Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its 2008 observation which read as follows:

Article 5(1) of the Convention. Tripartite consultations required under the Convention. The Committee notes a brief report received in May 2008 reiterating that the Government carries out consultations with the social partners as stipulated in the Labour Relations Act of 2000. It asks the Government to include in its next report particulars of the tripartite consultations held on each of the matters covered by the Convention, including information on the nature of any reports or recommendations made as a result of such consultations.

Article 5(1)(c) and (e). In its previous comments, the Committee recalled that the ILO Governing Body recommended the denunciation of Conventions Nos 50, 64, 65, 86, 104 and 107 concerning indigenous workers and the ratification of the most updated instrument, the Indigenous and Tribal Peoples Convention, 1989 (No. 169). In the Committee’s 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 again invites the stakeholders concerned to hold consultations to re-examine unratified Conventions – such as Conventions Nos 169 and 176 – in order to promote, as appropriate, their implementation, ratification or denunciation.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.