Underground Work (Women) Convention, 1935 (No. 45) - Guinea - Bissau (Ratification: 1977)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the Government's indication, in its report, that it has taken note of the Governing Body's decision to identify Convention No. 45 as an outdated instrument. The Government indicates that, through the General Directorate of Labour, it intends to formulate a proposal for the ratification of the Safety and Health in Mines Convention, 1995 (No. 176) and that it will keep the Committee informed of any progress in this respect.

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism (SRM) Tripartite Working Group, classified Convention No. 45 as an outdated instrument, and has placed an item on the agenda of the 112th Session of the International Labour Conference in 2024 concerning its abrogation. The Governing Body also requested the Office to follow up with Member States currently bound by Convention No. 45 to encourage the ratification of up-to-date instruments concerning occupational safety and health, in particular Convention No. 176, and to undertake a campaign to promote the ratification of Convention No. 176. Welcoming the Government’s information, the Committee invites it to follow up on the Governing Body’s decision at its 334th Session (October–November 2018), approving the recommendations of the SRM Tripartite Working Group, and to consider ratifying the most up-to-date instruments in this subject area. The Committee takes this opportunity to remind the Government that in June 2022, the International Labour Conference added the principle of a safe and healthy working environment to the fundamental principles and rights at work, thereby amending the 1998 Declaration on Fundamental Principles and Rights at Work. The Committee draws the Government's attention to the possibility of requesting the technical assistance of the Office in order to bring both practice and applicable legislation in line with the fundamental Conventions on occupational safety and health, thus promoting their effective ratification and application.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee notes the information contained in the Government’s report stating that it undertakes to ratify the Safety and Health in Mines Convention, 1995 (No. 176), to denounce the present Convention and to carry out an information campaign on Convention No. 176 with the social partners. The Committee recalls that, according to established practice, Convention No. 45 will be open for denunciation for one year, from 30 May 2017 to 30 May 2018. It also wishes to draw the Government’s attention to the fact that it might receive technical assistance from the International Labour Office to facilitate the ratification of Convention No. 176, and it invites it to provide information on its possible needs in this respect.

Plan of action 2010–16. The Committee takes this opportunity to inform the Government that in March 2010 the Governing Body adopted the plan of action 2010–16 to achieve widespread ratification and effective implementation of the Occupational Safety and Health Convention, 1981 (No. 155), and its Protocol of 2002, and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) (document GB.307/10/2(Rev.)). Noting that the Government has not ratified any of these instruments of general scope on occupational safety and health, the Committee draws the Government’s attention to the fact that, under this plan, the Office will provide technical assistance to the Governments, as the case may be, if required, so that they might bring their law and practice in line with these key conventions on occupational safety and health in order to promote their effective ratification and application. Furthermore, the Committee recalls that the Office is ready to provide assistance with the preparation of reports on the application of ratified Conventions. The Committee invites the Government to provide information on its possible needs in this respect.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the information contained in the Government’s report stating that it undertakes to ratify the Safety and Health in Mines Convention, 1995 (No. 176), to denounce the present Convention and to carry out an information campaign on Convention No. 176 with the social partners. The Committee recalls that, according to established practice, Convention No. 45 will be open for denunciation for one year, from 30 May 2017 to 30 May 2018. It also wishes to draw the Government’s attention to the fact that it might receive technical assistance from the International Labour Office to facilitate the ratification of Convention No. 176, and it invites it to provide information on its possible needs in this respect.

