I was left wondering if this has always been the norm and if this practice does not only attract robbers but also exposes these women to all sorts of abuse.
It is no secret that before the robbers get away with whatever they want, the first thing they would do is to gang rape that woman. Of course, the argument could be that some women share night duties with male counterparts, but is it really logical (and legal) for them to work at night.
The legality of night work for women can be deduced from the International Labour Organisation Convention No. 89.
It is titled the Night Work (Women) Convention (Revised), 1948 and has unfortunately not been ratified by Zimbabwe. The convention prohibits the employment of women, without distinction of age, during the night in any public or private industrial enterprise.
This is other than an enterprise in which only members of the same family are employed.
However, the convention does not apply to women holding responsible positions of a managerial or technical character. It also does not apply to women employed in health and welfare services who are not ordinarily engaged in manual work.
"Night" can be defined as a period of at least 11 consecutive hours, including an interval of at least seven consecutive hours falling between 10pm and seven o'clock in the morning.
This interval has to be prescribed by the competent national authority, which is under the obligation to consult employers' and workers' organisations in cases where the interval begins after 11pm.
The night period may be reduced to 10 hours on 60 days of the year in industrial enterprises, which are influenced by the seasons and in all cases where exceptional circumstances demand it.
The period may also be reduced in countries where the climate renders work by day particularly trying, provided that compensatory rest is accorded during the day.
The prohibition of night work does not apply in cases of force, when in any enterprise there occurs an interruption of work, which it was impossible to foresee, and which is not a recurring character.
The prohibition also does not apply where it is necessary to prevent the loss of raw materials, which are subject to rapid deterioration.
The ILO came up with a Protocol of 1990 to the Night Work (Women) Convention (Revised), 1948.
The protocol broadens the possibilities for exemptions from the prohibition of the night work of women and variations in the duration of the night period, as envisaged by Convention 89.
National laws or regulations, adopted after consulting most representative organisations of employers and workers, may provide that variations in the duration of the night and exemptions from the prohibitions of night work may be introduced.
This is by decision of the competent authority in a specific branch of activity or occupation, provided that the representative organisations of the employers and workers concerned have concluded an agreement or have given their agreement.
It may be in a decision by the competent authority in one or more specific establishments not covered by a decision taken pursuant to the one mentioned above.
This is provided that an agreement has been concluded in the establishment or enterprise concerned between the employer and the workers' representatives.
It can also be provided that the representative organisations of the employers and workers of the branch of activity or occupation concerned or the most representative organisations have been consulted.
Exemptions from the prohibition of night work may be introduced in a specific establishment not covered by a decision taken pursuant to the above clauses, and where no agreement has been reached.
This is provided that the workers' representatives in the establishment or enterprise as well as representatives of employers and workers of the branch of activity concerned have been consulted.
It is also provided that the competent authority has satisfied itself that adequate safeguards exist in the establishment as regards occupational safety and health, social service and equality of opportunity and treatment for women workers.
An agreement may also be reached where decision of the competent authority shall apply for a specific period of time, which may be renewed by means of the relevant procedures.
The protocol prohibits the application of these variations and exemptions to women workers during a period before and after childbirth, of which at least eight weeks must be before the expected date of childbirth.
However, this prohibition may be lifted at the express request of the woman worker concerned on condition that neither her health nor that of her child will be endangered.
The application of variations and exemptions is also prohibited during additional periods for which a medical certificate is produced stating that this is necessary for the health of the mother and child.
This is during pregnancy or during a specified time prolonging the period after childbirth.
The protocol also provides for other maternity protection measures (prohibition of dismissal, maintenance of income at a sufficient level), which are practically identical to those set out in Convention No. 171, otherwise known as the Night Work Convention, 1990.
Convention No. 171 applies to all employed persons except those employed in agriculture, stock-raising, fishing, maritime transport and inland navigation.
A state may also -- after consulting representative organisations of employers and workers concerned -- exclude wholly or partially from its scope limited categories of workers.
This is when the application of the convention to them would raise special problems of a substantial nature. Specific measures required by the nature of night work have to be taken for workers. They may be applied progressively.
These measures must have the objectives of protecting their health, assisting them to meet their family and social responsibilities, and providing opportunities for occupational advancement.
The other objectives are compensating the workers appropriately, ensuring safety and protecting maternity.
The measures have to include a health assessment without charge and preventive advice for night workers at their request. Also included are suitable first-aid facilities and appropriate social services.
Recognition of the nature of night work in the compensation accorded to these workers in the form of working time, pay of similar benefits also have not to be overlooked.
Moreover, specific measures have to be taken to ensure that a night worker is certified as temporarily unfit for night work for reasons of health and given the same protection against dismissal.
How does Zimbabwe legally fare in its women working night shifts?
Source : AllAfrica.com
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