Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

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

The Committee notes the observations of the Malawi Congress of Trade Unions (MCTU), received on 2 September 2024, as well as the reply of the Government.

Articles 2(1) and 5(2). Consultation procedures. The Committee notes with interest that the Tripartite Labour Advisory Council (TLAC) convened on 25 and 26 May 2023, with ILO technical and financial assistance, marking its first meeting since September 2020. The Committee notes that, according to section 59 of the Labour Relations Act, the TLAC is to meet at least once a year to deliberate on matters placed on the agenda, take decisions or come up with recommendations for consideration by the Minister of Labour. Moreover, according to the minutes of the 2023 TLAC meeting, a clause was inserted in the TLAC Rules of Procedures specifying that TLAC meetings shall be held twice a year, in the first and third quarter of the financial year. The TLAC Rules of Procedure also allow for each of the parties to request ad hoc meetings.

The Committee notes that, in its observations, MTCU highlights that the TLAC lacks consistency in the frequency of its meetings and that it does not meet as often as desired, leading to a backlog of issues affecting the dynamic world of work. The MTCU emphasizes that NTLAC should be supported to convene frequently and as demanded. The Committee observes from the minutes of the 2023 TLAC meeting, that the MTCU and the Employers Consultative Association of Malawi (ECAM) also expressed concern about the lack of regularity of TLAC meetings, as provided for in the Labour Relations Acts and TLAC Rules. The social partners pointed out that this creates gaps in terms of sharing information and decision-making on important labour matters. In this regard, TLAC requested the Secretariat to identify modalities to strengthen social dialogue, to explore the possibility of establishing a structure that meets regularly to follow up on TLAC decision points and agreed to provide progress reports quarterly on the agreed action points. In its response, the Government indicates that measures have been taken to ensure that TLAC meetings are held at regular intervals, as required by law, and that during the reporting period, no fewer than two TLAC meetings were held. The Committee takes note of the Government’s commitment concerning the periodicity of TLAC meetings and asks the Government to continue to provide information on the TLAC meetings to be held at least once a year, including minutes of the meetings, and on the measures taken to strengthen social dialogue, including the possibility of establishing a structure that meets regularly to follow up on TLAC decision points, as requested by the social partners during the 2023 TLAC meeting.

Articles 5(1) and 6. Effective tripartite consultations. Reports on consultations. The Committee notes that, during the reporting period, tripartite consultations were held within the TLAC on the possibility of ratifying the Domestic Workers Convention, 2011 (No. 189), and the Violence and Harassment Convention, 2019 (No. 190). TLAC proposed the ratification of Convention No. 190 and the conduct of a gap analysis on Convention No. 189 to consider its ratification. The Government adds that representative organizations of workers and employers were consulted regarding the questionnaires related to the Conference agenda items. With respect to consultations on reports concerning ratified Conventions submitted to the ILO pursuant to article 22 of the ILO Constitution, the Government indicates that is now up to date with its reporting obligations on ratified Conventions and undertakes to maintain this progress. However, the Government does not specify whether tripartite consultations were held in this regard. Lastly, the Government indicates that it undertakes to begin producing a report on the functioning of the procedures provided for in the Convention, as envisaged by Article 6. The Committee requests the Government to provide information on the content and the outcome of the tripartite consultations held on each of the matters covered by Article 5(1) of the Convention. It also reiterates its requests that the Government supply copies of the reports produced on the operation of the procedures provided for in the Convention (Article 6).