MALAWI - ITCILO 鈥Sharing Experi

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					                COUNTRY REPORT




PRESENTED BY:



   SOPHIE KAUNDA




   TREASURER GENERAL:


 HOTELS FOOD PROCESSING AND CATERING WORKERS
                    UNION
TABLE OF CONTENTS

1.0 Locality………………………………………………….1
1.1 Demography……………………………………………1
1.2 Political transition and governance system……1
1.2.1 Democracy put to test……………………………….2
1.3 Government Administration………………………..2
1.3.1 Central government administration………………2
1.3.2 Local government administration…………………3
1.4 Watchdog Institutions……………………………….3
2.0 Social –Economic Overview…………………………3
2.1 Inflation and money supply…………………………4
2.2 Basic social services…………………………………..4
2.2.1 Education…………………………………………………4
2.2.2 Health……………………………………………………..5
2.2.3 Gender Equality and Women Empowerment…..5
3.0 Trade Union Movements……………………………..6
3.1 Background………………………………………………6
3.2 Union structures and policy formation……………6
3.3 Achievement since political pluralism…………….7
3.4 Challenges………………………………………………..7




                                                    2
ST OF ABBRIVIATIONS

AFORD
CEDAW                 Convention on the elimination of all
                      forms discrimination against women
COMATU
GDP
HIV/AIDS
IHS                   Integrated Household Survey
MCP
MCTU
MK
MPRSP
PAP
UDF
US $




                                                             3
TABLES



TABLE 1.
REPRESENTATION OF THE MALAWIAN NATIONAL ASSEMBLY
                       1999 - 2004

TABLE 2.
DISTRIBUTION OF CENTRES

TABLE 3.
TRENDS IN MONEY SUPPLY AND INFLATION 1990-2000

TABLE 4.
WOMEN’S REPRESENTATION IN TOP PUBLIC POSITION


TABLE 5.
LEVELS OF UNIONISATION IN PUBLIC AND PRIVATE SECTOR


TABLE 6.
LEADERSHIP DISTRIBUTION BY GENDER



TABLE 7.
GRAPHIC REPRESENTATION BY GENDER ON THE MEMBERSHIP FROM THE AFFILIATES




                                                                     4
NATIONAL CONTEXT

1.0 LOCALITY
Malawi is a small country occupying the southern part of the East African Rift
Valley, lying between 9 degrees and 17 degrees south of the equator. It has an
area of 118,484 square kilometers, of which approximately 20% is water. It is
landlocked and bounded by Mozambique in the south and east, Zambia to the
west and Tanzania to the east and north. The country‟s topography is
immensely varied, from the rift valley floor almost at sea level to mountains
rising to 3000 meters above sea level. Thus, there are wide ranges in climate,
vegetation and economic activity.
The country is divided into three administrative regions and 27 districts. The
Southern Region (with 12 districts) is hilly and has the Commercial City of
Blantyre and the old administrative capital, Zomba, now a university town. The
Shire River runs down from the southern end of Lake Malawi, through Lake
Malombe and pours into the Zambezi River before finally entering the Indian
Ocean. The Central Region (with 9 districts) is predominantly flat, with the
country‟s new administrative Capital, Lilongwe, at its centre. The Northern
Region (with 6 districts) is mostly mountainous, with Mzuzu as its city.

1.1 DEMOGRAPHY
The population of Malawi according to the 1998 Population and Housing Census
is 9.8 million. This figure represents a 24% increase over the 1987 Census,
giving an inter-censual annual increase of 2.0%. This is an unexpectedly low
figure, given previous growth rate, which was at 3.2%.
The increasing number of HIV/AIDS related deaths and also the increasing
contraceptive prevalence rate are undoubtedly possible factors for the reduced
population figures.

According to the preliminary population census, the crude death rate has
increased from 14 deaths per 1000 people in 1987 to 22 deaths per 1000 people
in 1998. However the census estimated that the crude birth rate fell from 42
births per 1000 people to 37 births per 1000 people over the same period of
time.
The demographic indicators reveals the declining fertility/rising mortality
transition, which has negative implications for the development of the country as
is the case below:
Infant and under five mortality rate is estimated at 134 and 234 per 1000 births
respectively (1992).
Life expectance has significantly dropped from 51 in 1992 to present 40 for
males and from 52.4 to 44.5 for females in 1998.

