Labour Inspection (Agriculture) Convention, 1969 (No. 129) - Malawi (RATIFICATION: 1971)

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Previous comment

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection and labour administration, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection), 129 (labour inspection in agriculture) and 150 (labour administration) together.

Labour Inspection Convention, 1947 (No. 81) and Labour Inspection (Agriculture) Convention, 1969 (No. 129)

Article 3 of Convention No. 81 and Article 6 of Convention No. 129. Functions of labour inspectors. The Government indicates in its report that the form used during inspections is currently under review in order to include emerging issues such as migration, sexual harassment and general decent work deficits, among other issues. The Committee takes note of this initiative and refers to its 2022 comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) in which the Committee requested the Government to step up its efforts to increase the capacity of labour inspectors, to prevent, identify and address cases of discrimination in employment and occupation, including sexual harassment. The Committee requests the Government to continue to provide information on the development of a new inspection form and to provide a copy once adopted.

Article 4 of Convention No. 81 and Article 7 of Convention No. 129. Structure of labour inspection system. Central authority entrusted with control and supervisory powers. In reply to Committee’s previous request, the Government indicates that the labour inspection system operates at three levels i.e. district level, regional level and headquarters level. The Committee notes that labour inspections are conducted by labour officers/inspectors who fall under the Department of Labour Services of the Ministry of Labour and are present at all levels, and specialized occupational safety and health (OSH) inspectors who are under the Directorate of Occupational Safety and Health of the Ministry of Labour and are present at regional and headquarters level. The Government indicates that field officers who perform inspections report to the Regional Labour Officer who reports to the Labour Commissioner every three months. The Committee notes the Government’s indication that the Ministry of Labour has embarked on a comprehensive functional review of its structure which will aim to establish a stand-alone labour inspectorate department. The Committeerequests the Government to provide information on the developments concerning the functional review of the Ministry, including on the new structure of the labour inspection system and the way it is ensured that a central authority is entrusted with control and supervisory powers in the labour inspection system.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Status and conditions of service. In reply to Committee’s previous request, the Government indicates that labour officers/inspectors are part of the civil service and are thus governed by the Malawi Public Service Regulations. In this respect, the Committee takes note of the detailed information provided regarding their recruitment process, including their selection and appointment. With regard to qualifications, the Government indicates that labour officers/inspectors are recruited from various disciplines at bachelor’s degree level. In addition, OSH inspectors/officers are recruited from the following disciplines at bachelor’s degree level: Chemistry, Biology, Mechanical Engineering, Civil Engineering, Electrical Engineering, Public Health and Environmental Health. Taking note of this information, the Committee requests the Government to provide further information on the conditions of service of labour inspectors, particularly related to remuneration (including salary and benefits) and career prospects, in comparison to public servants exercising similar functions within other government services, such as tax inspectors and police.

Article 7 of Convention No. 81 and Article 9 of Convention No. 129. Recruitment, qualifications and training of labour inspectors. The Committee notes that the Government provides detailed information on the training provided to newly recruited labour inspectors, including by the Africa Regional Labour Administration Centre for the period 2018–23, the subjects covered, number of participants, and dates of sessions. It also notes the Government’s indication that some labour inspectors would be trained on strategic compliance planning with funding from the ILO. However, the Committee notes that the Government does not provide information on the provision of training for labour inspectors in the agricultural sector in particular. The Committee once again requests the Government to provide information on the provision of adequate training for labour inspectors for the performance of their duties in the agricultural sector.

Articles 10 and 11 of Convention No. 81 and Articles 14 and 15 of Convention No. 129. Adequate human and material resources. In reply to the Committee’s previous request, the Government indicates that there are ten OSH inspectors: three based at the head office, three based at the Central Region Office, two at the Northern Region Office and two at the Southern Region Office, while there are no OSH inspectors at district level. The Committee notes that there is only one woman among the ten OSH inspectors. With regard to labour officers/inspectors, the Government indicates that there are 77 officers (27 of them are women), spread throughout the country including at district level. With regard to material resources, the Committee notes that the Government has provided general information on resources placed at the disposal of labour administration in its report under Convention No. 150, but no information is available specifically with regard to labour inspection. The Committee requests the Government to continue to provide detailed information on the number of OSH and labour inspectors, disaggregated by gender, and provide specific information on the number of inspectors assigned to the agricultural sector. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that the labour inspection services have sufficient human resources necessary for their operation, including measures taken to increase the number of OSH inspectors. The Committee requests the Government to provide detailed information with regard to material resources allocated to the labour inspectorate (including its budget, IT equipment, vehicles available, etc.) and to indicate the measures taken or envisaged to ensure that the labour inspection services have sufficient material resources necessary for their operation.

Labour Administration Convention, 1978 (No. 150)

Articles 1 and 4 of the Convention. Organization, and effective operation of the labour administration system. The Committee notes that the Government does not provide information with regard to functional review of the Ministry of Labour. The Committee requests the Government to provide information concerning the organization and effective operation of the labour administration system, in the context of the functional review of the Ministry of Labour.

Article 6(1) and (2)(a). National labour policy and national employment policy. In its previous comments, the Committee noted the adoption, in 2017, of the National Employment and Labour Policy and requested the Government to provide information on its implementation. The Committee notes that the Government’s report does not contain information in this respect. The Committee requests the Government to provide information on the administration, co-ordination, checking and review of the National Employment and Labour Policy, as well as on any new policy subsequently adopted, indicating the role of the relevant bodies involved in the process.

Article 10. Human resources and material means necessary for the operation of the labour administration system. In reply to the Committee’s previous request, the Government indicates that there are currently 723 staff exercising functions in the area of labour administration within the Ministry of Labour. These include labour officer/inspectors, workers compensation officers, occupational, safety and health officers, research and planning officers and trade testing officers. The Committee notes that the Government provides monthly funding to these officers to execute their day-to-day duties, which includes stationery and fuel, among others. However, due to low funding levels, the Government indicates that development partners, through various projects, often provide a cushion to ensure that performance levels are not heavily affected, although mobility challenges prevail. The Committee requests the Government to continue its efforts to reinforce the material and financial resources made available to the labour administration services and to provide more information on the material means currently available to labour administration staff for the performance of their duties. Regarding resources allocated to labour inspection in particular, the Committee refers the Government to its comments above concerning Articles 10 and 11 of Convention No. 81 and Articles 14 and 15 of Convention No. 129.

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Previous comment

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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The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection and labour administration, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection), 129 (labour inspection in agriculture) and 150 (labour administration) together.

A.Labour inspection

Articles 4, 6, 7, 10 and 11 of the Convention No. 81 and Articles 7, 8, 9, 14 and 15 of the Convention No. 129. Establishment of a central authority entrusted with control and supervisory powers in the labour inspection system. Adequate human and material resources. The Committee previously requested the Government to take measures to secure an inspection system operating under the supervision and control of a central authority that is provided with adequate human resources in terms of both numbers and skills and the material conditions necessary for the exercise of its functions. The Committee notes the Government’s response in its report that in 2016, 22 labour inspectors were recruited and have been deployed to various district labour offices in the country. The Committee also notes the Government’s indication in its report on Convention No. 150 that trainings have been provided to newly recruited and existing staff on labour inspection issues. It further notes that the Government is seeking technical assistance from the ILO with a view to providing the newly recruited labour inspectors with basic labour inspection training. In addition, it notes that some staff underwent training on the ILO approach to strategic compliance model planning. The Committee requests the Government to provide information on the structure of the labour inspection system, including an organizational chart, if available, and to provide information on the status and conditions of services of labour inspectors including recruitment procedures, qualifications for the positions, and status in comparison to other civil servants. The Committee further encourages the Government to pursue its efforts towards strategic planning and ensuring that the labour inspectorate has the human and material resources necessary for the effective performance of its duties. It requests the Government to provide information on measures taken in this regard and to provide information on the total number of labour inspectors, their distribution across districts, and the training provided to them, including dates and subjects covered for each training session and number of inspectors attending each session. The Committee notes the Government’s request for technical assistance from the Office and firmly hopes that this assistance will be provided in the near future.

