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White Lead (Painting) Convention, 1921 (No. 13) - Azerbaijan (RATIFICATION: 1992)

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Article 1 of the Convention. Prohibition of the use of white lead and sulphate of lead, and of all products containing these pigments, in the internal painting of buildings. In its previous comments, the Committee requested the Government to take all relevant measures to give effect to this Article of the Convention in law and practice. The Committee notes that in its report the Government once again indicates that white lead is not used in modern construction and painting work in the country, due in part to the low quality and high cost of white lead in comparison with other painting materials. The Committee notes however that the legislation and regulations listed by the Government do not specifically prohibit the use of white lead and sulphate of lead and of all products containing these pigments in the internal painting of buildings. Noting that the Government indicates that white lead is not used in modern construction and painting work in the country, the Committee requests the Government to provide information on the measures taken to expressly prohibit the use of white lead and sulphate of lead and of all products containing these pigments in the internal painting of buildings.

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Article 1 of the Convention. Prohibition of the use of white lead and sulphate of lead, and of all products containing these pigments, in the internal painting of buildings. The Committee notes that the Government’s latest report includes a list of laws and regulations which appear to be relevant for the application of the Convention, but that national legislation does not address this issue specifically as white lead de facto is no longer used due to its low quality and as it is more expensive than other painting materials. The Government maintains, however, that the use of white lead in pure form in the works carried out indoors is not recommended due to its strong toxicity and that the use of white lead as a component in painting materials is prohibited. The Committee notes that the Government does not specify the relevant legislation which contains this prohibition. The Committee recalls that Article 1 lays down the obligation to undertake the prohibition of using white lead and sulphate of lead and of all products containing these pigments in the internal painting of buildings and that national laws and regulations should expressly provide for the prohibition of these harmful substances. The Committee once again invites the Government to take all relevant measures to give effect, in law and in practice, to the present Article of the Convention, to keep the Committee informed of any progress achieved and to supply a copy of any relevant provision adopted in this respect.

Part V of the report form. Article 7. Statistics as well as extracts from reports of inspection services with regard to results of technical control on painting works including lead poisoning among working painters. The Committee notes the Government’s statement that it has no statistical information to provide as white lead is not used in Azerbaijan. The Committee reiterates its request to the Government to supply any available statistics with regard to lead poisoning among working painters to allow it to make a general appreciation of the manner in which the Convention is applied in practice.

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The Committee notes that the information provided by the Government, in its latest and otherwise comprehensive and detailed report, contains no new information regarding the issues the Committee has raised on several occasions regarding the application of the present Convention. The Committee hopes that the Government’s next report will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1 of the Convention. Prohibition of the use of white lead and sulphate of lead, and of all products containing these pigments, in the internal painting of buildings. With reference to its previous comments the Committee notes that no legislative or other provision has been mentioned or supplied by the Government in its latest report as giving effect to this provision of the Convention. The Committee notes the Government’s reference to the absence of some indicated categories of works or undertakings for which the use of white lead is permitted. The Committee recalls that Article 1 contains the obligation to undertake the prohibition of using white lead and sulphate of lead, and of all products containing these pigments, in the internal painting of buildings. It notes that all references made by the Government in its reports concern certain indirect measures showing that de facto the white lead and sulphate of lead are not used. However, this provision of the Convention prescribes that a national legal or other text should provide expresis verbis for the prohibition of the use of these harmful substances. For this purpose, the member State is entrusted to give effect to the Convention with legislation or regulations. Therefore, the Committee invites the Government to introduce a new provision in order to give due effect to this Article of the Convention. The Government is requested to keep the Committee informed of any progress achieved and to supply a copy of the relevant provision adopted in this respect.

Article 7 in conjunction with Part V of the report form. Statistics as well as extracts from reports of inspection services with regard to results of technical control on painting works including lead poisoning among working painters. The Committee notes the Government’s reference to the absence of statistical information on lead poisoning among working painters. The Government is requested to supply any available data which allow it to make a general appreciation of the manner in which the Convention is applied in practice.

[The Government is asked to reply in detail to the present comments in 2011.]

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1. The Committee notes the information provided by the Government in its latest report.

2. Article 1 of the Convention. Prohibition of the use of white lead and sulphate of lead, and of all products containing these pigments, in the internal painting of buildings. With reference to its previous comments the Committee notes that no legislative or other provision has been mentioned or supplied by the Government in its latest report as giving effect to this provision of the Convention. The Committee notes the Government’s reference to the absence of some indicated categories of works or undertakings for which the use of white lead is permitted. The Committee recalls that Article 1 contains the obligation to undertake the prohibition of using white lead and sulphate of lead, and of all products containing these pigments, in the internal painting of buildings. It notes that all references made by the Government in its reports concern certain indirect measures showing that de facto the white lead and sulphate of lead are not used. However, this provision of the Convention prescribes that a national legal or other text should provide expresis verbis for the prohibition of the use of these harmful substances. For this purpose, the member State is entrusted to give effect to the Convention with legislation or regulations. Therefore, the Committee invites the Government to introduce a new provision in order to give due effect to this Article of the Convention. The Government is requested to keep the Committee informed of any progress achieved and to supply a copy of the relevant provision adopted in this respect.

3. Article 7 in conjunction with Part V of the report form. Statistics as well as extracts from reports of inspection services with regard to results of technical control on painting works including lead poisoning among working painters. The Committee notes the Government’s reference to the absence of statistical information on lead poisoning among working painters. The Government is requested to supply any available data which allow it to make a general appreciation of the manner in which the Convention is applied in practice.

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The Committee notes the information provided in the Government’s report.

The Committee notes that the Government has not provided the texts of the relevant legislation applying the Convention as the direct request of 1998 called for. The Committee notes that according to the information provided by the Government, several organizations consider that the requirements of the provisions of the Convention are fully implemented and, consequently, the use of white lead paints is strictly forbidden by the relevant orders and instructions of the managers of the enterprises. However, the Committee recalls that in accordance with Article 1 of the Convention, the obligation to undertake the prohibition of using white lead and sulphate of lead, and of all products containing these pigments, in the internal painting of buildings (with the exceptions that the Convention establishes) is on each Member of the International Labour Organization ratifying the Convention. For this purpose, the State is entrusted to give effect to the provisions of the Conventions with legislation, administrative regulations, etc. Therefore, the Committee reiterates its request of supplying copies of the relevant legislation in order to enable the Committee to examine the application of the Convention.

The Committee requests that the Government provide in its next report, in accordance with Article 7 of the Convention, statistics with regard to lead poisoning among working painters, particularly on: (a) the morbidity - by notification and certification of all cases of lead poisoning; and (b) the mortality - by a method approved by the official statistical authority in the country.

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The Committee notes the information supplied in the Government's report. In absence of the texts of the relevant legislation applying the Convention, it has not been possible for the Committee to examine the application of the Convention. The Committee accordingly would request the Government to supply with its next report copies of the relevant legislation.