1.2 POLITICAL TRANSITION AND GOVERNANCE SYSTEM
Malawi was a British protectorate from 1891 to 1964 when the country gained
independence. In 1966 the country become a republic under the leadership of Dr
Hastings Kamuzu Banda. The Malawi Congress Party became the only political

                                                                               5
party, leading to a one party system. In 1971 Dr Banda was declared life
president of the Malawi Congress party and the Government, thereby
entrenching the one-party rule. Consequently the country experienced a
dictatorial rule for thirty years, where autocracy was the rule of the day.
Basic freedoms to participate in any form of activity were curtailed and heavily
controlled.
The referendum was held in the year 1993 that paved way for the introduction of
the Multi – party system of Government. In the year 1994 (May) Malawi had the
first ever multi – part elections, and the United Democratic Front party won the
elections. Currently, Malawi is enjoying the Multi-party system of government
with Dr Bakili Muluzi as the president.

The year 2004 will be seeing yet another dramatic change in the political
atmosphere as the country is going to the polls. The ruling party has already
formed an alliance with one of the political party from the opposition camp
(Alliance for Democracy - AFORD) while several opposition parties are trying to
come up with a coalition to unseat the country‟s ruling party.
The climax of democracy has reached the central stage when currently there are
thirty-one (31) political parties contesting in the 2004 Presidential and
Parliamentary elections scheduled for the month of may.

1.2.1 DEMOCRACY PUT TO TEST
With barely five month to the next parliamentary and presidential election, Malawians have put
democracy to test by what other political analysts call “Constitutional Crisis” where the one time
the central region UDF loyalist and for the 10 years Government Vice President has resigned and
joined the opposition part by the name of Peoples Progressive Movement (PPM) Where he is also
elected First Vice President.
However he has currently declared himself as an Independent Presidential Candidate and he has
gone ahead to collect the nomination papers for the 2004 presidential race.

The Country has registered thirty-one (31) political parties within a period of nine years.


        TABLE 1. REPRESENTATION OF THE MALAWIAN NATIONAL ASSEMBLY
                                1999 - 2004
         TOTAL ELECTED REPRESENTATIVES        193     %
         OF WHICH
         Women representative                  17     8.8
         Men representative                   176    91.2
         REPRESENTATION FROM POLITICAL
         PARTIES
         United Democratic Front (UDF)         97    50.3
         Malawi congress party (MCP)           61    31.6
         Alliance for democracy (AFORD)        30    15.5
         Independents                           5     2.6
         AVARAGE AGE OF MEMBERS                48    YRS


1.3 GOVERNMENT ADMINISTRATION
These are categorically divided into two that includes:
   I. The Central government administration
  II. The Local government administration
                                                                                                6
1.3.1 Central Government Administration consists of
     The Legislative Branch, that, at present consist of only the National
       Assembly. However, the Malawi Constitution provided for a second
       Chamber, the Senate, which was abolished in the 2000 Parliamentary
       sitting through a highly contested constitutional amendment.
     The Judiciary Branch, that consists of the Supreme Court of Appeal; the
       High court and the Magistrate‟s courts.
     The Executive Branch, that comprise of the Cabinet, Civil and Civil Service
       Commission.
The President, who is elected every five (5) years by the direct universal adult
suffrage, heads the Executive. The tenure of the presidency is limited to two five
year‟s terms.
1.3.2 Local Government Administration
The country is administratively divided into twenty-seven districts. Each district is
further sub-divided into traditional authorities headed by chiefs and covering a
number of villages. Due to some government reform policy programmes the
country is under going the decentralization process where there are now thirty-
nine (39) districts assemblies. The first Local Government elections were
conducted on 21 November 2000.

