Forced Labour Convention, 1930 (No. 29) - Malawi (Ratification: 1999)
Protocol of 2014 to the Forced Labour Convention, 1930 - Malawi (Ratification: 2019)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comments

1. Trafficking in persons

Articles 1(1) and 2(1) of the Convention, and Article 1(2) of the Protocol. Institutional framework. In its previous comments, the Committee noted the creation of the National Coordination Committee Against Trafficking in Persons, under the Trafficking in Persons Act of 2015, as the entity responsible for the formulation of policies, programs and strategies to prevent and suppress trafficking in persons. In this regard, the Committee notes the Government’s indication in its report that this entity has put in place capacity-building for enforcement bodies, implemented awareness-raising activities and monitored the conditions of rescued victims of trafficking in shelters. The Government adds that the Anti-Trafficking Fund (created under section 51 of the Trafficking in Persons Act) is operational with public funding to support prevention measures and investigations of trafficking cases.

The Committee notes with interest the adoption of the country’s first National Plan of Action Against Trafficking in Persons for the period 2017–22, which is based on five priorities: (i) prevention of trafficking in persons; (ii) support and protection of victims; (iii) detection, investigation and prosecution of trafficking offences; (iv) partnership, coordination and sustainable financing; and (v) research, monitoring and evaluation, and reporting. The National Plan sets an institutional framework which includes village development committees, and a results framework with specific outcomes and indicators. The Committee also notes that Technical Working Groups on Trafficking in Persons have been established in eight districts to coordinate anti-trafficking activities at district and local level.

The Committee welcomes the institutional framework established to combat trafficking in persons andrequests the Government to provide information on any assessment conducted concerning the implementation of the different components of the National Plan of Action Against Trafficking in Persons. It also requests the Government to continue to provide information on the activities of the National Coordination Committee Against Trafficking in Persons.

Article 25 of the Convention and Article 1(3) of the Protocol. Enforcement of anti-trafficking legislation. The Committee notes the Government’s indication that labour, police and immigration officers have been designated as enforcement officers of the Trafficking in Persons Act, and that this has helped to strengthen collaboration among these three sets of public officers. It notes that enforcement officers have been continuously trained with support from the United Nations Office on Drugs and Crimes (UNODC). Regarding the application of section 14 of the Trafficking in Persons Act (criminalization of trafficking in persons), the Government indicates that from 2020 to August 2022, a total of 55 cases were recorded and prosecuted. Of these, 36 cases have been completed with convictions secured for 27 cases, one discharged and eight acquittals. 19 cases are still pending in Court. The Committee requests the Government to provide information on the measures taken to strengthen the capacities of labour, police, and immigration officers to detect and investigate cases of internal and transnational trafficking in persons, including information on the difficulties faced in this regard. It also requests the Government to continue to provide information on the number of prosecutions initiated, convictions handed down and penalties imposed under section 14 of the Trafficking in Persons Act.

Article 2 of the Protocol. Prevention. Clauses (a) and (b). Awareness-raising, education, and information. The Committee notes the implementation of a National Communication Strategy on Trafficking in Persons during the period 2020–22, which aimed at increasing the number of reported cases of trafficking, garnering political support, ensuring adequate allocation of resources, and motivating civil society to help traditionally excluded groups. The Strategy also envisaged measures to sensitize business owners and farmers and enhance their knowledge about labour laws. The Committee requests the Government to provide specific information on education and awareness-raising activities aimed at strengthening employers’ knowledge about the relevant labour legislation andat preventing their becoming involved in forced labour practices.

Clause (d). Protecting migrant workers from possible abusive and fraudulent practices. The Committee notes that, in 2016, the Government adopted labour export guidelines for private and employment agencies and migrating individuals aimed at reducing vulnerabilities during the migration process (Republic of Malawi, National Voluntary Review of the Global Compact on Migration). The Committee requests the Government to provide information on the impact of the measures taken to prevent abusive recruitment practices that could lead to situations of forced labour of Malawian workers both internally and abroad.

Article 3 of the Protocol. (i) Identification of victims. The Committee notes the Government’s indication that police officers and labour inspectors are responsible for identifying victims of forced or compulsory labour and their release. It notes that the First Schedule of the Trafficking in Persons Act contains guiding principles for conducting screening interviews for the identification of trafficked persons. Such principles include the consent of the presumed victim, protection against re-traumatization, and anonymity and confidentiality. The Second Schedule of the Act contains a Trafficked Person Screening and Identification Form with questions related to the way the presumed victim entered the situation of trafficking and to the form of exploitation. According to that schedule, a trafficked person can only be conclusively identified as such if the distinct elements of the crime of trafficking have been detected.

The Committee further notes that according to the information of UNODC, in 2022, the Malawian Police Service identified and rescued over 90 victims of trafficking in persons in the Dzaleka Refugee Camp. Most of the victims were men from Ethiopia between 18 and 30 years of age who were subject to forced labour in farms or inside the camps; as well as girls and women between 12 and 24 years of age from Ethiopia, Burundi, and the Democratic Republic of Congo, who were sexually exploited or were to be transported for the purpose of exploitation to other countries in Southern Africa (UNODC, Press Release, May 2022). The Committee requests the Government to continue to take measures to ensure the proper identification of victims of trafficking in persons, for both sexual and labour purposes, and to provide information on the results achieved.

(ii) Protection and rehabilitation. The Committee notes that in accordance with section 43 of the Trafficking in Persons Act, social welfare officers have been appointed as protection officers tasked with ensuring that victims of trafficking in persons who are placed in shelters are well protected and provided with social and psychological support services. It also notes that, in 2019, the National Coordinating Committee issued the Standard Operating Procedures (SOPs) For Identification and Assistance To Victims of Trafficking in Persons and National Referral Mechanisms In Malawi (SOPs and NRM). The SOPs and NRM have the purpose to assist law enforcement bodies to respond and conduct professional investigations that strive towards immediate and appropriate psychological and legal assistance to the victims and their families, and increase the efficiency of all stakeholders to protect victims of trafficking. The Government indicates that there are four shelters for victims of trafficking, where they can receive social and psychological support, as well as vocational training as part of their rehabilitation. The Committee requests the Government to continue to provide information on the measures taken for the protection, recovery, and rehabilitation of victims of trafficking in persons, including those who were rescued in situation of transit to other countries as well as on the measures taken to facilitate the voluntary repatriation of victims of trafficking.

Article 4 of the Protocol. Access to appropriate and effective remedies for victims, such as compensation. The Committee notes the Government’s indication that almost all cases of forced labour in Malawi take place away from one’s home area and are tried under section 40 of the Trafficking in Persons Act. According to this provision, a trafficked person, irrespective of his/her immigration status, has the right to institute civil proceedings against any person including a public officer in respect of an offence under the Act, or to seek compensation, restitution, and recovery in damages from any person or from the proceeds of disposal of assets of any person connected with the offence. The Committee requests the Government to provide information on the number of civil proceedings that have been initiated by victims of trafficking in persons under section 40 of the Trafficking in Persons Act, indicating in how many cases the victims have received remedies or any form of compensation from the perpetrator or the State.

Article 5 of the Protocol. International cooperation. The Government mentions among the measures of cooperation to combat trafficking in persons the establishment of Joint Permanent Commissions of Cooperation (JPCCs), the Annual Migration Dialogue for Southern Africa (MIDSA) and Bilateral Cross Border Cooperation with the neighbouring countries of Mozambique, Tanzania and Zambia. The Committee requests the Government to provide information on the measures taken within the framework of the Bilateral Cross Border Cooperation Agreements with Mozambique, Tanzania and Zambia to prevent trafficking in persons in Southern Africa and to strengthen the protection of victims of transnational trafficking, including refugees.

2 . Exceptions to forced labour

Article 2(2)(c) of the Convention. Work exacted as a consequence of a conviction in a court of law. The Committee notes the Government’s indication that the review process of the Prisons Act has not yet been finalized, and that a copy of the Act will be furnished once it has been passed by Parliament. The Committee recalls that, pursuant to section 75 of the Prisons Act (chapter 9:02), every prisoner under sentence of imprisonment may be kept to labour within or without the precincts of any prison in any part of Malawi and in any employment that may be approved by the Minister, and that work of prisoners for private persons/entities is not excluded. The Committee requests the Government to indicate if, in practice, prisoners undertake work for private entities and, if so, to explain the modalities of such labour. It also requests the Government to provide information on the progress made with respect to the review of the Prisons Act.

3. Article 2(2)(e). Minor communal services. For a number of years, the Committee has requested the Government to provide information on provisions or regulations addressing minor communal services, and to indicate whether individuals refusing to participate in communal services are liable to penalties. The Committee notes the Government’s indication that there are no regulations yet in place for minor communal services and that there have been no complaints related to this issue.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

The Committee notes the Government’s first report concerning the application of the Protocol of 2014 to the Forced Labour Convention, 1930.

Articles 1(1), 2(1), and 25 of the Convention, and Article 2(a), (b), (c) and (f) of the Protocol. Effective abolition of the tenancy system. Over a number of years, the Committee has raised the issue of the existence of forced labour in tobacco plantations, in the form of debt bondage, based on a tenancy system (a practice in which a landowner grants access to land to a tenant and his family, who oblige themselves to pay back by producing crops for the landowner). In its latest comments, the Committee noted the Government’s recognition that the tenancy system constituted a gross violation of human rights and its intention to review the Employment Act to abolish this practice.

The Committee notes with interest that section 4 of the Employment (Amendment) Act, 2021, introduces a prohibition against the exaction or imposition of forced or tenancy labour. According to this provision, 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 and shall, on conviction, be liable to a fine and imprisonment for five years. For this purpose, tenancy labour is defined as “work or service performed by a person on a piece of land for the purpose of growing a crop where an employer pays remuneration to that person at the end of the growing season or after the sale of the crop” (section 4(3)).

