Direct Request (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 takes note of the Labour Relations (Amendment) Bill, 2006.

Article 2. The Committee notes that section 18(4) of the Bill provides that if an organization fails to comply with the provisions of subsection (1) (on submission of financial and membership information to the Registrar) after being given a reasonable opportunity to do so, the Registrar may suspend and even cancel the registration and certificate of an organization. The Committee recalls that measures of suspension or dissolution by the administrative authority constitute serious infringements to the principles of freedom of association. Measures of dissolutions of trade union organizations should only occur in extremely serious cases and following a judicial decision guaranteeing the right to a defence.

Article 3. The Committee also notes that section 49 of the Labour Relations (Amendment) Bill, 2006, provides for the prohibition for the employer to take disciplinary action or dismiss an employee for participating in a strike in conformity with this Act. However, section (2) of this Bill provides that an employer may fairly dismiss an employee on grounds of operational requirements, notwithstanding that the operational requirements resulted from a strike in conformity with this Act. The Committee recalls that although the inclusion of dismissal on grounds of operational requirements is generally acceptable, in the specific situation of a strike this could lead to those involved in the strike being targeted and therefore constitute discrimination in employment.

The Committee therefore requests the Government to take the necessary measures in order to ensure the full conformity of the forthcoming legislation with the Convention. It requests the Government to keep it informed of any development in this regard and to transmit a copy of the amended text, when adopted.