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

Night Work (Women) Convention (Revised), 1948 (No. 89) - Panama (Ratification: 1970)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Further to its previous comments concerning the Government’s persistent failure to give effect to the provisions of the Convention, the Committee notes that the Government reiterates its intention to denounce the Convention considering that this instrument not only stands as an obstacle to the realization of the principle of equality of opportunity and treatment but is also prejudicial to the prospects of women workers for employment and advancement. The Committee recalls that although the Government has been reporting for some time past that it is examining the possibility of denouncing the Convention, it has not exercised the right of denunciation provided for in Article 15, paragraph 1, of the Convention during the period from 27 February 2001 to 27 February 2002 when the Convention was last open to denunciation. Therefore, in accordance with Article 15, paragraph 2, of the Convention, the Government remains bound for another period of ten years, that is until the Convention will again be open to denunciation from 27 February 2011 to 27 February 2012. 

In this connection, the Government’s attention is drawn to paragraphs 191 to 202 of the General Survey of 2001 on the night work of women in industry in which the Committee, referring to the continued relevance of the ILO instruments on women’s night work, concluded that there can be no doubt that the present trend is clearly in support of lifting all restrictions on women’s night work and formulating gender-sensitive night work regulations offering safety and health protection to both men and women. The Committee further indicated that the Night Work Convention, 1990 (No. 171), was drafted for those countries which would be prepared to eliminate all women-specific restrictions on night work (except for those aimed at protecting women’s reproductive and infant nursing role) while seeking to improve the working and living conditions of all night workers.

Considering, therefore, that the Convention has ceased to apply in both law and practice, and also recalling the need for an appropriate legal framework addressing the problems and hazards of night work in general, the Committee invites once again the Government to give favourable consideration to the ratification of 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 night workers irrespective of gender in nearly all branches and occupations. The Committee asks the Government to keep the Office informed of any decision taken in this regard.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.