The Government indicates in its report that it has commenced work on the implementation of section 4 of the Employment (Amendment) Act by conducting quantitative and qualitative surveys to collect information for the design of the interventions required. It further indicates that measures to prevent forced labour include economic empowerment programmes and social protection programmes for vulnerable groups, including cash transfers.

The Government also indicates that, while labour inspections may be conducted at any workplace, including in the informal economy, in practice, labour inspectors face difficulties in carrying out inspections due to limited human and financial resources. In order to strengthen the inspection services, the Ministry of Labour has concluded memoranda of understanding with some employers to intensify labour inspections and promote decent work in the tobacco sector.

The Committee also notes a study produced by the International Labour Office in 2021 that assesses employment and labour trends in the national tobacco sector, with a focus on the tenancy system according to which there is a broad consensus among stakeholders on the need to secure land tenure for tenant families as part of the policy response to abolish tenancy. There is also agreement that the design, implementation and monitoring of a timebound national policy road map for the abolition of tenancy will require intense and inclusive dialogue and coordination among all tobacco sector stakeholders, including growers and tenants. The Committee further notes that the Office has been implementing a project entitled Addressing decent work deficits and improving access to rights in Malawi’s tobacco sector.

Lastly, the Committee observes that in their joint statement made in December 2022, various United Nations experts indicate that, despite the abolition of the tenancy system, serious concerns persist in relation to risks of forced labour and that reported cases affect over 7,000 adults and 3,000 children. The statement further highlights that tobacco farms in Malawi are usually located in remote areas where access to assistance and protection against labour rights abuses is limited, and action to prevent trafficking in persons is weak (UN press release, 21 December 2022).

While taking due note of the adoption of legislative measures prohibiting forced labour practices under the tenancy system, which constitutes an important first step, the Committee considers that these measures need to be accompanied by further coordinated and systematic action for the effective elimination of situations amounting to forced labour in the agricultural sector, especially in tobacco plantations.

Therefore, the Committee requests the Government to continue to strengthen its efforts and take effective measures, in consultation with employers’ and workers’ organizations, to:

• raise awareness about the prohibition of forced labour under the tenancy system among the public as well as relevant stakeholders;
• reinforce the capacities of the labour inspection services in order to ensure that they can adequately perform their duties, including in remote areas, and provide information on the number and periodicity of visits carried out by labour inspectors as well as on the violations detected. The Committee refers in this regard to its comments under the labour inspection Conventions;
• carry out the necessary qualitative and quantitative studies to identify the root causes of forced labour in agriculture, particularly in tobacco plantations, and design interventions to address such causes, including in relation to access to productive land by small farmers, access to regular employment and the fight against poverty;
• protect victims of forced labour and ensure their access to remedies;
• investigate and prosecute cases of forced labour and provide information on the number of prosecutions initiated, convictions handed down and sanctions applied in accordance with section 4 of the Employment (Amendment) Act, 2021.

The Committee requests the Government to provide detailed information on the progress made and the challenges faced in this regard.

Article 2(e) of the Protocol.Supporting due diligence to prevent and respond to the risks of forced or compulsory labour in the agricultural sector. The Committee notes with interest that according to section 41 of the Tobacco Industry Act (No. 10 of 2019), every registered grower shall, within a prescribed period, furnish a report to the Tobacco Commission (an entity established by the Act to regulate the production, growing, processing, importation, exportation and marketing of tobacco) containing information on growers’ undertakings on issues of forced labour, fair treatment and safe environment for their workers. If the registered grower fails to comply with this obligation, or if the information provided does not satisfy the Tobacco Commission, their registration as a grower can be cancelled.The Committee encourages the Government to continue to take measures to support due diligence by private entities to prevent and respond to the risk of forced labour in the agricultural sector. In this regard, it requests the Government to provide information on the implementation of section 41 of the Tobacco Industry Act, including good practices reported.

The Committee is raising other issues in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 2(2)(c) of the Convention. 1. Community work. The Committee previously noted the Government’s indication that provisions addressing community/public work as non-custodial sentence were already in place. Persons can be ordered by a court to perform such work for periods not exceeding eight hours per day excluding Sunday and public holidays. The Government also indicated that every person ordered by a court to perform public work who, without reasonable cause fails to perform work lawfully allotted to them, shall be liable to imprisonment for six months and the court, may under its discretion, revoke the order to perform public work. The Committee requested the Government to provide a copy of the provisions regulating the community work of convicted persons, and to provide information on the type of work that may be imposed in such a context, as well as the list of bodies authorized to implement community work.

The Committee notes the Government’s information in its report that concerned persons may perform clinical services, bricklaying and sanitary work, carpentry, horticulture, mopping, sweeping, slashing and other tasks at different public institutions. The Government also indicates that the persons ordered to perform community service are only placed at public institutions, not at private or for-profit undertakings. The Committee also notes the Community Service Revised Handbook of 2017 submitted with the Government’s report. According to it, persons concerned will be assigned to tasks matching with his/her talents, skills and other attributes, in order to ensure mutual benefits between the community and the offender.

2. Work exacted as a consequence of a conviction in a court of law. In its previous comments, the Committee requested the Government to provide a copy of the revised Prisons Act as soon as it was adopted, and to provide a copy of sections 75 and 76 of the Prisons Act (Cap. 9:02) concerning the work of prisoners. Referencing to the abovementioned sections, the Government stated that convicted persons may be asked to work within or outside the premises of the prison, and in any employment that may be approved by the Minister. The Committee requested the Government to indicate whether the revision of the Prison Act was still ongoing, and to provide a copy of the new Act as soon as it was adopted.

The Committee notes the absence of information on this point in the Government’s report. The Committee therefore once again requests the Government to indicate whether the revision of the Prison Act is ongoing, and to provide a copy of the new Act as soon as it is adopted. The Committee also requests the Government to indicate whether, and under what conditions, convicted persons may be required to perform work for private companies or associations.

Article 2(2)(e). Minor communal services. In its previous comments, the Committee requested the Government to provide information on the adoption of any provisions or regulations addressing minor communal services. The Committee also requested the Government to describe such work in more detail, indicating, in particular, the types of work performed and their duration, as well as whether individuals refusing to participate in communal services are liable to penalties.

The Committee notes an absence of information on this point in the Government report. The Committee therefore once again, requests the Government to provide, in its next report, updated information on the adoption of any provisions or regulations addressing minor communal services. The Committee also requests the Government to describe such work in more detail, indicating, in particular, the types of work performed and its duration, as well as whether individuals refusing to participate in communal services are liable to penalties.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Articles 1(1) and 2(1) of the Convention. 1. Debt bondage. Over a number of years, the Committee has been raising the issue of forced labour in tobacco plantations pursuant to allegations from various workers’ organizations, including the International Trade Union Confederation (ITUC). The Government stated that it had taken a position to abolish the tenancy system itself and consultations would soon start in this respect. The Government also indicated that the tenancy system is a gross violation of human rights as it was designed during an era when human rights were not respected. Finally, the Government stated that stakeholders and social partners were of the view of revising the Employment Act to include the tenancy farming, and that it would keep the Committee updated accordingly in this regard.

The Committee notes the Government’s information in its report that, in order to abolish the tenancy system, consultations have been held. As a result, the Employment (Amendment) Bill has been drafted and submitted to relevant authorities for adoption. The Government indicates that, once adopted, a copy of the amended provisions will be submitted to the Committee. The Committee urges the Government to ensure that the Employment (Amendment) Bill will be adopted, without delay, in order to ensure the protection of tenant labourers against the debt mechanisms that may result in debt bondage. The Committee requests the Government to supply a copy of the Bill once adopted.

2. Trafficking in persons. The Committee previously noted the adoption of the Trafficking in Persons Act in 2015. The Act covers in its definition forced labour, as well as the forced participation of a person in all forms of commercial sexual activity (Part I). A person who traffics another person commits an offence, and shall upon conviction, be liable to imprisonment for 14 years without the option of a fine (section 14). In aggravated circumstances the trafficker is liable to imprisonment for 21 years. The Committee also noted that the Act provides for the establishment of a National Coordination Committee against Trafficking in Persons. Moreover, the Act provides for several measures with regard to the protection of victims of trafficking, including the establishment of shelters, as well as an Anti-Trafficking Fund that shall provide care, assistance and support to victims of trafficking in persons.

The Committee notes the Government’s information on the application of the Trafficking in Persons Act in practice. In 2017, 121 victims of trafficking were rescued and 42 suspects were arrested, while in 2016, 168 victims of trafficking were rescued and 30 suspects were arrested. The Government indicates that victim support units are established in various police stations across the country, which provide temporary shelter to victims of trafficking prior to and during court hearings. Upon the conclusion of the cases, victims are escorted back home by the police in collaboration with civil society organizations (CSOs). CSOs also provide assistance to victims, including accommodation, transport and various counselling services. The Government further indicates difficulties encountered regarding cross-border trafficking, particularly in relation to collaboration with other countries. The Committee requests the Government to continue its efforts to prevent and combat trafficking in persons, and to provide information on the application in practice of the Trafficking in Persons Act, 2015, including the number of investigations, prosecutions and convictions, as well as specific penalties imposed. The Committee also requests the Government to provide information on the activities of the National Coordination Committee against Trafficking in Persons, as well as on the measures taken to provide assistance to victims of trafficking.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Articles 1(1) and 2(1) of the Convention. Freedom of career military personnel to leave service. In its earlier comments, the Committee noted that under section 26(f) of the Defence Force Act (No. 11 of 2004), an officer may be discharged at any time during the currency of any term of engagement, at his own request on “compassionate grounds”, which refer to medical grounds, where the condition is confirmed by a medical certificate. The resignation may also be justifiable on “compassionate grounds” in case of illness of a spouse. The Committee requested the Government to provide information on the application in practice of provisions in the Defence Force Act and other regulations relevant to the resignation of career members of the defence force.

