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

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Malawi (Ratification: 1965)

1. The Committee takes note of the comments made by the Malawi Congress of Trade Unions (MCTU) in a communication dated 26 December 2004 with regard to anti-union dismissals of five trade union officials and the malfunction of the Labour Tripartite Advisory Council (LTAC), as well as the Government’s observations thereon denying the anti-union nature of the dismissals and indicating that the LTAC is functioning properly. The Committee requests the Government to carry out a comprehensive inquiry into the dismissals of the five trade union leaders mentioned in the MCTU’s comments and, if it is confirmed that acts of anti-union discrimination occurred, to take the necessary remedial measures. Concerning the MCTU comments on the Tripartite Labour Advisory Council, the Committee notes that they are not sufficiently specific and will therefore not be examined in the absence of further information.

2. The Committee takes note of the comments made by the International Confederation of Free Trade Unions (ICFTU) in a communication dated 31 August 2005, making reference to the absence of recognition of the right to organize in practice, employer resistance towards trade unions’ rights, and anti-union dismissals of eight trade union leaders representing Lilongwe City workers. The Committee requests the Government to provide its observations on the ICFTU comments.