Observation (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

Convention (n° 87) sur la liberté syndicale et la protection du droit syndical, 1948 - Malawi (Ratification: 1999)

The Committee notes the Government’s report. It observes, however, that it does not reply to the points raised in its previous comments.

The Committee noted that the International Confederation of Free Trade Unions (ICFTU, now ITUC – International Trade Union Confederation) submitted comments that referred in particular to violent police repression of a protest march by tea sector workers as well as acts of violence against a trade union organizer. The Committee recalls that freedom of association can only be exercised in conditions in which fundamental rights, and in particular those relating to human life and personal safety, are fully respected and guaranteed. The Committee expresses the firm hope that the Government will take all the necessary measures to ensure that this kind of violent acts will not take place in future.

The Committee had noted 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. The Committee once again requests the Government to provide information on any strike declared illegal and the reasons therefor, 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.