Articles 14, 20 and 21 of the Convention No. 81 and Articles 19, 26 and 27 of the Convention No. 129. Annual report on labour inspection activities notification of occupational accidents and diseases to the labour inspection services. The Committee notes the Government’s indication in response to its previous request concerning the inclusion of information on the agricultural sector in the annual labour inspection report, that the general annual labour report is published without specifying inspections undertaken in the agricultural sector. The Government indicates that statistics on agricultural undertakings liable to inspection and on the number of workers in the sector are not up to date and that there are no reliable statistics on the number of inspections carried out in agriculture. The Committee also takes due note of the statistical information provided by the Government, in its report related to occupational accidents and occupational safety and health violations, indicating that the majority of accidents in the 2016–2017 and 2017–2018 financial years, occurred in the manufacturing industry and the tobacco farming sector. The Government also indicates that only one suspected occupational disease in the tobacco industry was reported to the Directorate of Occupational Safety and Health within the 2017/2018 financial year. Noting the Government’s indication that an annual labour inspection report is published, the Committee requests the Government to ensure that the report is transmitted to the ILO, in accordance withArticles 20 of Convention No. 81 and 26 of Convention No. 129,The Committee encourages the Government to pursue its efforts to ensure that future annual inspection reports contain complete information on all the subjects listed in Articles 21 of Convention No. 81 and 27 of Convention No. 129, including the number of inspections carried out in the agricultural sector. It also encourages the Government to provide information on any measures taken or envisaged 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.

Issues specifically concerning labour inspection in agriculture

Articles 3, 6, 9 and 21 of Convention No. 129. Functions of the labour inspection system in agriculture, training of labour inspectors in agriculture and inspection visits. In its previous comment, the Committee noted that the agricultural sector provided a livelihood to 80 per cent of the population.The Committee notes the Government’s indication that there are no reliable statistics on the number of inspections carried out in agriculture and that in the recent past, there have been no violations detected and no penalties imposed. It notes, however, the Government’s indication that from 2016 to 2018, the agricultural sector (tobacco) reported the third most occupational accidents, after manufacturing and construction. Noting the significant proportion of workers engaged in the agricultural sector, the Committee requests the Government to provide further information on the measures taken to strengthen the labour inspection system in agriculture, with particular attention to the tobacco sector. It requests the Government to provide information on the provision of adequate training for labour inspectors for the performance of their duties in the agricultural sector as well as on the measures taken to 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 legislation.

B.Labour administration

Labour Administration Convention, 1978 (No. 150)

Articles 1, 4, 5 and 6 of the Convention. Organization, functioning of the labour administration system and preparation of a national labour policy. The Committee previously requested information on the progress made in the adoption of the national employment and labour policy. In this respect, the Committee notes with interest the adoption, in 2017, of the National Employment and Labour Policy. The Committee notes that the policy was developed in consultation with the social partners and that it aims to provide a framework to promote productive and decent employment in the economy and increase compliance with labour standards by employers, investors and workers. It focuses on ten priority areas. The Committee further notes the organizational chart of the labour administration system provided by the Government with its report, in response to the Committee’s previous request. Lastly, it notes the Government’s indication, in response to the Committee’s previous request, that a functional review of the Ministry of Labour has yet to be done and that it will inform the Office accordingly. The Committee requests the Government to continue to provide information on any measures taken or envisaged with a view to undertaking a functional review of the Ministry of Labour and to provide information on the implementation of the National Employment and Labour Policy

Article 5. Consultation, cooperation and tripartite negotiation in the context of the labour administration system. The Committee notes the information provided by the Government concerning consultations with the social partners related to the National Employment and Labour Policy. The Committee also notes the information provided by the Government in its report on the application of Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), on tripartite consultations on international labour standards. In this respect, it refers to its observations on the application of Convention No. 144.

Article 10. Human resources and material means necessary for the operation of the labour administration system. Following its previous comment, the Committee notes the Government’s indication that the labour administration is present in the 29 districts of the country, which facilitates the population’s access to labour administration services. The Committee notes that, for the 2018/2019 financial years, two training courses varying from 3 to 5 days were provided to officers of the labour administration with technical and financial assistance from the ILO Country Office and the Decent Work Team in Pretoria. In this regard, it notes that trainings have also been provided to newly recruited and existing staff of the labour administration on the following areas: child labour, conflict management and settlement of labour complaints and disputes, labour inspection, management of public employment services and overview of labour laws. The Committee further notes the detailed information provided concerning the financial resources available to the labour administration staff for the performance of their duties during the 2017/2018 and 2018/2019 financial years. The Committee requests the Government to provide information on the number of staff exercising functions in the area of labour administration and to provide further information on the material means currently available to labour administration staff for the performance of their duties.

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection and labour administration, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection), 129 (labour inspection in agriculture) and 150 (labour administration) together.

A. Labour inspection

Articles 4, 6, 7, 10 and 11 of the Convention No. 81 and Articles 7, 8, 9, 14 and 15 of the Convention No. 129. Establishment of a central authority entrusted with control and supervisory powers in the labour inspection system. Adequate human and material resources. The Committee previously requested the Government to take measures to secure an inspection system operating under the supervision and control of a central authority that is provided with adequate human resources in terms of both numbers and skills and the material conditions necessary for the exercise of its functions. The Committee notes the Government’s response in its report that in 2016, 22 labour inspectors were recruited and have been deployed to various district labour offices in the country. The Committee also notes the Government’s indication in its report on Convention No. 150 that trainings have been provided to newly recruited and existing staff on labour inspection issues. It further notes that the Government is seeking technical assistance from the ILO with a view to providing the newly recruited labour inspectors with basic labour inspection training. In addition, it notes that some staff underwent training on the ILO approach to strategic compliance model planning. The Committee requests the Government to provide information on the structure of the labour inspection system, including an organizational chart, if available, and to provide information on the status and conditions of services of labour inspectors including recruitment procedures, qualifications for the positions, and status in comparison to other civil servants. The Committee further encourages the Government to pursue its efforts towards strategic planning and ensuring that the labour inspectorate has the human and material resources necessary for the effective performance of its duties. It requests the Government to provide information on measures taken in this regard and to provide information on the total number of labour inspectors, their distribution across districts, and the training provided to them, including dates and subjects covered for each training session and number of inspectors attending each session. The Committee notes the Government’s request for technical assistance from the Office and firmly hopes that this assistance will be provided in the near future.

Articles 14, 20 and 21 of the Convention No. 81 and Articles 19, 26 and 27 of the Convention No. 129. Annual report on labour inspection activities notification of occupational accidents and diseases to the labour inspection services. The Committee notes the Government’s indication in response to its previous request concerning the inclusion of information on the agricultural sector in the annual labour inspection report, that the general annual labour report is published without specifying inspections undertaken in the agricultural sector. The Government indicates that statistics on agricultural undertakings liable to inspection and on the number of workers in the sector are not up to date and that there are no reliable statistics on the number of inspections carried out in agriculture. The Committee also takes due note of the statistical information provided by the Government, in its report related to occupational accidents and occupational safety and health violations, indicating that the majority of accidents in the 2016–2017 and 2017–2018 financial years, occurred in the manufacturing industry and the tobacco farming sector. The Government also indicates that only one suspected occupational disease in the tobacco industry was reported to the Directorate of Occupational Safety and Health within the 2017/2018 financial year. Noting the Government’s indication that an annual labour inspection report is published, the Committee requests the Government to ensure that the report is transmitted to the ILO, in accordance with Articles 20 of Convention No. 81 and 26 of Convention No. 129, The Committee encourages the Government to pursue its efforts to ensure that future annual inspection reports contain complete information on all the subjects listed in Articles 21 of Convention No. 81 and 27 of Convention No. 129, including the number of inspections carried out in the agricultural sector. It also encourages the Government to provide information on any measures taken or envisaged 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.

Issues specifically concerning labour inspection in agriculture

Articles 3, 6, 9 and 21 of Convention No. 129. Functions of the labour inspection system in agriculture, training of labour inspectors in agriculture and inspection visits. In its previous comment, the Committee noted that the agricultural sector provided a livelihood to 80 per cent of the population. The Committee notes the Government’s indication that there are no reliable statistics on the number of inspections carried out in agriculture and that in the recent past, there have been no violations detected and no penalties imposed. It notes, however, the Government’s indication that from 2016 to 2018, the agricultural sector (tobacco) reported the third most occupational accidents, after manufacturing and construction. Noting the significant proportion of workers engaged in the agricultural sector, the Committee requests the Government to provide further information on the measures taken to strengthen the labour inspection system in agriculture, with particular attention to the tobacco sector. It requests the Government to provide information on the provision of adequate training for labour inspectors for the performance of their duties in the agricultural sector as well as on the measures taken to 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 legislation.

