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

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Malawi (Ratification: 1999)

The Committee notes the observations of the Malawi Congress of Trade Unions (MCTU) in a communication received on 2 September 2024, concerning matters examined by the Committee below, as well as the Government’s reply thereto.

In its previous comment, the Committee requested the Government to respond to the 2021 observations from the Teachers Union of Malawi (TUM) and the Private Schools Employees Union of Malawi (PSEUM), which alleged violations of trade union rights in practice. The Committee notes with regret that the Government has not provided any information in this respect and reiterates its request for the Government to address these observations in its next report.

Article 3 of the Convention. The right of organizations to freely organize their activities and formulate their programmes. Essential services. The Committee notes the adoption of the Labour Relations (Amendment) Act, No. 16, of 2021 (LRA (Amendment)). The Committee notes that this Act amended section 47 of the LRA to provide that the Minister shall publish the list of essential services and to empower the Minister to make regulations for expeditious resolution and timely implementation of decisions involving essential services as a compensatory guarantee. The Committee notes the MCTU’s indication that no list of essential services has been sent to Parliament and further notes in this respect, the Government’s indication that the list of essential services has not been developed since the LRA (Amendment) is currently being challenged in court by the MCTU, and that it is awaiting the conclusion of the case. The Government also indicates that this list will be developed in line with the definition of the term “essential service” in section 2 of the LRA (services, the interruption of which would endanger the life, health or personal safety of the whole or part of the population). The Committee expects that the list of essential services will be developed in consultation with the social partners without further delay and requests the Government to provide a copy thereof once adopted.

Noting that the Minister is empowered to make regulations for expeditious resolution and timely implementation of decisions involving essential services as a compensatory guarantee, the Committee wishes to recall, as regards the nature of such guarantees, that restrictions on the right to strike should be accompanied by adequate, impartial and speedy conciliation and arbitration proceedings, in which the parties concerned can take part at every stage. The Committee expects that the regulations on compensatory guarantees will be in line with the principle above and requests the Government to provide a copy thereof.

Article 4. Dissolution or suspension of organizations by administrative authority. The Committee notes with interest that contrary to the LRA (Amendment) Bill, the LRA (Amendment) does not contain the provision allowing for the suspension or dissolution of an organization, which failed to submit audited financial statements, as per the Committee’s request.