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The Committee notes the observations of the Malawi Congress of Trade Unions (MCTU), which were received on 5 April 2005 and forwarded to the Government on 29 April 2005, regarding the application of the Convention. It also notes the Government’s response to these observations dated 16 September 2005.

Referring to the Government’s earlier statement that the Tripartite Labour Advisory Council (TLAC) would be appointed as soon as employers’ and workers’ representatives were nominated by the respective organizations, the MCTU states that the reasons advanced by the Government are unfounded since names from both workers’ and employers’ organizations have actually been submitted but no meeting of the TLAC has as yet been convened to discuss the possible ratification of the Night Work Convention, 1990 (No. 171). In addition, the MCTU recalls that it has been drawing attention to the working conditions of women performing night work at the Nation Newspapers and criticizes the Government’s unwillingness to take appropriate action in this regard.

In its reply, the Government states that convening the TLAC was delayed because of the incapacity of the workers’ and employers’ organizations to nominate their representatives due to internal problems. It also indicates that many consultative meetings, mostly at the invitation of the Government, have been held and that experience has shown that, in Malawi, the most effective decisions acceptable to all the social partners have been reached in ad hoc tripartite meetings. The Government adds that the TLAC finally met for the first time in January 2005. As regards the working conditions of female employees at the Nation Newspapers, the Government reports that the situation has been resolved after a labour inspection was carried out and appropriate measures were taken by the enterprise with respect to the occupational safety and health of female employees.

While noting the Government’s explanations, the Committee requests the Government to provide full particulars on any discussions held with the social partners on matters related to this Convention, both within the TLAC or in ad hoc tripartite meetings, and on any decisions taken with regard to the possible denunciation of Convention No. 89 and/or the ratification of Convention No. 171.