Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It must therefore repeat its 2008 observation which read as follows:

Article 5(1) of the Convention. Tripartite consultations required under the Convention. The Committee notes a brief report received in May 2008 reiterating that the Government carries out consultations with the social partners as stipulated in the Labour Relations Act of 2000. It asks the Government to include in its next report particulars of the tripartite consultations held on each of the matters covered by the Convention, including information on the nature of any reports or recommendations made as a result of such consultations.

Article 5(1)(c) and (e). In its previous comments, the Committee recalled that the ILO Governing Body recommended the denunciation of Conventions Nos 50, 64, 65, 86, 104 and 107 concerning indigenous workers and the ratification of the most updated instrument, the Indigenous and Tribal Peoples Convention, 1989 (No. 169). In the Committee’s 2005 direct request on the Underground Work (Women) Convention, 1935 (No. 45), the Government was invited to give favourable consideration to the ratification of the Safety and Health in Mines Convention, 1995 (No. 176), which shifts the emphasis from a specific category of workers to the safety and health protection of all mineworkers, and in turn to denounce Convention No. 45. The Committee again invites the stakeholders concerned to hold consultations to re-examine unratified Conventions – such as Conventions Nos 169 and 176 – in order to promote, as appropriate, their implementation, ratification or denunciation.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 5, paragraph 1, of the Convention. Tripartite consultations required under the Convention. The Committee notes a brief report received in May 2008 reiterating that the Government carries out consultations with the social partners as stipulated in the Labour Relations Act of 2000. It asks the Government to include in its next report particulars of the tripartite consultations held on each of the matters covered by the Convention, including information on the nature of any reports or recommendations made as a result of such consultations.

Article 5, paragraph 1(c) and (e). In its previous comments, the Committee recalled that the ILO Governing Body recommended the denunciation of Conventions Nos 50, 64, 65, 86, 104 and 107 concerning indigenous workers and the ratification of the most updated instrument, the Indigenous and Tribal Peoples Convention, 1989 (No. 169). In the Committee’s 2005 direct request on the Underground Work (Women) Convention, 1935 (No. 45), the Government was invited to give favourable consideration to the ratification of the Safety and Health in Mines Convention, 1995 (No. 176), which shifts the emphasis from a specific category of workers to the safety and health protection of all mineworkers, and in turn to denounce Convention No. 45. The Committee again invites the stakeholders concerned to hold consultations to re-examine unratified Conventions – such as Conventions Nos 169 and 176 – in order to promote, as appropriate, their implementation, ratification, or denunciation.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Tripartite consultations required by the Convention. The Committee notes the information provided by the Government’s report received in September 2007 in relation to its previous observation. The Government indicates that it always carries out consultations with the social partners as stipulated in the Labour Relations Act regarding replies to the questionnaires concerning items of the agenda of the Conference, the proposals to the National Assembly on the instruments adopted by the Conference and all reports that are made to the ILO under article 22 of the Constitution. The Committee further notes that the Government is in the process of consultations aimed at ascertaining those Conventions and Recommendations to which effect has not yet been given and to consider measures to be taken to promote their ratification and implementation. It also notes that the Government did consult with the social partners concerning the denunciation of some ratified Conventions. Due to the expiration of the time limit to communicate the intention to the Office, the denunciation did not take place. The Government indicates its intention to consult again at the appropriate time. The Committee recalls that the ILO Governing Body recommended to denounce Conventions Nos 50, 64, 65, 86, 104 and 107 concerning indigenous workers and to ratify the most updated instrument, Indigenous and Tribal Peoples Convention, 1989 (No. 169). It also recalls that in its 2005 direct request on the Underground Work (Women) Convention, 1935 (No. 45), the Government was invited to give favourable consideration to the ratification of the Safety and Health in Mines Convention, 1995 (No. 176), which shifts the emphasis from a specific category of workers to the safety and health protection of all mineworkers, and in turn to denounce Convention No. 45. The Committee invites the stakeholders concerned to hold tripartite consultations for the re-examination of unratified Conventions – such as Conventions Nos 169 and 176 – so that those measures envisaged to promote, as appropriate, their implementation, ratification, or denunciation can be considered (Article 5, paragraph 1(c) and (e), of the Convention). The Committee also recalls that the technical assistance of the Office is available to the Government and the social partners on these matters.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its 2005 observation, which read as follows:

1. The Committee notes the observations made by the Malawi Congress of Trade Unions (MCTU), forwarded to the Government in April 2005.

