Observation (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

The Committee notes with regret that the Government’s report has not been received. It is therefore bound to repeat its previous observation on the following points:

The Committee notes the information provided by the Government in its report received in November 2005, and its comments in reply to the observations made by the Malawi Congress of Trade Unions (MCTU) on the application of the Convention, received by the ILO on 5 April 2005. With reference to its observation under Convention No. 81, the Committee requests the Government to provide information in its report under the present Convention on any measure adopted to give effect to the recommendations of the mission undertaken by the ILO’s Regional Office from 1 to 4 May 2006, in the context of the project to reinforce labour administration systems in the countries of southern Africa, in so far as such information relates specifically to labour inspection in agricultural undertakings.

1. Ineffectiveness of labour inspection. The Committee notes that, according to the MCTU, labour inspectors lack commitment in the area of enforcement, particularly in cases relating to the non-payment of wages in tobacco plantations and disparities in wages between men, women and young persons working in tea and tobacco estates.

The Committee notes that, according to the Government, differences in wages should be explained by the fact that men, women and young persons are not given work of equal value. The Committee requests the Government to indicate whether labour inspectors have had cause to examine complaints in this respect and, if so, to provide any relevant document, such as copies of inspection reports or correspondence addressed to the impugned employer or the workers who have made complaints. If not, the Government is requested to take measures to ensure that inspections targeting compliance with wage provisions in the undertakings indicated by the organization are carried out not only on the basis of complaints, but also in a regular manner, so as to encourage employers to comply with the relevant legislation.

2. Article 15(b) of the Convention. Transport facilities. According to the MCTU, the Government is not capable of providing inspectors with adequate transport facilities for the discharge of their duties in agriculture because of budgetary constraints. The Government indicates in this respect that, with the donation of 22 motorcycles by UNICEF and seven others in the context of the ILO project for the strengthening of labour inspections systems in Southern African countries (ILSSA), labour inspectors are now able to cover more areas and have since intensified labour inspections in the agricultural sector. The Committee takes due note of this information and requests the Government to indicate the measures adopted for the adequate and regular provision of the fuel required for travel by inspectors and the maintenance of motorcycles in view of the remoteness and dispersion of agricultural undertakings and the state of access roads, and also to provide data on trends in the scope of inspection activities as a result of the improvement of transport facilities.

3. Article 8, paragraph 2, and Article 18, paragraph 4. Collaboration between trade unions and the labour inspectorate. According to the MCTU, the Government is unwilling for trade union leaders to undertake inspections or accompany inspectors during inspections. The Government indicates that labour officers themselves are unwilling to be accompanied by union leaders as experience has shown that where the Government is running projects on child labour, union leaders have gone to such workplaces and demanded to inspect the workplace. As union leaders, in contrast with labour inspectors, have no legal mandate and are not trained for that purpose, they cannot conduct inspections effectively.

The Government adds that, when labour inspectors visit establishments where union leaders are employed, consultations take place before the inspection and labour inspectors are accompanied by shop stewards. Furthermore, before leaving the establishment, the labour inspector also briefs the management and the union leaders on the findings of the inspection.

With reference to Article 8, paragraph 2, of the Convention, the Committee draws the Government’s attention to the possibility of including in the system of labour inspection in agriculture, officials or representatives of occupational organizations, whose activities would supplement those of the public inspection staff, and who should be assured of stability of tenure and be independent of improper external influences. As this is an optional provision, the Committee would be grateful if the Government would examine whether, and to what extent, it could envisage making use of this possibility for the needs of the application of the Convention in relation to national conditions.

The Committee is also addressing a request directly to the Government on certain points.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.