Demande directe (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

The Committee takes note of the information supplied in the Government’s report and attached documents, as well as the comments made by the Trade Union Confederation of Guatemala (UNSITRAGUA). It notes, in particular, that the national legislation does not contain at present any prohibition relating to the employment of women at night. The Committee recalls that the Government remains fully bound by the provisions of the Convention until such time as a formal act of denunciation takes effect in accordance with Article 15, paragraph 1, of the Convention. This implies that, as long as the Government does not proceed to denounce the Convention, it has the obligation to honour the commitments made on account of the acceptance of that instrument. In this connection, the Committee wishes to refer to paragraphs 92 and 93 of the General Survey of 2001 on the night work of women in industry in which it noted with concern that the same situation prevails in several countries and appealed to the governments concerned to take all necessary measures to ensure that their international commitments are consistent with national laws in this respect.

In addition, the Government’s attention is drawn to paragraphs 191-202 of the same General Survey 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 to move away from a blanket ban on night work for women in industry and that more attention is now being paid to regulating night work for both men and women. In this latter respect, the Committee indicated that the Night Work Convention, 1990 (No. 171), was drafted for those countries which would be prepared to eliminate women-specific restrictions on night work and to introduce gender-neutral regulations for all night workers.

Therefore, bearing in mind the fact that for all practical purposes the Convention has long ceased to apply, but also the need for an appropriate legal framework addressing the problems and hazards of night work in general, the Committee invites the Government to give favourable consideration to the ratification of the Night Work Convention, 1990 (No. 171). It asks the Government to keep it informed of any decisions taken in this regard.