       TABLE 2. DISTRIBUTION OF CENTRES

        ITEM        DESCRIPTION                 NUMBER
            1       District Assemblies             39
            2       City Assemblies                  3
            3       Municipal Assembly               1
            4       Town Assemblies                  8

WATCHDOG’ INSTITUTIONS
In addition to provision for the separation of power, the government has put in
place two (2) institutions, the Office of the Ombudsman and the Anti-Corruption
Bureau that serves as checks on the abuse of authority and mal-administration.
The office of the Ombudsman was established under the constitution to entertain
complaints from individuals against instances of injustice, discrimination and
victimization that border on mal-administration. The Anti-Corruption Bureau was
established in 1995 to prevent and control corruption practices at all levels, in
order to facilitate a corrupt–free society and contribute towards good
governance.

  2.0 SOCIAL-ECONOMICAL OVERVIEW
  Malawi is among the least developed countries in the world, with about 65% of
  the population living in the rural areas and within the poverty lines, whose
  daily earning per capita does not exceed 1 US$ per day.
  The Agriculture sector counts for about 35% of the GDP and about 90% of
  export earnings and employs slightly over 80% of the rural labour.
  The main cash crop is Tobacco. The crop also offers as a source of rural
  employment in the Tobacco Estates, however the price of the crop has of late
  met a lot of obstacle with the world lobbying for Non – Smoking campaign.
                                                                               7
  The main staple food crop is maize.

   Key issues that require redress for a high Social – economic growth includes;
  -Achieving the economic growth rate sufficiently above the rate of population
  growth
  -Promoting labour-intensive investment and policies to ensure a more equitable
  income distribution
  -Land redistribution
  -Improve gender equity
  -Access by poor target groups to credit and market information.
It was against this background that the current government in 1994 instituted a
poverty reduction program called Poverty Alleviation Program (PAP).

2.1INFLATION AND MONEY SUPPLY
Between 1980 and 1990, the inflation rate remained stable averaging 16.6
percent. During the period of 1990 to 2000, the annual inflation rate fluctuated.
As indicated on the graphic representation below; during the period of reforms,
the exchange rate between the Malawi Kwacha and the United States Dollar
moved from MK1.05 in 1994. By February 2004 the Kwacha is trading at
MK110.00 to the US$1.00. High physical deficits have during the structural
adjustment period necessitated excessive government borrowing, which in turn
had led to high interest rates for example lending rates moved up from 29.5
percent in 1993 to 52 percent in 2001. High interest rates have worsened
poverty as the poor fail to raise credit resources to maximize agricultural
production and other income generating activities.

      TABLE 3. TRENDS IN MONEY SUPPLY AND INFLATION 1990-2000



              100

              80

              60                                                                             MONEY SUPPLY

                                                                                             INFLATION
              40

              20

               0
                    1990   1991   1992   1993 1994   1995   1996 1997   1998   1999   2000




2.2 BASIC SOCIAL SERVICES

2.2.1EDUCATION
Free basic education is a recognized human right under the Universal
Declaration of the Human Rights:” Everyone has the right to education.
Education shall be free, at least in the elementary and fundamental stages.
Elementary education shall be compulsory” (Article 26)
The Government of Malawi considers education as one of the main catalysts to
poverty alleviation and a pre-requisite for the economic takeoff. Hence the
constitution incorporates as a principle of national policy the provision of

                                                                                                            8
 adequate resources towards the education sector in order, among others,
 “eliminate illiteracy in Malawi” (and) “make primary school compulsory and free
 to all the citizens of Malawi” (Section 13(f), pg. 14) In 1994 after the first Multi
 party elections the ruling party declared that primary education should be free
 and the tuition fee abolished. Consequently, the school year 1994/95 the
 enrolment shot up from 1.9 million to 3.2 million. Despite the great effort by the
 present government few challenges still stands that includes;
Non attendance, in as a result of;
-Lack of awareness to part of parents and guardians of the importance of
education
-The observed failure of education improving the employment prospects
-Poverty that compels children to seek work instead of attending school
-Long distances from school