The Committee notes the Government’s indication in its report that the Defence Force Act provides for the voluntary exit for career military personnel. The voluntary exit is a pensionable exit after 15 years of service for soldiers and ten years for officers. If a member opts to leave service on their own accord, a six months’ notice from officers and three months from soldiers must be given. The Government also adds that it is extremely rare for a member to resign unless it is on health grounds which has to be certified by a medical board. It finally indicates that, soldiers can resign after service of seven years and may opt not to continue service, a scenario currently unheard of as no member yet has taken this option. The Committee takes due note of this information.

Article 2(2)(c). 1. Community work. The Committee notes the Government’s indication that provisions are already in place that address community/public work. Persons can be ordered by a Court to perform such work for periods not exceeding eight hours excluding Sunday and public holidays. The Government also indicates that every person ordered by a Court to perform public work who, without reasonable cause fails to perform work lawfully allotted to them, shall be liable to imprisonment for six months and the Court, may under its discretion, revoke the order to perform public work. The Committee requests the Government to provide a copy of the provisions regulating the community work of convicted persons, and to provide information on the type of work that may be imposed in such a context, as well as the list of bodies authorized to implement community work.

2. Work exacted as a consequence of a conviction in a court of law. In its previous comments, the Committee requested the Government to provide a copy of the revised Prisons Act as soon as it is adopted, and in the meantime to provide a copy of sections 75 and 76 of the Prisons Act (Cap. 9:02) concerning the work of prisoners.

The Committee notes the Government’s reference to sections 75 and 76 of the Prison Act (Cap. 9:02). It notes that convicted persons may be asked to work within or without the premises of the prison, and in any employment that may be approved by the Minister. The Committee notes however, an absence of information with regard to the adoption of the revised Prison Act. The Committee requests the Government to indicate whether the revision of the Prison Act is currently ongoing, and to provide a copy of the new Act as soon as it is adopted. The Committee also requests the Government to indicate whether, and under what conditions, convicted persons may be required to perform work for private companies or associations.

Article 2(2)(e). Minor communal services. In its previous comments, the Committee requested the Government to provide information on the adoption of any provisions or regulations addressing minor communal services. The Committee also requested the Government to describe such work in more detail, indicating, in particular, the types of work performed and their duration, as well as whether individuals refusing to participate in communal services are liable to penalties.

The Committee notes an absence of information on this point in the Government report. The Committee therefore once again, requests the Government to provide, in its next report, updated information on the adoption of any provisions or regulations addressing minor communal services. The Committee also requests the Government to describe such work in more detail, indicating, in particular, the types of work performed and its duration, as well as whether individuals refusing to participate in communal services are liable to penalties.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Articles 1(1) and 2(1) of the Convention. 1. Debt bondage. Over a number of years, the Committee has been raising the issue of forced labour in tobacco plantations pursuant to allegations from various workers’ organizations. It noted that the Government denied these allegations, stating that the labour inspectors had never heard of such cases and that no forced labour complaint had been filed. The Committee also noted that, in its 2010 report for the periodic review of the General Council of the World Trade Organization (WTO) regarding trade policies of Malawi, the International Trade Union Confederation (ITUC) highlighted that in plantations, especially in tobacco farms, tenant labourers are exploited through an indebtedness system and coerced into labour by the landlords. The Committee requested the Government to take the necessary measures to expedite the adoption of the Tenancy Labour Bill with a view to strengthening the protection of tenant labourers against the debt mechanisms that may result in debt bondage.

The Committee notes the Government’s indication in its report that it has taken a position to abolish the tenancy system itself and consultations will soon start in this respect. The Government also indicates that the tenancy system is a gross violation of human rights as it was designed during an era when human rights were not respected. Finally, the Government states that stakeholders and social partners are of the view of revising the Employment Act to include the tenancy farming, and that it will keep the Committee updated accordingly in this regard. The Committee expresses the firm hope that the Government will take the necessary measures to adopt both the Tenancy Labour Bill and the Employment Act without delay in order to ensure the protection of tenant labourers against the debt mechanisms that may result in debt bondage. The Committee requests the Government to supply a copy of the laws once they are adopted.

2. Trafficking in persons. In its previous comments, the Committee noted the absence of specific legislation against trafficking in persons, and therefore requested the Government to take the necessary measures in this respect. The Committee notes the Government’s indication in its report that the Trafficking in Persons Act was adopted in 2015. The Committee notes with interest that the Act covers in its definition forced labour, as well as the forced participation of a person in all forms of commercial sexual activity (Part I). It also notes that a person who traffics another person commits an offence, and shall upon conviction, be liable to imprisonment for 14 years without the option of a fine (section 14). In aggravated circumstances the trafficker is liable to imprisonment for 21 years. Moreover, the Committee notes that the Act provides for the establishment of a National Coordination Committee against Trafficking in Persons that should, among others: (i) coordinate and oversee investigations and receive reports from enforcement officers on the investigation and prosecution of offences under this Act; (ii) initiate education and awareness programmes on the causes and consequences of trafficking in persons; (iii) formulate policy, programmes and strategies to prevent and suppress trafficking in persons; and (iv) liaise with government agencies and non-governmental organizations on rehabilitation and reintegration of trafficked persons. Lastly, the Committee notes that the Act provides for several measures with regard to the protection of victims of trafficking, including the establishment of shelters, as well as an Anti-Trafficking Fund that shall provide care, assistance and support to victims of trafficking in persons.

The Committee further notes that in its concluding observations of 2015, the UN Committee on the Elimination of Discrimination against Women (CEDAW), although welcoming the adoption of the Trafficking in Persons Act, expressed its concern at the large and growing number of cases of trafficking in women and girls, as well as the lack of awareness about the new law and the limited protection and assistance available to victims. The Committee requests the Government to strengthen its efforts to prevent and combat trafficking in persons, paying special attention to the situation of women and girls, and to provide information on the application in practice of the Trafficking in Persons Act, 2015, including the number of investigations, prosecutions and convictions. The Committee also requests the Government to provide information on the activities of the National Coordination Committee against Trafficking in Persons, indicating in particular the measures taken to provide assistance to victims of trafficking.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 1(1) and 2(1) of the Convention. Freedom of career military personnel to leave service. In its previous comments, the Committee noted the Government’s indication that military officers and other career military service personnel have the right to leave their service, in time of peace, at their own request, after seven or ten years of service, by means of notice of reasonable length. The Committee also referred to section 26(f) of the Defence Force Act (No. 11 of 2004), which stipulates that an officer may be discharged at any time during the currency of any term of engagement, at his own request on “compassionate grounds”. In this regard, the Committee notes the Government’s indication that “compassionate grounds” for resignation refer to medical grounds, where the condition is confirmed by a medical certificate. According to the Government, the resignation may also be justifiable on “compassionate grounds” in case of illness of a spouse. With reference to the explanations in paragraphs 46 and 96–97 of its General Survey of 2007 on the eradication of forced labour, the Committee once again recalls that career members of the armed forces, who have voluntarily entered into an engagement, cannot be denied the right to leave the service in peacetime within a reasonable period, e.g. by means of notice of reasonable length, whatever the reason for resignation. The Committee therefore requests the Government to provide information on the application in practice of provisions in the Defence Force Act and other regulations relevant to the resignation of career members of the defence force (e.g. the Defence Force (Officers) Regulations or the Defence Force (Other Ranks) Regulations), indicating in particular, over the past few years, the number of cases in which resignations were refused and the grounds for refusal.

Article 2(2)(e). Minor communal services. The Committee previously noted that, under section 3 of the Employment Act, 2000, the expression “forced labour” does not include minor communal services of a kind performed by members of the community in the direct interest of the community. In this connection, the Government indicated that minor communal services are undertaken mainly in rural areas, and are performed by members of the community, in consultation with all the people concerned in that area, with a view to improving their living standards. The Government also indicated that the issue was tabled for discussion in the context of a law review process, and that a draft revised Act had taken into consideration the issues raised by the Committee. The Committee notes that the Government’s latest report does not contain new information on this matter. The Committee requests the Government to provide, with its next report, updated information on the adoption of any provisions or regulations addressing community work and/or minor communal services. The Committee also requests the Government to describe such work in more detail, indicating, in particular, the types of work performed and its duration, as well as whether individuals refusing to participate in communal services are liable to penalties.

Communication of texts. The Committee notes the Government’s indication that the revised Prisons Act has not yet been adopted. The Committee once again requests the Government to provide a copy of the revised Prisons Act as soon as it is adopted. It also reiterates its hope that the Government will not fail to provide a copy of sections 75 and 76 of the Prisons Act (Cap. 9:02) concerning the work of prisoners.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Articles 1(1) and 2(1) of the Convention. Debt bondage. In its previous comments, the Committee raised the issue of forced labour in tobacco plantations in response to allegations from various workers’ organizations. It noted that the Government denied these allegations, stating that the labour inspectors of Malawi had never heard of such cases and that no forced labour complaint had been filed. The Committee also noted that, in its 2010 report for the periodic review of the General Council of the World Trade Organization (WTO) regarding trade policies of Malawi, the International Trade Union Confederation (ITUC) highlighted that in plantations, especially in tobacco farms, tenant labourers are exploited through an indebtedness system and coerced into labour by the landlords.

