Demande directe (CEACR) - adoptée 2001, publiée 90ème session CIT (2002)

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

The Committee notes that section 96 of Act No. 58-2970 of 1 May 1970 establishing the Labour Code appears to allow for much broader exceptions to the prohibition of night work for women than those permitted under the Convention since it provides that the Minister of Labour and Social Affairs may authorize exceptions to the prohibition of night work for women in such cases, circumstances and occupations as he may determine by Order.

The Committee trusts that the necessary measures will be adopted in the near future to ensure that any exceptions to the night work prohibition are strictly limited to the cases specified in Articles 4 (force majeure and perishable goods), 5 (national interest) and 8 (managerial and technical posts and health services) of the Convention. The Committee requests the Government to keep it informed of any progress achieved in this regard.

The Committee also notes the Government’s indication that a new draft Labour Relations Code has been prepared and is currently under consideration by different parties including employers’ and workers’ organizations. The Committee requests the Government to communicate the text of the new legislation as soon as it is adopted.

Finally, recalling the conclusions of this year’s General Survey on the night work of women in industry (paragraphs 191-202), the Committee wishes 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. The Committee requests the Government to report on any decisions taken in this matter.