Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Malawi

Occupational Safety and Health Convention, 1981 (No. 155) (Ratification: 2019)
Safety and Health in Agriculture Convention, 2001 (No. 184) (Ratification: 2019)
Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) (Ratification: 2019)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 155 (OSH), 184 (safety and health in agriculture) and 187 (promotional framework for OSH) together.

The Committee notes that the first reports of the Government for Conventions Nos 155, 184 and 187 have not been received.

The Committee notes the observations of the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF), received on 30 August 2021, concerning Convention No. 184. The Committee considers it appropriate to examine the content of the observations under Conventions Nos 155 and 187 as well.

Occupational Health and Safety Convention, 1981 (No. 155) and Safety and Health in Agriculture Convention, 2001 (No. 184)

Article 16(1) of Convention No. 155, Article 3(2) of Convention No. 187 and Article 18 of Convention No. 184. Employers’ obligation to ensure that workplaces are without risks to health and safety. Promotion of a safe and healthy working environment. OSH measures for women workers in agricultural undertakings. The Committee notes that, according to the observations of the IUF, a number of women working in tea plantations and macadamia nuts orchards allege that they have been subjected to gender-based violence, including rape and sexual harassment. In particular, according to the IUF, women employed under seasonal, hence precarious, contracts, are forced to submit to the demands for sexual favours of supervisors for fear of losing their employment. In light of the above, the IUF requests that the Committee invites the Government of Malawi to accept ILO technical cooperation in order to address the issue of gender-based violence and harassment in the Malawi tea plantations. The Committee recalls that Article 16(1) of Convention No. 155 provides that employers shall be required to ensure that the workplaces under their control are safe and without risk to health. In addition, Article 3(2) of Convention No. 187 requires the promotion and advancement of the right of workers to a safe and healthy working environment. The Committee also recalls that, according to Article 18 of Convention No. 184, measures shall be taken to ensure that the special needs of women agricultural workers are taken into account in relation to their reproductive health. Noting with serious concern the gravity of these allegations, the Committee requests the Government to provide its comments in this respect. The Committee expresses its firm hope that the Government will consider requesting technical assistance to address the matters raised by the IUF. The Commission trusts that the requested technical assistance will be carried out with a multidisciplinary approach in order to address these issues, from the perspective of the implementation of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), as well.

[The Government is asked to reply in full to the present comments in 2022.]