The Committee notes the Government’s brief indication in its latest report that the Tenancy Labour Bill was discussed at Cabinet level and has been referred back to the Ministry of Labour for further revision. The Committee also notes the statement in the report of the UN Special Rapporteur on the right to food, of January 2014, that an estimated 300,000 tobacco tenant families live in extremely precarious situations in the country. The Special Rapporteur highlights that the incomes of tenant families depend on the quantity and quality of tobacco sold to the landowner in each harvest season and that, in some cases, families are left without any income once they reimburse loans covering their food requirements during the growing season (A/HRC/25/57/Add.1, paragraph 47). Referring also to the explanations contained in paragraph 294 of its 2012 General Survey on the fundamental Conventions, the Committee recalls that the manipulation of credit and debt by employers is still a key factor that traps vulnerable workers in forced labour situations. For example, poor agricultural workers may be induced into indebtedness through accepting relatively small but cumulative loans or wage advances from employers at times of scarcity. The Committee therefore reiterates its hope that the Government will take the necessary measures to expedite the adoption of the Tenancy Labour Bill with a view to strengthening the protection of tenant labourers against the debt mechanisms that may result in debt bondage. The Committee requests the Government to supply a copy of the law once it is adopted.

Trafficking in persons. The Committee notes the Government’s indication that a draft bill on human trafficking is ready to be submitted to Parliament. The bill would address issues concerning both internal and cross-border trafficking. The Government further indicates that it is carrying out activities to help sensitize courts, the police and communities on the issue of trafficking. The Committee also notes the Government’s indication that cases of trafficking are currently prosecuted under provisions of the Penal Code, in cases of adult victims, and of the Child Care, Protection and Justice Act (2010), in cases of child victims.

The Committee notes, however, that the UN Human Rights Committee, in its concluding observations of July 2014, expresses concern about the delays in adopting specific anti-trafficking legislation, the prevalence of trafficking in the country and the lack of official data available on its extent. The UN Human Rights Committee also expresses regret regarding the lack of adequate programmes to protect and support victims (CCPR/C/MWI/CO/1/Add.1). The Committee accordingly requests the Government to take the necessary measures to ensure the adoption in the very near future of comprehensive legislation against trafficking in persons, including adequate sanctions allowing those responsible for trafficking to be prosecuted and punished. The Committee also requests the Government to provide information on the measures adopted with a view to protecting and assisting victims of trafficking. Finally, the Committee requests the Government to provide detailed information on the specific measures taken to prevent and combat trafficking in persons, as well as statistics on the number of cases of trafficking examined by the authorities and specific penalties applied.

The Committee is raising other matters in a request addressed directly to the Government.

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

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Articles 1(1) and 2(1) of the Convention. Freedom of career military personnel to leave service. In its previous comments, the Committee noted the Government’s indication that military officers and other career military service personnel have the right to leave their service, in time of peace, at their own request, after seven or ten years of service, by means of notice of reasonable length. The Committee also referred to section 26(f) of the Defence Force Act (No. 11 of 2004), which stipulates that an officer may be discharged at any time during the currency of any term of engagement, at his own request on “compassionate grounds”. In this regard, the Committee notes the Government’s indication that “compassionate grounds” for resignation refer to medical grounds, where the condition is confirmed by a medical certificate. According to the Government, the resignation may also be justifiable on “compassionate grounds” in case of illness of a spouse. With reference to the explanations in paragraphs 46 and 96–97 of its General Survey of 2007 on the eradication of forced labour, the Committee once again recalls that career members of the armed forces, who have voluntarily entered into an engagement, cannot be denied the right to leave the service in peacetime within a reasonable period, e.g. by means of notice of reasonable length, whatever the reason for resignation. The Committee therefore requests the Government to provide information on the application in practice of provisions in the Defence Force Act and other regulations relevant to the resignation of career members of the defence force (e.g. the Defence Force (Officers) Regulations or the Defence Force (Other Ranks) Regulations), indicating in particular, over the past few years, the number of cases in which resignations were refused and the grounds for refusal.

Article 2(2)(e). Minor communal services. The Committee previously noted that, under section 3 of the Employment Act, 2000, the expression “forced labour” does not include minor communal services of a kind performed by members of the community in the direct interest of the community. In this connection, the Government indicated that minor communal services are undertaken mainly in rural areas, and are performed by members of the community, in consultation with all the people concerned in that area, with a view to improving their living standards. The Government also indicated that the issue was tabled for discussion in the context of a law review process, and that a draft revised Act had taken into consideration the issues raised by the Committee. The Committee notes that the Government’s latest report does not contain new information on this matter. The Committee requests the Government to provide, with its next report, updated information on the adoption of any provisions or regulations addressing community work and/or minor communal services. The Committee also requests the Government to describe such work in more detail, indicating, in particular, the types of work performed and its duration, as well as whether individuals refusing to participate in communal services are liable to penalties.

Communication of texts. The Committee notes the Government’s indication that the revised Prisons Act has not yet been adopted. The Committee once again requests the Government to provide a copy of the revised Prisons Act as soon as it is adopted. It also reiterates its hope that the Government will not fail to provide a copy of sections 75 and 76 of the Prisons Act (Cap. 9:02) concerning the work of prisoners.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Articles 1(1) and 2(1) of the Convention. 1. Bonded labour. In its previous comments, the Committee raised the issue of forced labour in tobacco plantations in response to allegations from various workers’ organizations. It noted that the Government denied these allegations, stating that the labour inspectors of Malawi had never heard of such cases and that no forced labour complaint had been filed. The Committee also noted that, in its 2010 report for the periodic review of the General Council of the World Trade Organization (WTO) regarding trade policies of Malawi, the International Trade Union Confederation (ITUC) highlighted that in plantations, especially in tobacco farms, tenant labourers are exploited through an indebtedness system and coerced into labour by the landlords.

The Committee notes the Government’s brief indication in its latest report that the Tenancy Labour Bill was discussed at Cabinet level and has been referred back to the Ministry of Labour for further revision. The Committee also notes the statement in the report of the UN Special Rapporteur on the right to food, of January 2014, that an estimated 300,000 tobacco tenant families live in extremely precarious situations in the country. The Special Rapporteur highlights that the incomes of tenant families depend on the quantity and quality of tobacco sold to the landowner in each harvest season and that, in some cases, families are left without any income once they reimburse loans covering their food requirements during the growing season (A/HRC/25/57/Add.1, paragraph 47). Referring also to the explanations contained in paragraph 294 of its 2012 General Survey on fundamental Conventions, the Committee recalls that the manipulation of credit and debt by employers is still a key factor that traps vulnerable workers in forced labour situations. For example, poor agricultural workers may be induced into indebtedness through accepting relatively small but cumulative loans or wage advances from employers at times of scarcity. The Committee therefore reiterates its hope that the Government will take the necessary measures to expedite the adoption of the Tenancy Labour Bill with a view to strengthening the protection of tenant labourers against the debt mechanisms that may result in bonded labour. The Committee requests the Government to supply a copy of the law once it is adopted.

2. Trafficking in persons. The Committee notes the Government’s indication that a draft bill on human trafficking is ready to be submitted to Parliament. The bill would address issues concerning both internal and cross-border trafficking. The Government further indicates that it is carrying out activities to help sensitize courts, the police and communities on the issue of trafficking. The Committee also notes the Government’s indication that cases of trafficking are currently prosecuted under provisions of the Penal Code, in cases of adult victims, and of the Child Care, Protection and Justice Act (2010), in cases of child victims.

The Committee notes, however, that the UN Human Rights Committee, in its concluding observations of July 2014, expresses concern about the delays in adopting specific anti-trafficking legislation, the prevalence of trafficking in the country and the lack of official data available on its extent. The UN Human Rights Committee also expresses regret regarding the lack of adequate programmes to protect and support victims (CCPR/C/MWI/CO/1/Add.1). The Committee accordingly requests the Government to take the necessary measures to ensure the adoption in the very near future of comprehensive legislation against trafficking in persons, including adequate sanctions allowing those responsible for trafficking to be prosecuted and punished. The Committee also requests the Government to provide information on the measures adopted with a view to protecting and assisting victims of trafficking. Finally, the Committee requests the Government to provide detailed information on the specific measures taken to prevent and combat trafficking in persons, as well as statistics on the number of cases of trafficking examined by the authorities and specific penalties applied.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Articles 1(1) and 2(1) of the Convention. 1. Bonded labour. In its previous comments, the Committee raised the issue of forced labour in tobacco plantations in response to allegations from various workers’ organizations. It noted that the Government denied these allegations, stating that the labour inspectors of Malawi had never heard of such cases and that no forced labour complaint had been filed. The Committee further notes that in its report for the periodic review of the General Council of the World Trade Organization (WTO) of the trade policies of Malawi, the International Trade Union Confederation (ITUC) highlights that in plantations, especially in tobacco farms, tenant-labourers are exploited through an indebtedness system and coerced into labour by the landlords. The Committee notes the Government’s indication in its latest report that the Tenancy Labour Bill is tabled for the next parliamentary sitting and that the Committee comments in this regard will be taken into consideration. The Committee hopes that the Government will take the necessary measures to adopt the Tenancy Labour Bill in order to reinforce the protection of workers who rent the land they cultivate so that they are not subjected to practices amounting to forced labour. Please provide a copy of the law when it is adopted.

2. Trafficking in persons. The Committee notes that in its concluding observations, the Committee on the Elimination of Discrimination against Women (CEDAW) expresses its concern about the extent of trafficking within and outside the country, the number of women and girls who are victims of sexual exploitation, including prostitution, as well as the limited statistical data regarding these issues (CEDAW/C/MWI/CO/6). The Committee further notes that national legislation does not appear to include provisions defining and punishing trafficking in persons. The Committee requests the Government to indicate the measures taken or envisaged, both in law and in practice, to prevent, suppress and punish trafficking in persons. Pending the adoption of specific legislation on trafficking in persons, the Committee requests the Government to indicate how in practice prosecutions are initiated against the perpetrators. Please provide sample copies of judicial decisions, if any, resulting from such prosecutions.

