Observation on submission to competent authorities (CEACR) - adopted 2025, published 114th ILC session (2026)

Malawi

Failure to submit. The Committee notes that the information provided by the Government in September 2025, which reiterates that, under the Constitution of the Republic of Malawi, the President is considered the competent authority. In this regard, the Committee wishes to draw the Government’s attention to the Memorandum concerning the obligation to submit Conventions and Recommendations to the competent authorities, adopted by the Governing Body in 2005, which defines the "competent authority” as the body that, under the Constitution of each State, has the power to legislate or take other actions necessary to implement Conventions and Recommendations. Part II (b) of the Memorandum states that the competent national authority should normally be the legislature. In this context, the Committee notes the Government’s request for technical assistance to facilitate the submission of the pending instruments to the Parliament. The Committee expresses its trusts that with the technical assistance of the Office, the Government will be in a position to comply with its constitutional obligation of submission. It requests the Government to keep it informed of any developments in this respect.

The Committee once again requests that the Government provide information on the submission to Parliament, including the dates of submission, of the 12 instruments adopted by the Conference at its 99th, 100th, 101st, 103rd, 104th, 106th, 108th, and 111th Sessions (2010–23).