Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Equal Remuneration Convention, 1951 (No. 100) - Malawi (Ratification: 1965)

Articles 1 and 2 of the Convention. Assessing the gender pay gap and its underlying causes. Statistics. Recalling the importance of statistics to address fully the persisting remuneration gap between men and women and assess the impact of any steps taken to reduce such gap, the Committee notes that, despite its previous requests, no statistics on the remuneration of men and women workers were provided by the Government. The Committee further recalls that the Gender Equality Act (GEA) of 2013 in section 23(1)(d) provides for the adoption of ministerial regulations for “the collection of data on incidences and causes of discrimination on account of gender for the purposes of policy reform and programming”. The Committee asks the Government to create the necessary conditions for the collection and processing of data on the earnings of men and women in the public and private sectors, including in the agricultural sector, and hopes that it will soon be in a position to do so and send such statistical data once they are available. The Committee asks once again the Government to provide information on any regulations issued under the GEA and on their implementation, or other action taken to collect and analyse, in the framework of the GEA, any statistical data on the nature, extent and causes of inequalities in remuneration between men and women.

Articles 2 and 3. Application of the principle of equal remuneration for men and women for work of equal value. Objective job evaluation. Public Service. The Committee welcomes the Government’s indication that the Civil Service Job Grading Structure was developed on the basis of the Points Factor Rating Job Evaluation Method based on the following seven factors: knowledge and experience; complexity and creativity; judgement and decision making; influence (or seniority); communication; mental judgement; and physical environment. The Government also indicates that the Civil Service Remuneration Structure is based on the Civil Service Job Grading Structure and therefore is free from gender bias. Referring to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Committee welcomes the adoption of the Malawi Public Service Management Policy 2018–22 as it refers both to the GEA which prohibits discrimination based on sex and to the Employment Act of 2000 which provides for “equal remuneration for work of equal value without distinction or discrimination of any kind, in particular on the basis of … sex” (section 6(1)). The Committee notes that the Policy states that “the public service also lacks a harmonized pay structure, which means that officers of similar qualifications and experience are remunerated differently, depending on the public agency that they work for” and the “[b]enefits in the public service are also perceived to be inequitably distributed”. It further affirms that the Government undertakes to “[h]amonise conditions of service and the pay structure across the public service and comprehensively review them every five years”. The Committee is of the view that a harmonized pay structure in the public service would help close the gender pay gap as women often tend to be employed in lower-paying agencies, jobs or occupations and to have a limited access to additional benefits related to employment. In this respect, the Committee recalls that “the establishment of centralized minimum standards, narrow pay dispersion and transparency of pay and promotion structures have been identified as factors that could address the pay structure differences and help reduce the gender pay gap (see General Survey on the fundamental Conventions, 2012, paragraph 712). The Committee asks the Government to provide information on the implementation of the Malawi Public Service Management Policy 2018–22 with respect to equal remuneration for men and women public servants for work of equal value, including specific information on the process of harmonization of the pay structure across the public and the results achieved.

Occupational gender segregation. With respect to that point, as an underlying cause of pay disparities, the Committee notes the Government’s indication that despite efforts to encourage women to apply for jobs in male dominated fields (such as engineering) and men to join female dominated professions (such as nursing), the trend of having male and female dominated fields still continues in the public service, in particular in terms of representation in decision-making positions (in grade A, there are 25 per cent of women – that is, only one – and in grade B, 10 per cent). The Government adds that this is mainly due to the fact that men have higher educational and professional qualifications than women. With reference to its comments on the promotion of gender equality in the public service under Convention No. 111, the Committee welcomes the measures taken by the Government in this respect, such as the requirement to nominate at least one woman out of three recommendations for presidential appointment, the establishment of a Gender Coordinating Unit in the Department of Human Resource Management and Development, the conduct of annual gender audits, and the implementation of Leadership Development Programmes targeting men and women public servants at different grades. Recalling the importance of addressing equal remuneration between men and women in the context of a more general policy to promote gender equality and address discrimination based on sex, the Committee asks the Government to continue to take initiatives, such as increased training opportunities, to promote the access of women to higher level positions and promote gender equality throughout the public service at all levels and in all occupations. The Committee also asks the Government to continue to provide statistics on the representation of women in decision making positions (grades A to F).

Private sector. Recalling that the Employment Act of 2000 provides for equal remuneration for work of equal value without any discrimination, in particular based on sex, and noting the lack of information in this respect regarding the private sector, the Committee asks the Government to provide specific information on the steps taken to promote the application in practice of this principle specifically in the private sector and the use of objective job evaluation methods.

Enforcement and awareness-raising. The Committee recalls that the Human Rights Commission (MHRC) is responsible for the enforcement of the GEA, and has a duty to monitor and assess Government policies and practices on gender equality (section 9(1)). It notes the Government’s general indication that no complaint has been registered with this institution as regards discrimination based on sex with respect to remuneration. The Government also indicates that no court of law or other tribunals have given decisions involving issues relating to the principle of the Convention. The Committee notes that members of the judiciary were trained on the GEA and that the Government is planning the implementation of awareness-raising and sensitization programs by the MHRC on the provisions of the GEA and in relation to the provision on equal remuneration for work of equal value of the Employment Act among all sectors of the country, including labour inspection and agriculture extension workers. Recalling the importance of raising awareness of the relevant legislation, in cooperation with workers’ and employers’ organizations, to enhance the capacity of employers and workers as well as the competent authorities, including judges, labour inspectors and other public officials, to identify and address cases of discrimination and unequal pay, the Committee asks the Government to focus its efforts of training and awareness-raising more specifically on the principle of equal remuneration for work of equal value. The Committee also asks the Government to ensure that access to appropriate procedures and remedies is effective, and to continue to provide information on any cases of violation reported to, or detected by, the labour inspectors, and any related judicial decisions regarding the equal pay provisions in the Employment Act, as well as any cases addressed by the MHRC regarding discrimination based on sex with respect to remuneration.