2. Tripartite consultations required by the Convention. In its communication, the MCTU indicates that the Government does not always carry out the consultations required by the Convention. It further states that the Government does not consult in order to seek the opinions of workers on matters to be discussed on the agenda before leaving for the Conference. The MCTU also indicates that the Employment Act was amended without consultation with the social partners, and that the Government removed the service charge for hotel, food processing and catering workers without consulting the union. In this regard, the Committee recalls that the Convention requires to operate procedures which ensure effective consultations, with respect to the matters concerning international labour standards set out in Article 5, paragraph 1, of the Convention between representatives of the Government, of the employers and of the workers. The Committee requests the Government to provide detailed information on the consultations held on each matter set out in Article 5, paragraph 1, during the period covered by the next report, specifying their purpose and frequency, and the nature of any reports or recommendations resulting from the consultations.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the observations made by the Malawi Congress of Trade Unions (MCTU), forwarded to the Government in April 2005.

2. Tripartite consultations required by the Convention. In its communication, the MCTU indicates that the Government does not always carry out the consultations required by the Convention. It further states that the Government does not consult in order to seek the opinions of workers on matters to be discussed on the agenda before leaving for the Conference. The MCTU also indicates that the Employment Act was amended without consultation with the social partners, and that the Government removed the service charge for hotel, food processing and catering workers without consulting the union. In this regard, the Committee recalls that the Convention requires to operate procedures which ensure effective consultations, with respect to the matters concerning international labour standards set out in Article 5, paragraph 1, of the Convention between representatives of the Government, of the employers and of the workers. The Committee requests the Government to provide detailed information on the consultations held on each matter set out in Article 5, paragraph 1 during the period covered by the next report, specifying their purpose and frequency, and the nature of any reports or recommendations resulting from the consultations.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

Tripartite consultations required by the Convention. In its report, received in October 2004, the Government indicates that before the delegation departs for the International Labour Conference, tripartite consultations are held on the items on the agenda of the Conference and on the proposals to be made to the competent authority in connection with the submission of Conventions and Recommendations, pursuant to article 19 of the ILO Constitution. Furthermore, when the Tripartite Labour Advisory Council meets this year, it will consider the unratified Conventions which the Government thinks need to be ratified. Referring to the observation it has been making for several years on the failure to submit to the National Assembly 23 instruments adopted by the Conference between 1995 and 2003, the Committee requests the Government to provide detailed information on the consultations held on all the matters set out in Article 5, paragraph 1, of the Convention during the period covered by the next report, specifying their purpose and frequency, and the nature of any reports or recommendations resulting from the consultations.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information sent by the Government in September 2001 in reply to its previous direct request. The Government states that the Tripartite Labour Advisory Council met three times during the period from September 2000 to August 2001, to set new minimum wages and recommend new minimum wages for apprentices and craft technicians. The Committee notes this information. It again requests further information on the other questions listed under Article 5(1) of the Convention, namely items on the agenda of the International Labour Conference (point (a)), and the submission of instruments to the competent authorities (point (b)), all of which require annual consultation similar to that in respect of the reports to be submitted to the ILO. The Committee also requests the Government to supply any reports or recommendations made as a result of the consultations, as required under Article 5.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information sent by the Government in November 1999 and January 2000 in reply to its previous direct request. It notes that the Tripartite Consultative Labour Committee examined in March 1999 the possibility of ratifying the core Conventions which remained unratified, and that the representative employers’ and workers’ organizations continue to be consulted on questions arising from the reports to be submitted under article 22 of the ILO Constitution. The Committee renews its wish that tripartite consultation held by the Government in future will address the other questions listed under Article 5(1) of the Convention, namely: items on the agenda of the International Labour Conference ((a)), and the submission of instruments to the competent authorities ((b)). In this connection, it would like to recall that these matters involve an annual consultation similar to that in respect of the reports to be submitted to the ILO. The re-examination of unratified Conventions and of Recommendations calls for less frequent study. Moreover, in conformity with the stipulations of the report form under Article 5, the Committee requests the Government to supply any reports or recommendations made as a result of the consultations. Noting the Government’s reply in respect of the implementation of Article 6, the Committee wishes to indicate that if no annual report is issued on the procedures of consultation, the Government must give particulars of the consultations that have taken place with the representative organizations on this matter. Finally, the Committee notes the request for technical assistance submitted by the Government regarding training for participants in consultation procedures.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the Government's report for the period ending June 1997. The Committee notes with interest the information that the draft Labour Code, which was drawn up with the technical assistance of the ILO and which includes the provisions of the ILO's Conventions and Recommendations, is currently being examined by the Tripartite Consultative Committee on the Ratification of ILO Conventions. The Committee also notes the information that the most representative organizations of employers and workers are consulted, in accordance with Article 5, paragraph 1(d), of the Convention, on the questions which may arise from the reports due from the Government in accordance with article 22 of the ILO Constitution. The Committee trusts that the consultations will, in the future, address each of the matters laid down in Article 5, paragraph 1, and that, where appropriate, the Government will not fail to provide in its next report as full and detailed information as is possible on such consultations, including their frequency and the nature of all the reports and recommendations arising out of the consultations. Finally, the Committee notes the Government's reply concerning the application of Article 6 and requests the Government to hold consultations, as soon as possible, on the appropriateness of issuing an annual report on the working of the procedures provided for in the Convention and to provide, where necessary, information on their results.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the Government's report in reply to its previous comments. It notes in particular that the Tripartite Consultative Committee on Ratification of ILO Conventions, established in 1985, is currently in the process of reviewing the labour legislation to incorporate provisions of a number of Conventions and Recommendations regardless of whether the Conventions have been adopted or ratified.

