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Other comments on C124

Observation
  1. 2023

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The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2021, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.
Repetition
Following its previous comments, the Committee notes that, according to section 13 of the Employment (Employment of Children) Regulations No. 17 of 2012, a child under 18 years of age shall undergo a medical examination before engaging in any job, and the medical examination shall be repeated every six months following employment. Moreover, a child who undergoes an initial medical examination shall receive a medical certificate certifying him or her as medically fit, the model of which is represented in the fourth schedule of the regulations.
However, the Committee recalls that, by virtue of Article 2(1) of the Convention, a thorough medical examination, and periodic re-examinations at intervals of not more than one year, for fitness for employment shall be required for the employment or work underground in mines of persons under 21 years of age.
In addition, the Committee once again draws the Government’s attention to the need to render statutory that, in accordance with Article 3(2) of the Convention, an X-ray film of the lungs shall be required on the occasion of the initial medical examination and, when regarded as medically necessary, on the occasion of subsequent re-examinations of persons under 21 years of age and that, in accordance with Article 4(4), the records containing suitable information, in respect of persons under 21 years of age, shall be kept and made available to inspectors and to the workers’ representatives, at their request.
Considering that the Committee has been underlining this issue for a number of years, the Committee strongly urges the Government to take the necessary measures to ensure that the national legislation meets the requirements of the abovementioned provisions of the Convention. It requests the Government to provide information on the progress made in this regard.
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