Plan of action 2010–16. The Committee takes this opportunity to inform the Government that in March 2010 the Governing Body adopted the plan of action 2010–16 to achieve widespread ratification and effective implementation of the Occupational Safety and Health Convention, 1981 (No. 155), and its Protocol of 2002, and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) (document GB.307/10/2(Rev.)). Noting that the Government has not ratified any of these instruments of general scope on occupational safety and health, the Committee draws the Government’s attention to the fact that, under this plan, the Office will provide technical assistance to the Governments, as the case may be, if required, so that they might bring their law and practice in line with these key conventions on occupational safety and health in order to promote their effective ratification and application. Furthermore, the Committee recalls that the Office is ready to provide assistance with the preparation of reports on the application of ratified conventions. The Committee invites the Government to provide information on its possible needs in this respect.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information provided in the Government’s report, in particular the information that the additional legislation relating to the prohibition of the employment of women in underground work has still not been adopted. It also notes that the revision of the Labour Code, the draft of which was attached to the previous report, appears not to have been undertaken. The Committee requests the Government to keep it informed of any progress in this regard and to communicate a copy of the relevant texts as soon as they have been adopted.

The Committee takes this opportunity to point out that, on the basis of the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the Governing Body of the International Labour Office decided to invite the States parties to Convention No. 45 to contemplate ratifying the recent Safety and Health in Mines Convention, 1995 (No. 176), as well as denouncing Convention No. 45 (see document GB.283/LILS/WP/PRS/1/2, paragraph 13). Contrary to the old approach based on the total prohibition on underground work being performed by any female workers, the modern standards emphasize risk assessment and risk management and provide sufficient preventive and protective measures for workers in mines, regardless of their sex, whether they are employed on the surface or at underground sites. As the Committee noted in its 2001 General Survey of night work of women in industry, with regard 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).

Taking account of previous observations, as well as of the fact that the current prevailing trend across the world is to provide protection to women in such a way as not to harm their rights with regard to equal opportunities and treatment, the Committee invites the Government to contemplate ratifying the Safety and Health in Mines Convention, 1995 (No. 176), which no longer focuses on a particular category of worker but rather on the protection of the health and safety of all workers in mines, as well as denouncing Convention No. 45.

The Committee recalls that, according to established practice, the Committee will once again be open to denunciation for the period of one year from 30 May 2017 to 30 May 2018. The Committee requests the Government to keep it informed of any decision taken in this regard.

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

1. The Committee notes the information provided in the Government’s report, in particular the information that the additional legislation relating to the prohibition of the employment of women in underground work has still not been adopted. It also notes that the revision of the Labour Code, the draft of which was attached to the previous report, appears not to have been undertaken. The Committee requests the Government to keep it informed of any progress in this regard and to communicate a copy of the relevant texts as soon as they have been adopted.

2. The Committee takes this opportunity to point out that, on the basis of the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the Governing Body of the International Labour Office decided to invite the States parties to Convention No. 45 to contemplate ratifying the recent Safety and Health in Mines Convention, 1995 (No. 176), as well as denouncing Convention No. 45 (see document GB.283/LILS/WP/PRS/1/2, paragraph 13). Contrary to the old approach based on the total prohibition on underground work being performed by any female workers, the modern standards emphasize risk assessment and risk management and provide sufficient preventive and protective measures for workers in mines, regardless of their sex, whether they are employed on the surface or at underground sites. As the Committee noted in its 2001 General Survey of night work of women in industry, with regard 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. Taking account of previous observations, as well as of the fact that the current prevailing trend across the world is to provide protection to women in such a way as not to harm their rights with regard to equal opportunities and treatment, the Committee invites the Government to contemplate ratifying the Safety and Health in Mines Convention, 1995 (No. 176), which no longer focuses on a particular category of worker but rather on the protection of the health and safety of all workers in mines, as well as denouncing Convention No. 45. The Committee points out in this regard that, according to established practice, the Committee will once again be open to denunciation for the period of one year from 30 May 2007 to 30 May 2008. The Committee requests the Government to keep it informed of any decision taken in this regard.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the Government’s report. With reference to its previous comments, it notes with regret that no specific legislation has yet been adopted under section 155(4) of the Labour Code, in order to establish the conditions or prohibitions concerning the employment of women in arduous, unhealthy and underground works, or in other works likely to harm their reproductive function. In its report, the Government considers that section 155(3) of the Labour Code, which ensures the access of women to any employment, occupation or position, not entailing any effective or potential risk for their reproductive health, implies clearly that women are prohibited to be employed in underground works. The Committee, however, is bound to recall that, as the Government itself admits in its report, section 155(4) of the Labour Code provides for the adoption of specific legislation in this respect. The Committee notes the set-up of a committee charged with the revision of the Labour Code, the purpose of which is to elaborate this new legislation. It also notes the draft statutory order on the amendment of the Labour Code, which was prepared in October 2000 and was attached to the Government’s report. While noting that, according to its report, there are no underground works in Guinea-Bissau, the Committee urges the Government to make every effort, in order to give effect to the provisions of the Convention, on which it has been commenting for several years. It requests the Government to communicate in its next report any progress achieved in this regard, and to supply a copy of the new legislation revising the Labour Code, as soon as adopted.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

