Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Malawi (Ratification: 1999)

The Committee notes the comments submitted by the International Confederation of Free Trade Unions (ICFTU) in a communication dated 31 August 2005 with regard to violent police repression of a protest march by tea workers in September 2004 as well as issues previously raised by the Committee on the right to strike. Noting that freedom of assembly and demonstration constitutes a fundamental aspect of trade union rights and that the authorities should refrain from any interference which would restrict this right or impede the lawful exercise thereof, provided that the exercise of these rights does not cause a serious and imminent threat to public order, the Committee requests that the Government communicate its observations on the ICFTU comments, along with its response to the Committee’s previous direct request (see 2004 direct request, 75th Session) in its next report which is due in 2006.

The Committee also takes note of the comments made by the Malawi Congress of Trade Unions (MCTU) dated 26 December 2004 as well as the Government’s observations thereon. These comments will be examined in the framework of Convention No. 98.