Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

Labour Inspection (Agriculture) Convention, 1969 (No. 129) - Malawi (Ratification: 1971)

Further to its previous comments, the Committee notes the information supplied by the Government in its report. It would be grateful if the Government would provide further clarifications on the following points.

Articles 4 and 19 of the Convention. The Committee notes the Government's explanation that even though section 24 of the Workers' Compensation Act (which Act has not come into operation through the publication of the required notice in the Gazette in accordance with its section 1) imposes an obligation on employers to notify the Workers' Compensation Commissioner of the occurrence of serious occupational accidents and diseases to workers; under section 2(a) of the same Act, persons whose employment is of a casual nature are excluded from the application of the Act. The Committee expresses its concern that the Act has not yet entered into operation since its passage in 1990. It also notes that there is no information regarding the new rules and regulations to administer the Act, referred to by the Government in its report of 1992 as providing for inspectors to be involved with on-the-spot inquiry into the causes of occupational diseases and accidents of a serious nature. The Committee trusts the Government will soon be in a position to indicate the coming into force of both the Act and the rules and regulations to administer it. The Committee would also like to draw the Government's attention to the requirements of Article 4 of the Convention that the system of labour inspection in agriculture shall apply to employees or apprentices, however they may be remunerated and whatever the type, form or duration of their contract. It expresses the hope that the Government will take the necessary measures to bring the law into conformity with the requirements of this Article of the Convention.

Articles 2, 6, paragraph 1(a), 24 and 27(a) and (e). The Committee would be grateful if the Government would provide information regarding work or employment of young persons in agricultural undertakings, particularly in estate and small-sector tobacco production. The Committee recalls that the national legal provisions that the inspectorate enforced included the Employment Ordinance of 1964 and the Employment of Women, Young Persons and Children Ordinance of 1939. The Committee would be grateful if the Government would indicate if these Ordinances are still in force; and if so, what enforcement measures have been taken relating to youth employment in tobacco production. Please provide full particulars of any violations and penalties imposed.

Articles 14, 21, 26 and 27. The Committee's comments under Articles 10, 16, 20 and 21 of Convention No. 81 apply.