Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Night Work (Women) Convention (Revised), 1948 (No. 89) - South Africa (Ratification: 1950)

Article 15(2) of the Convention. Denunciation. The Committee notes that the Government has removed all  legal restrictions on the employment of women during the night but has not yet taken any steps with a view to terminating its obligations under Convention No. 89, which under the circumstances is manifestly without object. In this regard, 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 notes the Government’s statement that it is in the process of considering legislative amendments and that in this context will also consider options with regard to the Night Work Convention, 1990 (No. 171). The Committee seizes this opportunity to stress that Convention No. 171 lays down up-to-date standards with respect to the safety and health protection of night workers irrespective of gender in all branches and occupations. At the same time, the Committee would caution against the risk of a complete deregulation of night work through the removal of all protective measures for women and the failure to replace them with a legislation offering appropriate protection to all night workers. The Committee therefore hopes that the Government will take the necessary action in a timely manner, both as regards the denunciation of Convention No. 89 and the eventual ratification of Convention No. 171, and requests it to keep the Office informed of any decision taken or envisaged in this regard.