Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Night Work (Women) Convention (Revised), 1948 (No. 89) - Malawi (Ratification: 1965)

The Committee notes with regret 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 that, under the new Employment Act No. 6 of 2000 which came into effect on 1 September 2000, the prohibition of night work for women is abolished and the Employment of Women, Young Persons and Children Act (Cap. 55:04) is repealed. The Committee is obliged to note, therefore, that the national legislation no longer gives effect to the provisions of the Convention. The Committee also notes the Government’s indication that the Tripartite Labour Advisory Council will meet to discuss the possibility of denouncing the Convention once its new members have been appointed by the Minister. In this connection, the Committee ventures to draw the Government’s attention to the fact that the Convention is currently open to denunciation for a period of one year (27 February 2001 to 27 February 2002) and that should the Government fail to exercise its right of denunciation within that period, it would be bound for another period of ten years in accordance with Article 15, paragraph 2, of the Convention. The Committee requests the Government to keep it informed of any decisions taken in this matter.

Further to its previous comment, the Committee again expresses the hope that the Government will give favourable consideration to the ratification of the Night Work Convention, 1990 (No. 171), in the very near future and recalls that ILO technical assistance is available in this regard should the Government so desire.