Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Night Work (Women) Convention (Revised), 1948 (No. 89) - Malawi (Ratification: 1965)

Further to its previous comments the Committee notes the Government’s indication that pending the appointment of new employer and worker members, the Tripartite Labour Advisory Council (TLAC) has not been able to meet and discuss the possibility of denouncing the Night Work (Women) Convention (Revised), 1948 (No. 89), and ratifying the Night Work Convention, 1990 (No. 171). The Committee recalls that although in previous reports the Government has been announcing its intention to proceed with the denunciation of the Convention, it has not exercised the right of denunciation provided for in Article 15, paragraph 1, of the Convention during the period from 27 February 2001 to 27 February 2002 when the Convention was last open to denunciation. Therefore, in accordance with Article 15, paragraph 2, of the Convention, the Government remains bound for another period of ten years, that is until the Convention will again be open to denunciation from 27 February 2011 to 27 February 2012.

In this connection, the Government’s attention is drawn to paragraphs 191-202 of the General Survey of 2001 on the night work of women in industry, in which the Committee referring to the relevance of the ILO instruments on women’s night work concluded that there can be no doubt that the present trend is clearly in favour 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. 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 following the entry into force of the new Employment Act No. 6 of 2000, the Convention has ceased to apply 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 invites once again 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 the Office informed of any decision which might be taken, in this regard, in full consultation with its social partners.