3. Freedom of career military personnel to leave the service. The Committee previously noted the Government’s indication in the report that military officers and other career military service personnel have the right to leave the service, in time of peace, at their own request, after seven or ten years of service, by means of notice of reasonable length. It requested the Government to indicate provisions governing this issue. The Committee also noted the provision of section 26(f) of the Defence Force Act, under which an officer may be discharged at any time during the currency of any term of engagement, at his own request on “compassionate grounds”. The Committee pointed out that career members of the armed forces, who have voluntarily engaged in the armed forces, should not be deprived of the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice. Noting that no information on this point has been provided by the Government, the Committee requests it once again to describe such “compassionate grounds” for resignation, indicating the criteria applied in accepting or rejecting a resignation.

Article 2(2)(a). Compulsory military service. In its earlier comments, the Committee noted that, under section 5 of the Defence Force Act (No. 11 of 2004), “the defence force shall be charged with the defence of, and maintenance of order in, Malawi” and with such other duties as are in accordance with the Constitution and the Act. In its previous report, the Government indicated that “other duties” are normally restricted to emergency situations like assisting the police in maintaining law and order in times of crisis or in times of disaster to evacuate people from dangerous places. In the absence of any information from the Government in this regard, the Committee requests the Government once again to supply copies of the relevant legislative provisions. Please state what guarantees are provided to ensure that services exacted for military purposes are used for purely military ends.

Article 2(2)(e). Minor communal services. In its earlier comments, the Committee noted that, under section 3 of the Employment Act, 2000, the expression “forced labour” does not include minor communal services of a kind performed by members of the community in the direct interest of the community. It also noted the Government’s indication that when the community wants to undertake any work or service to improve their living standards, this is done in consultation with all the people concerned in that area. The Government also indicated that the issue was tabled for discussion in the current law review process. In its previous report, the Government added that a draft revised bill has taken into consideration the issues raised by the Committee. Noting that no information has been provided by the Government on this point, the Committee expresses reiterates its hope that the provisions of the Convention concerning minor communal services will be duly taken into account in the course of the current law review process and that the Government will keep the Office informed of the developments in this area. Pending the revision, the Committee requests the Government to continue to provide information on the exaction of minor communal services in practice and on the consultations of the members of the community concerning the need for such services.

Communication of texts. The Committee reiterates its hope that the Government will supply a copy of the revised Prisons Act as soon as it is adopted. Pending the adoption, the Committee again requests the Government to provide a copy of sections 75 and 76 of the Prisons Act (Cap. 9:02) concerning the work of prisoners.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Articles 1(1) and 2(1) of the Convention. 1. Bonded labour. In its previous comments, the Committee raised the issue of forced labour in tobacco plantations in response to allegations from various workers’ organizations. It noted that the Government denied these allegations, stating that the labour inspectors of Malawi had never heard of such cases and that no forced labour complaint had been filed. The Committee further notes that in its report for the periodic review of the General Council of the World Trade Organization (WTO) of the trade policies of Malawi, the International Trade Union Confederation (ITUC) highlights that in plantations, especially in tobacco farms, tenant-labourers are exploited through an indebtedness system and coerced into labour by the landlords. The Committee notes the Government’s indication in its latest report that the Tenancy Labour Bill is tabled for the next Parliamentary sitting and that the Committee comments in this regard will be taken into consideration. The Committee hopes that the Government will take the necessary measures to adopt the Tenancy Labour Bill in order to reinforce the protection of workers who rent the land they cultivate so that they are not subjected to practices amounting to forced labour. Please provide a copy of the law when it is adopted.

2. Trafficking in persons. The Committee notes that in its concluding observations, the Committee on the Elimination of Discrimination against Women (CEDAW) expresses its concern about the extent of trafficking within and outside the country, the number of women and girls who are victims of sexual exploitation, including prostitution, as well as the limited statistical data regarding these issues (CEDAW/C/MWI/CO/6). The Committee further notes that national legislation does not appear to include provisions defining and punishing trafficking in persons. The Committee requests the Government to indicate the measures taken or envisaged, both in law and in practice, to prevent, suppress and punish trafficking in persons. Pending the adoption of specific legislation on trafficking in persons, the Committee requests the Government to indicate how in practice prosecutions are initiated against the perpetrators. Please provide sample copies of judicial decisions, if any, resulting from such prosecutions.

3. Freedom of career military personnel to leave the service. The Committee previously noted the Government’s indication in the report that military officers and other career military service personnel have the right to leave the service, in time of peace, at their own request, after seven or ten years of service, by means of notice of reasonable length. It requested the Government to indicate provisions governing this issue. The Committee also noted the provision of section 26(f) of the Defence Force Act, under which an officer may be discharged at any time during the currency of any term of engagement, at his own request on “compassionate grounds”. The Committee pointed out that career members of the armed forces, who have voluntarily engaged in the armed forces, should not be deprived of the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice. Noting that no information on this point has been provided by the Government, the Committee requests it once again to describe such “compassionate grounds” for resignation, indicating the criteria applied in accepting or rejecting a resignation.

Article 2(2)(a). Compulsory military service. In its earlier comments, the Committee noted that, under section 5 of the Defence Force Act (No. 11 of 2004), “the defence force shall be charged with the defence of, and maintenance of order in, Malawi” and with such other duties as are in accordance with the Constitution and the Act. In its previous report, the Government indicated that “other duties” are normally restricted to emergency situations like assisting the police in maintaining law and order in times of crisis or in times of disaster to evacuate people from dangerous places. In the absence of any information from the Government in this regard, the Committee requests the Government once again to supply copies of the relevant legislative provisions. Please state what guarantees are provided to ensure that services exacted for military purposes are used for purely military ends.

Article 2(2)(e). Minor communal services. In its earlier comments, the Committee noted that, under section 3 of the Employment Act, 2000, the expression “forced labour” does not include minor communal services of a kind performed by members of the community in the direct interest of the community. It also noted the Government’s indication that when the community wants to undertake any work or service to improve their living standards, this is done in consultation with all the people concerned in that area. The Government also indicated that the issue was tabled for discussion in the current law review process. In its previous report, the Government added that a draft revised bill has taken into consideration the issues raised by the Committee. Noting that no information has been provided by the Government on this point, the Committee expresses reiterates its hope that the provisions of the Convention concerning minor communal services will be duly taken into account in the course of the current law review process and that the Government will keep the Office informed of the developments in this area. Pending the revision, the Committee requests the Government to continue to provide information on the exaction of minor communal services in practice and on the consultations of the members of the community concerning the need for such services.

Communication of texts. The Committee reiterates its hope that the Government will supply a copy of the revised Prisons Act as soon as it is adopted. Pending the adoption, the Committee again requests the Government to provide a copy of sections 75 and 76 of the Prisons Act (Cap. 9:02) concerning the work of prisoners.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Articles 1(1) and 2(1) of the Convention. 1. Bonded labour. In its previous comments, the Committee raised the issue of forced labour in tobacco plantations in response to allegations from various workers’ organizations. It noted that the Government denied these allegations, stating that the labour inspectors of Malawi had never heard of such cases and that no forced labour complaint had been filed. The Committee further notes that in its report for the periodic review of the General Council of the World Trade Organization (WTO) of the trade policies of Malawi, the International Trade Union Confederation (ITUC) highlights that in plantations, especially in tobacco farms, tenant-labourers are exploited through an indebtedness system and coerced into labour by the landlords. The Committee notes the Government’s indication in its latest report that the Tenancy Labour Bill is tabled for the next Parliamentary sitting and that the Committee comments in this regard will be taken into consideration. The Committee hopes that the Government will take the necessary measures to adopt the Tenancy Labour Bill in order to reinforce the protection of workers who rent the land they cultivate so that they are not subjected to practices amounting to forced labour. Please provide a copy of the law when it is adopted.

2. Trafficking in persons. The Committee notes that in its concluding observations, the Committee on the Elimination of Discrimination against Women (CEDAW) expresses its concern about the extent of trafficking within and outside the country, the number of women and girls who are victims of sexual exploitation, including prostitution, as well as the limited statistical data regarding these issues (CEDAW/C/MWI/CO/6). The Committee further notes that national legislation does not appear to include provisions defining and punishing trafficking in persons. The Committee requests the Government to indicate the measures taken or envisaged, both in law and in practice, to prevent, suppress and punish trafficking in persons. Pending the adoption of specific legislation on trafficking in persons, the Committee requests the Government to indicate how in practice prosecutions are initiated against the perpetrators. Please provide sample copies of judicial decisions, if any, resulting from such prosecutions.

3. Freedom of career military personnel to leave the service. The Committee previously noted the Government’s indication in the report that military officers and other career military service personnel have the right to leave the service, in time of peace, at their own request, after seven or ten years of service, by means of notice of reasonable length. It requested the Government to indicate provisions governing this issue. The Committee also noted the provision of section 26(f) of the Defence Force Act, under which an officer may be discharged at any time during the currency of any term of engagement, at his own request on “compassionate grounds”. The Committee pointed out that career members of the armed forces, who have voluntarily engaged in the armed forces, should not be deprived of the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice. Noting that no information on this point has been provided by the Government, the Committee requests it once again to describe such “compassionate grounds” for resignation, indicating the criteria applied in accepting or rejecting a resignation.

