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Article 3 of the Convention. Prohibition of night work of women. The Committee notes the Government’s statement that mistakenly no use was made of the right to denounce the Convention in the period from 27 February 2001 to 27 February 2002 and that it intends to proceed with denunciation on the next possible occasion. The Government reaffirms that the provisions of the Convention are obsolete in the light of socio-economic changes and women’s increased participation in the labour market. It adds that the continued application of the Convention would be in contradiction with the Government’s clear policy in favour of equality of opportunity and treatment and would prejudice women’s access to employment. With respect to the possible ratification of the Night Work Convention, 1990 (No. 171), the Committee notes the Government’s indication that the Ministry of Social Development (MIDES) and the Ministry of Labour and Labour Development (MITRADEL) have been favourable to the formal acceptance of this Convention considering that it would help to improve the conditions of female workers and fully integrate women to the process of the political, economic and social development of the country. However, it has not so far been made possible to hold consultations with employers’ and workers’ organizations on this question, the current administration being focused on other priorities, such as the revision of the social security legislation, the necessary measures for the implementation of the ratified Maritime Labour Convention and the establishment of the National Commission on Decent Work. The Committee requests the Government to keep the Office informed of any further developments concerning the denunciation of Convention No. 89 and the eventual ratification of Convention No. 171.

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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.

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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 2001 General Survey 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 either law or 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 it informed of any decision taken in this regard.

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The Committee notes the information provided in the Government’s reports.

Following-up on its previous comments, the Committee notes with regret that the Government has never given effect to the provisions of the Convention since its ratification in 1970. The Committee also notes that Decree No. 252 of 30 December 1971 establishing the Labour Code contains no provision prohibiting night work for women in industrial undertakings with the exception of article 116 which provides that pregnant workers may not be employed between 6 p.m. and 6 a.m., and article 120(1) which prohibits young persons under 18 years from working from 6 p.m. to 8 a.m.

In addition, the Committee notes from the Government’s reports that the Supreme Court of Panama in its judgment of 29 April 1994 had found article 104 of the Labour Code prohibiting women’s employment in underground work to be unconstitutional, considering that the protection intent reflected in that provision was contrary to the principles of equality and non-discrimination in employment as endorsed in articles 19 and 20 of the Constitution.

The Committee recalls that the Government remains fully bound by the provisions of the Convention until such time a formal act of denunciation takes effect in accordance with Article 15(1) of the Convention. This implies that as long as the Government does not proceed to denounce the Convention, it has the obligation to take the necessary measures to eliminate the incongruity between the national legislation and international commitments made on account of the acceptance of the Convention. The Committee requests the Government to keep it informed of any decisions taken in this matter.

The Committee takes the opportunity to invite the Government to give favourable consideration to the ratification of the Night Work Convention, 1990 (No. 171).

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

The Committee noted that the Government states once again that it is examining the possibility of denouncing the Convention for economic and social reasons. It noted the Government's statement in its report that, in view of the other priorities in social affairs, consultations with the organizations of employers and workers on this matter have not yet taken place. The Committee recalls that, since the ratification of the instrument in 1970, the Government has not indicated in its reports that any measure has been taken or is envisaged to bring the law or practice into conformity with the Convention in respect of prohibiting the night work of women employed in industry. The Committee requests the Government to indicate the measures which have been taken to bring national law and practice into conformity with the international commitments which have been undertaken.

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

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The Committee notes that the Government states once again that it is examining the possibility of denouncing the Convention for economic and social reasons. It notes the Government's statement in its report that, in view of the other priorities in social affairs, consultations with the organizations of employers and workers on this matter have not yet taken place.

The Committee recalls that, since the ratification of the instrument in 1970, the Government has not indicated in its reports that any measure has been taken or is envisaged to bring the law or practice into conformity with the Convention in respect of prohibiting the night work of women employed in industry.

The Committee requests the Government to indicate the measures which have been taken to bring national law and practice into conformity with the international commitments which have been undertaken.

[The Government is asked to report in detail for the period ending 30 June 1994.]

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Further to its previous comments, the Committee has noted that, according to the Government's latest report, the Ministry of Labour and Social Welfare was studying the possibility of denouncing the Convention for the economic and social reasons previously mentioned. The Committee also noted with interest that the denunciation can only be effected with the consent of the employers' and workers' organisations, failing which the Government would seek other alternatives. The Committee requests the Government to notify it of further developments in this respect.