White Lead (Painting) Convention, 1921 (No. 13) - Cameroon (RATIFICATION: 1960)

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In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on Occupational Safety and Health (OSH), the Committee considers it appropriate to examine Conventions Nos 13 (white lead), 45 (Underground work (women)) and 162 (asbestos) together. The Committee notes the observations of the Trade Union Confederation of Workers of Cameroun (CSTC) concerning the applications of Conventions Nos 13, 45 and 162, received on 31 August 2022, and the Government’s reply thereto, received 15 November 2022.

A.Protection against specific hazards

White Lead (Painting) Convention, 1921 (No. 13)

Articles 1 and 5 of the Convention. Prohibition and regulation of the use of white lead and sulphate of lead. Further to its previous comments, the Committee notes with interest the adoption of Order No. 004/MINEPDED/CAB of 23 September 2017, amending and supplementing the list of chemical substances contained in Order No. 2011/2585/PM of 23 August 2011, which prohibits the importation and marketing of products and/or chemical substances composed of lead (production of paint containing a lead concentration greater than 90 ppm). The Committee notes this information which responds to its previous request.

Articles 5, Part III(a), and 7. Notification of cases of lead poisoning and statistics on morbidity and mortality. The Committee notes that, in response to its previous request, the Government indicates in its report, with a view to ensuring that suspected cases of lead poisoning are declared by employers, that it has classified the diseases caused by lead and its compounds under compensable occupational diseases, in conformity with Order No. 051/MINTSS/SG/DSST of 6 October 2009, establishing the list of tables of compensable occupational diseases. The Government further indicates that no case of lead poisoning has been recorded during the period covered by the report.

The Committee notes the CSTC’s observations to the effect that employers’ declarations of suspected cases of lead poisoning are almost non-existent, in spite of recognized trade involving the importation into Cameroun of paints that do not conform to European standards. The Committee notes the Government’s reply that it will undertake investigations on this matter. The Government also indicates that all employers who use products at work that may cause occupational diseases are required to notify the labour inspectorate, by registered letter, prior to the undertaking of works, and that failure to comply will result in a fine. The Committee requests the Government to strengthen its efforts to ensure that employers declare suspected cases of lead poisoning. It requests the Government to supply information on the measures taken in that connection and to continue to provide all information available on the application of the Convention in practice, including any recorded cases of lead poisoning.

Asbestos Convention, 1989 (No. 162)

Articles 3(1), 10 and 11 of the Convention. Total or partial prohibition of the use of asbestos. The Committee notes that under annex B1 of Order No. 004/MINEPDED/CAB of 23 September 2017 amending and supplementing the list of chemical substances contained in Decree No. 2011/2585/PM of 23 August 2011, asbestos (including crocidolite) is included in the list of substances subject to prior authorization from the Office for the Environment for production, importation, transit and circulation. The Committee requests the Government to provide fuller information on the application in practice of Order No. 004/MINEPDED/CAB of 23 September 2017, concerning asbestos, indicating whether the Office for the Environment has already issued authorizations allowing the production, importation, transit and circulation of asbestos.

Article 4. Consultation of employers’ and workers’ representative organizations. The Committee requests the Government to indicate whether the employers’ and workers’ representative organizations have been consulted on measures to give effect to the provisions of Convention No. 162 including, as appropriate, on the results of the consultations.

Article 5. Labour inspection. The Committee notes, in response to its previous request concerning the training of inspectors on asbestos-related issues, that the Government indicates a preference to request technical assistance to ensure training for labour inspectors. It further notes the adoption of Order No. 000196/MINTSS of 4 February 2020, establishing the minimum content of labour inspectors’ training in occupational safety and health, which provides that labour inspectors shall receive training in occupational safety and health, including obligatory training on occupational hazards and their management (sections 2 and 3 of the Order). With reference to its comments in respect of the Labour Inspection Convention, 1947 (No 81), the Committee notes the Government’s request for the Office’s technical assistance and hopes that this technical assistance will be provided soon. It requests the Government to provide information on all measures taken to ensure labour inspectors receive appropriate training enabling them to carry out effective inspections in respect of asbestos.

Article 6(1) and (2). Responsibilities of employers and cooperation between two or more employers. The Committee notes the employers’ general obligations, provided by Order No. 39/MTPS/IMT of 26 November 1984 establishing general safety and health measures in workplaces. Section 2(1) of that Order provides that employers are directly responsible for the application of all prevention and safety and health measures aimed at protecting the health of the workers in their employment. Section 2(2) provides that, where several employers employ workers simultaneously in the same workplace, they must take steps to ensure effective protection as possible for all workers, but that each employer nevertheless remains responsible for the injuries arising out of his or her activities. With reference to its observation, the Committee requests the Government to provide information on the prescribed safety measures for which employers are responsible for activities exposing workers to asbestos.

