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Observation (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Malawi

Convention (n° 81) sur l'inspection du travail, 1947 (Ratification: 1965)
Convention (n° 129) sur l'inspection du travail (agriculture), 1969 (Ratification: 1971)

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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.
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. In reply to the Committee’s previous request, the Government expresses its commitment to submit annual labour inspection reports as required by the Conventions and indicates that the Ministry is in the process of developing a Labour Market Information System which will assist in information management. While taking note of this information, the Committee notes that no annual labour inspection report has been received. The Committee notes that the Government provides statistics on the activities conducted by occupational safety and health inspectors such as number of inspection visits and number of occupational accidents. With regard to measures taken to improve the notification of cases of occupational diseases to the labour inspectorate, the Government indicates that it aims to continue to raise awareness through capacity building as well as during labour inspections with regard to the requirement of notification of cases of occupational diseases to the labour inspectorate. However, the Committee notes that the Government has not provided any information with regard to the number of occupational diseases reported. The Committee 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. Noting the lack of information with regard to occupational diseases, the Committee requests the Government to continue taking 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.

Issues specifically concerning labour inspection in agriculture.

Articles 3 and 21 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 updated information on the matter. The Committee also recalls that under its 2022 comments on the Occupational Safety and Health Convention, 1981 (No. 155), on the Safety and Health in Agriculture Convention, 2001 (No. 184) and on the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), it noted the observations of the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations, received in 2021 and 2022, according to which a number of women working in tea plantations and macadamia nuts orchards have been subjected to gender-based violence, including rape and sexual harassment. The Committee requests the Government to take measures to strengthen the labour inspection system in agriculture and ensure that inspections take place in the agricultural sector as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions, and to report in detail on the results of such inspections including the number and nature of violations found and any sanctions imposed.
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