National Legislation on Labour and Social Rights
Global database on occupational safety and health legislation
Employment protection legislation database
DISPLAYINEnglish - French - Spanish
Previous comments: C.167, C.170, C.187
1. The Committee notes the information in the Government’s report and the indication that no women are working in mines.
2. The Committee takes the 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 General Survey of 2001 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 it informed of any decision taken in this regard.
Further to its previous comments, the Committee notes the information supplied by the Government in its report.
The Committee notes the Government's statement that, although the Labour Code (Act No. 16-92 of May 1992) does not prohibit the employment of women workers in underground work, in practice problems do not arise in relation to underground work by women because there are no underground mines in the Dominican Republic. The Committee further notes the Government's indications in the report regarding its efforts to improve occupational safety and health for all.
The Committee asks the Government to communicate information on any change which may affect the application of the Convention.
The Committee notes the information supplied by the Government in its report.
In its previous comments the Committee noted the promulgation of the Labour Code (Act No. 16-92 of May 1992) which does not establish that women may not be employed in underground work. The Government indicates in its report that it is engaged in the necessary formalities, including consultation with the most representative organizations of employers and workers, to denounce the Convention.
The Committee notes this information and recalls paragraph 142 of its General Survey of 1988 on equality in employment and occupation, which states that elimination of the protection afforded to women cannot be deemed the only measure necessary in order to promote equality in employment and occupation. Other measures can be taken to satisfy the requirements of the promotion of equality.
The Committee asks the Government to indicate the measures taken to ensure that national legislation and practice are consistent with its commitments made by ratifying the Convention.
In previous comments, the Committee noted the enactment of the Labour Code (Act No. 16-92 of May 1992), which does not prohibit the employment of women workers in underground work.
The Committee notes the Government's statement that in practice problems do not arise in relation to underground work by women because there are no underground mines in the Dominican Republic. The Government states that when constructing dams, for which it was necessary to excavate tunnels, the authorities took measures to prevent the engagement of women in this underground work. These measures consisted of supervising the recruitment of workers and monitoring the full period of work.
The Committee wishes to recall that the general policy developed by the ILO is to ensure a safe and healthy working environment for all and to adapt work to the capacities of the worker, in so far as is reasonable. Where the working environment is not "safe and healthy for all", it is legitimate in accordance with the appropriate international instruments to provide protection for persons with specific needs, arising out of their age or physiological condition, which may include the prohibition of performing the work in question.
The Committee considers that, in view of the absence of a decision respecting the denunciation of the Convention, it is necessary to undertake an examination of the conditions of work in mines in the light of scientific and technical knowledge with a view to determining whether this working environment is reasonably safe and healthy for all in the sense set out in the Occupational Health Services Convention, 1985 (No. 161). The Committee considers that if it is found that this is not the case, maintenance of the protection provided by the Convention would be justified and that consideration could even be given to extending it to other underground work of the same type.
The Committee requests the Government to continue informing it of the measures that have been taken or are envisaged in this respect.
The Committee notes the adoption of the Labour Code (Act No. 16-92 of 29 May 1992) which does not maintain the prohibition upon employing women in underground work. It notes the statement by the Government that there are no underground mines in the Dominican Republic, since the extraction of minerals takes place in open mines.
The Committee requests the Government to indicate the measures which have been taken or are envisaged to ensure that national law is in conformity with the international commitments which have been undertaken.