Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

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

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.