The Committee would be grateful if the Government would supply in its next report full information on the consultations which have taken place on each of the matters set forth in Article 5, paragraph 1, of the Convention, particularly (b), (c) and (d), including information on the frequency of the consultations, and to indicate the nature of any reports or recommendations made as a result.

The Committee hopes that the Government's next report will also contain the detailed information required under Article 6 of the report form.

Finally, it takes due note of the request for technical assistance from the ILO made by the Government concerning the training of participants on consultative procedures and hopes that the ILO will be able to act on it.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee has taken note of the information provided by the Government for the period ending 30 June 1994 according to which priority was given to the submission of Conventions and Recommendations to the competent authority.

The Committee regrets to note that the Government's reports on the application of the Convention do not permit to evaluate the manner in which it is implemented.

It notes, nevertheless, the statement by the Government that the activities of the ILO set forth in Article 5(b), (c) and (d) of the Convention have been given particular attention over the same period.

The Committee hopes that the Government will be able to provide in its next report full information on the consultations which have taken place on each of the questions set forth in Article 5, paragraph 1, including information on the frequency of these consultations and to indicate the nature of any reports or recommendations made as a result of the consultations.

Lastly, the Committee takes note of the request for technical assistance from the ILO stated in the report and concerning the training of participants on consultative procedures.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the Government's report in reply to its previous comments. It notes in particular that the Tripartite Consultative Committee on Ratification of ILO Conventions, established in 1985, is currently in the process of reviewing the labour legislation to incorporate provisions of a number of Conventions and Recommendations regardless of whether the Conventions have been adopted or ratified.

The Committee would be grateful if the Government would supply in its next report full information on the consultations which have taken place on each of the matters set forth in Article 5, paragraph 1, of the Convention, particularly (b), (c) and (d), including information on the frequency of the consultations, and to indicate the nature of any reports or recommendations made as a result.

The Committee hopes that the Government's next report will also contain the detailed information required under Article 6 of the report form.

Finally, it takes due note of the request for technical assistance from the ILO made by the Government concerning the training of participants on consultative procedures and hopes that the ILO will be able to act on it.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 5, paragraphs 1 and 2, of the Convention. The Committee noted that it was anticipated that the representatives of the employers and workers on the Consultative Committee on the Ratification of ILO Conventions (Consultative Committee) would consider how to institute appropriate action on government replies to questionnaires in accordance with paragraph 1, subparagraph (a) of the provision.

The Committee recalled that the Convention requires that effective consultations take place between representatives of the Government and of organizations of employers and workers on all of the points listed under paragraph 1 of this Article of the Convention. The Committee requested the Government to ensure that such consultations take place, and to provide detailed information on them, including information on the work of the Consultative Committee. In this connection, the Committee requested information on the frequency of such consultations, as well as information on the nature of any reports or recommendations resulting from the consultations.

Article 6 of the Convention. The Committee asks the Government to provide information on the consultations held with the representative organizations on the working of the procedures provided for in the Convention, as requested by the report form under this Article.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request.

Article 5, paragraphs 1 and 2, of the Convention. The Committee noted that it was anticipated that the representatives of the employers and workers on the Consultative Committee on the Ratification of ILO Conventions (Consultative Committee) would consider how to institute appropriate action on government replies to questionnaires in accordance with paragraph 1, subparagraph (a) of the provision.