2.2.2 HEALTH
At the national level, Malawi has demonstrated a commitment to providing its
population with access to health care. One of the principles of the tenets of the
1995 Malawi constitution is;
“To provide adequate health care, commensurate with the health needs of
Malawian society and international standards of health care” (Section 13‟c‟)
However the long-term aspirations focused on;
“There will be adequate skilled medical personnel. Hospitals and Dispensaries will
be within easy reach and will have enough drugs and equipment.”
To achieve the set goals the government had put forward objectives that
included;
-Increase access to health care facilities and basic health care services
-Provide better quality of health care
-Increase, retain and improve the quality of trained human resources
-Improve efficiency and equity in resource allocation
-Strengthen collaboration and partnership between the health sector,
communities, local government and the private service providers
-Increase overall resources in the health sector

Information provided by the integrated Household Survey (HIS) indicates
increase mortality. High effort in the sector to improve and gain in the life
expectance still stands a big challenge due to the impact of the increasing
incidence of HIV/AIDS. Currently the Malawi government has de-linked the
HIV/AIDS activities from the ministry of Health and Population, hence introducing
a separate ministry called „Ministry of HIV/AIDS Management”

2.2.3 GENDER EQUALITY AND WOMEN EMPOWERMENT
Malawi has increasingly realised the fullest and complete development of the
requirement that maximum participation of women on an equal terms with men
in all fields is essential. Women in Malawi constitute 51% of the country‟s
population. Malawi ratified the Convention on the Elimination of All Forms of
Discrimination Against Women (CEDAW) in 1987 and the constitution cites
obtaining gender equality as a principle of national policy. Despite all these

                                                                                   9
efforts by various stakeholders much still stand undesired as seen in the table
below;
             TABLE 4. WOMEN’S REPRESENTATION IN TOP PUBLIC POSITION

             No     SECTOR                  TOTAL      WOMEN   OVERALL
                                            POSITION   HEADS   WOMEN
                                                               %
             1.0    POLITICS
             1.1    Cabinet                   33         6        1.8
             1.2    Parliament                176        17       8.8
             1.3    Party positions            -          -        -

             2.0    CIVIL
             2.1    Government                 48        5       10.4
             2.2    District Assemblies         -        -        -
             2.3    Statutory Corporation      27        1       3.7

             3.0    JUDICIARY
             3.1    High Court Judges         22         2        9.1
             3.2    Magistrates               153        15       9.8

             4.0    DIPLOMATIC POSTS
             4.1    Heads                      20        2        10


3.0 TRADE UNION MOVEMENTS

3.1 BACKGROUND
The 1966 Republic of Malawi Constitution was notorious for, among other
reasons, the abrogation of the bill of rights and its replacement with a terse
statement of “Fundamental Principles of Government.” To no surprise that
Unionisation was like a recent phenomenon in the Malawian culture. Most Unions
are new, established during the first few years of political pluralism. The few that
existed at indecency period, i.e. Local Government union and the Teachers Union
of Malawi were dormant and docile during the long, harsh political environment
of one party autocratic rule. Generally, labour unions are organized along
sectoral lines. There is provision in the Labour Relations Act 1996, though, for
both sector and industrial level unions. That particular provision relates to
collective bargaining. Currently, there were 16 registered labour unions and they
were all affiliated to MCTU before the Government deregistered ESCOM Workers
Union. This is one way in which the Government is trying to weaken the labour
movement. In Malawi there are two labour centres, the Congress of Malawi
Trade Union (COMATU) that comprises of mainly workers in the Civil Service and
those of Local Government. The centre came about as a result of Government‟s
encouragement to frustrate the genuinely democratically constituted Unions
(MCTU).

