Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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

The Committee notes the Government’s report. It observes, however, that it does not reply to the points raised in its previous comments. In these circumstances the Committee reiterates its previous comments.

Article 2 of the Convention. The Committee noted that section 18(4) of the Labour Relations (Amendment) Bill, 2006, 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 dissolution of trade union organizations should only occur in extremely serious cases and following a judicial decision so that the right to a defence is fully guaranteed.

Article 3. The Committee also noted that section 49(1) of the Labour Relations (Amendment) Bill, 2006, provides for the prohibition of the employer from taking disciplinary action or dismissing an employee for participating in a strike in conformity with this Bill. However, section 49(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 once again 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.