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

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Malawi (Ratification: 1986)

Tripartite consultations required by the Convention. The Committee notes the information provided by the Government’s report received in September 2007 in relation to its previous observation. The Government indicates that it always carries out consultations with the social partners as stipulated in the Labour Relations Act regarding replies to the questionnaires concerning items of the agenda of the Conference, the proposals to the National Assembly on the instruments adopted by the Conference and all reports that are made to the ILO under article 22 of the Constitution. The Committee further notes that the Government is in the process of consultations aimed at ascertaining those Conventions and Recommendations to which effect has not yet been given and to consider measures to be taken to promote their ratification and implementation. It also notes that the Government did consult with the social partners concerning the denunciation of some ratified Conventions. Due to the expiration of the time limit to communicate the intention to the Office, the denunciation did not take place. The Government indicates its intention to consult again at the appropriate time. The Committee recalls that the ILO Governing Body recommended to denounce Conventions Nos 50, 64, 65, 86, 104 and 107 concerning indigenous workers and to ratify the most updated instrument, Indigenous and Tribal Peoples Convention, 1989 (No. 169). It also recalls that in its 2005 direct request on the Underground Work (Women) Convention, 1935 (No. 45), the Government was invited to give favourable consideration to the ratification of the Safety and Health in Mines Convention, 1995 (No. 176), which shifts the emphasis from a specific category of workers to the safety and health protection of all mineworkers, and in turn to denounce Convention No. 45. The Committee invites the stakeholders concerned to hold tripartite consultations for the re-examination of unratified Conventions – such as Conventions Nos 169 and 176 – so that those measures envisaged to promote, as appropriate, their implementation, ratification, or denunciation can be considered (Article 5, paragraph 1(c) and (e), of the Convention). The Committee also recalls that the technical assistance of the Office is available to the Government and the social partners on these matters.