Observation (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Convention (n° 89) sur le travail de nuit (femmes) (révisée), 1948 - Djibouti (Ratification: 1978)

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 Code of 2006 gives no longer effect to the provisions of the Convention, the Committee notes the Government’s explanations that night work is rather rare, almost non-existent, due to the low level of industrialization and that Convention No. 89 is one of those ratified Conventions which remain practically without object in everyday life. The Government adds that, even though since independence the participation of women in the workforce has been constantly on the increase, especially in the education and health sectors and central administration, the employment of women during the night is a phenomenon generally unknown to the public that the Government has not considered it useful to regulate. The Government indicates, however, that it intends to examine measures to ensure compliance with the requirements of the Convention in the framework of the National Council of Labour, Employment and Vocational Training when it meets next.

While noting these explanations and fully understanding the Government’s decision to eliminate all gender-specific restrictions on night work, the Committee once again draws attention to 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 all night workers. Under the circumstances, the Committee considers that the Government should consult the National Council of Labour, Employment and Vocational Training on the possible ratification of Convention No. 171, which would offer appropriate protection to all night workers irrespective of gender and occupation, rather than on the reintroduction of women-specific restrictions in conformity with Convention No. 89.

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 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.