Underground Work (Women) Convention, 1935 (No. 45) - Papua New Guinea (Ratification: 1976)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 7 of the Convention. The Committee notes the Government’s indications in its report that a document on the possible ratification and denunciation of ILO Conventions was endorsed by the Secretary of the Department of Labour and has been submitted to the National Tripartite Consultative Council (NTCC) for further deliberation. The Government further indicates that the ratification of the Safety and Health in Mines Convention, 1995 (No. 176) will be given due consideration during this review process, and that a revised Occupational Health and Safety Bill has been adopted by Parliament and is awaiting endorsement by the National Executive Council. The Committee also notes the Government’s reiterated indications that it intends to denounce Convention No. 45, and that it plans to take the necessary step in this regard before 30 May 2017, that is, before this Convention will again be open to denunciation. The Committee requests the Government to continue to provide information on any developments in this respect.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 7 of the Convention. The Committee notes the Government’s indications in its report that a document on the possible ratification and denunciation of ILO Conventions was endorsed by the Secretary of the Department of Labour and has been submitted to the National Tripartite Consultative Council (NTCC) for further deliberation. The Government further indicates that the ratification of the Safety and Health in Mines Convention, 1995 (No. 176) will be given due consideration during this review process, and that a revised Occupational Health and Safety Bill has been adopted by Parliament and is awaiting endorsement by the National Executive Council. The Committee also notes the Government’s reiterated indications that it intends to denounce Convention No. 45, and that it plans to take the necessary step in this regard before 30 May 2017, that is, before this Convention will again be open to denunciation. The Committee requests the Government to continue to provide information on any developments in this respect.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the information that the Department of Labour, intends to examine through the National Tripartite Consultative Council, the possibility of ratifying the Safety and Health in Mines Convention, 1995 (No. 176), and that a review of existing national legislation in the area of occupational safety and health is planned to follow after the conclusion of the ongoing review of the national Employment Act in accordance with Papua New Guinea’s Decent Work Country Programme (2009–12). With reference to the possible denunciation of Convention No. 45 referred to in the Government’s previous report, the Committee recalls that Convention No. 45 will again be open to denunciation for one year as from 30 May 2017. It asks the Government to keep the Office informed of any decision taken in this regard.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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 on its previous direct request, which read as follows:

The Committee notes the Government’s report which indicates that although the provisions of the Employment Act, 1978, prohibiting employment of female workers on underground work in mines are still applicable, consideration is being given to the possibility of amending these provisions as they are discriminatory and do not conform to freedom of employment and equality of citizens as enshrined in the National Constitution. The Government refers to the findings of a “study on discrimination in employment and occupation in Papua New Guinea”, conducted with ILO technical assistance, which revealed that the continued application of the Convention is highly discriminatory and needs to be addressed. Moreover, the findings of the study have resulted in calls being made for the denunciation of the Convention as its provisions are no longer viable and its content is inherently discriminatory in that it denies women the right of free choice of profession and the right to same employment opportunities. The Government further states that as a party to the United Nations Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), it has committed itself to ensuring that any discriminatory laws and practices against women be eliminated. It adds that following the recent ratification of Conventions Nos. 100 and 111, the provisions of Convention No. 45 are now obsolete and therefore the possible denunciation of the Convention is currently under examination.

While taking due note of the Government’s statements, the Committee wishes 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 the States parties to Convention No. 45 should be invited to denounce the said instrument and ratify at the same time the Safety and Health in Mines Convention, 1995 (No. 176) (see GB.283/LILS/WP/PRS/1/2, paragraph 13). The Committee considers that the general trend worldwide is to remove all gender-specific restrictions on underground work and to provide protection for women, as may be necessary, in a fashion that does not infringe their rights to equality of opportunity and treatment. 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).

In the light of the foregoing observations, the Committee invites the Government to contemplate ratifying the Safety and Health in Mines Convention, 1995 (No. 176), which contains modern standards focusing on risk assessment and risk management and providing for sufficient preventive and protective measures for all mineworkers, irrespective of gender.

The Committee recalls that Convention No. 45 will again be open to denunciation for one year as from 30 May 2017. It asks the Government to keep it informed of any decision taken in this regard.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s report which indicates that although the provisions of the Employment Act, 1978, prohibiting employment of female workers on underground work in mines are still applicable, consideration is being given to the possibility of amending these provisions as they are discriminatory and do not conform to freedom of employment and equality of citizens as enshrined in the National Constitution. The Government refers to the findings of a "study on discrimination in employment and occupation in Papua New Guinea", conducted with ILO technical assistance, which revealed that the continued application of the Convention is highly discriminatory and needs to be addressed. Moreover, the findings of the study have resulted in calls being made for the denunciation of the Convention as its provisions are no longer viable and its content is inherently discriminatory in that it denies women the right of free choice of profession and the right to same employment opportunities. The Government further states that as a party to the United Nations Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), it has committed itself to ensuring that any discriminatory laws and practices against women be eliminated. It adds that following the recent ratification of Conventions Nos. 100 and 111, the provisions of Convention No. 45 are now obsolete and therefore the possible denunciation of the Convention is currently under examination.

While taking due note of the Government’s statements, the Committee wishes 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 the States parties to Convention No. 45 should be invited to denounce the said instrument and ratify at the same time the Safety and Health in Mines Convention, 1995 (No. 176) (see GB.283/LILS/WP/PRS/1/2, paragraph 13). The Committee considers that the general trend worldwide is to remove all gender-specific restrictions on underground work and to provide protection for women, as may be necessary, in a fashion that does not infringe their rights to equality of opportunity and treatment. 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).

In the light of the foregoing observations, the Committee invites the Government to contemplate ratifying the Safety and Health in Mines Convention, 1995 (No. 176), which contains modern standards focusing on risk assessment and risk management and providing for sufficient preventive and protective measures for all mineworkers, irrespective of gender. Finally, the Committee recalls that Convention No. 45 will again be open to denunciation for one year as from 30 May 2007, and asks the Government to keep it informed of any decision taken in this regard.