Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Night Work (Women) Convention (Revised), 1948 (No. 89) - Bosnia and Herzegovina (Ratification: 1993)

Article 3 of the Convention. Prohibition of night work for women. Further to its previous comment in which the Committee observed that effect was no longer given to the Convention in either law or practice in the Federation of Bosnia and Herzegovina as well as in the Republika Srpska, the Committee notes the Government’s statement that it intends to consider the possibility of ratifying the Night Work Convention, 1990 (No. 171).

In this regard, the Committee wishes to refer to paragraph 93 of its General Survey of 2001 on the night work of women in industry in which it firmly encouraged those governments which opted to no longer apply one of the relevant night work Conventions Nos 4, 41 or 89 for reasons of gender equality and non-discrimination in employment to take concrete measures under ILO constitutional procedures with a view to formally terminating their obligations arising out of those Conventions. While recognizing that certain international treaty obligations might have grown outdated over time, the Committee considered that any contradiction between those obligations and domestic legislation should be properly removed in the interest of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, therefore, 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 once again invites the Government to give favourable consideration to the ratification of Convention No. 171 and to keep the Office informed of any decision taken with respect to Convention No. 89.