Article 7 and 8. Obligation of workers to comply with prescribed safety and hygiene procedures and cooperation within the enterprise. The Committee notes the provisions of Order No. 39/MTPS/IMT of 26 November 1984, establishing the general safety and health measures for workplaces, and concerning the workers’ duty to respect safety measures and cooperate at the workplace. Section 7 of that Order provides that any worker shall comply with the legal and regulatory provisions regarding safety and hygiene at the workplace, with the instructions of the director of the enterprise and with the provisions of the working regulations. Section8 of that Order provides for the establishment of hygiene and safety committees in establishments. The Committee notes this information which responds to its previous request.

B.Protection in specific branches of activity

Underground Work (Women) Convention, 1935 (No. 45)

The Committee notes the observations of the CSTC concerning safety issues in the mining sector. In particular, the CSTC draws attention to the number of cases of engulfment by landslide of informal sector workers, who tend frequently to set up particularly dangerous artisanal exploitations in zones that have already been worked by industrial enterprises, thus undertaking a highly hazardous activity. The Committee notes the Government’s reply that it is taking measures to apply the Mining Code, including through awareness raising campaigns on hazards in mining.

The Committee recalls that at its 334th Session (October-November 2018), the Governing Body of the ILO decided, on the recommendation of the Standards Review Mechanism Tripartite Working Group, to classify Convention No. 45 as an outdated standard, and to place on the agenda of the 112th Session (2024) of the International Labour Conference an item concerning the abrogation of the Convention. The Governing Body also requested the Office to ensure follow-up for Member States currently bound by Convention No. 45 to promote ratification of up-to-date occupational safety and health instruments, in particular the Safety and Health in Mines Convention, 1995 (No. 176), and to launch a campaign to promote ratification of that Convention. The Committeeencourages the Government to give effect to the decision taken at the 334th Session of the Governing Body (October-November 2018) approving the recommendations of the Standards Review Mechanism Tripartite Working Group, and to consider ratification of more up-to-date instruments in this area. The Committee takes this opportunity to remind the Government that the 110th Session of the International Labour Conference (June 2022) included a safe and healthy working environment in the ILO’s framework of fundamental principles and rights at work, thus amending the ILO Declaration on Fundamental Principles and Rights at Work (1998). The Committee draws the Government’s attention to the possibility of availing itself of ILO technical assistance with a view to bringing both the applicable law and practice into conformity with the fundamental Conventions on occupational safety and health and thus promote the ratification and effective application of those instruments.

[The Government is asked to reply in full to the present comments in 2025.]

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The Committee notes the observations of the General Union of Workers of Cameroon (UGTC), received on 25 September 2015 and the response of the Government to these observations, received on 3 December 2015. The Committee will examine the observations of the UGTC and the response of the Government thereto in due course.

The Committee notes the information provided by the Government in its report in relation to the effect given to Articles 3 and 5(II), (III)(b) and (IV) of the Convention.

Article 5(I) of the Convention. Regulation of the use of white lead in operations for which its use is not prohibited. The Committee notes that the legislative instruments cited by the Government do not seem to give effect to Article 5(I) of the Convention. The Committee thus requests the Government to provide information on the measures taken or envisaged, in law and practice, to give effect to the provisions of Article 5(I) of the Convention.

Article 5(III)(a). Notification of cases of suspected lead poisoning. The Committee notes that, under section 17(2) of Act No. 77-11 of 13 July 1977 on compensation and prevention of occupational accidents and diseases, employers are obliged to notify any occupational disease reported in the enterprise, but that this obligation does not seem to extend to cases of suspected occupational disease. The Committee requests the Government to indicate the measures taken or envisaged, in law and practice, to ensure that employers notify cases of suspected lead poisoning.

Article 7. Statistics on morbidity and mortality. Application in practice. The Committee notes the Government’s indication that statistics on lead poisoning among working painters are not available due to, inter alia, the fact that it is difficult to diagnose occupational diseases, the lack of awareness of the risks among workers and employers, who may also not be acting in good faith, and the fact that occupational safety and health inspectors do not have specific training in this area. The Committee urges the Government to take the necessary measures to establish statistics on cases of morbidity and mortality due to lead poisoning and to provide information on the measures taken in this regard. In the meantime, it requests the Government to send any available information on lead-related diseases and any other information relating to the application of the Convention in practice.