Article 2(2)(a). Compulsory military service. In its earlier comments, the Committee noted that, under section 5 of the Defence Force Act (No. 11 of 2004), “the defence force shall be charged with the defence of, and maintenance of order in, Malawi” and with such other duties as are in accordance with the Constitution and the Act. In its previous report, the Government indicated that “other duties” are normally restricted to emergency situations like assisting the police in maintaining law and order in times of crisis or in times of disaster to evacuate people from dangerous places. In the absence of any information from the Government in this regard, the Committee requests the Government once again to supply copies of the relevant legislative provisions. Please state what guarantees are provided to ensure that services exacted for military purposes are used for purely military ends.

Article 2(2)(e). Minor communal services. In its earlier comments, the Committee noted that, under section 3 of the Employment Act, 2000, the expression “forced labour” does not include minor communal services of a kind performed by members of the community in the direct interest of the community. It also noted the Government’s indication that when the community wants to undertake any work or service to improve their living standards, this is done in consultation with all the people concerned in that area. The Government also indicated that the issue was tabled for discussion in the current law review process. In its previous report, the Government added that a draft revised bill has taken into consideration the issues raised by the Committee. Noting that no information has been provided by the Government on this point, the Committee expresses reiterates its hope that the provisions of the Convention concerning minor communal services will be duly taken into account in the course of the current law review process and that the Government will keep the Office informed of the developments in this area. Pending the revision, the Committee requests the Government to continue to provide information on the exaction of minor communal services in practice and on the consultations of the members of the community concerning the need for such services.

Communication of texts. The Committee reiterates its hope that the Government will supply a copy of the revised Prisons Act as soon as it is adopted. Pending the adoption, the Committee again requests the Government to provide a copy of sections 75 and 76 of the Prisons Act (Cap. 9:02) concerning the work of prisoners.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Communication of texts. The Committee notes the Government’s indication in the report that the revision of the Prisons Act has not yet been completed. The Committee reiterates its hope that the Government will supply a copy of the revised Prisons Act as soon as it is adopted. Pending the adoption, the Committee again requests the Government to provide a copy of sections 75 and 76 of the Prisons Act (Cap.9:02) concerning the work of prisoners, which has been referred to by the Government as attached to the report, but in fact has not been received in the Office.

Articles 1(1) and 2(1) of the Convention. Bonded labour. The Committee previously noted the Government’s indication that the Tenancy Labour Bill would not be submitted to the Parliament before its possible negative and positive effects on the economy are determined, and that a study was conducted with the objectives to identify the possible ways of abolishing the tenancy labour system in Malawi and to specify how direct wage labour would effectively replace the tenancy labour system.

The Committee previously noted the Government’s indication in its 2008 report that the study had been published and that it pointed out clearly that the tenancy system was still favoured by tobacco growers for lack of viable alternatives. It also indicated that the study recommended a gradual phasing out of the system, starting with regulating it. As regards the Tenancy Labour Bill, the Government indicated that it was still under discussion with the social partners and other stakeholders.

The Committee notes that the Tenancy Labour Study which, according to the Government, was attached to the report, has still not been received in the Office. The Committee therefore requests the Government once again to supply a copy of the study referred to above and reiterates its hope that the Tenancy Labour Bill will soon be adopted. It requests the Government to keep the ILO informed of the developments.

Freedom of career military personnel to leave the service. The Committee previously noted the Government’s indication in the report that military officers and other career military service personnel have the right to leave the service, in time of peace, at their own request, after seven or ten years of service, by means of notice of reasonable length. It requested the Government to indicate provisions governing this issue. The Committee also noted the provision of section 26(f) of the Defence Force Act, under which an officer may be discharged at any time during the currency of any term of engagement, at his own request on “compassionate grounds”. The Committee pointed out that career members of the armed forces, who have voluntarily engaged in the armed forces, should not be deprived of the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice.

While noting the Government’s repeated statement in its reports that it is still consulting the relevant departments on this issue, the Committee requests the Government once again to describe such “compassionate grounds” for resignation, indicating the criteria applied in accepting or rejecting a resignation.

Article 2(2)(a). Compulsory military service. In its earlier comments, the Committee noted that, under section 5 of the Defence Force Act (No. 11 of 2004), the defence force shall be charged with the defence of, and maintenance of order in, Malawi and with such other duties as are in accordance with the Constitution and the Act. The Government indicates in its report that “other duties” are normally restricted to emergency situations like assisting the police in maintaining law and order in times of crisis or in times of disaster to evacuate people from dangerous places. While noting these indications, the Committee requests the Government to supply copies of the relevant legislative provisions. Please state what guarantees are provided to ensure that services exacted for military purposes are used for purely military ends.

Article 2(2)(e). Minor communal services. In its earlier comments, the Committee noted that, under section 3 of the Employment Act, 2000, the expression “forced labour” does not include minor communal services of a kind performed by members of the community in the direct interest of the community. It also noted the Government’s indication that when the community wants to undertake any work or service to improve their living standards, this is done in consultation with all the people concerned in that area. The Government also indicated that the issue was tabled for discussion in the current law review process. In its latest report, the Government adds that a draft revised bill has taken into consideration the issues raised by the Committee. The Committee hopes that the provisions of the Convention concerning minor communal services will be duly taken into account in the course of the current law review process and that the Government will keep the Office informed of the developments in this area. Pending the revision, the Committee requests the Government to continue to provide information on the exaction of minor communal services in practice and on the consultations of the members of the community concerning the need for such services.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Communication of texts. Having noted the Government’s indications in its previous report concerning the revision of the Prisons Act, the Committee reiterates its hope that the Government will supply a copy of the revised Act, as soon as it is adopted. Pending the adoption, the Committee again requests the Government to provide a copy of sections 75 and 76 of the Prisons Act (Cap. 9:02) concerning the work of prisoners, to which reference was made in its previous report.

Articles 1 (paragraph 1), and 2 (paragraph 1), of the Convention.
1. Bonded labour. The Committee previously noted the Government’s reply to the allegations made by the representative workers’ organizations, in which the Government indicated, in particular, that no reports had been received regarding bonded labour either in domestic service or in tobacco sector, and that measures had been taken to reinforce the role of labour inspectors in all 28 district labour offices in Malawi. As regards the Tenancy Labour Bill, the Government indicated that it would not be submitted to Parliament before its possible negative and positive effects on the economy are determined, and that a study was conducted with the objectives to identify the possible ways of abolishing the tenancy labour system in Malawi, and to specify how direct wage labour would effectively replace the tenancy labour system in Malawi.

The Government indicates in its latest report that the study has been published and that it clearly indicates that the tenancy system is still favoured by tobacco growers for lack of viable alternatives. It also indicates that the study recommended a gradual phasing out of the system, starting with regulating it. As regards the Tenancy Labour Bill, the Government informs that it is still under discussion with the social partners and other stakeholders.

While noting these indications, the Committee requests the Government to supply a copy of the study referred to above, which, according to the Government, was attached to the report, but has not been received in the ILO. The Committee also hopes that the Tenancy Labour Bill will soon be adopted and requests the Government to keep the ILO informed of the developments.

2. Freedom of career military personnel to leave the service. The Committee previously noted the Government’s indication in the report that military officers and other career military service personnel have the right to leave the service, in time of peace, at their own request, after seven or ten years of service, by means of notice of reasonable length. It requested the Government to indicate provisions governing this issue and to supply copies thereof. The Committee also noted the provision of section 26(f) of the Defence Force Act, under which an officer may be discharged at any time during the currency of any term of engagement, at his own request on compassionate grounds. The Committee pointed out that career members of the armed forces, who have voluntarily engaged in the armed forces, should not be deprived of the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice.

While noting the Government’s statement in the report that it is still consulting the relevant departments on this issue, the Committee again requests the Government to describe such “compassionate grounds” for resignation, indicating the criteria applied in accepting or rejecting a resignation. Please also supply copies of any regulations relevant to the resignation of career members of the defence force, made by the Minister under section 17(1) of the Defence Force Act (such as e.g. the Defence Force (Officers) Regulations or the Defence Force (Other Ranks) Regulations).

Article 2, paragraph 2, subparagraph (a). Compulsory military service. The Committee previously noted that under section 5 of the Defence Force Act (No. 11 of 2004), the defence force shall be charged with the defence of, and maintenance of order in, Malawi and with such other duties as are in accordance with the Constitution and the Act. Recalling that Article 2(2)(a) of the Convention exempts from its provisions work or service exacted in virtue of compulsory military service laws only if such work or service is of a purely military character, the Committee again requests the Government to describe such “other duties”, indicating in particular, what guarantees are provided to ensure that services exacted for military purposes are used for purely military ends.

Article 2, paragraph 2, subparagraph (e). Minor communal services. The Committee previously noted that, under section 3 of the Employment Act 2000, the expression “forced labour” does not include minor communal services of a kind performed by members of the community in the direct interest of the community. It noted the Government’s indication in its previous report that, when the community wants to undertake any work or service to improve their living standards, this is done in consultation with all the people concerned in that area. The Committee requested the Government to provide information on any exaction of such minor communal services in practice and on the consultations of the members of the community concerning the need for such services.

The Committee notes the Government’s indication in its report that minor communal services are mainly done in communities in rural areas and mostly involve upgrading rural roads, which are affected by rains, in order to have access to markets or to schools. The Government also indicates that the issue was tabled for discussion in the current law review process.

While noting this information, the Committee wishes to draw the Government’s attention to the criteria which determine the limits of this exception from the scope of the Convention and serve to distinguish it from other forms of compulsory services which, under the terms of the Convention, must be abolished (such as forced labour for general or local public works). These criteria are as follows:

–      the services must be “minor services”, i.e. relate primarily to maintenance work and, in exceptional cases, to the erection of certain buildings intended to improve the social conditions of the population of the community itself (a small school, a medical consultation and treatment room, etc.);

–      the services must be “communal services” performed “in the direct interest of the community”, and not relate to the execution of works intended to benefit a wider group;

–      the “members of the community” (i.e. the community which has to perform the services) or their “direct” representative (e.g. the village council) must “have the right to be consulted in regard to the need for such services”.

