Observación (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Malawi

Convenio sobre la inspección del trabajo, 1947 (núm. 81) (Ratificación : 1965)
Convenio sobre la inspección del trabajo (agricultura), 1969 (núm. 129) (Ratificación : 1971)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

The Committee notes the observations of the Malawi Congress of Trade Unions (MCTU) received on 2 September 2024, and the Government’s response thereto.

Articles 14, 20 and 21 of Convention No. 81 and Articles 19, 26 and 27 of Convention No. 129. Annual report on labour inspection activities. Notification of occupational accidents and diseases to the labour inspection services. The Government indicates in its report under the Occupational Safety and Health Convention, 1981 (No. 155) that it is taking steps towards commencing annual publications of statistical information related to occupational safety and health (OSH) and other relevant matters through the new website of the Ministry of Labour (MoL) and other platforms. In this context, it indicates that, with support from the ILO, it is developing the Labour Information Management System which will serve as a platform for information sharing. However, the Committee notes with regret that once again the Government has not submitted an annual labour inspection report. The Committee notes that the only statistics provided by the Government refer to the number of labour inspectors recently recruited, and that the Government does not indicate the measures adopted in order to improve the notification of occupational diseases. In its observations, the MCTU indicates that relevant reports have not been produced by the MoL. In its response, the Government indicates that this is due to the lack of capacity of the MoL and it expresses the intention to request technical assistance from the Office to build its capacities in this regard. The Committee once again requests the Government to take the necessary measures to ensure that the labour inspection report is published and transmitted to the ILO, in accordance with Article 20 of Convention No. 81 and Article 26 of Convention No. 129 and that such report contains information on all the subjects listed in Article 21 (a)–(g) of Convention No. 81 and Article 27 (a)–(g) of Convention No. 129. In this context, it requests the Government to provide updated information with regards to the development of the Labour Information Management System. Noting the persistent lack of statistics on occupational diseases reported, the Committee requests the Government to take measures to improve the notification of cases of occupational diseases to the labour inspectorate, in accordance with Articles 14 of Convention No. 81 and 19 of Convention No. 129 and to provide the relevant statistics in the labour inspection report.The Committee encourages the Government to request technical assistance from the Office in order to improve its reporting and notification system.

Issues specifically concerning labour inspection in agriculture

Articles 3, 6, 8, 15, 21 and 22 of Convention No. 129. Labour inspection system in agriculture. Inspection visits. In its previous comments, the Committee noted that although a significant proportion of workers are engaged in the agricultural sector, there are no reliable statistics on the number of inspections carried out in agriculture and that in the recent past, there had been no violations detected and no penalties imposed. The Committee notes that the Government does not provide information on the number and type of inspections and their results. With regard to measures taken to strengthen the labour inspection system in agriculture, the Committee takes note of a series of Memoranda of Understanding (MoUs) signed between the Ministry of Labour and private partners, which aim to create a framework for cooperation under which the private sector provides financial and logistical support to the Ministry of Labour to strengthen inspection, through capacity-building, data collection, and training, focusing primarily on child labour, forced labour and OSH. In particular, the Committee notes that an MoU signed in October 2023, and valid for three years, with tobacco companies operating in the country provides for: (i) the direct payment by the companies of a sum of 25,000 Malawi kwacha per day (approximately US$14.43) to the labour officer which is called to perform an inspection visit following a notice of violation provided by one of the tobacco companies; and (ii) the provision of transport in the form of fuel allocation for the labour officers for performing such inspections. The MoU further indicates that, upon receipt of the payment the labour officer will arrange the visit to the farm concerned in order to: (i) determine the extent of the issue; (ii) provide advice to the farmer and worker; (iii) remediate the situation; (iv) refer the case to the police, specialized organization, or ministry if the issue falls outside the scope of the labour officer’s mandate; (v) refer OSH issues to the OSH and Welfare Directorate; (vi) report on follow up actions where necessary; and (vii) close the issue and finalize the report. The MoU further specifies that labour officers are not precluded from conducting unannounced farm inspections and that, in this case, no payment or reimbursement of expenses will be granted. The Committee notes that the UN Committee on Economic, Social and Cultural Rights expressed concern about the limited capacity and resources of the labour inspection system, which hinder effective enforcement of labour standards, particularly in remote and rural areas (E/C.12/MWI/CO/1 27 September 2024, paragraph 29). While noting the serious constraints in relation to the human, financial and material resources faced by the labour inspectorate and the efforts made through the MoUs to strengthen the capacities of labour inspection services, the Committee wishes to call the Government’s attention to a series of considerations in relation to the MoU signed in October 2023. The Committee is of the view that an arrangement for which inspectors are granted monetary compensation and reimbursement of travel expenses from the employers is likely to prejudice the impartiality and authority which are necessary to inspectors in their relations with employers and workers. The Committee recalls that labour inspection is a public function and that labour inspectors should be granted conditions of service which are such to ensure their stability of employment and independence from improper external influence. In addition, the Committee recalls that labour inspections should be able to institute prompt legal or administrative proceedings without previous warnings in case of violations of provisions enforceable by labour inspectors and that it should be left to the discretion of labour inspectors to give warning and advice instead of instituting or recommending proceedings. Therefore, the Committee requests the Government to take the necessary measures, including by amending the MoU, in order to ensure (i) the effective discharge of the labour inspection duties in agriculture and that labour inspectors have the authority and impartiality that are necessary in their relations with employers and workers, in accordance with Article 6 the Convention; (ii) that agricultural undertakings are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions, in accordance with Article 21; (iii) that labour inspectors in agriculture are composed of public officials whose conditions of service are such that they are independent of improper external influences, in compliance with Article 8; (iv) that they are provided with the transport facilities that are necessary to the performance of their duties and that arrangements are in place in order to ensure the reimbursement of any travelling and incidental expenses which may be necessary for the performance of their duties, in compliance with Article 15; and (v) that persons who violate or neglect to observe legal provisions enforceable by labour inspectors in agriculture are liable to prompt legal or administrative proceedings without previous warning and that labour inspectors have the power to decide whether to give warning and advice instead of instituting or recommending proceedings, in accordance with Article 22. The Committee requests the Government to take these considerations into account in the development of future MoUs. The Committee requests the Government to provide information on the application in practice of the MoU, in particular with regard to the number and nature of inspections conducted upon notice from the companies, the number and nature of violations encountered, and the measures adopted by labour inspectors, including sanctions imposed and proceedings established. The Committee recalls to the Government that it may avail itself of technical assistance from the Office in order to strengthen the labour inspection service.

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