Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Tripartite consultations required by the Convention. The Committee notes a brief report received in June 2011. The Government indicates that the Tripartite Labour Advisory Council, the Social Dialogue Council, and the Wages Advisory Council ensure effective tripartite consultations. The Tripartite Labour Advisory Council is in charge of advising the Ministry of Labour on all employment-related issues. The Committee refers to its 2008 and 2010 observations and again asks the Government to submit a report containing detailed information on the tripartite consultations held on each of the matters related to international labour standards covered by Article 5(1) of the Convention. It also requests the Government to include information on the nature of any reports or recommendations made as a result of such consultations.

Article 5(1)(c) and (e). Prospects of ratification of unratified Conventions and proposals for the denunciation of ratified Conventions. 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 tripartite consultations to re-examine unratified Conventions – such as Conventions Nos 169 and 176 – in order to promote, as appropriate, their implementation or ratification and to denounce outdated Conventions.