B. Labour administration

Labour Administration Convention, 1978 (No. 150)

Articles 1, 4, 5 and 6 of the Convention. Organization, functioning of the labour administration system and preparation of a national labour policy. The Committee previously requested information on the progress made in the adoption of the national employment and labour policy. In this respect, the Committee notes with interest the adoption, in 2017, of the National Employment and Labour Policy. The Committee notes that the policy was developed in consultation with the social partners and that it aims to provide a framework to promote productive and decent employment in the economy and increase compliance with labour standards by employers, investors and workers. It focuses on ten priority areas. The Committee further notes the organizational chart of the labour administration system provided by the Government with its report, in response to the Committee’s previous request. Lastly, it notes the Government’s indication, in response to the Committee’s previous request, that a functional review of the Ministry of Labour has yet to be done and that it will inform the Office accordingly. The Committee requests the Government to continue to provide information on any measures taken or envisaged with a view to undertaking a functional review of the Ministry of Labour and to provide information on the implementation of the National Employment and Labour Policy

Article 5. Consultation, cooperation and tripartite negotiation in the context of the labour administration system. The Committee notes the information provided by the Government concerning consultations with the social partners related to the National Employment and Labour Policy. The Committee also notes the information provided by the Government in its report on the application of Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), on tripartite consultations on international labour standards. In this respect, it refers to its observations on the application of Convention No. 144.

Article 10. Human resources and material means necessary for the operation of the labour administration system. Following its previous comment, the Committee notes the Government’s indication that the labour administration is present in the 29 districts of the country, which facilitates the population’s access to labour administration services. The Committee notes that, for the 2018/2019 financial years, two training courses varying from 3 to 5 days were provided to officers of the labour administration with technical and financial assistance from the ILO Country Office and the Decent Work Team in Pretoria. In this regard, it notes that trainings have also been provided to newly recruited and existing staff of the labour administration on the following areas: child labour, conflict management and settlement of labour complaints and disputes, labour inspection, management of public employment services and overview of labour laws. The Committee further notes the detailed information provided concerning the financial resources available to the labour administration staff for the performance of their duties during the 2017/2018 and 2018/2019 financial years. The Committee requests the Government to provide information on the number of staff exercising functions in the area of labour administration and to provide further information on the material means currently available to labour administration staff for the performance of their duties.

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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 and labour administration, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection), 129 (labour inspection in agriculture) and 150 (labour administration) together.

A. Labour Inspection

Articles 4, 6, 7, 10 and 11 of the Convention No. 81 and Articles 7, 8, 9, 14 and 15 of the Convention No. 129. Establishment of a central authority entrusted with control and supervisory powers in the labour inspection system. Adequate human and material resources. The Committee previously requested the Government to take measures to secure an inspection system operating under the supervision and control of a central authority that is provided with adequate human resources in terms of both numbers and skills and the material conditions necessary for the exercise of its functions. The Committee notes the Government’s response in its report that in 2016, 22 labour inspectors were recruited and have been deployed to various district labour offices in the country. The Committee also notes the Government’s indication in its report on Convention No. 150 that trainings have been provided to newly recruited and existing staff on labour inspection issues. It further notes that the Government is seeking technical assistance from the ILO with a view to providing the newly recruited labour inspectors with basic labour inspection training. In addition, it notes that some staff underwent training on the ILO approach to strategic compliance model planning. The Committee requests the Government to provide information on the structure of the labour inspection system, including an organizational chart, if available, and to provide information on the status and conditions of services of labour inspectors including recruitment procedures, qualifications for the positions, and status in comparison to other civil servants. The Committee further encourages the Government to pursue its efforts towards strategic planning and ensuring that the labour inspectorate has the human and material resources necessary for the effective performance of its duties. It requests the Government to provide information on measures taken in this regard and to provide information on the total number of labour inspectors, their distribution across districts, and the training provided to them, including dates and subjects covered for each training session and number of inspectors attending each session. The Committee notes the Government’s request for technical assistance from the Office and firmly hopes that this assistance will be provided in the near future.

Articles 14, 20 and 21 of the Convention No. 81 and Articles 19, 26 and 27 of the Convention No. 129. Annual report on labour inspection activities notification of occupational accidents and diseases to the labour inspection services. The Committee notes the Government’s indication in response to its previous request concerning the inclusion of information on the agricultural sector in the annual labour inspection report, that the general annual labour report is published without specifying inspections undertaken in the agricultural sector. The Government indicates that statistics on agricultural undertakings liable to inspection and on the number of workers in the sector are not up to date and that there are no reliable statistics on the number of inspections carried out in agriculture. The Committee also takes due note of the statistical information provided by the Government, in its report related to occupational accidents and occupational safety and health violations, indicating that the majority of accidents in the 2016–2017 and 2017–2018 financial years, occurred in the manufacturing industry and the tobacco farming sector. The Government also indicates that only one suspected occupational disease in the tobacco industry was reported to the Directorate of Occupational Safety and Health within the 2017/2018 financial year. Noting the Government’s indication that an annual labour inspection report is published, the Committee requests the Government to ensure that the report is transmitted to the ILO, in accordance with Articles 20 of Convention No. 81 and 26 of Convention No. 129, The Committee encourages the Government to pursue its efforts to ensure that future annual inspection reports contain complete information on all the subjects listed in Articles 21 of Convention No. 81 and 27 of Convention No. 129, including the number of inspections carried out in the agricultural sector. It also encourages the Government to provide information on any measures taken or envisaged 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.

Issues specifically concerning labour inspection in agriculture

Articles 3, 6, 9 and 21 of Convention No. 129. Functions of the labour inspection system in agriculture, training of labour inspectors in agriculture and inspection visits. In its previous comment, the Committee noted that the agricultural sector provided a livelihood to 80 per cent of the population. The Committee notes the Government’s indication that there are no reliable statistics on the number of inspections carried out in agriculture and that in the recent past, there have been no violations detected and no penalties imposed. It notes, however, the Government’s indication that from 2016 to 2018, the agricultural sector (tobacco) reported the third most occupational accidents, after manufacturing and construction. Noting the significant proportion of workers engaged in the agricultural sector, the Committee requests the Government to provide further information on the measures taken to strengthen the labour inspection system in agriculture, with particular attention to the tobacco sector. It requests the Government to provide information on the provision of adequate training for labour inspectors for the performance of their duties in the agricultural sector as well as on the measures taken to 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 legislation.

B. Labour Administration

Labour Administration Convention, 1978 (No. 150)

Articles 1, 4, 5 and 6 of the Convention. Organization, functioning of the labour administration system and preparation of a national labour policy. The Committee previously requested information on the progress made in the adoption of the national employment and labour policy. In this respect, the Committee notes with interest the adoption, in 2017, of the National Employment and Labour Policy. The Committee notes that the policy was developed in consultation with the social partners and that it aims to provide a framework to promote productive and decent employment in the economy and increase compliance with labour standards by employers, investors and workers. It focuses on ten priority areas. The Committee further notes the organizational chart of the labour administration system provided by the Government with its report, in response to the Committee’s previous request. Lastly, it notes the Government’s indication, in response to the Committee’s previous request, that a functional review of the Ministry of Labour has yet to be done and that it will inform the Office accordingly. The Committee requests the Government to continue to provide information on any measures taken or envisaged with a view to undertaking a functional review of the Ministry of Labour and to provide information on the implementation of the National Employment and Labour Policy

Article 5. Consultation, cooperation and tripartite negotiation in the context of the labour administration system. The Committee notes the information provided by the Government concerning consultations with the social partners related to the National Employment and Labour Policy. The Committee also notes the information provided by the Government in its report on the application of Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), on tripartite consultations on international labour standards. In this respect, it refers to its observations on the application of Convention No. 144.

