Underground Work (Women) Convention, 1935 (No. 45) - Afghanistan (Ratification: 1937)

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

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 139 (occupational cancer) together.

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

Legislation. In its previous comments, the Committee noted the Government’s indication that the development of OSH regulations to implement the Labour Code had been envisaged, and requested the Government to provide information on any progress in this respect. The Committee notes the Government’s indication in its report that, as part of the broader national legal reform, the revision of the Regulation on General OSH Standards (1999) has begun. It further notes that, according to information from the ILO Decent Work Team for South Asia and Country Office for India, the Labour Code reform is ongoing. The Committee hopes that in its next report, the Government will be able to provide specific information regarding the measures taken, in law and in practice, to regulate the use of white lead and sulphate of lead and of all products containing these pigments in accordance with the provisions of the Convention. The Committee further requests the Government to continue to provide information regarding the progress of its legal reform, and to provide a copy of the new OSH regulation, once it has been adopted.

Occupational Cancer Convention, 1974 (No. 139)

Article 1 of the Convention. Periodic determination of carcinogenic substances or agents. The Committee notes that the Government refers in its report to the Regulation on General OSH Standards and indicates that its revision is pending the completion of the revision of the Labour Code. The Committee observes, however, an absence of information regarding measures taken to periodically determine the list of carcinogenic substances or agents to which occupational exposure shall be prohibited or made subject to authorization or control, and those to which other provisions of this Convention shall apply. Noting the importance of such a list for the effective application of the provisions of the Convention, the Committee requests that the Government indicate the specific measures taken to periodically determine the carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization or control, and those to which other provisions of this Convention shall apply.

Article 3. Protective measures and appropriate system of records. The Committee notes that, pursuant to section 111(2) of the Labour Code, workers are required to observe the rules and standards of protection at work as well as safety techniques, and to use individual protective devices while working. Section 112 of the Labour Code also requires the enterprise to provide protective clothes and equipment for workers, free of charge, where the work carried out is under conditions harmful to health. In addition, section 9 of the Regulation on the Distribution of Clothes and Protective Equipment (No. 791) also requires the provision of protective clothes, materials or other equipment specific and common for workers who work with acids and fluids, harmful gases, toxic substances, destructive disinfectants and hazardous radiation. The Committee requests the Government to provide further information regarding the measures taken or envisaged to ensure the protection of workers against the risks of exposure to carcinogenic substances or agents. It also requests the Government to provide information on the measures taken or envisaged to establish an appropriate system of records, in accordance with Article 3.

Article 4. Information. The Committee notes that section 111(1) of the Labour Code requires the person in charge of the enterprise to give continuous training to employees about safety, health, first-aid service and firefighting rules and techniques, as well as other employee protection rules. The Committee requests the Government to provide further information on the steps taken to ensure that to workers who have been, are, or are likely to be exposed to carcinogenic substances or agents are provided with all the available information on the dangers involved and on the measures to be taken.

Article 5. Medical examinations or biological or other tests or investigations. The Committee notes that, pursuant to section 113 of the Labour Code, workers engaged in arduous work and in types of work carried out under conditions that are harmful to health must undergo periodic health and medical examinations during the service period in order to see that they are fit for work and to prevent occupational diseases. Section 115 of the Labour Code further provides for the establishment of fixed and mobile centres to carry out, to the extent possible, medical examinations for workers, with due regard to the number of employees and personnel, and in accordance with the standards set by the Ministry of Public Health in agreement with the Ministry of Labour, Social Affairs, Martyrs and Disabled (MoLSAMD). Moreover, the Government indicates that the MoLSAMD has begun work on the development of a regulation on the Rights and Benefits of Workers in Physically Arduous and Harmful Jobs and that the next report will provide more information on the progress made regarding this regulation. The Committee requests the Government to provide information on the measures taken to ensure that medical examinations are also provided to workers after the period of employment, as necessary, in accordance with Article 5 of the Convention. In addition, the Committee requests the Government to provide information on the application in practice of section 115 of the Labour Code.

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

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism (SRM) Tripartite Working Group, classified Convention No. 45 as an outdated instrument, and has placed an item on the agenda of the 113th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also requested the Office to follow-up with member States currently bound by Convention No. 45 to encourage the ratification of up-to-date instruments concerning OSH, including but not limited to the Safety and Health in Mines Convention, 1995 (No. 176), and to undertake a campaign to promote the ratification of Convention No. 176.

The Committee therefore encourages the Government to follow up the Governing Body’s decision at its 334th Session (October–November 2018) approving the recommendations of the SRM Tripartite Working Group and to consider ratifying the most up-to-date instruments in this subject area.

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes the information contained in the Government’s report, indicating that the application of this Convention is assured through article 127 of Ordinance No. 103 of 1987, but that the Government plans to denounce this Convention and consider ratifying the Safety and Health in Mines Convention, 1995 (No. 176) instead.

2. The Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that, with respect to underground work, the States parties to Convention No. 45 should be invited to contemplate ratifying the Safety and Health in Mines Convention, 1995 (No. 176), and possibly denouncing Convention No. 45 even though the 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, irrespective of gender, whether employed in surface or underground sites. As the Committee has noted in its 2001 General Survey on night work of women in industry in relation to Conventions Nos. 4, 41 and 89, “the question of devising measures that aim at protecting women generally because of their gender (as distinct from those aimed at protecting women’s reproductive and infant nursing roles) has always been and continues to be controversial” (paragraph 186).

3. In the light of the foregoing observations, and also considering that the present trend is no doubt to remove all gender-specific restrictions on underground work, the Committee invites the Government to give favourable consideration to the ratification of the Safety and Health in Mines Convention, 1995 (No. 176), which shifts the emphasis from a specific category of workers to the safety and health protection of all mineworkers, and possibly also to the denunciation of Convention No. 45. In this respect, the Committee recalls that, according to established practice, the Convention will be next open to denunciation during a one-year period from 30 May 2007 to 30 May 2008. The Committee requests the Government to keep the Office informed of any decision taken in this regard.