The Committee hopes that the above considerations will be taken into account in the course of the current law review process and that the Government will keep the ILO informed of the developments in this area. Pending the revision, the Committee requests the Government to continue to provide information on the exaction of minor communal services in practice and on the consultations of the members of the community concerning the need for such services.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Communication of texts. Having noted the Government’s indications in its previous report concerning the revision of the Prisons Act, the Committee reiterates its hope that the Government will supply a copy of the revised Act, as soon as it is adopted. Pending the adoption, the Committee again requests the Government to provide a copy of sections 75 and 76 of the Prisons Act (Cap. 9:02) concerning the work of prisoners, to which reference was made in its previous report.

Articles 1(1) and 2(1) of the Convention. 1. Bonded labour. The Committee previously noted the Government’s reply to the allegations made by the representative workers’ organizations, in which the Government indicated, in particular, that no reports had been received regarding bonded labour either in domestic service or in tobacco sector, and that measures had been taken to reinforce the role of labour inspectors in all 28 district labour offices in Malawi. As regards the Tenancy Labour Bill, the Government indicated that it would not be submitted to Parliament before its possible negative and positive effects on the economy are determined, and that a study was conducted with the objectives to identify the possible ways of abolishing the tenancy labour system in Malawi, and to specify how direct wage labour would effectively replace the tenancy labour system in Malawi.

The Government indicates in its latest report that the study has been published and that it clearly indicates that the tenancy system is still favoured by tobacco growers for lack of viable alternatives. It also indicates that the study recommended a gradual phasing out of the system, starting with regulating it. As regards the Tenancy Labour Bill, the Government informs that it is still under discussion with the social partners and other stakeholders.

While noting these indications, the Committee requests the Government to supply a copy of the study referred to above, which, according to the Government, was attached to the report, but has not been received in the ILO. The Committee also hopes that the Tenancy Labour Bill will soon be adopted and requests the Government to keep the ILO informed of the developments.

2. Freedom of career military personnel to leave the service. The Committee previously noted the Government’s indication in the report that military officers and other career military service personnel have the right to leave the service, in time of peace, at their own request, after seven or ten years of service, by means of notice of reasonable length. It requested the Government to indicate provisions governing this issue and to supply copies thereof. The Committee also noted the provision of section 26(f) of the Defence Force Act, under which an officer may be discharged at any time during the currency of any term of engagement, at his own request on compassionate grounds. The Committee pointed out that career members of the armed forces, who have voluntarily engaged in the armed forces, should not be deprived of the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice.

While noting the Government’s statement in the report that it is still consulting the relevant departments on this issue, the Committee again requests the Government to describe such “compassionate grounds” for resignation, indicating the criteria applied in accepting or rejecting a resignation. Please also supply copies of any regulations relevant to the resignation of career members of the defence force, made by the Minister under section 17(1) of the Defence Force Act (such as e.g. the Defence Force (Officers) Regulations or the Defence Force (Other Ranks) Regulations).

Article 2(2)(a). Compulsory military service. The Committee previously noted that under section 5 of the Defence Force Act (No. 11 of 2004), the defence force shall be charged with the defence of, and maintenance of order in, Malawi and with such other duties as are in accordance with the Constitution and the Act. Recalling that Article 2(2)(a) of the Convention exempts from its provisions work or service exacted in virtue of compulsory military service laws only if such work or service is of a purely military character, the Committee again requests the Government to describe such “other duties”, indicating in particular, what guarantees are provided to ensure that services exacted for military purposes are used for purely military ends.

Article 2(2)(e). Minor communal services. The Committee previously noted that, under section 3 of the Employment Act 2000, the expression “forced labour” does not include minor communal services of a kind performed by members of the community in the direct interest of the community. It noted the Government’s indication in its previous report that, when the community wants to undertake any work or service to improve their living standards, this is done in consultation with all the people concerned in that area. The Committee requested the Government to provide information on any exaction of such minor communal services in practice and on the consultations of the members of the community concerning the need for such services.

The Committee notes the Government’s indication in its report that minor communal services are mainly done in communities in rural areas and mostly involve upgrading rural roads, which are affected by rains, in order to have access to markets or to schools. The Government also indicates that the issue was tabled for discussion in the current law review process.

While noting this information, the Committee wishes to draw the Government’s attention to the criteria which determine the limits of this exception from the scope of the Convention and serve to distinguish it from other forms of compulsory services which, under the terms of the Convention, must be abolished (such as forced labour for general or local public works). These criteria are as follows:

–      the services must be “minor services”, i.e. relate primarily to maintenance work and, in exceptional cases, to the erection of certain buildings intended to improve the social conditions of the population of the community itself (a small school, a medical consultation and treatment room, etc.);

–      the services must be “communal services” performed “in the direct interest of the community”, and not relate to the execution of works intended to benefit a wider group;

–      the “members of the community” (i.e. the community which has to perform the services) or their “direct” representative (e.g. the village council) must “have the right to be consulted in regard to the need for such services”.

The Committee hopes that the above considerations will be taken into account in the course of the current law review process and that the Government will keep the ILO informed of the developments in this area. Pending the revision, the Committee requests the Government to continue to provide information on the exaction of minor communal services in practice and on the consultations of the members of the community concerning the need for such services.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Articles 1(1) and 2(1) of the Convention. Bonded labour. In its earlier comments, the Committee referred to the allegations made by the International Confederation of Free Trade Unions (ICFTU) concerning the existence of bonded labour on tobacco plantations and in domestic service. The Committee noted that, in its reply, the Government denied these allegations and stated that labour inspectors in Malawi had never come across such cases and no complaints concerning the alleged forced labour had been filed under section 64 of the Employment Act 2000. In its latest report, as well as in its reply to comments by the Malawi Congress of Trade Unions (MCTU), the Government confirms that no reports have been received regarding bonded labour either in domestic service or in tobacco sector, and that measures have been taken to reinforce the role of labour inspectors in all 28 district labour offices in Malawi. As regards the Tenancy Labour Bill referred to in the Government’s previous report, the Government indicates that it will not be submitted to Parliament before its possible negative and positive effects on the economy are determined, and that a study is being conducted with the objectives to identify the possible ways of abolishing the tenancy labour system in Malawi and to specify how direct wage labour would effectively replace the tenancy labour system in Malawi. The Committee hopes that a copy of the report on this study will be provided by the Government, once it has been published. Please also supply a copy of the Tenancy Labour Act, as soon as it is adopted.

2. Freedom of career military personnel to leave the service. The Committee notes the Government’s indication in the report that military officers and other career military service personnel have the right to leave the service, in time of peace, at their own request, after seven or ten years of service, by means of notice of reasonable length. It requests the Government to indicate provisions governing this issue and to supply copies thereof. The Committee also notes the provision of section 26(f) of the Defence Force Act, under which an officer may be discharged at any time during the currency of any term of engagement, at his own request on compassionate grounds. The Committee pointed out that career members of the armed forces, who have voluntarily engaged in the armed forces, should not be deprived of the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice. The Committee requests the Government to describe such “compassionate grounds” for resignation, indicating the criteria applied in accepting or rejecting a resignation. Please also supply copies of any regulations relevant to the resignation of career members of the Defence Force, made by the Minister under section 17(1) of the Defence Force Act (such as e.g. the Defence Force (Officers) Regulations or the Defence Force (Other Ranks) Regulations).

3. Article 2(2)(a). Use of the defence force for purely military ends. The Committee notes that under section 5 of the Defence Force Act (No. 11 of 2004), supplied by the Government with its report, the defence force shall be charged with the defence of, and maintenance of order in, Malawi and with such other duties as are in accordance with the Constitution and the Act. Please describe such “other duties”, indicating in particular, what guarantees are provided to ensure that services exacted for military purposes are used for purely military ends, in accordance with this Article.

4. Article 2(2)(c). Prison labour. The Committee notes the Government’s indications in the report concerning the revision of the Prisons Act and hopes that the Government will supply a copy of the revised Act, as soon as it is adopted. Pending the adoption, the Committee requests the Government to provide a copy of sections 75 and 76 of the Prisons Act (Cap. 9) concerning the work of prisoners, to which reference is made in the report.

5. Article 2(2)(e). Minor communal services. The Committee previously noted that, under section 3 of the Employment Act 2000, the expression “forced labour” does not include minor communal services of a kind performed by members of the community in the direct interest of the community. It notes the Government’s indication in the report that, when the community wants to undertake any work or service to improve their living standards, this is done in consultation with all the people concerned in that area. The Committee again requests the Government to provide information on any exaction of such minor communal services in practice and on the consultations of the members of the community concerning the need for such services.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee has noted the Government’s reply to its earlier comments. It has also noted the comments on the application of the Convention in Malawi made by the Malawi Congress of Trade Unions (MCTU) in a communication dated 26 December 2004, as well as the Government’s reply to these comments.