Article 10. Human resources and material means necessary for the operation of the labour administration system. Following its previous comment, the Committee notes the Government’s indication that the labour administration is present in the 29 districts of the country, which facilitates the population’s access to labour administration services. The Committee notes that, for the 2018/2019 financial years, two training courses varying from 3 to 5 days were provided to officers of the labour administration with technical and financial assistance from the ILO Country Office and the Decent Work Team in Pretoria. In this regard, it notes that trainings have also been provided to newly recruited and existing staff of the labour administration on the following areas: child labour, conflict management and settlement of labour complaints and disputes, labour inspection, management of public employment services and overview of labour laws. The Committee further notes the detailed information provided concerning the financial resources available to the labour administration staff for the performance of their duties during the 2017/2018 and 2018/2019 financial years. The Committee requests the Government to provide information on the number of staff exercising functions in the area of labour administration and to provide further information on the material means currently available to labour administration staff for the performance of their duties.

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The Committee notes with regret that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2015.

Repetition

The Committee refers to its comments in relation to Articles 4, 6, 7, 10 and 11 of the Labour Inspection Convention, 1947 (No. 81), in so far as they concern the application of the corresponding Articles of the present Convention (Articles 7, 8, 9, 14 and 15). In addition, the Committee wishes to raise the following points.

Articles 26 and 27 of the Convention. Annual report on labour inspection (agriculture). The Committee notes the Government’s statement that it intends to publish an annual report on the work of labour inspection in agriculture as part of its annual general report. The Committee encourages the Government to pursue its efforts to publish an annual labour inspection report on the work of the inspection services in agriculture and to take the necessary measures to ensure that the report contains the elements set out in Article 27, such as agricultural undertakings liable to inspection, number of inspections therein, violations detected and the legal provisions to which they relate.

Application in practice. The Committee notes the statement in Malawi’s Decent Work Country Programme (DWCP) 2011–16 that the agricultural sector is the mainstay of the economy, providing a livelihood to 80 per cent of the population. It also notes that one of the strategies for the DWCP is the improved implementation of the Convention, as well as Convention No. 81. Noting the significant proportion of workers engaged in the agricultural sector, the Committee requests the Government to provide information on the measures taken, within the framework of the DWCP 2011–16, to improve the implementation of the Convention in practice.

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

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The Committee refers to its comments in relation to Articles 4, 6, 7, 10 and 11 of the Labour Inspection Convention, 1947 (No. 81), in so far as they concern the application of the corresponding Articles of the present Convention (Articles 7, 8, 9, 14 and 15). In addition, the Committee wishes to raise the following points.

Articles 26 and 27 of the Convention. Annual report on labour inspection (agriculture). The Committee notes the Government’s statement that it intends to publish an annual report on the work of labour inspection in agriculture as part of its annual general report. The Committee encourages the Government to pursue its efforts to publish an annual labour inspection report on the work of the inspection services in agriculture and to take the necessary measures to ensure that the report contains the elements set out in Article 27, such as agricultural undertakings liable to inspection, number of inspections therein, violations detected and the legal provisions to which they relate.

Application in practice. The Committee notes the statement in Malawi’s Decent Work Country Programme (DWCP) 2011–16 that the agricultural sector is the mainstay of the economy, providing a livelihood to 80 per cent of the population. It also notes that one of the strategies for the DWCP is the improved implementation of the Convention, as well as Convention No. 81. Noting the significant proportion of workers engaged in the agricultural sector, the Committee requests the Government to provide information on the measures taken, within the framework of the DWCP 2011–16, to improve the implementation of the Convention in practice.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous comments.

Repetition

The Committee refers to its comments under the Labour Inspection Convention, 1947 (No. 81), in so far as they concern the application of the present Convention.

Article 7 of the Convention. Need to re-establish a central authority entrusted with control and supervisory powers over the labour inspection system in agriculture. The Committee notes the information already provided by the Government in its report under Convention No. 81, according to which a Chief Labour Officer has recently been appointed to head and coordinate the Inspectorate Department at the Ministry of Labour. According to the Government, this appointment has been made in response to the recommendations made following an ILO technical assistance mission in 2006 (labour inspection audit 2006). The Committee refers to its previous observations made under Conventions Nos 81 and 129, particularly the need to re-establish a central labour inspection authority entrusted with the setting of annual targets and the monitoring of performance throughout the structures of the labour inspectorate, as well as the determination of the needs in terms of financial and material resources with a view to their proper operation. It further recalls that the recommendations in the labour inspection audit 2006 included the need to strengthen the labour inspection system in agricultural undertakings with a view to securing decent work in the most attractive sector in the country for foreign investments.

Referring to its reiterated requests in this regard and its comments under Convention No. 81, the Committee asks the Government, once again, to provide details of the measures announced as a follow-up to the recommendations in the labour inspection audit 2006, and to keep the ILO informed of any measures envisaged or taken for their implementation, in so far as they relate to labour inspection in agriculture.

The Committee also once again asks the Government to adopt all measures that are essential to securing a labour inspection system in agriculture under the supervision and control of the central authority that is provided with human resources and material conditions of work adapted to the specific needs of the agricultural sector; and to provide information on any developments in this regard.

Articles 26 and 27. Annual report on labour inspection activities. While observing that the Government has again not communicated an annual report or any statistics on the activities of the labour inspectorate in agriculture, the Committee notes that, according to the Government, the annual labour inspection report will soon be published and communicated to the ILO, and that this will contain information on the work of the labour inspectorate in agriculture. The Committee requests the Government to make every effort to enable the central labour authority to publish and communicate an annual labour inspection report covering labour inspection in agriculture and to indicate the measures taken in this regard. It requests the Government in any event to provide with its next report statistical information that is as detailed as possible (agricultural workplaces liable to inspection, number of inspections therein, infringements detected and the legal provisions to which they relate, etc.).

Labour inspection activities targeting child labour. The Committee notes that, according to the Child Labour National Action Plan of the Ministry of Labour for 2009–16 and communicated with the Government’s report under the Minimum Age Convention, 1973 (No. 138), an estimated 1.4 million children were involved in child labour in Malawi, with 52 per cent working in the agricultural sector. The Committee asks the Government, once again, to provide information on inspection activities in the area of combating child labour.

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

CMNT_TITLE

The Committee refers to its comments under the Labour Inspection Convention, 1947 (No. 81), in so far as they concern the application of the present Convention.

Article 7 of the Convention. Need to re-establish a central authority entrusted with control and supervisory powers over the labour inspection system in agriculture. The Committee notes the information already provided by the Government in its report under Convention No. 81, according to which a Chief Labour Officer has recently been appointed to head and coordinate the Inspectorate Department at the Ministry of Labour. According to the Government, this appointment has been made in response to the recommendations made following an ILO technical assistance mission in 2006 (labour inspection audit 2006). The Committee refers to its previous observations made under Convention Nos 81 and 129, particularly the need to re-establish a central labour inspection authority entrusted with the setting of annual targets and the monitoring of performance throughout the structures of the labour inspectorate, as well as the determination of the needs in terms of financial and material resources with a view to their proper operation. It further recalls that the recommendations in the labour inspection audit 2006 included the need to strengthen the labour inspection system in agricultural undertakings with a view to securing decent work in the most attractive sector in the country for foreign investments.

Referring to its reiterated requests in this regard and its comments under Convention No. 81, the Committee asks the Government, once again, to provide details of the measures announced as a follow-up to the recommendations in the labour inspection audit 2006, and to keep the ILO informed of any measures envisaged or taken for their implementation, in so far as they relate to labour inspection in agriculture.

The Committee also once again asks the Government to adopt all measures that are essential to securing a labour inspection system in agriculture under the supervision and control of the central authority that is provided with human resources and material conditions of work adapted to the specific needs of the agricultural sector; and to keep the ILO informed of any developments in this regard.

Articles 26 and 27. Annual report on labour inspection activities. While observing that the Government has again not communicated an annual report or any statistics on the activities of the labour inspectorate in agriculture, the Committee notes that, according to the Government, the annual labour inspection report will soon be published and communicated to the ILO, and that this will contain information on the work of the labour inspectorate in agriculture. The Committee requests the Government to make every effort to enable the central labour authority to publish and communicate to the ILO an annual labour inspection report covering labour inspection in agriculture and to indicate the measures taken in this regard. It requests the Government in any event to provide with its next report statistical information that is as detailed as possible (agricultural workplaces liable to inspection, number of inspections therein, infringements detected and the legal provisions to which they relate, etc.).

