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Article 2 of the Convention. Prohibition on the underground employment of persons under a specified minimum age. The Committee notes the adoption on 19 November 2021 of Act No. 22/2021 issuing the Labour Code. It notes the Government’s indication in its report that, under section 214 of the Labour Code, work performed underground or in confined spaces is prohibited for children and young persons under 16 years of age, in accordance with Article 2 of the Convention.

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Articles 4(4)(a) and (b) and 5 of the Convention. Records of persons who are employed or work underground. The Committee notes the Government’s indication, in its report, that under section 295 of the Labour Code, the employer must keep a constantly up-to-date record at the workplace containing a complete list of the workers which must be kept available for the labour inspectorate. The information which it must contain is fixed by regulation. The Committee notes that section 295 of the Labour Code does not specify that the records must also be made available to workers’ representatives, at their request. The Government indicates that a committee drafting the implementing regulations for the new Labour Code is updating General Order No. 3018 of 29 September 1953 establishing the model for employers’ records. The Committee requests the Government to take the necessary steps to require that lists established in accordance with Article 4(5) shall be made available to workers’ representatives, at their request. It also requests the Government to ensure that these lists indicate in particular the date of birth of all workers under 21 years of age and the date on which persons were employed or worked underground for the enterprise for the first time.
The Committee is raising other matters in a request addressed directly to the Government.

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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 4(4)(b) of the Convention. Records of persons who are employed or work underground. In its previous comments, the Committee noted that General Order No. 3018 of 29 September 1953 establishes the model for employers’ records. It noted that, although section 2 of the Order requires that employers’ records must specify the date of entry of workers in to the establishment and their age, the requirements of Article 4(4)(b) of the Convention are not all met.
The Committee notes the Government’s indication in its report that it has not taken any measures to amend General Order No. 3018, but that it will keep the Committee informed of any changes made or envisaged in this connection.The Committee is therefore bound, once again, to request that the Government take the necessary measures to bring General Order No. 3018 into compliance with the requirements of Article 4(4)(b) of the Convention by providing that lists of persons under 21 years of age who are employed or work underground shall be made available to workers’ representatives, and that the lists shall indicate the date of birth of such persons.

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Article 4(4)(b) of the Convention. Records of persons who are employed or work underground. In its previous comments, the Committee noted that General Order No. 3018 of 29 September 1953 establishes the model for employers’ records. It noted that, although section 2 of the Order requires that employers’ records must specify the date of entry of workers in to the establishment and their age, the requirements of Article 4(4)(b) of the Convention are not all met.
The Committee notes the Government’s indication in its report that it has not taken any measures to amend General Order No. 3018, but that it will keep the Committee informed of any changes made or envisaged in this connection. The Committee is therefore bound, once again, to request that the Government take the necessary measures to bring General Order No. 3018 into compliance with the requirements of Article 4(4)(b) of the Convention by providing that lists of persons under 21 years of age who are employed or work underground shall be made available to workers’ representatives, and that the lists shall indicate the date of birth of such persons.

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Article 4(4)(b) and (5) of the Convention. Records of persons who are employed or work underground. Further to its previous comments, the Committee notes General Order No. 3018 of 29 September 1953 establishing the model for the employer’s register. It observes that, although section 2 of the Order requires the employer’s register to specify the date of entry into the establishment, and the age of the worker, the requirements of Article 4(4)(b) and 5, of the Convention are not all met. The Committee therefore requests the Government to take the necessary measures to bring General Order No. 3018 into conformity with the requirements of Article 4(4)(b) and (5) of the Convention, by providing that the lists of the persons under 21 years of age who are employed or work underground shall be made available to workers’ representatives, and that such lists shall contain the dates of birth of such persons.

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Article 2(1) of the Convention. Minimum age. With reference to its previous comments, the Committee notes that Gabon ratified the Minimum Age Convention, 1973 (No. 138), on 25 October 2010 and set a minimum age for admission to employment or work of 16 years, or an age that is lower than the one specified in the Convention for any types of employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons. The Committee however notes with satisfaction that, under the terms of section 177 of the Labour Code, as amended by Ordinance No. 018/PR/2010 of 25 February 2010, the types of work considered to be the worst forms of child labour, including work performed underground or in confined spaces, are prohibited for children and young persons under 18 years of age. The Committee accordingly draws the Government’s attention to the fact that a formal declaration specifying the application of Article 3 of Convention No. 138 to underground work would result in the immediate denunciation of the present Convention. In view of the above, the Committee encourages the Government to envisage the possibility of communicating a declaration specifying that Article 3 of Convention No. 138 applies to underground work, thereby resulting in the denunciation of the present Convention.
The Committee is raising other points in a request addressed directly to the Government.

