Underground Work (Women) Convention, 1935 (No. 45) - Argentina (Ratification: 1950)

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the observations of the General Confederation of Labour of the Argentine Republic (CGT RA), received on 2 September 2015, which indicate the absence of regulations under section 176 of the Labour Contracts Act (No. 20.744). The Committee notes in this regard the Government’s indication in its reply that section 11 of Act No. 11.317, of 30 September 1924, prohibits women from being employed in underground work. The Government adds that section 176 of Act No. 20.744 is supplementary to this provision and does not require regulations.

With regard to its previous comments on the intention to ratify the Safety and Health in Mines Convention, 1995 (No. 176), the Committee notes the Government’s indication in its report that a Bill has been submitted for this purpose. The Committee also notes the information provided by the Government concerning the publication by the Occupational Risk Supervisory Authority (SRT) of a “Handbook of good practice for the mining industry” for the prevention of occupational hazards and the protection and promotion of health, developed in collaboration and agreement with the various social partners.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

With reference to its previous comments, the Committee notes the Government’s report, according to which, although the Safety and Health in Mines Convention, 1995 (No. 176), has not been ratified, Decree No. 249/07 issuing regulations on safety and health in mining, published in the Boletín Oficial of the State on 23 March 2007, has been issued and, according to the report, sets out most of the standards envisaged in Convention No. 176. If the Government should consider the ratification of the latter Convention and the denunciation of Convention No. 45, the Committee recalls that, according to established practice, the next period open for the denunciation of Convention No. 45 will be from 30 May 2017 to 30 May 2018. The Committee requests the Government to provide information on any developments with regard to the intention to ratify Convention No. 176, including any requirement for technical assistance.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the Government’s report, which indicates that there have been no new legislative or other measures which impact on the application of the Convention. The Committee also notes that Law No. 11.317, which prohibits the employment of women and children in underground work, remains in force.

2. The Committee takes the opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that, with respect to underground work, the States parties to Convention No. 45 should be invited to contemplate ratifying the Safety and Health in Mines Convention, 1995 (No. 176), and possibly denouncing Convention No. 45 even though the latter instrument has not been formally revised (see GB.283/LILS/WP/PRS/1/2, paragraph 13). Contrary to the old approach based on the outright prohibition of underground work for all female workers, modern standards focus on risk assessment and risk management and provide for sufficient preventive and protective measures for mineworkers, irrespective of gender, whether employed in surface or underground sites. As the Committee has noted in its 2001 General Survey on night work of women in industry in relation to Conventions Nos. 4, 41 and 89, "the question of devising measures that aim at protecting women generally because of their gender (as distinct from those aimed at protecting women’s reproductive and infant nursing roles) has always been and continues to be controversial" (paragraph 186).

3. In the light of the foregoing observations, and also considering that the present trend is no doubt to remove all gender-specific restrictions on underground work, the Committee invites the Government to give favourable consideration to the ratification of the Safety and Health in Mines Convention, 1995 (No. 176), which shifts the emphasis from a specific category of workers to the safety and health protection of all mineworkers, and possibly also to the denunciation of Convention No. 45. In this respect, the Committee recalls that according to established practice, the Convention will be next open to denunciation during a one-year period from 30 May 2007 to 30 May 2008. The Committee requests the Government to keep it informed of any decision taken in this regard.