Labour inspection activities targeting child labour. The Committee notes that, according to the Child Labour National Action Plan of the Ministry of Labour for 2009–16 and communicated with the Government’s report under the Minimum Age Convention, 1973 (No. 138), an estimated 1.4 million children were involved in child labour in Malawi, with 52 per cent working in the agricultural sector. The Committee asks the Government, once again, to provide information on inspection activities in the area of combating child labour.

CMNT_TITLE

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

Repetition

The Committee draws the Government’s attention to its observation under the Labour Inspection Convention, 1947 (No. 81), and asks it to provide the ILO with information relating to the points raised as far as they also concern the present Convention.

Article 7 of the Convention. Need to re-establish a central authority entrusted with control and supervisory powers over the labour inspection system in agriculture. With reference in particular to the indication by the Government that the budgeting and funding of labour inspection is decentralized in such manner that officers with motorcycles or motor vehicles take care of the fuel and maintenance, and the Ministry only receives reports on the activities performed, the Committee would like to emphasize the overall crucial importance for labour inspectors to have at their disposal appropriate transport facilities to be in a position to perform their duties in most undertakings liable to labour inspection. Taking into consideration that agriculture is the major economic sector of the country, the Committee notes with concern, according to the description by the Government of the way that decentralization operates, that it is not the obligation of the Government to provide for appropriate conditions of work for labour inspectors in agriculture, as this is left to the discretion of each district authority. As emphasized in the observation under Convention No. 81, the allocation to the labour inspectorates of material means and financial resources should not be determined by decentralized labour administration authorities, but by taking into account nationwide labour inspection priorities and national economic and financial possibilities. Only if the central labour inspection authority is entrusted with the powers laid down in the Convention can the Government fulfil its commitments, including the obligation to ensure the publication of an annual inspection report containing the information required by Article 27 in order to give the central authority the necessary basis for the identification of the priority actions to be undertaken. The Committee also draws the Government’s attention to the specific recommendation made by the ILO technical assistance mission which visited the country in 2006 concerning the need to strengthen the labour inspection system in agricultural undertakings with a view to securing decent work in the most attractive sector in the country for foreign investments.

The Committee is bound to urge the Government, in the light of the above: to provide details of the progress achieved in the implementation of the measures announced in its report to follow up the recommendations of the ILO technical mission, in so far as they relate to labour inspection in agriculture; to provide copies of all relevant texts or documents and to adopt all measures that are essential to secure a labour inspection system in agriculture under the supervision and control of the central authority that is provided with human resources and material conditions of work adapted to the specific needs of the agricultural sector (Articles 8, 9, 14 and 15); and to keep the ILO informed of any developments in this regard. It also urges the Government to send a copy of any relevant legal texts and documents.

The Committee notes with concern that the statistics of inspection visits covering all sectors of the economy published in the Labour Statistics Yearbook show a significant decrease (from 3,043 in 2006 to 1,088 in 2007). The Committee recalls in this respect the requirements for the publication and communication to the ILO of an annual report on labour inspection activities, as provided for in Article 26, containing information on each of the topics listed in Article 27 relating to labour inspection in agricultural undertakings. The Committee observes that the above statistics do not allow any appraisal of the extent to which the decrease in inspection visits affects the application of the Convention. The Committee therefore asks the Government to provide any available statistics on the types of agricultural undertakings and legal areas targeted by the inspections and the results achieved during the period covered by the next report.

Labour inspection activities targeting child labour. The Committee notes the Government’s indication that, instead of the target of 1,500, a total of 3,000 children were removed from employment in the framework of the ILO–IPEC programme. The Committee would be grateful if the Government would indicate the role played by labour inspectors in this regard.

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

CMNT_TITLE

The Committee notes that the Government’s report contains no reply to its previous comments. It is therefore bound to repeat its previous observation, which read as follows:

Repetition

The Committee draws the Government’s attention to its observation under the Labour Inspection Convention, 1947 (No. 81), and asks it to provide the ILO with information relating to the points raised as far as they also concern the present Convention.

Article 7 of the Convention. Need to re-establish a central authority entrusted with control and supervisory powers over the labour inspection system in agriculture. With reference in particular to the indication by the Government that the budgeting and funding of labour inspection is decentralized in such manner that officers with motorcycles or motor vehicles take care of the fuel and maintenance, and the Ministry only receives reports on the activities performed, the Committee would like to emphasize the overall crucial importance for labour inspectors to have at their disposal appropriate transport facilities to be in a position to perform their duties in most undertakings liable to labour inspection. Taking into consideration that agriculture is the major economic sector of the country, the Committee notes with concern, according to the description by the Government of the way that decentralization operates, that it is not the obligation of the Government to provide for appropriate conditions of work for labour inspectors in agriculture, as this is left to the discretion of each district authority. As emphasized in the observation under Convention No. 81, the allocation to the labour inspectorates of material means and financial resources should not be determined by decentralized labour administration authorities, but by taking into account nationwide labour inspection priorities and national economic and financial possibilities. Only if the central labour inspection authority is entrusted with the powers laid down in the Convention can the Government fulfil its commitments, including the obligation to ensure the publication of an annual inspection report containing the information required by Article 27 in order to give the central authority the necessary basis for the identification of the priority actions to be undertaken. The Committee also draws the Government’s attention to the specific recommendation made by the ILO technical assistance mission which visited the country in 2006 concerning the need to strengthen the labour inspection system in agricultural undertakings with a view to securing decent work in the most attractive sector in the country for foreign investments.

The Committee is bound to urge the Government, in the light of the above: to provide details of the progress achieved in the implementation of the measures announced in its report to follow up the recommendations of the ILO technical mission, in so far as they relate to labour inspection in agriculture; to provide copies of all relevant texts or documents and to adopt all measures that are essential to secure a labour inspection system in agriculture under the supervision and control of the central authority that is provided with human resources and material conditions of work adapted to the specific needs of the agricultural sector (Articles 8, 9, 14 and 15); and to keep the ILO informed of any developments in this regard. It also urges the Government to send a copy of any relevant legal texts and documents.

The Committee notes with concern that the statistics of inspection visits covering all sectors of the economy published in the Labour Statistics Yearbook show a significant decrease (from 3,043 in 2006 to 1,088 in 2007). The Committee recalls in this respect the requirements for the publication and communication to the ILO of an annual report on labour inspection activities, as provided for in Article 26, containing information on each of the topics listed in Article 27 relating to labour inspection in agricultural undertakings. The Committee observes that the above statistics do not allow any appraisal of the extent to which the decrease in inspection visits affects the application of the Convention. The Committee therefore asks the Government to provide any available statistics on the types of agricultural undertakings and legal areas targeted by the inspections and the results achieved during the period covered by the next report.

Labour inspection activities targeting child labour. The Committee notes the Government’s indication that, instead of the target of 1,500, a total of 3,000 children were removed from employment in the framework of the ILO–IPEC programme. The Committee would be grateful if the Government would indicate the role played by labour inspectors in this regard.

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

CMNT_TITLE

The Committee draws the Government’s attention to its observation under the Labour Inspection Convention, 1947 (No. 81), and asks it to provide the ILO with information relating to the points raised as far as they also concern the present Convention.

Article 7 of the Convention. Need to re-establish a central authority entrusted with control and supervisory powers over the labour inspection system in agriculture. With reference in particular to the indication by the Government that the budgeting and funding of labour inspection is decentralized in such manner that officers with motorcycles or motor vehicles take care of the fuel and maintenance, and the Ministry only receives reports on the activities performed, the Committee would like to emphasize the overall crucial importance for labour inspectors to have at their disposal appropriate transport facilities to be in a position to perform their duties in most undertakings liable to labour inspection. Taking into consideration that agriculture is the major economic sector of the country, the Committee notes with concern, according to the description by the Government of the way that decentralization operates, that it is not the obligation of the Government to provide for appropriate conditions of work for labour inspectors in agriculture, as this is left to the discretion of each district authority. As emphasized in the observation under Convention No. 81, the allocation to the labour inspectorates of material means and financial resources should not be determined by decentralized labour administration authorities, but by taking into account nationwide labour inspection priorities and national economic and financial possibilities. Only if the central labour inspection authority is entrusted with the powers laid down in the Convention can the Government fulfil its commitments, including the obligation to ensure the publication of an annual inspection report containing the information required by Article 27 in order to give the central authority the necessary basis for the identification of the priority actions to be undertaken. The Committee also draws the Government’s attention to the specific recommendation made by the ILO technical assistance mission which visited the country in 2006 concerning the need to strengthen the labour inspection system in agricultural undertakings with a view to securing decent work in the most attractive sector in the country for foreign investments.