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The Committee notes the Government’s report, but regrets to note that, despite its repeated requests over the last 30 years, the Government has still not taken legislative steps to give effect to certain provisions of the Convention. It asks the Government to ensure it takes the necessary steps in the near future.

Article 2, paragraph 1, of the Convention. Minimum age. In its previous comments, the Committee asked the Government to indicate the measures adopted to amend section 2(5) of Decree No. 275 of 5 December 1962 so as to prohibit the employment of young persons under the age of 18 years not only in extraction and earthworks, but also in all underground employment or work in mines and quarries. The Committee once again notes the Government’s information according to which the only underground mining concern in Gabon has ceased activities. Nevertheless, the Committee wishes to remind the Government that, under Article 1, paragraph 2, the provisions of the Convention concerning employment or work underground in mines include employment or work underground in quarries. The Committee urges the Government to take the necessary steps to ensure that the minimum age for employment which, according to the Government, was 18 years when it ratified the Convention, applies to all employment or work underground, both in mines and quarries.

Article 4, paragraphs 4(b) and 5. Records of persons who are employed or work underground. In its previous comments, the Committee asked the Government to provide a copy of the order of the Minister of Labour determining the model for employer’s records and to provide a copy of such records, and to indicate the measures taken to ensure that the lists established in accordance with Article 4, paragraph 5, of the Convention are made available to workers’ representatives, at their request, and to provide a copy of a model of such lists. The Committee notes the information provided by the Government according to which General Order No. 3018 of 29 September 1953 establishes the model for employers’ records and that, at present, no law or regulation requires the information in these records to be made available to workers’ representatives. The Committee once again asks the Government to provide a copy of General Order No. 3018 of 29 September 1953 establishing the model for employers’ records. It also asks the Government to take the necessary steps to bring national legislation into line with Article 4, paragraph 5, of the Convention, and to ensure that employers shall make available to the workers’ representatives, at their request, lists of the persons who are employed or work underground and who are less than two years older than the specified minimum age; such lists shall contain the dates of birth of such persons and the dates on which they were employed or worked underground in the undertaking for the first time.

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The Committee notes the Government’s report. It recalls that for many years it has been drawing the Government’s attention to the need to bring the national legislation into line with the Convention on the following points.

Article 2, paragraph 1, of the Convention. In its previous comments, the Committee requested the Government to indicate the measures adopted to amend section 2(5) of Decree No. 275 of 5 December 1962 so as to prohibit the employment of young persons under the age of 18 years not only in extraction and earthworks, but also in all underground employment or work in mines and quarries. The Committee notes the information provided by the Government in its report according to which section 177 of the Labour Code prohibits the employment of young persons in any enterprise before the age of 16 years and that no draft text to revise this age is envisaged. The Committee also notes, according to the Government’s report, that the only underground mining concern in Gabon has ceased activities. The Committee recalls that when ratifying the Convention Gabon specified a minimum age of 18 years and that the Convention covers all underground work or employment. The Committee therefore once again requests the Government to take measures to ensure that the minimum age for admission to employment in underground work corresponds to the minimum age specified (18 years in Gabon) and to provide information on these measures.

Article 4, paragraphs 4(b) and 5. The Committee had previously requested the Government to indicate the measures taken to require employers to keep records indicating the date on which young persons where employed or worked underground for the first time in the enterprise, and to make these records available to labour inspectors and to workers’ representatives. The Committee notes the information provided in the Government’s report to the effect that section 257 of the Labour Code requires every employer to keep a register called an "employer’s register" containing the information envisaged by the Convention. The Committee notes, according to the Government’s report, that labour inspectors review the staff of the enterprise through this register, which records the age, nationality and sex of workers. The Government’s report does not contain any indication on these registers being made available to workers’ representatives who request them. The Committee notes that in practice the requirement that the employer’s register must, for each person employed or working underground, indicate the date on which the person was employed or worked underground in the enterprise for the first time, is not set out explicitly in section 257 of the Labour Code. The Committee also notes that the model of the register shall be determined by order of the minister responsible for labour after consulting the Labour Advisory Commission. It requests the Government to provide a copy of the order of the Minister of Labour determining the model of the employer’s register and to provide a copy of the register. The Committee once again requests the Government to indicate the measures taken to require that the lists established in accordance with Article 4, paragraph 5, of the Convention shall be made available to workers’ representatives, at their request, and to provide a copy of a model of such lists.

