Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Article 3 of the Convention. Prohibition of night work for women. The Committee notes that sections 3 and 4 of Decision No. 91-008 AT of 17 January 1991 continue to give effect to the main requirement of the Convention, that is a general prohibition against the employment of women in industry during at least 11 consecutive hours comprising the period between 10 p.m. and 5 a.m. It also notes, however, the Government’s indications that most collective agreements do not contain any express prohibition on night work for women – as contrasted to night work of minors – and that discussions aiming at relaxing the current limitations on the employment of women during the night could be undertaken within the framework of the planned social pact.

The Committee has been inviting the Government to give favourable consideration to the ratification of either the Night Work Convention, 1990 (No. 171), which is not devised as a gender-specific instrument but focuses on the protection of all night workers in all branches and occupations, or the 1990 Protocol which affords considerable flexibility in the application of Convention No. 89 while remaining focused on the protection of women workers.

In this connection, the Committee feels once more obliged to draw the Government’s attention to the fact that member States are increasingly required to initiate a review process of their protective legislation aiming at the gradual elimination of any provisions contrary to the principle of equal treatment between men and women, except those connected with maternity protection, and with due account being taken of national circumstances. This trend reflects also the growing expectation that the same standards of protection should apply to men and women alike in accordance with the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and also the widely ratified United Nations Convention on the Elimination of All Forms of Discrimination Against Women.

For all useful purposes, therefore, the Committee recalls that Convention No. 89 may be denounced every ten years and will again be open to denunciation for a period of one year as from 27 February 2011. Whereas the Government of France denounced the Convention on 27 February 1992, no declaration modifying the terms of the acceptance of the obligations of the Convention on behalf of French Polynesia has so far been communicated (as provided for in article 35 of the ILO Constitution) and therefore the Government of French Polynesia remains bound by the provisions of the Convention until such a declaration is made and a formal instrument of denunciation takes effect in accordance with Article 15(2) of the Convention. The Committee requests the Government to provide detailed information on the outcome of discussions concerning a social pact in so far as women’s night work is concerned, and to keep the Office informed of any decision taken with respect to Convention No. 89.