The Committee is bound to urge the Government, in the light of the above: to provide details of the progress achieved in the implementation of the measures announced in its report to follow up the recommendations of the ILO technical mission, in so far as they relate to labour inspection in agriculture; to provide copies of all relevant texts or documents and to adopt all measures that are essential to secure a labour inspection system in agriculture under the supervision and control of the central authority that is provided with human resources and material conditions of work adapted to the specific needs of the agricultural sector (Articles 8, 9, 14 and 15); and to keep the ILO informed of any developments in this regard. It also urges the Government to send a copy of any relevant legal texts and documents.

The Committee notes with concern that the statistics of inspection visits covering all sectors of the economy, published in the Labour Statistics Yearbook show a significant decrease (from 3,043 in 2006 to 1,088 in 2007). The Committee recalls in this respect the requirements for the publication and communication to the ILO of an annual report on labour inspection activities, as provided for in Article 26, containing information on each of the topics listed in Article 27 relating to labour inspection in agricultural undertakings. The Committee observes that the above statistics do not allow any appraisal of the extent to which the decrease in inspection visits affects the application of the Convention. The Committee therefore asks the Government to provide any available statistics on the types of agricultural undertakings and legal areas targeted by the inspections and the results achieved during the period covered by the next report.

Labour inspection activities targeting child labour. The Committee notes with interest the Government’s indication that, instead of the target of 1,500, a total of 3,000 children were removed from employment in the framework of the ILO–IPEC programme. The Committee would be grateful if the Government would indicate the role played by labour inspectors in this regard.

CMNT_TITLE

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:

With reference to its direct request under Convention No. 81, the Committee requests the Government to provide, in its report under the present Convention, the information sought in that direct request, in so far as it specifically concerns labour inspection in agricultural undertakings. The Government is also requested to provide additional information on the following points.

Training of labour inspectors, collaboration of technical experts and specialists. The Committee notes that inspectors covering agricultural undertakings are not specially trained for that purpose. It once again draws the Government’s attention to the requirements of the Convention in this respect and requests it to take the necessary measures to give full effect to Article 9 of the Convention, and particularly paragraph 3, under which labour inspectors in agriculture shall be adequately trained for the performance of their duties and measures shall be taken to give them appropriate further training in the course of their employment. The Committee urges the Government to take measures to ensure that duly qualified technical experts are associated in the work of labour inspection in agriculture in such manner as may be deemed most appropriate so as to help to solve problems demanding technical knowledge, in accordance with Article 11. The Committee hopes that relevant information will be provided by the Government in its next report.

Article 6, paragraph 1(b), of the Convention. Provision of technical information and advice to employers and workers. The Committee notes that one of the factors in the significant fall in occupational accidents in agriculture between 2000 and 2002 is the organization of reporting and awareness campaigns in the agricultural sector. The Committee would be grateful if the Government would provide information that is as detailed as possible on the campaigns organized in the agricultural sector (contents, means of communication used, duration, categories of undertakings and workers covered, etc.), and on the role played by labour inspectors in this respect.

Articles 26 and 27. General inspection report. The Committee notes that the Ministry of Labour and Vocational Training shall publish an annual report on the work of the inspection services in agriculture as part of its annual general report, and that it will contain all the information required in Article 27 of the Convention. The Committee expresses the firm hope that the Government will soon communicate such a report to the ILO and that its publication will enable the representative organizations of employers and workers to express their viewpoints on the functioning of labour inspection in the agricultural sector and on the means of improving its effectiveness.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It is therefore bound to repeat its previous observation on the following points:

The Committee notes the information provided by the Government in its report received in November 2005, and its comments in reply to the observations made by the Malawi Congress of Trade Unions (MCTU) on the application of the Convention, received by the ILO on 5 April 2005. With reference to its observation under Convention No. 81, the Committee requests the Government to provide information in its report under the present Convention on any measure adopted to give effect to the recommendations of the mission undertaken by the ILO’s Regional Office from 1 to 4 May 2006, in the context of the project to reinforce labour administration systems in the countries of southern Africa, in so far as such information relates specifically to labour inspection in agricultural undertakings.

1. Ineffectiveness of labour inspection. The Committee notes that, according to the MCTU, labour inspectors lack commitment in the area of enforcement, particularly in cases relating to the non-payment of wages in tobacco plantations and disparities in wages between men, women and young persons working in tea and tobacco estates.

The Committee notes that, according to the Government, differences in wages should be explained by the fact that men, women and young persons are not given work of equal value. The Committee requests the Government to indicate whether labour inspectors have had cause to examine complaints in this respect and, if so, to provide any relevant document, such as copies of inspection reports or correspondence addressed to the impugned employer or the workers who have made complaints. If not, the Government is requested to take measures to ensure that inspections targeting compliance with wage provisions in the undertakings indicated by the organization are carried out not only on the basis of complaints, but also in a regular manner, so as to encourage employers to comply with the relevant legislation.

2. Article 15(b) of the Convention. Transport facilities. According to the MCTU, the Government is not capable of providing inspectors with adequate transport facilities for the discharge of their duties in agriculture because of budgetary constraints. The Government indicates in this respect that, with the donation of 22 motorcycles by UNICEF and seven others in the context of the ILO project for the strengthening of labour inspections systems in Southern African countries (ILSSA), labour inspectors are now able to cover more areas and have since intensified labour inspections in the agricultural sector. The Committee takes due note of this information and requests the Government to indicate the measures adopted for the adequate and regular provision of the fuel required for travel by inspectors and the maintenance of motorcycles in view of the remoteness and dispersion of agricultural undertakings and the state of access roads, and also to provide data on trends in the scope of inspection activities as a result of the improvement of transport facilities.

3. Article 8, paragraph 2, and Article 18, paragraph 4. Collaboration between trade unions and the labour inspectorate. According to the MCTU, the Government is unwilling for trade union leaders to undertake inspections or accompany inspectors during inspections. The Government indicates that labour officers themselves are unwilling to be accompanied by union leaders as experience has shown that where the Government is running projects on child labour, union leaders have gone to such workplaces and demanded to inspect the workplace. As union leaders, in contrast with labour inspectors, have no legal mandate and are not trained for that purpose, they cannot conduct inspections effectively.

The Government adds that, when labour inspectors visit establishments where union leaders are employed, consultations take place before the inspection and labour inspectors are accompanied by shop stewards. Furthermore, before leaving the establishment, the labour inspector also briefs the management and the union leaders on the findings of the inspection.

With reference to Article 8, paragraph 2, of the Convention, the Committee draws the Government’s attention to the possibility of including in the system of labour inspection in agriculture, officials or representatives of occupational organizations, whose activities would supplement those of the public inspection staff, and who should be assured of stability of tenure and be independent of improper external influences. As this is an optional provision, the Committee would be grateful if the Government would examine whether, and to what extent, it could envisage making use of this possibility for the needs of the application of the Convention in relation to national conditions.

The Committee is also addressing a request directly to the Government on certain points.

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

CMNT_TITLE

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:

With reference to its direct request under Convention No. 81, the Committee requests the Government to provide, in its report under the present Convention, the information sought in that direct request, in so far as it specifically concerns labour inspection in agricultural undertakings. The Government is also requested to provide additional information on the following points.

1. Training of labour inspectors, collaboration of technical experts and specialists. The Committee notes that inspectors covering agricultural undertakings are not specially trained for that purpose. It once again draws the Government’s attention to the requirements of the Convention in this respect and requests it to take the necessary measures to give full effect to Article 9 of the Convention, and particularly paragraph 3, under which labour inspectors in agriculture shall be adequately trained for the performance of their duties and measures shall be taken to give them appropriate further training in the course of their employment. The Committee urges the Government to take measures to ensure that duly qualified technical experts are associated in the work of labour inspection in agriculture in such manner as may be deemed most appropriate so as to help to solve problems demanding technical knowledge, in accordance with Article 11. The Committee hopes that relevant information will be provided by the Government in its next report.