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For many years, the Committee has been drawing the Government's attention to the need to bring the national legislation into line with the Convention on the following points.

Article 2, paragraph 1, of the Convention. The Committee asks the Government to indicate the measures taken to amend section 2(5) of Decree No. 275 of 5 December 1962, so as to prohibit the employment of young people under the age of 18 not only in extraction and earthwork, but in all underground employment or work in mines and quarries.

Article 4, paragraphs 4(b) and 5. The Committee asks the Government to indicate the measures that have been taken to require employers to keep records indicating the date at which young people between 18 and 20 years of age were employed or worked underground in the undertaking for the first time and to make these records available to labour inspectors and to workers' representatives who request them.

The Committee notes that the new Labour Code was promulgated by Act No. 3/94 of 21 November 1994. It also notes the Government's statement in its report that the Committee's comments on these points will be taken into account in the revision of the implementing texts of the new Code, currently under way. The Committee hopes that the necessary measures will be taken in the very near future to give effect to these provisions of the Convention. It asks the Government to provide information on all progress made in this respect.

In addition, the Committee notes the information supplied on the application of the Convention in the only underground mine and asks the Government to continue to include this type of information in its report.

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Article 2, paragraph 1, of the Convention. In the comments it has been making since 1973, the Committee has drawn the Government's attention to the need to amend section 2(5) of Decree No. 275 of 5 December 1962, so as to prohibit the employment of young people under the age of 18 not only in extraction and earth work, but in all underground employment or work in mines and quarries. The Government considers that Decree No. 275 is in keeping with the spirit of the Convention, but it nonetheless indicates in its report that the comments of the Committee of Experts will be examined when all implementing regulations are reviewed following the adoption of the new Labour Code. The Committee hopes that when the review takes place, measures will be adopted to bring the legislation into harmony with the Convention on this point.

Article 4, paragraphs 4(b) and 5. With reference to its previous comments, the Committee notes from the Government's report that the requirements of the Convention on this point will be met by the new Labour Code. It hopes that the measures contemplated will provide for registers to be kept by employers indicating the date on which young people between 18 and 20 years of age were employed or worked underground for the first time in the enterprise, and for these registers to be made available to labour inspectors and workers' representatives when the latter so request.

The Committee requests the Government to supply information on the practical application of the Convention, stating the number of inspection visits carried out and the number and nature of the violations recorded.

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The Committee notes the information supplied by the Government in response to its previous direct request.

Article 2, paragraph 1, of the Convention. In its previous comments, the Committee pointed out that section 2, paragraph 5, of the Decree No. 275 of 5 December 1962, which only forbids the employment of young persons of less than 18 years of age in extraction and earthwork in mines and quarries, does not suffice to give full effect to the Convention which forbids young persons under a specified minimum wage from being employed in all underground work in mines. The Government states that the above-mentioned provision goes beyond the Convention since it applies not only to underground mines but also to open mines and as a result it cannot be contrary to the Convention. The Committee observes that in authorising the employment of young persons of less than 18 years of age underground in mines for work other than that of extraction or earthwork, the national legislation ensures them less protection than the Convention, the purpose of which is to prohibit all presence of young persons for reason of employment, underground in mines. The protection which the national legislation now grants to young persons would not be reduced if the legislation prohibited all other work undertaken underground in addition to that of extraction and earthwork in all mines or quarries. The Committee hopes that the next report will contain the measures taken or envisaged in this respect.

Article 4, paragraphs 4(b) and 5. The Committee notes with interest that in the draft revision of the Labour Code, the possibility of including provisions giving effect to these paragraphs will be examined. It hopes that the next report will indicate the progress achieved in this respect. It again requests the Government to supply copies of the employers' records and lists which are kept in practice.

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