Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2022, published 111st ILC session (2023)

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

Article 3 of the Convention. General prohibition of night work for women. While noting the Government’s reference to Ministerial Order No.16/MTLS/DEGRE of 27 May 1969 on employment of women, which continues to give full effect to the requirements of the Convention, the Committee wishes to draw the Government’s attention to the fact that general protective measures for female workers, such as blanket prohibitions or restrictions – as contrasted to special measures aimed at protecting women’s reproductive and maternal capacity – are increasingly subjected to extensive criticism as obsolete and unnecessary infringements of the fundamental principle of equality of opportunity and treatment between men and women. The Committee is fully aware, however, that as a long-term goal, the full application of the principle of non-discrimination will only be attained progressively through appropriate legal reforms and varying periods of adaptation, depending on the stage of economic and social development or the influence of cultural traditions in a given society. It is in this sense that the Committee considered in paragraph 169 of its General Survey of 2001 on the night work of women in industry that “the protections afforded by Convention No. 89 and its Protocol should be available to those women who need them, but they should not be used as a basis for denying all women equal opportunity in the labour market”. It went on to conclude in paragraph 201 that “Convention No. 89, as revised by the 1990 Protocol, retains its relevance for some countries as a means of protecting those women who need protection from the harmful effects and risks of night work in certain industries, while acknowledging the need for flexible and consensual solutions to specific problems and for consistency with modern thinking and principles on maternity protection”. In light of these observations, the Committee invites the Government in consultation with the social partners, and in particular with women workers, to consider the possibility of modernizing its legislation by ratifying either the 1990 Protocol to Convention No. 89, which opens up the possibility for women to work at night under certain well-specified conditions, or the Night Work Convention, 1990 (No. 171), which applies to all night workers in all branches and occupations. The Committee recalls that the Government may wish to seek the assistance of the Office with a view to better understanding the possibilities and implications of each of these two instruments and revising existing legislation accordingly. It requests the Government to keep the Office informed of any decision taken or envisaged in this regard.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s report which indicates that the national legislation giving effect to the provisions of the Convention remains unchanged and that the Convention continues to be implemented in a satisfactory manner.

The Committee takes this opportunity to refer to paragraphs 191-202 of its 2001 General Survey on the night work of women in industry, in which it observed that the present trend is no doubt to move away from a blanket prohibition against women’s night work and to give the social partners the responsibility for determining the extent of the permitted exemptions. It also noted that many countries are in the process of easing or eliminating legal restrictions on women’s employment during the night with the aim of improving women’s opportunities in employment and strengthening non-discrimination. The Committee further recalled that member States are under an obligation to review periodically their protective legislation in light of scientific and technological knowledge with a view to revising all gender-specific provisions and discriminatory constraints.  This obligation stems from Article 11(3) of the 1979 United Nations Convention on the Elimination of All Forms of Discrimination against Women (to which parenthetically Cameroon acceded in 1994), as later reaffirmed in point 5(b) of the 1985 ILO resolution on equal opportunities and equal treatment for men and women in employment.

More concretely, the Committee considered that the Protocol of 1990 to Convention No. 89 was designed as a tool for smooth transition from outright prohibition to free access to night employment, especially for those States that wished to offer the possibility of night employment to women workers but felt that some institutional protection should remain in place to avoid exploitative practices and a sudden worsening of the social conditions of women workers. It also suggested that greater efforts should be made by the Office to help those constituents who are still bound by the provisions of Convention No. 89, and who are not yet ready to ratify the new Night Work Convention, 1990 (No. 171), to realize the advantages of modernizing their legislation in line with the provisions of the Protocol. Therefore, the Committee invites the Government to give favourable consideration to the ratification of the 1990 Protocol which affords greater flexibility in the application of the Convention while remaining focused on the protection of female workers. Finally, the Committee would be grateful to the Government for providing, in accordance with Part V of the report form, up-to-date information concerning the practical application of the Convention, including for instance extracts from reports of inspection services, statistics on the number of workers covered by relevant legislation, the application of the exceptions allowed under the provisions of the Convention, etc.

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

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:

Article 8 of the Convention. The Committee notes that under section 82(3)(b) of the Labour Code, Act No. 92/007 of 14 August 1992, the prohibition of night work for women does not apply to women working in services not involving manual work. The Committee recalls, in this connection, that the Convention only allows for the exemption of women employed in health and welfare services who are not ordinarily engaged in manual work. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure that the authorized exemptions from the prohibition of women’s night work are limited to the forms of employment set out in this Article of the Convention.

Part V of the report form. The Committee would be grateful if the Government could supply in its next report all available information on the practical application of the Convention, including, for instance, extracts from official reports, statistics from inspection services providing data on the number of workers covered by the legislation, on the number and nature of contraventions reported or on the application of the exceptions under Article 4, as well as information on any practical difficulties encountered in the application of the Convention and any other particulars bearing on the practical implementation of the requirements prescribed by the Convention. The Committee wishes to stress the importance of the facts and data communicated under Part V of the report form and to recall that this is the main channel through which the Committee obtains official information enabling it to follow the evolution of national laws and practice in matters covered by the Convention.

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.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information contained in the Government’s report and wishes to draw its attention to the following points.

Article 8 of the Convention. The Committee notes that under section 82(3)(b) of the Labour Code, Act No. 92/007 of 14 August 1992, the prohibition of night work for women does not apply to women working in services not involving manual work. The Committee recalls, in this connection, that the Convention only allows for the exemption of women employed in health and welfare services who are not ordinarily engaged in manual work. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure that the authorized exemptions from the prohibition of women’s night work are limited to the forms of employment set out in this Article of the Convention.

Part V of the report form. The Committee would be grateful if the Government could supply in its next report all available information on the practical application of the Convention, including, for instance, extracts from official reports, statistics from inspection services providing data on the number of workers covered by the legislation, on the number and nature of contraventions reported or on the application of the exceptions under Article 4, as well as information on any practical difficulties encountered in the application of the Convention and any other particulars bearing on the practical implementation of the requirements prescribed by the Convention. The Committee wishes to stress the importance of the facts and data communicated under Part V of the report form and to recall that this is the main channel through which the Committee obtains official information enabling it to follow the evolution of national laws and practice in matters covered by the Convention.

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.