Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Minimum Age (Underground Work) Convention, 1965 (No. 123) - Gabon (Ratification: 1968)

The Committee notes the Government’s report. It recalls that for many years it has been drawing the Government’s attention to the need to bring the national legislation into line with the Convention on the following points.

Article 2, paragraph 1, of the Convention. In its previous comments, the Committee requested the Government to indicate the measures adopted to amend section 2(5) of Decree No. 275 of 5 December 1962 so as to prohibit the employment of young persons under the age of 18 years not only in extraction and earthworks, but also in all underground employment or work in mines and quarries. The Committee notes the information provided by the Government in its report according to which section 177 of the Labour Code prohibits the employment of young persons in any enterprise before the age of 16 years and that no draft text to revise this age is envisaged. The Committee also notes, according to the Government’s report, that the only underground mining concern in Gabon has ceased activities. The Committee recalls that when ratifying the Convention Gabon specified a minimum age of 18 years and that the Convention covers all underground work or employment. The Committee therefore once again requests the Government to take measures to ensure that the minimum age for admission to employment in underground work corresponds to the minimum age specified (18 years in Gabon) and to provide information on these measures.

Article 4, paragraphs 4(b) and 5. The Committee had previously requested the Government to indicate the measures taken to require employers to keep records indicating the date on which young persons where employed or worked underground for the first time in the enterprise, and to make these records available to labour inspectors and to workers’ representatives. The Committee notes the information provided in the Government’s report to the effect that section 257 of the Labour Code requires every employer to keep a register called an "employer’s register" containing the information envisaged by the Convention. The Committee notes, according to the Government’s report, that labour inspectors review the staff of the enterprise through this register, which records the age, nationality and sex of workers. The Government’s report does not contain any indication on these registers being made available to workers’ representatives who request them. The Committee notes that in practice the requirement that the employer’s register must, for each person employed or working underground, indicate the date on which the person was employed or worked underground in the enterprise for the first time, is not set out explicitly in section 257 of the Labour Code. The Committee also notes that the model of the register shall be determined by order of the minister responsible for labour after consulting the Labour Advisory Commission. It requests the Government to provide a copy of the order of the Minister of Labour determining the model of the employer’s register and to provide a copy of the register. The Committee once again requests the Government to indicate the measures taken to require that the lists established in accordance with Article 4, paragraph 5, of the Convention shall be made available to workers’ representatives, at their request, and to provide a copy of a model of such lists.