3.2 UNION STRUCTURES AND POLICY FORMATION
The Malawi Congress of Trade Unions (MCTU) has so far had 16 affiliates with
paid up membership of not more than 150,000 the biggest being Teachers Union
of Malawi, however, the above figure has been reduced due to deaths as a result
of HIV/AIDS, closure of companies and privatization process. Since Malawi
started enjoying multiparty politics in 1994, over 20 companies have closed due
to various economic setbacks ranging from high inflation rates, currency
depreciation as well as high lending rates and high tax charges on imported raw
                                                                                 10
materials. According to the projection made by the Ministry of Labour, it was
expected to have potentials membership exceeding 1 million by the early 2000.
      TABLE 5. LEVELS OF UNIONISATION IN PUBLIC AND PRIVATE SECTOR

        No                      UNION                         PAID-UP       POTENTIAL
                                                             MEMBERS       MEMBERSHIP
        1    Escom workers Union                                     983           3000
        2    Teachers Union of Malawi                              62000          66200
        3    Tobacco Tenants & Allied workers Union                 6616          11563
        4    Malawi Housing workers Union                            234           1000
        5    Railways Workers Union                                 1200           1800
        6    Transport and General workers Union                    3000          10000
        7    Commercial and Allied workers union                    1000          30000
        8    Sugar Plantation & Allied workers Union                 500          15000
        9    Hotels, Food Processing & Catering workers             1029          35000
             Union
        10   Building, Construction, Civil Engineering &           4960           35000
             Allied workers union
        11   Plantation and Agriculture workers union              6000           11000
        12   Water Utility workers union                           1200            5000
        13   Private Schools workers union                         3800           10000
        14   Communication workers union
        15   Electronic Media workers union                         210             600
        16   Textile, Leather Garment and Security workers         5000           15000
             union



3.3 ACHIEVEMENTS MADE SINCE POLITICAL PLURALISM
 Since 1995, MCTU has helped to reform laws. For instance, the Labour
Relations Act 1996 which replaced the Trade Union Act, which was repealed in
1996. This particular Act severely restricted trade union activities.
 MCTU also helped established the Industrial Relations Court, the introduction
of the Occupational Safety, Health and Social Welfare Act 1998, which focuses
on protection of workers‟ health, occupational diseases and injuries, and
inspection of work place. The Act imposes penalties for breaching the law.
 As well, MCTU has helped with the introduction of the Employment Act 2000,
which spells out conditions of employment, including work contracts and hiring
and dismissals, and employment of young workers.
 In addition, MCTU has helped with the introduction of the Workers
Compensation Act 2000, which established the workers‟ compensation fund to
which employers have to contribute. The act also spells out compensation for
death or injuries at work and the provision of medical aid.

3.4 CHALLENGES
(a)    Inadequate material resources
      MCTU has no infrastructures of its own which makes it to heavily depend
      on rented premised paid by well wishers/cooperating partners. Poor
      delivery of union services and delays in implementation of Organising
      Programmes due to lack of material resources, i.e. Transport.

(b)    Inadequate human resources in various disciplines
      MCTU has no well trained and fulltime personnel in various disciplines ie
      legal adviser, researcher, genders specialist etc.    This problem is
      aggravated by prevalence of HIV/AIDS related deaths. Inadequate


                                                                                          11
      negotiators in the trade union movement leading to over reliance on the
      same busy leaders who have been trained in negotiating skills.

(c)    Inadequate financial resources
      A lot of union members have been lost through privatization, closure of
      companies. The few members that subscribe 1% of their monthly wages
      to affiliates have low income earnings and instead of the unions
      subscribing 30% on their check-off collections, it was agreed that each
      affiliate pays a round figure of K3, 000.00 of which is not enough to run
      the activities of the mother body, (Non payment of subscriptions by
      affiliates).

(d)     HIV/AIDS
        A lot of productive human resource is lost due to HIV/AIDS related
        deaths.
The numerous changes caused by technological advancement, drastic changes in
the economy as well as the labour market dynamics pose a lot of challenges to
the Labour Movement in Malawi.           The problems of unemployment are
accompanied by declining social services, high prevalence of HIV/AIDS blatant
violation of human and trade union right and poverty.

MCTU is undergoing very challenging times since the declining membership has
resulted in a reduced bargaining scope and the narrowing of collective
bargaining coverage. The workers have been under attack and legal protection
being greatly undermined.

For a long time MCTU had wished to recruit full time specialists in the areas of;
   a) Research and Information
   b) Gender and Equality
   c) Child Labour
   d) Organising
   e) Capacity building (Education and training)
   f) Legal affairs.
However, these plans have just been wishful thinking and have failed to
materialise for either one of the stipulated challenge indicated above.

