Country profile MWI
Context
Context
| Year | Age group | Proportion | Gender | Indicator | Source |
|---|---|---|---|---|---|
| 2020 | 5-17 | 11.913 | Male | Proportion of children engaged in economic activity, by sex and age (%) | Source |
| 2020 | 5-17 | 8.026 | Female | Proportion of children engaged in economic activity, by sex and age (%) | Source |
| 2020 | 5-17 | 9.954 | Male & Female | Proportion of children engaged in economic activity, by sex and age (%) | Source |
| 2020 | 5-17 | 14.065 | Male | Proportion of children engaged in economic activity and household chores, by sex and age (%) | Source |
| 2020 | 5-17 | 13.877 | Female | Proportion of children engaged in economic activity and household chores, by sex and age (%) | Source |
| 2020 | 5-17 | 13.97 | Male & Female | Proportion of children engaged in economic activity and household chores, by sex and age (%) | Source |
National Legal Framework
National Legal Framework
| Provision | Legislation date | Convention | Legislation info | Value | sort_order | Provision description | Legislation description |
|---|---|---|---|---|---|---|---|
| Is the use, procuring or offering of children for illicit activities, in particular for the production and trafficking of drugs, prohibited? | No information | C182 | No information | No | 11 | C182 prohibits the use, procuring or offering of children for illicit activities in particular for the production and trafficking of drugs. | No information |
| Is the use, procuring or offering of a child for the purpose of prostitution and for production of pornography prohibited? | 1930-04-01 | C182 | Penal Code - Sections 140 and following | No | 10 | C182 prohibits the use of a child under the age of 18 for prostitution, regardless of the child's consent. The use, procuring or offering of any person under the age of 18 for commercial sexual exploitation constitutes a worst form of child labour, even if prostitution is a legalised. In regard to the prohibition of child pornography, States need to make sure that national legislation addresses the involvement of a child in the production of pornographic materials, including non-recorded performances. | Penal Code of 1930, as amended by Act No. 9 of 1999, establishing offences related to the procuring or offering of a girl or woman, or the indecent assault of boys under the age of 15 (sections 140 and following). However, the Committee noted that there appeared to be no provision criminalizing the use of a child by a client for prostitution and, furthermore, there were no provisions that protect boys aged 15 to 18 years from the use, procuring or offering for prostitution. |
| Is forced or compulsory recruitment of children under 18 for use in armed conflict prohibited? | 2004 | C182 | Defense Force Act - Section 19. 2 | Yes | 9 | C182 defines forced or compulsory recruitment of children under 18 for use in armed conflict as a worst form of child labour. Nevertheless, C182 only prohibits the forced or compulsory recruitment of children under 18, and does not cover the voluntary recruitment of children under 18. | Section 19.2 of the Defense Force Act states that, a recruiting officer shall not enlist a person under the age of eighteen years or over the age of twenty-four years. |
| Is the sale and trafficking of children for sexual and labour exploitation prohibited? | 2000-05-14 | C182 | Employment Act - Section 4 | Yes | 8 | C182 defines all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour as worst forms of child labour. | The Employment Act was amended in 2021 to prohibit the land tenancy labour system, which was one of the main causes of leading children to work in hazardous conditions in tobacco plantations. In accordance with the new section 4 of the Employment Act, any person who exacts or imposes forced or tenancy labour on another person or causes or permits another person to perform forced or tenancy labour, commits an offence which is punishable by a fine of five million Kwacha (approximately US$5,000) and imprisonment for five years. |
| List of hazardous activities prohibited for children | 2012-01-25 | C138 & C182 | Employment (Prohibition of Hazardous Work for Children) Order | Yes | 7 | C138 and C182 require the national determination of a list of hazardous work prohibited for children under 18 years of age. The competent authorities should consult with workers' and employers' organizations to determine what types of employment or work are considered to be hazardous. Such a list shall be periodically examined and revised as necessary. | This Order contains an extensive list of prohibited types of work for children under 18 years of age in the following sectors: agriculture; industry (including the tobacco sector); entertainment; tourism; health; and miscellaneous. A countrywide dissemination programme of the gazette is being implemented in collaboration with ILO–IPEC. |