2. Article 6, paragraph 1(b), of the Convention. Provision of technical information and advice to employers and workers. The Committee notes with interest that one of the factors in the significant fall in occupational accidents in agriculture between 2000 and 2002 is the organization of reporting and awareness campaigns in the agricultural sector. The Committee would be grateful if the Government would provide information that is as detailed as possible on the campaigns organized in the agricultural sector (contents, means of communication used, duration, categories of undertakings and workers covered, etc.), and on the role played by labour inspectors in this respect.

3. Articles 26 and 27. General inspection report. The Committee notes that the Ministry of Labour and Vocational Training shall publish an annual report on the work of the inspection services in agriculture as part of its annual general report, and that it will contain all the information required in Article 27 of the Convention. The Committee expresses the firm hope that the Government will soon communicate such a report to the ILO and that its publication will enable the representative organizations of employers and workers to express their viewpoints on the functioning of labour inspection in the agricultural sector and on the means of improving its effectiveness.

CMNT_TITLE

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

The Committee notes the information provided by the Government in its report received in November 2005, and its comments in reply to the observations made by the Mali Congress of Trade Unions (MCTU) on the application of the Convention, received by the ILO on 5 April 2005. With reference to its observation under Convention No. 81, the Committee requests the Government to provide information in its report under the present Convention on any measure adopted to give effect to the recommendations of the mission undertaken by the ILO’s Regional Office from 1 to 4 May 2006, in the context of the project to reinforce labour administration systems in the countries of southern Africa, in so far as such information relates specifically to labour inspection in agricultural undertakings.

1. Ineffectiveness of labour inspection. The Committee notes that, according to the MCTU, labour inspectors lack commitment in the area of enforcement, particularly in cases relating to the non-payment of wages in tobacco plantations and disparities in wages between men, women and young persons working in tea and tobacco estates.

The Committee notes that, according to the Government, differences in wages should be explained by the fact that men, women and young persons are not given work of equal value. The Committee requests the Government to indicate whether labour inspectors have had cause to examine complaints in this respect and, if so, to provide any relevant document, such as copies of inspection reports or correspondence addressed to the impugned employer or the workers who have made complaints. If not, the Government is requested to take measures to ensure that inspections targeting compliance with wage provisions in the undertakings indicated by the organization are carried out not only on the basis of complaints, but also in a regular manner, so as to encourage employers to comply with the relevant legislation.

2. Article 15(b) of the Convention. Transport facilities. According to the MCTU, the Government is not capable of providing inspectors with adequate transport facilities for the discharge of their duties in agriculture because of budgetary constraints. The Government indicates in this respect that, with the donation of 22 motorcycles by UNICEF and seven others in the context of the ILO project for the strengthening of labour inspections systems in Southern African countries (ILSSA), labour inspectors are now able to cover more areas and have since intensified labour inspections in the agricultural sector. The Committee takes due note of this information and requests the Government to indicate the measures adopted for the adequate and regular provision of the fuel required for travel by inspectors and the maintenance of motorcycles in view of the remoteness and dispersion of agricultural undertakings and the state of access roads, and also to provide data on trends in the scope of inspection activities as a result of the improvement of transport facilities.

3. Article 8, paragraph 2, and Article 18, paragraph 4. Collaboration between trade unions and the labour inspectorate. According to the MCTU, the Government is unwilling for trade union leaders to undertake inspections or accompany inspectors during inspections. The Government indicates that labour officers themselves are unwilling to be accompanied by union leaders as experience has shown that where the Government is running projects on child labour, union leaders have gone to such workplaces and demanded to inspect the workplace. As union leaders, in contrast with labour inspectors, have no legal mandate and are not trained for that purpose, they cannot conduct inspections effectively.

The Government adds that, when labour inspectors visit establishments where union leaders are employed, consultations take place before the inspection and labour inspectors are accompanied by shop stewards. Furthermore, before leaving the establishment, the labour inspector also briefs the management and the union leaders on the findings of the inspection.

With reference to Article 8, paragraph 2, of the Convention, the Committee draws the Government’s attention to the possibility of including in the system of labour inspection in agriculture, officials or representatives of occupational organizations, whose activities would supplement those of the public inspection staff, and who should be assured of stability of tenure and be independent of improper external influences. As this is an optional provision, the Committee would be grateful if the Government would examine whether, and to what extent, it could envisage making use of this possibility for the needs of the application of the Convention in relation to national conditions.

The Committee is addressing a request directly to the Government on certain points.

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

CMNT_TITLE

With reference to its direct request under Convention No. 81, the Committee requests the Government to provide, in its report under the present Convention, the information sought in that direct request, in so far as it specifically concerns labour inspection in agricultural undertakings. The Government is also requested to provide additional information on the following points.

1. Training of labour inspectors, collaboration of technical experts and specialists. The Committee notes that inspectors covering agricultural undertakings are not specially trained for that purpose. It once again draws the Government’s attention to the requirements of the Convention in this respect and requests it to take the necessary measures to give full effect to Article 9 of the Convention, and particularly paragraph 3, under which labour inspectors in agriculture shall be adequately trained for the performance of their duties and measures shall be taken to give them appropriate further training in the course of their employment. The Committee urges the Government to take measures to ensure that duly qualified technical experts are associated in the work of labour inspection in agriculture in such manner as may be deemed most appropriate so as to help to solve problems demanding technical knowledge, in accordance with Article 11. The Committee hopes that relevant information will be provided by the Government in its next report.

2. Article 6, paragraph 1(b), of the Convention. Provision of technical information and advice to employers and workers. The Committee notes with interest that one of the factors in the significant fall in occupational accidents in agriculture between 2000 and 2002 is the organization of reporting and awareness campaigns in the agricultural sector. The Committee would be grateful if the Government would provide information that is as detailed as possible on the campaigns organized in the agricultural sector (contents, means of communication used, duration, categories of undertakings and workers covered, etc.), and on the role played by labour inspectors in this respect.

3. Articles 26 and 27. General inspection report. The Committee notes that the Ministry of Labour and Vocational Training shall publish an annual report on the work of the inspection services in agriculture as part of its annual general report, and that it will contain all the information required in Article 27 of the Convention. The Committee expresses the firm hope that the Government will soon communicate such a report to the ILO and that its publication will enable the representative organizations of employers and workers to express their viewpoints on the functioning of labour inspection in the agricultural sector and on the means of improving its effectiveness.

CMNT_TITLE

The Committee notes the information provided by the Government in its report received in November 2005, and its comments in reply to the observations made by the Mali Congress of Trade Unions (MCTU) on the application of the Convention, received by the ILO on 5 April 2005. With reference to its observation under Convention No. 81, the Committee requests the Government to provide information in its report under the present Convention on any measure adopted to give effect to the recommendations of the mission undertaken by the ILO’s Regional Office from 1 to 4 May 2006, in the context of the project to reinforce labour administration systems in the countries of southern Africa, in so far as such information relates specifically to labour inspection in agricultural undertakings.

1. Ineffectiveness of labour inspection. The Committee notes that, according to the MCTU, labour inspectors lack commitment in the area of enforcement, particularly in cases relating to the non-payment of wages in tobacco plantations and disparities in wages between men, women and young persons working in tea and tobacco estates.

The Committee notes that, according to the Government, differences in wages should be explained by the fact that men, women and young persons are not given work of equal value. The Committee requests the Government to indicate whether labour inspectors have had cause to examine complaints in this respect and, if so, to provide any relevant document, such as copies of inspection reports or correspondence addressed to the impugned employer or the workers who have made complaints. If not, the Government is requested to take measures to ensure that inspections targeting compliance with wage provisions in the undertakings indicated by the organization are carried out not only on the basis of complaints, but also in a regular manner, so as to encourage employers to comply with the relevant legislation.

2. Article 15(b) of the Convention. Transport facilities. According to the MCTU, the Government is not capable of providing inspectors with adequate transport facilities for the discharge of their duties in agriculture because of budgetary constraints. The Government indicates in this respect that, with the donation of 22 motorcycles by UNICEF and seven others in the context of the ILO project for the strengthening of labour inspections systems in Southern African countries (ILSSA), labour inspectors are now able to cover more areas and have since intensified labour inspections in the agricultural sector. The Committee takes due note of this information and requests the Government to indicate the measures adopted for the adequate and regular provision of the fuel required for travel by inspectors and the maintenance of motorcycles in view of the remoteness and dispersion of agricultural undertakings and the state of access roads, and also to provide data on trends in the scope of inspection activities as a result of the improvement of transport facilities.