Articles 1(1) and 2(1) of the Convention. 1. Bonded labour. In its earlier comments, the Committee referred to the allegations made by the International Confederation of Free Trade Unions (ICFTU) concerning the existence of bonded labour on tobacco plantations and in domestic service. The Committee noted that, in its reply, the Government denied these allegations and stated that labour inspectors in Malawi had never come across such cases and no complaints concerning the alleged forced labour had been filed under section 64 of the Employment Act, 2000. In its latest report, as well as in its reply to comments by the UCTU referred to above, the Government confirms that no reports have been received regarding bonded labour either in domestic service or in tobacco sector, and that measures have been taken to reinforce the role of labour inspectors in all 28 district labour offices in Malawi. As regards the Tenancy Labour Bill referred to in the Government’s previous report, the Government indicates that it will not be submitted to Parliament before its possible negative and positive effects on the economy are determined, and that a study is being conducted with the objectives to identify the possible ways of abolishing the tenancy labour system in Malawi and to specify how direct wage labour would effectively replace the tenancy labour system in Malawi. The Committee hopes that a copy of the report on this study will be provided by the Government, once it has been published. Please also supply a copy of the Tenancy Labour Act, as soon as it is adopted.

2. Worst forms of child labour. As regards the issue of child labour in the tobacco sector, the Committee asks the Government to refer to its comments on the application of Convention No. 182, likewise ratified by Malawi.

3. Freedom of career military personnel to leave the service. The Committee notes the Government’s indication in the report that military officers and other career military service personnel have the right to leave the service, in time of peace, at their own request, after seven or ten years of service, by means of notice of reasonable length. It requests the Government to indicate provisions governing this issue and to supply copies thereof. The Committee also notes the provision of section 26(f) of the Defence Force Act, under which an officer may be discharged at any time during the currency of any term of engagement, at his own request on compassionate grounds. Referring to paragraphs 33 and 72 of its General Survey of 1979 on the abolition of forced labour, where the Committee pointed out that career members of the armed forces, who have voluntarily engaged in the armed forces, should not be deprived of the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice, the Committee requests the Government to describe such "compassionate grounds" for resignation, indicating the criteria applied in accepting or rejecting a resignation. Please also supply copies of any regulations relevant to the resignation of career members of the Defence Force, made by the Minister under section 17(1) of the Defence Force Act (such as e.g. the Defence Force (Officers) Regulations or the Defence Force (Other Ranks) Regulations).

Article 2(2)(a). 4. Use of the defence force for purely military ends. The Committee notes that under section 5 of the Defence Force Act (No. 11 of 2004), supplied by the Government with its report, the defence force shall be charged with the defence of, and maintenance of order in, Malawi and with such other duties as are in accordance with the Constitution and the Act. Please describe such "other duties", indicating in particular, what guarantees are provided to ensure that services exacted for military purposes are used for purely military ends, in accordance with this Article.

5. Article 2(2)(c). Prison labour. The Committee notes the Government’s indications in the report concerning the revision of the Prisons Act and hopes that the Government will supply a copy of the revised Act, as soon as it is adopted. Pending the adoption, the Committee requests the Government to provide a copy of sections 75 and 76 of the Prisons Act (Cap. 9) concerning the work of prisoners, to which reference is made in the report.

6. Article 2(2)(e). Minor communal services. The Committee previously noted that, under section 3 of the Employment Act, 2000, the expression "forced labour" does not include minor communal services of a kind performed by members of the community in the direct interest of the community. It notes the Government’s indication in the report that, when the community wants to undertake any work or service to improve their living standards, this is done in consultation with all the people concerned in that area. The Committee again requests the Government to provide information on any exaction of such minor communal services in practice and on the consultations of the members of the community concerning the need for such services.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

1. The Committee has noted with interest the information provided by the Government in its first and second reports on the application of the Convention. It has also noted a communication dated 6 February 2002, received from the International Confederation of Free Trade Unions (ICFTU), which contains comments on the observance of the Convention in Malawi, and the Government’s reply to these comments.

In its communication, the ICFTU has made the following allegations of the existence of forced labour on plantations and in domestic service:

Bonded labour is reported to occur in domestic service, often involving girls and young women, and is widespread on tobacco plantations, involving entire families. Tobacco tenants have exclusive arrangements, often non-written, with the estate owners to sell their crop and to buy inputs such as fertilizer, seed and often food. These inputs, in addition to rent charges, often outweigh the artificially low price received for the tobacco crop, leading to a situation of debt and bonded labour to repay the debts.

In its reply, the Government expressed surprise at the allegations and denies them stating that labour inspectors in Malawi have never come across such cases and no complaints concerning the alleged forced labour have been filed under section 64 of the Employment Act, 2000. The Government also refers to the ILO/IEC regional programme on prevention, withdrawal and rehabilitation of children engaged in hazardous work in the commercial agricultural sector, in which Malawi has been included. The programme will focus on eventual elimination of child labour in the tobacco sector. In addition, there are private sector initiatives undertaken by the tobacco growing enterprises and estates and the Tobacco Exporters’ Association of Malawi, which are aiming at the elimination of child labour in the same sector. The Government also indicates that a Tenancy Labour Bill drafted in consultation with the social partners is in the process of being presented to Parliament.

The Committee welcomes these indications and hopes that appropriate measures will be taken or envisaged by the Government to identify bonded labourers, both in the tobacco sector and in the domestic service (e.g. by reinforcing the role of labour inspectors), and to ensure their subsequent rehabilitation. The Committee requests the Government to provide, in its next report, information on the action taken. Please also supply a copy of the Tenancy Labour Act, as soon as it is adopted.

2. The Committee has noted the provisions of section 27 of the Malawi Constitution and section 4(1) of the Employment Act, 2000, prohibiting forced labour. It would be grateful if the Government would supply, with its next report, copies of the following legislation: the latest updated and consolidated text of the Penal Code and Prison Regulations (as well as any other provisions governing prison labour); the Defence Force Act and other acts governing disciplined forces; legislation concerning a state of emergency. The Committee also requests the Government to provide additional information on the following points.

Article 2(2)(a) of the Convention. Please indicate what guarantees are provided to ensure that services exacted for military purposes are used for purely military ends. Please also indicate any provisions applicable to military officers and other career military servicemen, as regards their right to leave the service, in time of peace, at their own request, either at certain reasonable intervals or by means of notice of reasonable length.

Article 2(2)(b). The Committee has noted from the definition of "forced labour" given in section 3 of the Employment Act, 2000, that the expression "forced labour" does not include any work or service that forms part of the normal communal or civil obligations of citizens of Malawi. Please describe such "normal communal and civil obligations" and supply copies of relevant provisions.

Article 2(2)(e). The Committee has noted from the abovementioned section 3 of the Employment Act, 2000, that the expression "forced labour" does not include minor communal services of a kind performed by members of the community in the direct interest of the community. Please provide information on any exaction of such minor communal services in practice and on the consultations of the members of the community concerning the need for such services.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

1. The Committee has noted with interest the information provided by the Government in its first and second reports on the application of the Convention. It has also noted a communication dated 6 February 2002, received from the International Confederation of Free Trade Unions (ICFTU), which contains comments on the observance of the Convention in Malawi, and the Government’s reply to these comments.

In its communication, the ICFTU has made the following allegations of the existence of forced labour on plantations and in domestic service:

Bonded labour is reported to occur in domestic service, often involving girls and young women, and is widespread on tobacco plantations, involving entire families. Tobacco tenants have exclusive arrangements, often non-written, with the estate owners to sell their crop and to buy inputs such as fertilizer, seed and often food. These inputs, in addition to rent charges, often outweigh the artificially low price received for the tobacco crop, leading to a situation of debt and bonded labour to repay the debts.

In its reply, the Government expressed surprise at the allegations and denies them stating that labour inspectors in Malawi have never come across such cases and no complaints concerning the alleged forced labour have been filed under section 64 of the Employment Act, 2000. The Government also refers to the ILO/IEC regional programme on prevention, withdrawal and rehabilitation of children engaged in hazardous work in the commercial agricultural sector, in which Malawi has been included. The programme will focus on eventual elimination of child labour in the tobacco sector. In addition, there are private sector initiatives undertaken by the tobacco growing enterprises and estates and the Tobacco Exporters’ Association of Malawi, which are aiming at the elimination of child labour in the same sector. The Government also indicates that a Tenancy Labour Bill drafted in consultation with the social partners is in the process of being presented to Parliament.

The Committee welcomes these indications and hopes that appropriate measures will be taken or envisaged by the Government to identify bonded labourers, both in the tobacco sector and in the domestic service (e.g. by reinforcing the role of labour inspectors), and to ensure their subsequent rehabilitation. The Committee requests the Government to provide, in its next report, information on the action taken. Please also supply a copy of the Tenancy Labour Act, as soon as it is adopted.

2. The Committee has noted the provisions of section 27 of the Malawi Constitution and section 4(1) of the Employment Act, 2000, prohibiting forced labour. It would be grateful if the Government would supply, with its next report, copies of the following legislation: the latest updated and consolidated text of the Penal Code and Prison Regulations (as well as any other provisions governing prison labour); the Defence Force Act and other acts governing disciplined forces; legislation concerning a state of emergency. The Committee also requests the Government to provide additional information on the following points.

Article 2(2)(a) of the Convention. Please indicate what guarantees are provided to ensure that services exacted for military purposes are used for purely military ends. Please also indicate any provisions applicable to military officers and other career military servicemen, as regards their right to leave the service, in time of peace, at their own request, either at certain reasonable intervals or by means of notice of reasonable length.

Article 2(2)(b). The Committee has noted from the definition of "forced labour" given in section 3 of the Employment Act, 2000, that the expression "forced labour" does not include any work or service that forms part of the normal communal or civil obligations of citizens of Malawi. Please describe such "normal communal and civil obligations" and supply copies of relevant provisions.

Article 2(2)(e). The Committee has noted from the abovementioned section 3 of the Employment Act, 2000, that the expression "forced labour" does not include minor communal services of a kind performed by members of the community in the direct interest of the community. Please provide information on any exaction of such minor communal services in practice and on the consultations of the members of the community concerning the need for such services.