Night Work (Women) Convention (Revised), 1948 (No. 89) - Ghana (RATIFICATION: 1959)

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The Committee notes that the Government’s report merely reproduces the same information contained in its last report of 2008. It is therefore bound to repeat its previous request which concerned the following points.

Article 3 of the Convention. Prohibition of night work for women. Further to its previous comment in which the Committee noted that the Labour Act, 2003, no longer gives effect to the provisions of the Convention, the Committee notes the Government’s indications that the Ministry of Manpower, Youth and Employment has been advised of the Committee’s recommendations and will duly examine, in consultation with other competent authorities such as the Ministry of Women and Children’s Affairs (MOWAC), the National Labour Commission and the Commission on Human Rights and Administrative Justice (CHRAJ), the possibility of ratifying the Night Work Convention, 1990 (No. 171).

In this connection, the Committee wishes to refer to paragraphs 92–93 of its General Survey of 2001 on the night work of women in industry, in which it noted with concern the large number of member States which opted to no longer apply one of the relevant Conventions, Nos 4, 41 or 89, without however taking any concrete measures under ILO constitutional procedures with a view to formally terminating their obligations arising out of those Conventions. The Committee insists that the governments concerned should take the necessary action to remove any contradiction between international treaty obligations that might have grown outdated over time, and domestic legislation, in the interest of preserving a coherent body of international labour standards and giving full meaning to the Organization’s supervisory organs. For all useful purposes, the Committee recalls that Convention No. 89 may be denounced every ten years and will again be open to denunciation for a period of one year as from 27 February 2021. The Committee once again draws the attention of the Government to the possibility of ratifying Convention No. 171. It also requests the Government to continue to provide information on any decision taken with respect to Convention No. 89.

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The Committee notes that the Government’s report has not been received. It must therefore repeat its previous comment, which read as follows:

Repetition

Article 3 of the Convention. Prohibition of night work for women. Further to its previous comment in which the Committee noted that the Labour Act, 2003, no longer gives effect to the provisions of the Convention, the Committee notes the Government’s indications that the Ministry of Manpower, Youth and Employment has been advised of the Committee’s recommendations and will duly examine, in consultation with other competent authorities such as the Ministry of Women and Children’s Affairs (MOWAC), the National Labour Commission and the Commission on Human Rights and Administrative Justice (CHRAJ), the possibility of ratifying the Night Work Convention, 1990 (No. 171).

In this connection, the Committee wishes to refer to paragraphs 92–93 of its General Survey of 2001 on the night work of women in industry, in which it noted with concern the large number of member States which opted to no longer apply one of the relevant Conventions, Nos 4, 41 or 89, without however taking any concrete measures under ILO constitutional procedures with a view to formally terminating their obligations arising out of those Conventions. The Committee accordingly insisted that the governments concerned should take the necessary action to remove any contradiction between international treaty obligations, that might have grown outdated over time, and domestic legislation, in the interest of preserving a coherent body of international labour standards and giving full meaning to the Organization’s supervisory organs. For all useful purposes, the Committee recalls that Convention No. 89 may be denounced every ten years and will again be open to denunciation for a period of one year as from 27 February 2021. The Committee therefore once again encourages the Government to give favourable consideration to the ratification of Convention No. 171. It also requests the Government to keep the Office informed of any decision taken with respect to Convention No. 89.

CMNT_TITLE

Article 3 of the Convention. Prohibition of night work for women. Further to its previous comment in which the Committee noted that the new Labour Act, 2003 no longer gives effect to the provisions of the Convention, the Committee notes the Government’s indications that the Ministry of Manpower, Youth and Employment has been advised of the Committee’s recommendations and will duly examine, in consultation with other competent authorities such as the Ministry of Women and Children’s Affairs (MOWAC), the National Labour Commission and the Commission on Human Rights and Administrative Justice (CHRAJ), the possibility of ratifying the Night Work Convention, 1990 (No. 171).

In this connection, the Committee wishes to refer to paragraphs 92–93 of its General Survey of 2001 on the night work of women in industry, in which it noted with concern the large number of member States which opted to no longer apply one of the relevant Conventions Nos 4, 41 or 89 without however taking any concrete measures under ILO constitutional procedures with a view to formally terminating their obligations arising out of those Conventions. The Committee accordingly insisted that the governments concerned should take the necessary action to remove any contradiction between international treaty obligations, that might had grown outdated over time, and domestic legislation in the interest of preserving a coherent body of international labour standards and giving full meaning to the Organization’s supervisory organs. For all useful purposes, the Committee recalls that Convention No. 89 may be denounced every ten years and will again be open to denunciation for a period of one year as from 27 February 2011. The Committee therefore once again encourages the Government to give favourable consideration to the ratification of Convention No. 171. It also requests the Government to keep the Office informed of any decision taken with respect to Convention No. 89.