3. Article 8, paragraph 2, and Article 18, paragraph 4. Collaboration between trade unions and the labour inspectorate. According to the MCTU, the Government is unwilling for trade union leaders to undertake inspections or accompany inspectors during inspections. The Government indicates that labour officers themselves are unwilling to be accompanied by union leaders as experience has shown that where the Government is running projects on child labour, union leaders have gone to such workplaces and demanded to inspect the workplace. As union leaders, in contrast with labour inspectors, have no legal mandate and are not trained for that purpose, they cannot conduct inspections effectively.

The Government adds that, when labour inspectors visit establishments where union leaders are employed, consultations take place before the inspection and labour inspectors are accompanied by shop stewards. Furthermore, before leaving the establishment, the labour inspector also briefs the management and the union leaders on the findings of the inspection.

With reference to Article 8, paragraph 2, of the Convention, the Committee draws the Government’s attention to the possibility of including in the system of labour inspection in agriculture, officials or representatives of occupational organizations, whose activities would supplement those of the public inspection staff, and who should be assured of stability of tenure and be independent of improper external influences. As this is an optional provision, the Committee would be grateful if the Government would examine whether, and to what extent, it could envisage making use of this possibility for the needs of the application of the Convention in relation to national conditions.

The Committee is addressing a request directly to the Government on certain points.

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Referring also to its observation under Convention No. 81, the Committee takes note of the Government’s report and the information provided with respect to Articles 6(1), 14, 15, 16 and 27 of the Convention.

Article 9 of the Convention. The Committee takes note of the information relating to recruitment and training of labour inspectors and the ongoing ILO/IPEC programmes. Recalling that, pursuant to Article 9, paragraph 3, labour inspectors should be adequately trained for the performance of their duties, it asks the Government to provide information on measures taken to train inspectors for the performance of their tasks in the agricultural sector. Referring to its observations related to Convention No. 182 and the Government’s report 2004 concerning Convention No. 182, the Committee notes with interest the further progress made in implementing the programmes on combating child labour and would be grateful if the Government would indicate the manner in which labour inspectors in agriculture are involved therein. In this regard, the Committee notes in the inspection report 2000-02, that 78 per cent of the working population consist in subsistence farmers.

Moreover, the Committee observes the decreasing number of occupational accidents in agriculture, from 470 in 2000 to 168 in 2002 as opposed to the increasing number of reported accidents in general. It would be grateful if the Government would explain how such development could have been attained.

The Committee would be grateful if the Government would also keep the ILO informed of the progress as concerns the draft law process relating to leasehold in agriculture submitted to the ILO.

Articles 26 and 27. With reference to its observation under Convention No. 81, the Committee encourages the Government to take into consideration in its next labour inspection annual report further requirements of Article 27, with particular focus on agriculture.

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

The Committee takes due note of the information supplied by the Government in reply to its previous comments. The Committee refers to its observation under Convention No. 81 and asks the Government to provide the information requested concerning Articles 3(1), 7, 10, 11, 20 and 21 of that Convention, which correspond to Articles 6(1), 14, 15, 26 and 27 of Convention No. 129.

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

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

The Committee takes due note of the information supplied by the Government in reply to its previous comments. The Committee refers to its observation under Convention No. 81 and asks the Government to provide the information requested concerning Articles 3(1); 7, 10, 11, 20 and 21 of that Convention, which correspond to Articles 6(1); 14, 15, 26 and 27 of Convention No. 129.

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The Committee takes due note of the information supplied by the Government in reply to its previous comments. The Committee refers to its observation under Convention No. 81 and asks the Government to provide the information requested concerning Articles 3(1); 7, 10, 11, 20 and 21 of that Convention, which correspond to Articles 6(1); 14, 15, 26 and 27 of Convention No. 129.

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Further to its previous comments, the Committee notes the information supplied by the Government in its report. It would be grateful if the Government would provide further clarifications on the following points.

Articles 4 and 19 of the Convention. The Committee notes the Government's explanation that even though section 24 of the Workers' Compensation Act (which Act has not come into operation through the publication of the required notice in the Gazette in accordance with its section 1) imposes an obligation on employers to notify the Workers' Compensation Commissioner of the occurrence of serious occupational accidents and diseases to workers; under section 2(a) of the same Act, persons whose employment is of a casual nature are excluded from the application of the Act. The Committee expresses its concern that the Act has not yet entered into operation since its passage in 1990. It also notes that there is no information regarding the new rules and regulations to administer the Act, referred to by the Government in its report of 1992 as providing for inspectors to be involved with on-the-spot inquiry into the causes of occupational diseases and accidents of a serious nature. The Committee trusts the Government will soon be in a position to indicate the coming into force of both the Act and the rules and regulations to administer it. The Committee would also like to draw the Government's attention to the requirements of Article 4 of the Convention that the system of labour inspection in agriculture shall apply to employees or apprentices, however they may be remunerated and whatever the type, form or duration of their contract. It expresses the hope that the Government will take the necessary measures to bring the law into conformity with the requirements of this Article of the Convention.

Articles 2, 6, paragraph 1(a), 24 and 27(a) and (e). The Committee would be grateful if the Government would provide information regarding work or employment of young persons in agricultural undertakings, particularly in estate and small-sector tobacco production. The Committee recalls that the national legal provisions that the inspectorate enforced included the Employment Ordinance of 1964 and the Employment of Women, Young Persons and Children Ordinance of 1939. The Committee would be grateful if the Government would indicate if these Ordinances are still in force; and if so, what enforcement measures have been taken relating to youth employment in tobacco production. Please provide full particulars of any violations and penalties imposed.

Articles 14, 21, 26 and 27. The Committee's comments under Articles 10, 16, 20 and 21 of Convention No. 81 apply.

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

Article 19 of the Convention. Further to its previous comments, the Committee notes with interest that the Workers' Compensation Act includes provision in section 24 for the notification of occupational accidents and diseases. It would be glad if the Government would clarify whether, in the light of section 2(a), this applies to persons whose employment is "of a casual nature". It hopes the Government will also provide a copy of the new rules involving inspectors in on-the-spot inquiries into serious cases. Articles 14, 15, 21, 26 and 27. The Committee's comments under Convention No. 81 apply.

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Article 19 of the Convention. Further to its previous comments, the Committee notes with interest that the Workers' Compensation Act includes provision in section 24 for the notification of occupational accidents and diseases. It would be glad if the Government would clarify whether, in the light of section 2(a), this applies to persons whose employment is "of a casual nature". It hopes the Government will also provide a copy of the new rules involving inspectors in on-the-spot inquiries into serious cases.

Articles 14, 15, 21, 26 and 27. The Committee's comments under Convention No. 81 apply.

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Article 19 of the Convention. Further to its earlier observations, the Committee notes the Government's statement that, subject to approval by the National Assembly, provision is to be made for an obligation on employers in agricultural undertakings to notify occupational diseases; and for inspectors to be involved on the spot in making inquiries into the causes of serious occupational accidents or occupational diseases. The Committee hopes the Government will provide information on progress made in this respect in its next report. Meanwhile, the Committee would be glad if the Government would provide information on the practical measures operating in application of this Article.

Articles 26 and 27. The Committee notes that no report has yet been received as required by these Articles. The matter is being pursued under Convention No. 81, Articles 20 and 21.

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The Committee notes the information supplied by the Government in its report for 1988 concerning the application of Article 16, paragraph 2, of the Convention. However, the Committee notes that no progress has yet been made in giving effect to the provisions of Article 19 (notification of occupational diseases and association of inspectors with any inquiry into the causes of the most serious occupational accidents or occupational diseases). On this point, it refers to its previous observation and hopes that the Government will not fail to take the appropriate legislative measures in the near future.

Articles 26 and 27. See under Convention No. 81, Articles 20 and 21, as follows:

Articles 20 and 21 of the Convention. With reference to its previous comments, the Committee notes with regret that no progress has yet been made with regard to the publication of annual inspection reports. However, it notes from the report communicated by the Government in 1988, that it is planned to include the information and statistics provided for in Article 21 of the Convention in the Ministry of Labour's annual statistical bulletin. The Committee trusts that the Government will not fail to take the necessary steps to ensure that annual reports on the work of the inspection services are published and communicated to the International Labour Office within the time-limits laid down in Article 20.