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Article 3 of the Convention. Prohibition of night work of women. Further to its previous comment, the Committee notes the Government’s statement that the Tripartite Labour Advisory Council (TLAC) was convened in May 2009 and, after considering Convention No. 89, it gave its approval for its denunciation. The Committee recalls, in this connection, that the Convention will again be open to denunciation from 27 February 2011 to 27 February 2012, and that, as per established practice, at the time of communicating the instrument of denunciation the Government will have to clearly indicate the reasons which have led to its decision. The Committee requests the Government to indicate whether the ratification of the Night Work Convention, 1990 (No. 171), has been the subject of similar tripartite consultations and whether any decision has been taken in this regard. The Committee would thank the Government for keeping the Office informed of any further developments concerning the announced denunciation of Convention No. 89 and the possible ratification of Convention No. 171.

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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 observations of the Malawi Congress of Trade Unions (MCTU), which were received on 5 April 2005 and forwarded to the Government on 29 April 2005, regarding the application of the Convention. It also notes the Government’s response to these observations dated 16 September 2005.

Referring to the Government’s earlier statement that the Tripartite Labour Advisory Council (TLAC) would be appointed as soon as employers’ and workers’ representatives were nominated by the respective organizations, the MCTU states that the reasons advanced by the Government are unfounded since names from both workers’ and employers’ organizations have actually been submitted but no meeting of the TLAC has as yet been convened to discuss the possible ratification of the Night Work Convention, 1990 (No. 171). In addition, the MCTU recalls that it has been drawing attention to the working conditions of women performing night work at the Nation Newspapers and criticizes the Government’s unwillingness to take appropriate action in this regard.

In its reply, the Government states that convening the TLAC was delayed because of the incapacity of the workers’ and employers’ organizations to nominate their representatives due to internal problems. It also indicates that many consultative meetings, mostly at the invitation of the Government, have been held and that experience has shown that, in Malawi, the most effective decisions acceptable to all the social partners have been reached in ad hoc tripartite meetings. The Government adds that the TLAC finally met for the first time in January 2005. As regards the working conditions of female employees at the Nation Newspapers, the Government reports that the situation has been resolved after a labour inspection was carried out and appropriate measures were taken by the enterprise with respect to the occupational safety and health of female employees.

While noting the Government’s explanations, the Committee requests the Government to provide full particulars on any discussions held with the social partners on matters related to this Convention, both within the TLAC or in ad hoc tripartite meetings, and on any decisions taken with regard to the possible denunciation of Convention No. 89 and/or the ratification of Convention No. 171.

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The Committee notes the observations of the Malawi Congress of Trade Unions (MCTU), which were received on 5 April 2005 and forwarded to the Government on 29 April 2005, regarding the application of the Convention. It also notes the Government’s response to these observations dated 16 September 2005.

Referring to the Government’s earlier statement that the Tripartite Labour Advisory Council (TLAC) would be appointed as soon as employers’ and workers’ representatives were nominated by the respective organizations, the MCTU states that the reasons advanced by the Government are unfounded since names from both workers’ and employers’ organizations have actually been submitted but no meeting of the TLAC has as yet been convened to discuss the possible ratification of the Night Work Convention, 1990 (No. 171). In addition, the MCTU recalls that it has been drawing attention to the working conditions of women performing night work at the Nation Newspapers and criticizes the Government’s unwillingness to take appropriate action in this regard.

In its reply, the Government states that convening the TLAC was delayed because of the incapacity of the workers’ and employers’ organizations to nominate their representatives due to internal problems. It also indicates that many consultative meetings, mostly at the invitation of the Government, have been held and that experience has shown that, in Malawi, the most effective decisions acceptable to all the social partners have been reached in ad hoc tripartite meetings. The Government adds that the TLAC finally met for the first time in January 2005. As regards the working conditions of female employees at the Nation Newspapers, the Government reports that the situation has been resolved after a labour inspection was carried out and appropriate measures were taken by the enterprise with respect to the occupational safety and health of female employees.

While noting the Government’s explanations, the Committee requests the Government to provide full particulars on any discussions held with the social partners on matters related to this Convention, both within the TLAC or in ad hoc tripartite meetings, and on any decisions taken with regard to the possible denunciation of Convention No. 89 and/or the ratification of Convention No. 171.

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Further to its previous comments the Committee notes the Government’s indication that pending the appointment of new employer and worker members, the Tripartite Labour Advisory Council (TLAC) has not been able to meet and discuss the possibility of denouncing the Night Work (Women) Convention (Revised), 1948 (No. 89), and ratifying the Night Work Convention, 1990 (No. 171). The Committee recalls that although in previous reports the Government has been announcing its intention to proceed with the denunciation of 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 191-202 of the General Survey of 2001 on the night work of women in industry, in which the Committee referring to the relevance of the ILO instruments on women’s night work concluded that there can be no doubt that the present trend is clearly in favour 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 following the entry into force of the new Employment Act No. 6 of 2000, 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 the Office informed of any decision which might be taken, in this regard, in full consultation with its social partners.

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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.

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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.

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The Committee notes the information supplied by the Government in its report.

The Committee notes that under the Employment Bill which was scheduled to be tabled in Parliament in March 2000, the prohibition on women’s employment during the night is intended to be removed and the Employment of Women, Young Persons and Children Act (Cap. 55:04) containing such prohibition repealed. The Committee cannot but note that once the above Bill is enacted the Convention will  cease to apply.

The Committee recalls, in this respect, that the Government remains fully bound by the provisions of the Convention until a formal act of denunciation takes effect in accordance with Article 15(1) of the Convention. The Committee requests the Government to keep it informed of any decisions taken in this matter.

The Committee takes this opportunity to invite the Government to give favourable consideration to the ratification of either the Night Work Convention, 1990 (No. 171) or the Protocol of 1990 to Convention No. 89.