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The Committee recalls that for several years it has been drawing the Government’s attention to the inconsistencies between certain provisions of its national legislation and the requirements of the Convention, in particular as regards the possibility of suspending the prohibition of night work for women. In its reply, the Government states that measures have been taken to address the Committee’s concerns and refers to draft new labour legislation which is designed to ensure the overall conformity with the Convention. In fact, the Committee notes that the Labour Act, 2003, has in the meantime been enacted and entered into force. It also notes that the general prohibition of night work for women has now been removed and that under section 55(1)(a) of the new Labour Act it would only be prohibited to assign or employ pregnant women workers to do any night work without their consent between 10 p.m. and 7 a.m. The Committee is bound therefore to conclude that following the adoption of the new Labour Act, the Convention has for all practical purposes ceased to apply.

In this connection, the Committee wishes to refer to paragraphs 191 to 202 of the 2001 General Survey on the night work of women in industry in which it concluded that there can be no doubt that the present trend is clearly in support of lifting all restrictions on women’s night work and formulating gender-sensitive night work regulations offering safety and health protection to both men and women. It also noted that many countries are in the process of easing or eliminating legal restrictions on women’s employment during the night with the aim of improving women’s opportunities in employment and strengthening non-discrimination. The Committee recalled that member States are under an obligation to periodically review their protective legislation in the light of scientific and technological knowledge with a view to revising all gender-specific provisions and discriminatory constraints. This obligation stems from article 11(3) of the 1979 UN Convention on the Elimination of All Forms of Discrimination against Women (to which parenthetically Ghana became a party in 1986) as later reaffirmed in point 5(b) of the 1985 ILO resolution on equal opportunities and equal treatment for men and women in employment. The Committee further indicated that the Night Work Convention, 1990 (No. 171), was drafted for those countries which would be prepared to eliminate all women-specific restrictions on night work (except for those aimed at protecting women’s reproductive and infant nursing role) while seeking to improve the working and living conditions of all night workers.

Considering, therefore, that the Convention no longer applies in either law or practice, and also recalling the need for an appropriate legal framework addressing the problems and hazards of night work in general, the Committee once again invites the Government to give favourable consideration to the ratification of the Night Work Convention, 1990 (No. 171), which shifts the emphasis from a specific category of workers and sector of economic activity to the safety and health protection of night workers irrespective of gender in nearly all branches and occupations. The Committee asks the Government to keep it informed of any decision taken in this regard.

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The Committee notes that the Government’s report contains no reply to its previous comments. It must therefore repeat its previous observation, which read as follows:

In its previous comments, the Committee had noted the need to amend section 41(1a) of the Labour Decree of 1967 which, contrary to the provisions of the Convention, permits the suspension of the prohibition of women’s night work when work is interrupted by reason of a strike.

The Committee notes with regret that no progress was made in this respect. The Government reiterates in its report that the National Advisory Committee on Labour has addressed the issue and has recommended the deletion of the word "strike" in the above-cited section of the Labour Decree.

The Committee also notes the Government’s statement that the new Labour Code, which is now under consideration with a view to synchronizing the provisions of labour laws with international labour standards, is expected to reflect the suggested amendment. However, the Committee notes that according to article 78(1a) of the draft Labour Act, 2000, the general prohibition of night work for women would appear to have been lifted, except for pregnant women workers who may not be assigned to night work without their consent between 10 p.m. and 7 a.m.

The Committee hopes that the necessary measures will be adopted without further delay to ensure that the discrepancy to which the Committee has been drawing attention for 30 years is eliminated. It requests the Government to provide information in its next report on the progress achieved in this regard.

The Committee takes this opportunity to invite the Government to give favourable consideration to the ratification of either the Night Work Convention, 1990 (No. 171), or the Protocol of 1990 to Convention No. 89.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

CMNT_TITLE

The Committee notes the information supplied in the Government’s reports. In its previous comments, the Committee had noted the need to amend section 41(1a) of the Labour Decree of 1967 which, contrary to the provisions of the Convention, permits the suspension of the prohibition of women’s night work when work is interrupted by reason of a strike.