The Committee recalled that the Convention requires that effective consultations take place between representatives of the Government and of organizations of employers and workers on all of the points listed under paragraph 1 of this Article of the Convention. The Committee requested the Government to ensure that such consultations take place, and to provide detailed information on them, including information on the work of the Consultative Committee. In this connection, the Committee requested information on the frequency of such consultations, as well as information on the nature of any reports or recommendations resulting from the consultations.

Article 6 of the Convention. The Committee asks the Government to provide information on the consultations held with the representative organizations on the working of the procedures provided for in the Convention, as requested by the report form under this Article.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the report of the Government for the period 1 July 1988 to 30 June 1990 and the reply to its previous direct request. In this connection, the Committee would request the Government to provide further particulars on the following Articles:

Article 5, paragraphs 1 and 2, of the Convention. The Committee takes note of the report of the Government in which it is stated that, as a matter of first priority, the Government is re-examining unratified Conventions with a view to their ratification. The report further notes that the Government is considering questions arising out of reports under article 22 of the Constitution, and is making proposals to the competent authority in connection with the submission of ILO instruments pursuant to article 19 of the Constitution. Finally, the report notes that, in future, it is anticipated that the representatives of the employers and workers on the Consultative Committee on the Ratification of ILO Conventions (Consultative Committee) will consider how to institute appropriate action on government replies to questionnaires in accordance with paragraph 1, subparagraph (a) of the provision.

The Committee notes that the Convention requires that effective consultations take place between representatives of the Government and of organisations of employers and workers on all of the points listed under paragraphs of this article of the Convention. The Committee would therefore request the Government to ensure that such consultations take place and would ask that, in its next report, the Government provide detailed information on the same, including information on the work of the Consultative Committee. In this connection, the Committee would request information on the frequency of such consultations, as well as information on the nature of any reports or recommendations resulting from the consultations.

Article 6 of the Convention. The Committee notes that, according to the report of the Government, no annual reports have been drawn up on the operation of procedures initiated or in existence in accordance with the Convention. The Committee would therefore be grateful if the Government would provide information on the consultations held with the representative organisations on this matter, as requested by the report form under this Article.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee takes note of the information provided by the Government in its first report. It requests the Government to provide further information on the following points:

Article 3, paragraph 1, of the Convention. The Government indicates in its report that the representatives of the employers and workers on the Consultative Committee on the ratification of ILO Conventions are appointed in consultation with the most representative workers' and employers' organisations. Please state whether these are simple consultations which are not binding on the Ministry or consultations that respect the freedom of choice required by this provision of the Convention.

Article 4, paragraphs 1 and 2. Please describe the manner in which administrative support is provided for the procedures covered by the Convention and any other arrangements for the financing of any necessary training of participants in consultative procedures.

Article 5, paragraphs 1 and 2. The Committee takes note of the information contained in the report, concerning paragraph 1(c) of this Article of the Convention. It draws the Government's attention to the scope of paragraph 1, and requests it to provide detailed information on consultations held during the period covered by the next report, on each of the questions listed in paragraph 1 of this Article, including information on the frequency of such consultations, and to specify the nature of any reports or recommendations resulting from the consultations.

Article 6. If annual reports are drawn up on the working of current procedures, please supply a copy of such reports. If not, please provide information on the consultations held with the representative organisations on this matter.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee takes note of the information provided by the Government in its first report. It requests the Government to provide further information on the following points:

Article 3, paragraph 1, of the Convention. The Government indicates in its report that the representatives of the employers and workers on the Consultative Committee on the ratification of ILO Conventions are appointed in consultation with the most representative workers' and employers' organisations. Please state whether these are simple consultations which are not binding on the Ministry or consultations that respect the freedom of choice required by this provision of the Convention.

Article 4, paragraphs 1 and 2. Please describe the manner in which administrative support is provided for the procedures covered by the Convention and any other arrangements for the financing of any necessary training of participants in consultative procedures.

Article 5, paragraphs 1 and 2. The Committee takes note of the information contained in the report, concerning paragraph 1(c) of this Article of the Convention. It draws the Government's attention to the scope of paragraph 1, and requests it to provide detailed information on consultations held during the period covered by the next report, on each of the questions listed in paragraph 1 of this Article, including information on the frequency of such consultations, and to specify the nature of any reports or recommendations resulting from the consultations.

Article 6. If annual reports are drawn up on the working of current procedures, please supply a copy of such reports. If not, please provide information on the consultations held with the representative organisations on this matter.