Underground Work (Women) Convention, 1935 (No. 45) - Malawi (RATIFICATION: 1965)

CMNT_TITLE

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism (SRM) Tripartite Working Group, classified Convention No. 45 as an outdated instrument, and has placed an item on the agenda of the International Labour Conference in 2024 (112th Session) concerning its abrogation. The Governing Body also requested the Office to follow-up with member States currently bound by Convention No. 45 to encourage the ratification of up-to-date instruments concerning OSH, including but not limited to the Safety and Health in Mines Convention, 1995 (No. 176), and to undertake a campaign to promote the ratification of Convention No. 176. The Committee therefore encourages the Government to follow up on the Governing Body’s decision at its 334th Session (October–November 2018) approving the recommendations of the SRM Tripartite Working Group, and to consider ratifying the most up-to-date instruments in this subject area.

CMNT_TITLE

The Committee notes the information provided by the Government that the denunciation of the present Convention has been approved by the Tripartite Labour Advisory Council. Against this background the Committee recalls that Convention No. 45 will again be open to denunciation for a one-year period from 30 May 2017.

The Committee also notes the information that the Government is currently consulting with the social partners on the possible ratification of the Safety and Health in Mines Convention, 1995 (No. 176). The Committee asks the Government to keep the Office informed of any decision taken by the Government in this regard.

CMNT_TITLE

The Committee 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:

The Committee notes the Government’s report including information concerning the adoption of the Occupational Safety, Health and Welfare Act, No. 21 of 1997 (repealing the Employment of Women, Young Persons and Children Act [Cap 55:04]), the Employment Act No. 6 of 2000 and Technical, Entrepreneurial and Vocational Education and Training Act, No. 6 of 1999. The Committee notes that the Government indicates that, according to this new legislation, legislative conformity is no longer ensured and that according to current legislation women are free to work wherever they want. The Committee notes the lack of conformity between the provisions of the convention and current legislation in Malawi, but also notes the Government’s declared intention to denounce this Convention.

The Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that, with respect to underground work, the States parties to Convention No. 45 should be invited to contemplate ratifying the Safety and Health in Mines Convention, 1995 (No. 176), and possibly denouncing Convention No. 45 even though the latter instrument has not been formally revised (see GB.283/LILS/WP/PRS/1/2, paragraph 13). Contrary to the old approach based on the outright prohibition of underground work for all female workers, modern standards focus on risk assessment and risk management and provide for sufficient preventive and protective measures for mineworkers, irrespective of gender, whether employed in surface or underground sites. As the Committee has noted in its 2001 General Survey on night work of women in industry in relation to Conventions Nos 4, 41 and 89, “the question of devising measures that aim at protecting women generally because of their gender (as distinct from those aimed at protecting women’s reproductive and infant nursing roles) has always been and continues to be controversial” (paragraph 186).

In the light of the foregoing observations, and also considering that the present trend is no doubt to remove all gender-specific restrictions on underground work, the Committee invites the Government to give favourable consideration to the ratification of the Safety and Health in Mines Convention, 1995 (No. 176), which shifts the emphasis from a specific category of workers to the safety and health protection of all mineworkers, and possibly also to the denunciation of Convention No. 45.

The Committee recalls that, according to established practice, the Convention will be next open to denunciation during a one-year period from 30 May 2017 to 30 May 2018. The Committee requests the Government to keep it informed of any decision taken in this regard.

CMNT_TITLE

1. The Committee notes the Government’s report including information concerning the adoption of the Occupational Safety, Health and Welfare Act, No. 21 of 1997 (repealing the Employment of Women, Young Persons and Children Act [Cap 55:04]), the Employment Act No. 6 of 2000 and Technical, Entrepreneurial and Vocational Education and Training Act, No. 6 of 1999. The Committee notes that the Government indicates that, according to this new legislation, legislative conformity is no longer ensured and that according to current legislation women are free to work wherever they want. The Committee notes the lack of conformity between the provisions of the convention and current legislation in Malawi, but also notes the Government’s declared intention to denounce this Convention.

2. The Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that, with respect to underground work, the States parties to Convention No. 45 should be invited to contemplate ratifying the Safety and Health in Mines Convention, 1995 (No. 176), and possibly denouncing Convention No. 45 even though the latter instrument has not been formally revised (see GB.283/LILS/WP/PRS/1/2, paragraph 13). Contrary to the old approach based on the outright prohibition of underground work for all female workers, modern standards focus on risk assessment and risk management and provide for sufficient preventive and protective measures for mineworkers, irrespective of gender, whether employed in surface or underground sites. As the Committee has noted in its 2001 General Survey on night work of women in industry in relation to Conventions Nos. 4, 41 and 89, "the question of devising measures that aim at protecting women generally because of their gender (as distinct from those aimed at protecting women’s reproductive and infant nursing roles) has always been and continues to be controversial" (paragraph 186).

3. In the light of the foregoing observations, and also considering that the present trend is no doubt to remove all gender-specific restrictions on underground work, the Committee invites the Government to give favourable consideration to the ratification of the Safety and Health in Mines Convention, 1995 (No. 176), which shifts the emphasis from a specific category of workers to the safety and health protection of all mineworkers, and possibly also to the denunciation of Convention No. 45. In this respect, the Committee recalls that according to established practice, the Convention will be next open to denunciation during a one-year period from 30 May 2007 to 30 May 2008. The Committee requests the Government to keep it informed of any decision taken in this regard.