The Committee notes with regret that no progress was made in this respect. The Government reiterates in its report that the National Advisory Committee on Labour has addressed the issue and has recommended the deletion of the word "strike" in the above-cited section of the Labour Decree.

The Committee also notes the Government’s statement that the new Labour Code, which is now under consideration with a view to synchronizing the provisions of labour laws with international labour standards, is expected to reflect the suggested amendment. However, the Committee notes that according to article 78(1a) of the draft Labour Act, 2000, the general prohibition of night work for women would appear to have been lifted, except for pregnant women workers who may not be assigned to night work without their consent between 10 p.m. and 7 a.m.

The Committee hopes that the necessary measures will be adopted without further delay to ensure that the discrepancy to which the Committee has been drawing attention for 30 years is eliminated. It requests the Government to provide information in its next report on the progress achieved in this regard.

The Committee takes this opportunity to invite the Government to give favourable consideration to the ratification of either the Night Work Convention, 1990 (No. 171), or the Protocol of 1990 to Convention No. 89.

CMNT_TITLE

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

Article 4(a) of the Convention. In its previous observations, the Committee had reiterated the need to amend section 41(2)(a) of the Labour Decree of 1967 which, contrary to the Convention, permits the suspension of the prohibition of night work by women when work is interrupted by reason of a strike. The Government states, in its report, that the issue has been referred to the tripartite National Advisory Committee on Labour and it hopes that the Committee which is presently addressing other equally important issues would appropriately tackle the issue with the view of amending the offending provision of the law.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future and requests it to indicate any progress achieved in this regard.

CMNT_TITLE

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

Article 4(a) of the Convention. In its previous observations, the Committee had reiterated the need to amend section 41(2)(a) of the Labour Decree of 1967 which, contrary to the Convention, permits the suspension of the prohibition of night work by women when work is interrupted by reason of a strike. The Government states, in its report, that the issue has been referred to the tripartite National Advisory Committee on Labour and it hopes that the Committee which is presently addressing other equally important issues would appropriately tackle the issue with the view of amending the offending provision of the law.

The Committee notes this information and hopes that the Government would indicate any progress achieved in this regard.

CMNT_TITLE

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

Article 4(a) of the Convention. The Committee referred to its previous comments which it has reiterated for several years concerning the need to amend section 41(2)(a) of the Labour Decree of 1967 which, contrary to the Convention, permits the suspension of the prohibition of night work by women when work is interrupted by reason of a strike. The Committee noted that the necessary steps have still not been taken to bring the legislation into conformity with the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

CMNT_TITLE

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation:

Article 4(a) of the Convention. The Committee referred to its previous comments which it has reiterated for several years concerning the need to amend section 41(2)(a) of the Labour Decree of 1967 which, contrary to the Convention, permits the suspension of the prohibition of night work by women when work is interrupted by reason of a strike. The Committee noted that the necessary steps have still not been taken to bring the legislation into conformity with the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

CMNT_TITLE

Article 4(a) of the Convention. The Committee refers to its previous comments which it has reiterated for several years concerning the need to amend section 41(2)(a) of the Labour Decree of 1967 which, contrary to the Convention, permits the suspension of the prohibition of night work by women when work is interrupted by reason of a strike. The Committee notes that the necessary steps have still not been taken to bring the legislation into conformity with the Convention. It trusts that the Government will shortly be able to report progress in this respect.

CMNT_TITLE

Article 4(a) of the Convention. The Committee refers to its previous comments concerning the need to amend section 41(2)(a) of the Labour Decree of 1967 which, contrary to the Convention, permits the suspension of the prohibition of night work by women when work is interrupted by reason of a strike. It recalls that this question has been the subject of its comments for several years. It notes from the Government's last report that the National Advisory Committee on Labour will examine the possibility of amending the legislation in question in order to bring it into conformity with the provisions of the Convention. The Committee hopes that the necessary measures will be taken in the near future and requests the Government to report any progress accomplished in this respect.

CMNT_TITLE

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

Article 4(a) of the Convention. The Committee refers to its previous comments concerning the need to amend section 41(2)(a) of the Labour Decree of 1967 which, contrary to the Convention, permits the suspension of the prohibition of night work by women when work is interrupted by reason of a strike. It recalls that this question has been the subject of comments for several years. It hopes that the necessary measures will be adopted in the near future to ensure the conformity of the legislation with these provisions of the Convention, and requests the Government to report any progress accomplished in this respect.