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

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

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take the necessary action to remove any contradiction between international treaty obligations, that might had grown outdated over time, and domestic legislation in the interest of preserving a coherent body of international labour standards and giving full meaning to the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.