Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Malawi

Labour Inspection Convention, 1947 (No. 81) (Ratification: 1965)
Labour Inspection (Agriculture) Convention, 1969 (No. 129) (Ratification: 1971)
Labour Administration Convention, 1978 (No. 150) (Ratification: 1999)

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.