Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Malawi (Ratification: 1999)

The Committee notes the Government’s report. It also takes note of the comments formulated by the International Confederation of Free Trade Unions (ICFTU) on the application of the Convention as well as the Government’s detailed observations in reply to these comments.

The Committee recalls that its previous comments concerned the following.

Article 3 of the Convention. Essential services. The Committee had noted that section 47(2) of the Labour Relations Act of 1996 empowers the minister to apply to the Industrial Relations Court for a determination as to whether a threatened or actual strike involves an essential service, and thus had requested the Government to keep it informed of any decision from the Industrial Relations Court in this regard. In its latest report, the Government indicates that no decision from the Industrial Relations Court has yet been rendered on this point since no doubts or disagreements have occurred which would have led the minister to apply to the Court.

On this issue, the Committee further notes the comments formulated by the ICFTU to the effect that, while workers in essential services are permitted to strike after certain prescribed procedures have been met, the lack of specification as to which services are essential and which are not, results in many strikes being declared illegal. In its reply, the Government states that section 2 of the Labour Relations Act defines essential services as "services the interruption of which would endanger the life, health or personal safety of the whole or part of the population". The Government points out that this definition was adopted to avoid abuse by authorities in suppressing the workers’ right to strike by coming up with an endless list of essential services. In addition, sections 45(3) and 47(2) stipulate that the concerned parties can have recourse to the Industrial Relations Court for determination as to whether the branch of economic activity concerned belongs to essential services or not.

The Committee takes due note of this information. It once again requests the Government to provide detailed information in its next report, on the number of strikes which have been declared illegal and the reasons therefor, as well as on any decisions rendered by the Industrial Relations Court under sections 45(3) and 47(2).