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The Committee notes the information provided by the Government in its latest report indicating that no changes have been made with regard to the application of the Convention during the reporting period. The Committee notes, however, that the Government previously indicated that the National Occupational Safety and Health Committee could in the future, through technical assistance from the ILO, draw up a document regulating the use of products containing white lead and its compounds. The Committee asks the Government to indicate whether a formal request for technical assistance has been made to the Office, and to continue to provide information on legislative measures taken with regard to the Convention.

Article 3 of the Convention. Employment of males under 18 years of age and of all females. The Committee notes the information provided in one of the Government’s previous reports, indicating that Order No. 17/MTLS/DEGRE of 27 May 1969 prohibits the employment of children under 18 years of age and women. Referring to comments previously made on the application of the Convention, the Committee asks the Government to indicate whether Order No. 6676 of 15 October 1956, which prohibits the employment of young persons under 18 years of age and women in painting work of an industrial nature involving the use of white lead and lead compounds, is still in effect. The Committee also asks the Government to submit a copy of Order No. 17/MTLS/DEGRE of 27 May 1969.

Article 5. Regulating the use of white lead. The Committee notes the information provided by the Government in one of its previous reports in which it indicated that sections 95, 96 and 97 of the Labour Code ensures the health and safety of workers, as required under this Article of the Convention. Noting that the provisions of the abovementioned sections of the Labour Code do not specifically address each of the requirements under Article 5 of the Convention, the Committee asks the Government to indicate measures in law and in practice to ensure that effect is given to these requirements.

Article 7. Statistics as to morbidity and mortality. The Committee notes that, despite numerous requests for information on statistics available with regard to lead poisoning among working painters, the Government has omitted to provide such information in its reports. The Committee therefore reiterates its request to the Government to provide statistics concerning cases of morbidity and mortality due to lead poisoning, in accordance with Article 7 of the Convention; and to provide full information on the action taken for the compilation of such statistics.

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1. Article 3 of the Convention. In its previous comments, the Committee noted that the Government referred to Order No. 6676 of 5 October 1956 regulating the use of white lead and lead compounds in cases in which their use remains authorized. Under the terms of section 1 of the above Order, the employment of young persons under 18 years of age and women in painting work of an industrial character involving the use of white lead and lead compounds is prohibited, which gives full effect to this Article of the Convention. The Committee also noted that, in its report for 1973, the Government stated that Order No. 6676 of 5 October 1956 was under revision and that a new text was being formulated. The Government's subsequent reports do not indicate that Order No. 6676 of 5 October 1956 has been amended. The Committee notes that the Government refers to section 86(1) of the Labour Code of 1992 with regard to the application of Article 3 of the Convention which lays down a general prohibition on the employment of children under the age of 14 years in enterprises, except where derogations are envisaged by ministerial order. The Committee therefore requests the Government to state whether Order No. 6676 of 5 October 1956 is still in force.

2. Article 7. The Committee notes that, according to the information provided by the Government on Article 7, there are currently no statistics concerning lead poisoning. The Committee once again hopes that the Government will be able to provide statistics concerning cases of morbidity and mortality due to lead poisoning, in accordance with the report form on Article 7 of the Convention. It requests the Government to provide full information on the action taken for the compilation of such statistics.

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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:

Article 7 of the Convention. The Committee notes the Government's statement in its report that no new provisions have been introduced in the laws or regulations. In a request addressed to the Government in 1988, the Committee referred to Article 7 of the Convention under which statistics with regard to lead poisoning among working painters shall be obtained: (a) as to morbidity - by notification and certification of all cases of lead poisoning; and (b) as to mortality - by a method approved by the official statistical authority in each country.

The Committee asked the Government to supply with its report the statistics called for by Article 7 of the Convention on cases of morbidity and mortality caused by lead poisoning, as also required by the report form under Article 7. In the absence of a reply to this point, the Committee hopes that the information requested will be provided with the next report.

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Article 7 of the Convention. The Committee notes the Government's statement in its report that no new provisions have been introduced in the laws or regulations. In a request addressed to the Government in 1988, the Committee referred to Article 7 of the Convention under which statistics with regard to lead poisoning among working painters shall be obtained: (a) as to morbidity - by notification and certification of all cases of lead poisoning; and (b) as to mortality - by a method approved by the official statistical authority in each country.

The Committee asked the Government to supply with its report the statistics called for by Article 7 of the Convention on cases of morbidity and mortality caused by lead poisoning, as also required by the report form under Article 7. In the absence of a reply to this point, the Committee hopes that the information requested will be provided with the next report.

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The Committee would be grateful if the Government would supply with its next report the statistics called for by Article 7 of the Convention on cases of morbidity and mortality caused by lead poisoning.