Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

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

The Committee notes that the Government’s report has not been received.

The Committee notes the comments of the International Confederation of Free Trade Unions (ICFTU) dated 10 August 2006, which refer to issues previously raised by the Committee on the right to strike and allege acts of violence against a trade union organizer. The Committee requests the Government to send its observations on the ICFTU comments, including those dated 31 August 2005 concerning in particular violent police repression of a protest march by tea workers (see 2005 observation, 76th Session).

In addition, in its previous comments, the Committee had noted that section 45(3) and 47(2) of the Labour Relations Act of 1996 empower the parties concerned to apply to the Industrial Relations Court for a determination as to whether a particular strike involves an essential service. The Committee once again requests the Government to provide information on any strike declared illegal and the reasons, therefore, as well as on any decisions rendered by the Industrial Relations Court under sections 45(3) and 47(2) of the Labour Relations Act.

Finally, the Committee notes the Government’s communication dated 2 October 2006 which refers to its reply in relation to the communication received from the Malawi Congress of Trade Unions concerning the application of the Convention. The Committee recalls that these comments were examined in the framework of Convention No. 98.

A request concerning other points is being addressed directly to the Government.