Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19) - Malawi (RATIFICATION: 1965)

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Previous comments: C.12 direct request and C.19 direct request.

In order to provide an overview of issues relating to the application of ratified social security Conventions, the Committee considers it appropriate to examine Conventions Nos 12 and 19 together.

The Committee notes the information provided by the Government in its report, according to which the Workers’ Compensation Commission of the Ministry of Labour is still in the process of setting up a Workers’ Compensation Fund and that consultation meetings have been held with the organisations representing employers and workers in this regard. The Committee also notes that the Workers’ Compensation Act of 2000 is being revised and that the Government has indicated that it will avail itself of the ILO’s technical assistance for this purpose. The Committee requests the Government to provide updated information on the progress made with regard to the establishment and operation of the Workers’ Compensation Fund, and the reform of the Workers’ Compensation Act.

Part V of the report form. Application of Convention No. 12 in practice. The Committee takes due note of the statistical information provided by the Government regarding the total number of accidents at work recorded between April 2022 and March 2023. The Committee also takes note of the information that employers must report accidents at work and occupational diseases within 21 days of the date of the accident or the diagnosis of the disease and that, if the employer fails to do so, the worker can report it directly to the Ministry of Labour. In this context, the Committee requests the Government to provide information on: (i) the number of notified accidents at work and occupational diseases, indicating how many of them concern agricultural workers; (ii) the number of accidents at work or occupational diseases that have led to temporary or permanent disability and, in this case, the amount of compensation paid; and (iii) the average time that has elapsed between the occurrence/diagnosis of an accident at work/occupational disease and its notification to the competent authorities.

Article 1 of Convention No. 19. Transfer abroad of benefits in case of accidents at work. The Committee notes the information provided by the Government, which indicates that from January 2022 to July 2023, there were around 2,626 foreigners working in Malawi. The Committee also notes that, according to the Government, Malawian workers employed abroad are covered by the workers’ compensation legislation of the country in which they reside. The Committee requeststhe Government to provide information on whether and how payments of compensation for accidents at work incurred in Malawi can be transferred abroad if the beneficiaries, both Malawian nationals and non-nationals, move out of the country. In addition, the Committee requests the Government to provide statistical data on the number and nationality of foreign workers employed in the country and whether bilateral agreements on the provision of social security benefits have been concluded with other Member States.

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The Committee notes with regret that the Government’s report did not reply to its previous comments. The Committee 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 in the relevant part as follows:

Repetition

Article 1 of the Convention. Transfer abroad of industrial accident benefits. The Committee would be grateful if the Government would provide information in future reports on the manner in which the payment of industrial accident benefits takes place in practice in the event of residency abroad, both with regard to Malawian nationals and nationals of the other 120 countries that have ratified the Convention, if they have suffered industrial accidents in Malawi. Please provide statistics relating to the number and nationality of foreign workers employed in the country, and as soon as such statistics are available, the amounts transferred abroad in the event of industrial accidents.

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Article 1 of the Convention. Transfer abroad of industrial accident benefits. Further to its previous comments, the Committee notes the Government’s indication that the transfer abroad of cash benefits in the event of industrial accidents has only occurred in one case during the period covered by the report, where benefits were paid to beneficiaries in Mozambique following the death of an accident victim. The Committee also notes that the Government’s report contains no information on the outcome of the work of the Joint Permanent Commission of Cooperation which was established to deal with employment and immigration issues affecting nationals of neighbouring countries such as Mozambique, the United Republic of Tanzania, Zambia and Zimbabwe. The Committee would therefore be grateful if the Government would continue to provide information in future reports on the manner in which the payment of industrial accident benefits takes place in practice in the event of residency abroad, both with regard to Malawian nationals and nationals of the 121 countries that have ratified the Convention who have suffered industrial accidents in Malawi (and their dependants), if any. Please provide statistics relating to the number and nationality of foreign workers employed in the country and, as soon as such statistics are available, the amounts transferred abroad in the event of industrial accidents.

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

The Government indicates report that a Joint Permanent Commission of Cooperation has been established with neighbouring countries such as Tanzania, Zambia, Mozambique and Zimbabwe to deal with employment and immigration issues affecting nationals of these countries. The Government also indicates that payments of workers compensation are effected through diplomatic channels. The Committee takes note of this information and would be grateful if the Government would indicate whether the payment of benefits abroad also covers nationals of other States which have ratified the Convention. Please provide available statistics on the payment of these benefits abroad.

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The Committee notes the Government’s last report and, in particular, the adoption of the Workers’ Compensation Act, which, according to the Government, came into force on 1 November 2000.

The Government indicates in its report that a Joint Permanent Commission of Cooperation has been established with neighbouring countries such as Tanzania, Zambia, Mozambique and Zimbabwe to deal with employment and immigration issues affecting nationals of these countries. The Government also indicates that payments of workers compensation are effected through diplomatic channels. The Committee takes note of this information and would be grateful if the Government would indicate whether the payment of benefits abroad also covers nationals of other States which have ratified the Convention. Please provide available statistics on the payment of these benefits abroad.

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

The Committee notes the adoption of the Workers' Compensation Act, Cap. 21 of 1990 which according to its section 1 will come into operation on such date as the Minister may appoint by notice published in the Gazette. As stated in the Government's report, it was envisaged to implement the provisions of the new Act in phases as from 1 April 1992.

The Committee would be grateful if the Government would continue to provide information concerning the entry into force of the provisions of the above-mentioned Act as well as supply a copy of any rules that might have been adopted regarding payment of benefits abroad.

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The Committee notes with interest the adoption of the Workers' Compensation Act, Cap. 21 of 1990 which according to its section 1 will come into operation on such date as the Minister may appoint by notice published in the Gazette. As stated in the Government's report, it was envisaged to implement the provisions of the new Act in phases as from 1 April 1992.

The Committee would be grateful if the Government would continue to provide information concerning the entry into force of the provisions of the above-mentioned Act as well as supply a copy of any rules that might have been adopted regarding payment of benefits abroad.