Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Articles 3 and 10 of the Convention. Periodical review of national laws and regulations adopted under Article 3, paragraph 1, in the light of technical progress and advances in scientific knowledge. Replacement of asbestos. The Committee notes that the Government, referring to Articles 3, paragraph 2, and 10, of the Convention and to a statement by the Association of Industries and Agencies for the Distribution of Fibrocement Products (Abifibro), affirms that the Ministry of Labour is working to achieve the prohibition of the use of asbestos in all its forms. The Government adds that it is not possible to endanger the life and physical integrity of human beings on the basis of any type of economic utilitarianism or the maintenance of obsolete production techniques and that, to this end, the Ministry of Labour issued a favourable opinion concerning Bill No. 2167 of 2007, which prohibits the use of asbestos in all its forms, both as a raw material and its commercialization throughout the territory of Brazil. According to the Ministry of Labour, the above Bill is praiseworthy because it gives effect to the right to life, the right of workers to the reduction of work-related risks and places safety and health above economic interests. The Government states that Act No. 9.055 of 1 June 1995 prohibits the extraction, production, industrialization, utilization and commercialization of minerals of the amphibole group, but that the use of chrysotile asbestos is still permitted, and that there is no justification for the continued authorization of chrysotile asbestos in view of the finding that all forms of asbestos, including chrysotile asbestos, are carcinogenic. The Committee, while noting the Government’s declared intention to achieve the replacement and total prohibition of asbestos, requests it to provide with its next report due in 2010 and its replies to the questions raised by the Committee in 2005, detailed information on:

(a)   the manner in which it undertakes the obligation established by Article 3(3) of the Convention (periodical review of laws and regulations in the light of technical progress and advances in scientific knowledge);

(b)   the manner in which it is ensuring in law and in practice the replacement of asbestos or the use of alternative technologies (Article 10(a) of the Convention);

(c)   the progress in achieving the total prohibition of the use of asbestos, to which the Government refers, in accordance with Article 10(b) of the Convention; and

(d)   the manner in which it secures an adequate and appropriate system of inspection, as envisaged in Article 5 of the Convention.