Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

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

The Committee notes the Government’s report and its reply to the comments submitted by the International Trade Union Confederation (ITUC) dated 29 August 2008. The ITUC’s comments mainly refer to matters previously raised by the Committee on the right to strike.

In its previous comments, the Committee, noting that sections 45(3) and 47(2) of the Labour Relations Act empower the parties concerned to apply to the Industrial Relations Court for a determination as to whether a particular strike involves an essential service, had requested 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 these sections of the Labour Relations Act. The Government indicates in this regard that the procedures set out in the Labour Relations Act concerning strike action are often not followed by unions, which leads to many strikes being declared illegal, and adds that, with international assistance, it has intensified tripartite discussion on, among other things, the issue of illegal strikes. 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.

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