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

Medical Examination of Young Persons (Underground Work) Convention, 1965 (No. 124) - Gabon (Ratification: 1968)

Article 2(1) of the Convention. Minimum age. In its previous comments, the Committee noted that, under the terms of section 207 of the Labour Code, the initial medical examination prior to recruitment was only compulsory for children under 18 years of age and not, as envisaged by the Convention, for persons under 21 years of age.

The Committee notes the Government’s indication in its report that it undertakes to take into account the requirement to make the initial medical examination prior to recruitment compulsory for workers under 21 years of age in the framework of the adoption of a draft Decree to update Order No. 3773 of 25 March 1954 on the organization and operation of medical services. It also notes that, under the terms of section 178 of the Labour Code, as amended by Ordinance No. 018/PR/2010 of 25 February 2010, labour inspectors may require a medical examination for fitness for employment of children and young persons up to the age of 18 years and up to the age of 21 years for types of work which involve high health risks. The Committee nevertheless observes that the medical examination prior to recruitment for young persons of 21 years of age is still not compulsory. The Committee therefore expresses the firm hope that the draft Decree will be adopted in the near future so as to give full effect to this provision of the Convention and requests the Government to provide information on any developments in this respect.

Article 3(2). X-ray film of the lungs. The Committee has been emphasizing for a number of years that the national legislation in Gabon does not contain any provision requiring an X-ray film of the lungs on the occasion of the initial medical examination and it expressed the hope that the Government would envisage the inclusion in the national legislation of a provision to this effect.

The Committee notes the Government’s indication that the draft Decree to update Order No. 3773 of 25 March 1954 on the organization and operation of medical services will take into account the requirement of an X-ray film of the lungs during the initial medical examination and also, if that is considered necessary from a medical point of view, during re-examinations. Observing that it has been raising this matter for many years, the Committee urges the Government to adopt the necessary measures to ensure that an X-ray film of the lungs is required during the initial medical examination of any person under 21 years of age with a view to their employment or work in underground mines, as well as, if considered necessary from the medical point of view, during subsequent re-examinations. In this respect, it expresses the firm hope that the draft Decree will be adopted in the near future and it requests the Government to continue providing information in this respect.

The Committee is raising other points in a request addressed directly to the Government.