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

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Malawi (Ratification: 1986)

Article 2(1) and Article 5(1) of the Convention. Effective tripartite consultations required by the Convention. Reports on consultations. In its previous comments, the Committee requested the Government to submit a report containing detailed information on the tripartite consultations held on all matters covered by Article 5(1) of the Convention, and to include information on the nature of the reports and recommendations issued as a result of these consultations. The Government reports that tripartite consultations were held in 2017 with the social partners, to familiarize stakeholders on the provisions of the Occupational Safety and Health Convention, 1981 (No. 155), the Safety and Health in Agriculture Convention, 2001 (No. 184), and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187). The Government adds that a senior ILO occupational safety and health (OSH) specialist provided technical assistance during the consultations regarding the content of the Conventions discussed. The Committee notes the Government’s indication that the consultations resulted, inter alia, in a strong recommendation that the Government fast-track the ratification of all three Conventions. The Committee also notes the response of the Government to its previous observation requesting information on tripartite consultations regarding un-ratified instruments to promote, as appropriate, their implementation or ratification, specifically the Indigenous and Tribal Peoples Convention, 1989 (No. 169), and the Safety and Health in Mines Convention, 1995 (No. 176), as well as consultations regarding the denunciation of outdated Conventions. While the Government does not indicate whether tripartite consultations took place in this regard, it expresses the view that Convention No. 169 is not relevant to the Malawi context. The Committee once again refers to its previous observations and requests the Government to provide detailed updated information concerning the procedures in place to ensure effective tripartite consultations as required under Article 2 of the Convention. The Committee further requests the Government to provide updated information on the nature and outcome of tripartite consultations held during the period covered by the report on each of the matters concerning international labour standards set out in Article 5(1)(a)–(e), including information as to the frequency of such consultations. The Committee invites the Government to supply copies of reports produced on the working of the procedures provided for in the Convention (Article 6).