In previous observations, the Committee noted that Act No. 2/86 of 5 April 1986 enacting the Labour Code repealed previous legislation which barred the employment of women on underground work but its section 155 provided that supplementary legislation will establish the circumstances or banning of their employment on such work as well as on other work liable to prejudice women's genetic function. The Committee notes that according to the Government's previous report, no progress has yet been achieved in harmonizing legislation with the Convention. It hopes that the necessary measures will be taken by the Government, in accordance with its obligations arising from ratification of the Convention. It requests the Government to communicate information on any new measure in this respect.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation on the following points:

In previous observations, the Committee noted that Act No. 2/86 of 5 April 1986 enacting the Labour Code repealed previous legislation which barred the employment of women on underground work but its section 155 provided that supplementary legislation will establish the circumstances or banning of their employment on such work as well as on other work liable to prejudice women's genetic function. The Committee notes that according to the Government's previous report, no progress has yet been achieved in harmonizing legislation with the Convention. It hopes that the necessary measures will be taken by the Government, in accordance with its obligations arising from ratification of the Convention. It requests the Government to communicate information on any new measure in this respect.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

The Committee noted that Act No. 2/86, 5 April 1986, to issue the Labour Code repeals the former legislation which prohibited women from being employed in underground work, but that it provides, in section 155, that supplementary legislation will establish the circumstances or prohibition of the employment of women in this work and in other work liable to harm the genetic function of women.

While noting from the Government's report that there is no underground work in Guinea-Bissau, the Committee hopes that the necessary steps will be taken in the near future to adopt appropriate texts to bring the legislation into line with the Convention. It asks the Government to report on any progress achieved in this connection.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee has noted the information supplied by the Government in its report.

In previous observations, the Committee noted that Act No. 2/86 of 5 April 1986 enacting the Labour Code repealed previous legislation which barred the employment of women on underground work but its section 155 provided that supplementary legislation will establish the circumstances or banning of their employment on such work as well as on other work liable to prejudice women's genetic function.

The Committee notes that according to the Government's report, no progress has yet been achieved in harmonizing legislation with the Convention. It hopes that the necessary measures will be taken by the Government, in accordance with its obligations arising from ratification of the Convention. It requests the Government to communicate information on any new measure in this respect.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

The Committee noted that Act No. 2/86, 5 April 1986, to issue the Labour Code repeals the former legislation which prohibited women from being employed in underground work, but that it provides, in section 155, that supplementary legislation will establish the circumstances or prohibition of the employment of women in this work and in other work liable to harm the genetic function of women.

While noting from the Government's report that there is no underground work in Guinea-Bissau, the Committee hopes that the necessary steps will be taken in the near future to adopt appropriate texts to bring the legislation into line with the Convention. It asks the Government to report on any progress achieved in this connection.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes that Act No. 2/86, April 1986, to issue the Labour Code repeals the former legislation which prohibited women from being employed in underground work, but that it provides, in section 155, that supplementary legislation will establish the circumstances or prohibition of the employment of women in this work and in other work liable to harm the genetic function of women.

While noting from the Government's report that there is no underground work in Guinea-Bissau, the Committee hopes that the necessary steps will be taken in the near future to adopt appropriate texts to bring the legislation into line with the Convention. It asks the Government to report on any progress achieved in this connection.