Night Work (Women) Convention (Revised), 1948 (No. 89) - Syrian Arab Republic (Ratification: 1949)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 3 of the Convention. Prohibition of night work for women. In its previous comment, the Committee had indicated to the Government that it could seek the assistance of the Office with a view to better understanding the possibilities and implications of the 1990 Protocol to Convention No. 89 (which opens up the possibility for women to work at night under certain well-specified conditions, or the Night Work Convention, 1990 (No. 171)) (which is not devised as a gender-specific instrument but focuses on the protection of all night workers in all branches and occupations) and revising existing legislation accordingly. In this respect, the Committee takes good note of the Government’s request for ILO technical assistance in order to prepare a detailed study on the 1990 Protocol to Convention No. 89. With a view to an eventual ratification of the 1990 Protocol and/or of Convention No. 171, the Committee hopes that the Office will be able to provide the technical assistance requested when the situation in the country so permits.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 3 of the Convention. Prohibition of night work for women. In its previous comment, the Committee had indicated to the Government that it could seek the assistance of the Office with a view to better understanding the possibilities and implications of the 1990 Protocol to Convention No. 89 (which opens up the possibility for women to work at night under certain well-specified conditions, or the Night Work Convention, 1990 (No. 171)) (which is not devised as a gender-specific instrument but focuses on the protection of all night workers in all branches and occupations) and revising existing legislation accordingly. In this respect, the Committee takes good note of the Government’s request for ILO technical assistance in order to prepare a detailed study on the 1990 Protocol to Convention No. 89. With a view to an eventual ratification of the 1990 Protocol and/or of Convention No. 171, the Committee hopes that the Office will be able to provide the technical assistance requested when the situation in the country so permits.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes the general human rights situation in the country as referred to in its comments under Convention No. 105. It also notes the general human rights situation in the country as referred to in its comments under Convention No. 105. It also notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 3 of the Convention. Prohibition of night work for women. The Committee notes the Government’s indication that the question of the possible ratification of the 1990 Protocol to Convention No. 89 is scheduled to be examined by the Tripartite Committee for Consultation and Dialogue in a process that will involve all social partners and relevant bodies. In this connection, the Committee wishes to draw once more the Government’s attention to the fact that member States are increasingly required to initiate a review process of their protective legislation aiming at the gradual elimination of any provisions which would be contrary to the principle of equal treatment between men and women, except those connected with maternity protection, and with due account being taken of national circumstances. This trend reflects also the growing expectation that the same standards of protection should apply to men and women alike in accordance with the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and also the widely ratified UN Convention on the Elimination of All Forms of Discrimination Against Women. The Committee therefore hopes that the Government will give favourable consideration to the possibility of modernizing its legislation by ratifying either the 1990 Protocol to Convention No. 89, which opens up the possibility for women to work at night under certain well-specified conditions, or the Night Work Convention, 1990 (No. 171), which is not devised as a gender-specific instrument but focuses on the protection of all night workers in all branches and occupations. The Committee recalls that the Government may wish to seek the assistance of the Office with a view to better understanding the possibilities and implications of each of these two instruments and revising existing legislation accordingly. It requests the Government to keep the Office informed of any decision taken or envisaged in this regard.

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

Article 3 of the Convention. Prohibition of night work for women. The Committee notes the Government’s indication that the question of the possible ratification of the 1990 Protocol to Convention No. 89 is scheduled to be examined by the Tripartite Committee for Consultation and Dialogue in a process that will involve all social partners and relevant bodies. In this connection, the Committee wishes to draw once more the Government’s attention to the fact that member States are increasingly required to initiate a review process of their protective legislation aiming at the gradual elimination of any provisions which would be contrary to the principle of equal treatment between men and women, except those connected with maternity protection, and with due account being taken of national circumstances. This trend reflects also the growing expectation that the same standards of protection should apply to men and women alike in accordance with the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and also the widely ratified UN Convention on the Elimination of All Forms of Discrimination Against Women. The Committee therefore hopes that the Government will give favourable consideration to the possibility of modernizing its legislation by ratifying either the 1990 Protocol to Convention No. 89, which opens up the possibility for women to work at night under certain well-specified conditions, or the Night Work Convention, 1990 (No. 171), which is not devised as a gender-specific instrument but focuses on the protection of all night workers in all branches and occupations. The Committee recalls that the Government may wish to seek the assistance of the Office with a view to better understanding the possibilities and implications of each of these two instruments and revising existing legislation accordingly. It requests the Government to keep the Office informed of any decision taken or envisaged in this regard.

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

The Committee notes the information provided by the Government in its report and the attached copies of recent legislative texts relative to the employment of young persons inasmuch as they affect the application of the Convention.

The Committee takes this opportunity to refer to paragraphs 191-202 of its 2001 General Survey on the night work of women in industry, in which it observed that the present trend is no doubt to move away from a blanket prohibition against women’s night work and to give the social partners the responsibility for determining the extent of the permitted exemptions. It also noted that many countries are in the process of easing or eliminating legal restrictions on women’s employment during the night with the aim of improving women’s opportunities in employment and strengthening non-discrimination. The Committee further recalled that member States are under an obligation to review periodically their protective legislation in light of scientific and technological knowledge with a view to revising all gender-specific provisions and discriminatory constraints. This obligation stems from Article 11(3) of the 1979 United Nations Convention on the Elimination of All Forms of Discrimination against Women (to which parenthetically the Syrian Arab Republic acceded in 2003), as later reaffirmed in point 5(b) of the 1985 ILO resolution on equal opportunities and equal treatment for men and women in employment.

More concretely, the Committee considered that the Protocol of 1990 to Convention No. 89 was designed as a tool for smooth transition from outright prohibition to free access to night employment, especially for those States that wished to offer the possibility of night employment to women workers but felt that some institutional protection should remain in place to avoid exploitative practices and a sudden worsening of the social conditions of women workers. It also suggested that greater efforts should be made by the Office to help those constituents who are still bound by the provisions of Convention No. 89, and who are not yet ready to ratify the new Night Work Convention, 1990 (No. 171), to realize the advantages of modernizing their legislation in line with the provisions of the Protocol. Therefore, the Committee invites the Government to give favourable consideration to the ratification of the 1990 Protocol which affords greater flexibility in the application of the Convention while remaining focused on the protection of female workers. Finally, the Committee would be grateful to the Government for providing, in accordance with Part V of the report form, up-to-date information concerning the practical application of the Convention, including for instance extracts from reports of inspection services, statistics on the number of workers covered by relevant legislation, the application of the exceptions allowed under the provisions of the Convention, etc.