Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

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 occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine Conventions Nos 155 (OSH), 187 (promotional framework for OSH) and 184 (safety and health in agriculture) together.

The Committee notes the observations of the Malawi Congress of Trade Unions (MCTU), received on 2 September 2024, concerning Conventions Nos 155, 184, and 187. The Committee requests the Government to provide its comments in this respect.

Article 8 of Convention No. 155 and Article 4(1), (2)(a) and (3)(a) of Convention No. 187. Legal and regulatory framework in respect of OSH and periodic review of the national system. National tripartite advisory body, or bodies, addressing OSH issues. In its previous comment, the Committee noted that, due to the absence of a tripartite advisory body with direct responsibility for OSH, the responsibility for the periodic review of national legislation, policies and actions on OSH is with the Tripartite Labour Advisory Council and that the Government envisaged setting up a national advisory committee on OSH that shall specifically be responsible for monitoring and advising on the operationalization of OSH legislation. The Committee notes the Government’s indication in its report that the finalization of the review of the Occupational Safety, Health and Welfare Act (OSHWA) awaits the adoption of the National OSH Policy and that five regulations under the OSHWA (concerning pressure vessels, safety and health committees, first aid, hazardous substances and medical examinations) are being developed through a consultative process with the social partners and other key stakeholders. The Committee requests the Government to continue to provide updated information with regards to the ongoing review of the OSHWA and the development of new OSH regulations as well as on the consultations held in this regard. It requests the Government to take measures to ensure that the Committee’s comments on legislative matters are taken into account in the context of the review of the OSHWA. The Committee once again requests the Government to provide information on the progress achieved in setting up a national advisory committee on OSH.

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. Following its previous comments regarding the issue of violence and harassment of women workers in agricultural undertakings, the Committee notes the Government’s indication that the Tea Association of Malawi Limited has revised its 2024 Gender Equality, Anti-Harassment, and Non-Discrimination Policy, introducing mechanisms for lodging complaints, including hotlines across tea estates, and further developed a training manual to help members gain knowledge in implementing relevant measures. The Committee notes that the Employers’ Consultative Association of Malawi adopted a statement on zero-tolerance to violence and harassment to guide its members in addressing these issues. Furthermore, the Government indicates that OSH Regulations in Agriculture are currently being developed which will address the special needs of women agricultural workers, including in relation to reproductive health. The Committee also notes that, in the context of the ongoing review of the OSHWA, provisions have been proposed to ensure protection against and prevention of workplace violence and harassment, emphasizing employers’ obligations to investigate and monitor incidents, provide remedies, protect privacy, prevent retaliation, and promote employee training. The Committee notes that the UN Committee on Economic, Social and Cultural Rights, in its concluding observations, expressed concern that despite measures adopted, agricultural workers face precarious working conditions that expose them to exploitation and abuse, including gender-based violence (E/C.12/MWI/CO/1 27 September 2024, paragraph 29). The Committee requests the Government to strengthen the measures taken to advance the right of agricultural workers to a safe and healthy working environment and to ensure that the special needs of women agricultural workers are taken into account, specifically in relation to reproductive health, including in the context of the ongoing review of the OSHWA and the development of the OSH Regulations in Agriculture. The Committee refers in this respect to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

The Committee is raising other matters in a request addressed directly to the Government.