Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

Night Work (Women) Convention (Revised), 1948 (No. 89) - Panama (Ratification: 1970)

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

Following-up on its previous comments, the Committee notes with regret that the Government has never given effect to the provisions of the Convention since its ratification in 1970. The Committee also notes that Decree No. 252 of 30 December 1971 establishing the Labour Code contains no provision prohibiting night work for women in industrial undertakings with the exception of article 116 which provides that pregnant workers may not be employed between 6 p.m. and 6 a.m., and article 120(1) which prohibits young persons under 18 years from working from 6 p.m. to 8 a.m.

In addition, the Committee notes from the Government’s reports that the Supreme Court of Panama in its judgment of 29 April 1994 had found article 104 of the Labour Code prohibiting women’s employment in underground work to be unconstitutional, considering that the protection intent reflected in that provision was contrary to the principles of equality and non-discrimination in employment as endorsed in articles 19 and 20 of the Constitution.

The Committee recalls that the Government remains fully bound by the provisions of the Convention until such time a formal act of denunciation takes effect in accordance with Article 15(1) of the Convention. This implies that as long as the Government does not proceed to denounce the Convention, it has the obligation to take the necessary measures to eliminate the incongruity between the national legislation and international commitments made on account of the acceptance of the Convention. The Committee requests the Government to keep it informed of any decisions taken in this matter.

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