Observation sur la soumission aux autorités compétentes (CEACR) - adoptée 2024, publiée 113ème session CIT (2025)

Malawi

Failure to submit. The Committee notes with concern that the Government has provided no reply to its previous comments. It once more recalls the information provided by the Government concerning the submission to the President on 12 December 2018 of the HIV and AIDS Recommendation, 2010 (No. 200), adopted by the Conference at its 99th Session, the Domestic Workers Convention, 2011 (No. 189), adopted by the Conference at its 100th Session, the Forced Labour (Supplementary Measures) Recommendation, 2014 (No. 203), adopted by the Conference at its 103rd Session, and the Transition from the Informal to the Formal Economy Recommendation, 2015 (No. 204), adopted by the Conference at its 104th Session. In addition, the Government indicated that the Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205), was submitted to the competent authority. The Government has not provided information on the submission of the instruments adopted by the Conference at its 108th and 111th Sessions (2019 and 2023). The Committee once again recalls that the constitutional obligation of submission is of the highest importance and is a fundamental element of the standards system of the ILO. While recalling the Government’s indication that the President is a member of the Parliament, the Committee wishes to reiterate that the obligation of submission cannot be considered to have been fulfilled until the instruments adopted by the Conference have been submitted to the national competent authority which needs to be a deliberative body, such as the legislature. The Committee therefore once again requests that the Government provide information on the submission to Parliament, and the dates of submission, of the 9 instruments adopted by the Conference at its 99th, 100th, 101st, 103rd, 104th, 106th, 108th, and 111th Sessions (2010–2019). It also requests the Government to provide information on the submission of the Safe and Healthy Working Environment (Consequential Amendments) Convention (No. 191) and Recommendation (No. 207), 2023 and the Quality Apprenticeships Recommendation, 2023 (No. 208), adopted by the Conference at its 111th Session.

The Committee recalls that the Government may request the technical assistance of the Office, if it so wishes, to assist it in achieving compliance with its obligations under article 19 of the Constitution with respect to the submission to the competent authorities of the instruments adopted by the Conference.