Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Underground Work (Women) Convention, 1935 (No. 45) - Mexico (Ratification: 1938)

Legislation. The Committee notes that the Government’s report corrects the information supplied in its previous report regarding the Mexican official standards applicable to mining. The Government indicates that NOM-023-STPS-2003 was replaced by NOM-023-STPS-2012, which remains in force together with NOM-032-STPS-2008. The latter regulates safety conditions and requirements in installations and operations in underground coalmines, whereas NOM-023-STPS-2012 applies to both underground mines and opencast mines, irrespective of the type and size of the workplace concerned. Moreover, the Government states that both standards are applicable and are connected. The Committee requests the Government to continue providing information on any developments in the legislation on this matter and on its application in practice.

Article 7 of the Convention. 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 ILO decided to invite the States parties to Convention No. 45 to contemplate ratifying the Safety and Health in Mines Convention, 1995 (No. 176), as well as denouncing Convention No. 45, even though this latter instrument has not been formally revised (see GB.283/LILS/WP/PRS/1/2, paragraph 13). Contrary to the old approach based on the outright prohibition of underground work for all female workers, modern standards focus on risk assessment and risk management and provide for sufficient preventive and protective measures for mineworkers, regardless of their sex, whether employed at surface or underground sites. Should the Government consider the possibility of ratifying Convention No. 176 and denouncing Convention No. 45, the Committee recalls that the Convention will next be open to denunciation from 30 May 2017 to 30 May 2018. The Committee is monitoring developments regarding the possibility of ratifying Convention No. 176 in its comments on the application of the Occupational Safety and Health Convention, 1981 (No. 155). The Committee requests the Government to provide relevant information regarding the eventual denunciation of the present Convention.