OPPORTUNITIES AND EXISTING POTENTIALS
The existence of the Employment and Labour Relations Acts has created
conducive environment for the union to organize and bargain. The involvement
of MCTU in the formulation of MPRSP, National Gender Policy and National
HIV/AIDS policy gives the union a milestone to negotiate for better working
conditions at tripartite forum.




                                                                              12
4.0 MCTU VISION

The organisation intends to build a strong labour movement through the
establishment of permanent structures.
The involvement of Trade Unionist in formulation of the PRSP shows maturity on
the part of the government creating a conducive climate for a continued dialogue
on matters on of national interest.
                  TABLE 6. LEADERSHIP DISTRIBUTION BY GENDER

                                         KEY – X MALE    X – FEMALE

NO   NAME OF UNION                                                       POSITION
                                         PRESIDENT      VICE          GENERAL       VICE          TREASURER
                                                        PRESIDENT     SECRETARY     GENERAL/SEC
                                           M      F       M     F      M       F     M      F     M     F
1    ESCOM Workers Union                   X              X            X             X            X
2    Teachers Trade Union                  X              X            X             X                  X
3    Tobacco Tenants & Allied Workers      X              X            X             X            X
     Union
4    Malawi Housing Workers Union          X             X             X            X             X
5    Railways Workers Union                X             X             X            X             X
6    Transport and General Workers         X             X             X            X                   X
     Union
7    Commercial and Allied Workers         X                    X      X                   X            X
     Union
8    Sugar Plantation & Allied Workers     X             X             X            X                   X
     Union
9    Hotels, Food Processing and           X             X                    X     X                   X
     Catering Workers Union
10   Building, Construction, Civil         X             X             X            X             X
     Engineering & Allied Workers
     Union
11   Plantation and Agricultural           X             X             X                   X      X
     Workers Union
12   Water Utility Workers Union           X             X             X                   X      X
13   Private Schools Teachers Union        X             X             X            X             X
14   Communication Workers Union           X             X             X            X             X
15   Electronic Media Workers Union        X             X             X            X             X
16   Textile, Leather Garment &                   X      X                    X                   X
     Security Service Workers Union
     TOTAL                                15      1      15     1     14      2     13     3      11    5


From the data that is available above, it clearly indicates that males are
dominating the leadership positions of the Malawi Congress of Trade Union
(MCTU) affiliates. For example from the sixteen affiliates listed above, there are
1, 1,2, 3 and 5 for the President, and the Vice, General Secretary, and the vice,
and the Treasurer General respectively.




                                                                                                  13
         TABLE 7.
             GRAPHIC REPRESENTATION BY GENDER ON THE MEMBERSHIP FROM THE
                                   AFFILIATES



14000
12000
10000
 8000
                                                                                               M/M
 6000
 4000
 2000                                                                                          F/M
    0




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                                                                                               TT/M

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             W




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                             M/M = MALE MEMBERS
                             F/M = FEMALE MEMBER
                            TT/M = TOTAL MEMBERS

NO           ABBRIVIATION
 1        ESCOMWU           Electricity Supply Commission Of Malawi workers Union
 2        TUM               Teachers Union of Malawi
 3        TT&AWU            Tobacco Tenants & Allied workers Union
 4        MHC/WU            Malawi Housing workers Union
 5        RWU               Railways Workers Union
 6        T&GWU             Transport and General workers Union
 7        C&A /WU           Commercial and Allied workers union
 8        SP & AWU          Sugar Plantation & Allied workers Union
 9        HFP&C/WU          Hotels, Food Processing & Catering workers Union
10        BWU               Building, Construction, Civil Engineering & Allied workers union
11        P&A/WU            Plantation and Agriculture workers union
12        WUWU              Water Utility workers union
13        PRISTU            Private Schools Teachers workers union
14        CWU               Communication workers union
15        EMWU              Electronic Media workers union
16        TLGS/WU           Textile, Leather Garment and Security workers union




                                                                                          14

				
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