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Article 3 of the Convention. Prohibition of night work for women. Further to its previous comment, the Committee once again refers to the growing trend towards the progressive relaxation or outright elimination of legal restrictions on women’s employment during the night with the aim of improving women’s opportunities in employment and promoting gender equality. Equally important is the general trend to regulate night work for both men and women alike focusing on the safety and health protection of night workers rather than on gender-specific considerations. The Committee therefore invites the Government to favourably consider the possibility of ratifying either the 1990 Protocol to Convention No. 89, which offers greater flexibility by allowing exemptions from the prohibition of night work and variations in the duration of the night period through agreements between the employers and workers, or the Night Work Convention, 1990 (No. 171), which shifts the emphasis from a specific category of workers and sector of economic activity to the protection of night workers, irrespective of gender, in all branches and occupations. The Committee recalls that the Government may wish to draw upon the expert advice and technical assistance of the International Labour Office for the purpose of revising and adapting existing legislation. It requests the Government to keep the Office informed of any decision taken or envisaged in this respect.

In addition, the Committee notes the comments made by the National Confederation of Senegalese Workers (CNTS), dated 1 September 2008, which drew attention to the absence of any statistical information concerning the actual practice of women’s employment during the night and called upon the Government to take appropriate action to this direction. The Committee requests the Government to provide any comments it may wish to make in reply to the observations of CNTS.