| Minimum age for hazardous work | 1994 amended in 2017 | C138 & C182 | Constitution 1994 - Section 22 | 18 | 6 | C138 and C182 set 18 as the minimum age for hazardous work, which is defined as work that, due to its nature or the circumstances in which it is carried out, is likely to jeopardize children’s health, safety or morals. C138 and C182 allow countries to permit hazardous work exceptionally as from 16, provided that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or training. | Section 22 (1) states that no person between the age of fourteen and eighteen years shall work or be employed in any occupation or activity that is likely to be— (a) harmful to the health, safety, education, morals or development of such a person; or (b) prejudicial to his attendance at school or any other vocational or training programme. (2) The Minister may, in consultation with relevant organizations of employers and employees, specify, by notice published in the Gazette, occupations or activities which, in his opinion, are likely to have the effect mentioned in subsection (1). |
| Minimum age for admission to apprenticeship | 2000-05-14 | C138 | Employment Act - Section 21 (2) | 14 | 5 | C138 does not apply to work done in school for general, vocational or technical education or in training institutions or work done by children at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority. Such work must be an integral part of: (i) a course of education or training for which a school or training institution is primarily responsible; (ii) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (iii) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. | Section 21 (2) provides that subsection (1) shall not apply to work done in homes, vocational technical schools or other training institutions: Provided that work done in a vocational technical school or other training institution is— (a) approved and supervised by a public authority; or (b) an integral part of the educational or vocational training programme for which the school or institution is responsible. |
| Is the minimum age for admission to work not less than the age for completion of compulsory schooling? | 2013 | C138 | Education Act - Section 13 | No | 4 | C138 requires member States to align the age of completion of compulsory education with the minimum age for admission to employment or work. | According to Section 13, the provision of primary education in Government schools shall be free of tuition to all and compulsory for every child below eighteen years of age, which is above the minimum age for admission to work set to 14 years. |
| Light work - Determination of types and conditions of activities | No information | C138 | As light work is not allowed in Malawi, the national legal framework does not determine what activities are considered light work, and the hours and the circumstances under which they may be carried out. | N/A | 3 | If the country chooses to allow light work, States must determine what activities are considered light work, and the hours and the circumstances under which they may be carried out. | No information |
| Minimum age for light work | No information | C138 | National legislation in Malawi does not allow light work. | N/A | 2 | C138 defines light work as work that does not interfere with children’s schooling, or their ability to benefit from it, and that is not hazardous. C138 allows countries to permit light work for children younger than the general minimum age. For countries that set the minimum age at 15, this means children aged 13-14, and for those that set it at 14, children aged 12-13 may engage in light work. | No information |
| Minimum age for admission to work | 2000-05-14 | C138 | Employment Act - Section 21 (1) | 14 | 1 | C138 establishes 15 as the minimum age for work in general. Developing countries have the option of setting a minimum age of 14 as a transitional measure as they strengthen their education systems and economies. | Section 21 (1) provides that no person under the age of fourteen shall be employed or work in any public or private agricultural, industrial or non-industrial undertaking or any branch thereof. |
International Legal Framework
International Legal Framework
| Ratification status | Convention | Convention description | Date of ratification | Source |
|---|---|---|---|---|
| in-force | C182 | Worst Forms of Child Labour Convention, 1999 (No. 182) | 19-NOV-1999 | Source |
| in-force | C138 | Minimum Age Convention, 1973 (No. 138) | 19-NOV-1999 | Source |
Policies and Plans
Policies and Plans
| Description | sources | Period | Policy name | Implementing agency |
|---|---|---|---|---|
| The main priority areas of the NAP II are: (i) Legal and Policy Framework; (ii) Capacity Building; (iii) Awareness Raising; (iv) Prevention, Withdrawal, Rehabilitation and re-Integration; (v) Chronic Illnesses and HIV and AIDS in the context of Child Labour; (vi) Child Labour Information Base and Management; and (vii) Availability of Child Labour Information. | [{"link_name":"NAP II","source_link":"https://www.ilo.org/africa/countries-covered/zambia/WCMS_884480/lang--en/index.htm"}] | 2020-25 | The National Plan of Action (NAP II) | The National Steering Committee (NSC) on Child Labour and The National Technical Working Group (NTWG) on child labour |