Observation (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Malawi (Ratification: 1999)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Tenancy system. The Committee notes with satisfaction that the Employment Act was amended in 2021 to prohibit the land tenancy labour system, which was one of the main causes of leading children to work in hazardous conditions in tobacco plantations. In accordance with the new section 4 of the Employment Act, any person who exacts or imposes forced or tenancy labour on another person or causes or permits another person to perform forced or tenancy labour, commits an offence which is punishable by a fine of five million Kwacha (approximately US$5,000) and imprisonment for five years. The Committee requests the Government to provide information on the application in practice of section 4 of the Employment Act, in particular the number of prosecutions, convictions and penalties applied in relation to children under the age of 18 years.

Articles 3(a) and 7(1). Worst forms of child labour and penalties. Sale and trafficking of children. Following its previous comments, the Committee notes the Government’s indication in its report that its statistics on the application of the Trafficking in Persons Act No. 3 of 2015, which criminalizes and punishes the offences related to trafficking, including of children, are not currently disaggregated by age. The Committee notes that, according to the report of the Government under the Forced Labour Convention, 1930 (No. 29), from January 2020 until August 2022, 55 cases of trafficking were prosecuted, out of which 36 are completed with 27 ending up in convictions and 8 in acquittals. The Government indicates that the cases will be disaggregated by age going forward. The Committee requests the Government to take the necessary measures to ensure that data on the application in practice of the Trafficking in Persons Act is disaggregated by age, in particular with regard to the number and nature of violations reported, investigations, prosecutions, convictions and penal sanctions imposed for the sale and trafficking of children under 18 years of age. It requests the Government to provide this information in its next report.

Article 3(b). Use, procuring or offering of a child for prostitution. In its previous comments, the Committee noted the various provisions of the Penal Code of 1930, as amended by Act No. 9 of 1999, establishing offences related to the procuring or offering of a girl or woman, or the indecent assault of boys under the age of 15 (sections 140 and following). However, the Committee noted that there appeared to be no provision criminalizing the use of a child by a client for prostitution and, furthermore, there were no provisions that protect boys aged 15 to 18 years from the use, procuring or offering for prostitution.

The Committee notes that the Government gives no new information on this issue. Therefore, it appears that these practices are still not explicitly prohibited by law. The Committee considers that the effective prohibition and penalization of the use of all children – both boys and girls – for commercial sexual exploitation, including for use in prostitution, is not only required by Article 3(b) of the Convention, but also an essential component of any strategy undertaken to effectively eradicate this scourge. The Committee therefore once again urges the Government to take the necessary measures to ensure the protection of boys between 15 to 18 years from commercial sexual exploitation, as well as to criminalize clients who use children – either girls or boys – under 18 years of age for prostitution. It also urges the Government to take the necessary measures to ensure that thorough investigations and prosecutions are carried out against persons responsible for such offences and that effective and sufficiently dissuasive penalties are imposed in practice.

Article 7(2)(a) and (b). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and providing assistance for the removal of children from these types of work and for their rehabilitation and social integration. 1. Commercial sexual exploitation of children. Following its previous comments, the Committee notes the Government’s information on the measures taken to prevent both boys and girls under the age of 18 from becoming victims of commercial sexual exploitation, as well as on the measures taken to rehabilitate the victims. Such measures include child participation activities where girls are encouraged to take on leading roles; the creation of a forum for girls to express their views and promote their rights; various educational measures; and interventions to protect children with special attention on the girl child to prevent sexual exploitation and keep them in school. The Government has also put in place Lakeside committees that are protecting children, with much focus on girls under the age of 18, from patronizing lakeside activities which expose them to sexual exploitation through sensitization meetings and campaigns. The Government also indicates that section 23 (2)(c) of the Child Care Protection and Justice Act identifies children in situations of sexual exploitation as situation requiring care and protection. In this regard, the Government provides rehabilitation services to survivors of various abuses, including sexual exploitation. The Government indicates that it has rehabilitated 12,530 children (11,999 girls and 534 boys). Taking due note of the measures taken by the Government, the Committee encourages it to continue its efforts aimed at protecting children – both girls and boys – under 18 years of age against commercial sexual exploitation. It requests the Government to continue providing information on the measures taken to rehabilitate and socially integrate child victims, and on the results achieved.

2. Children engaged in hazardous work in commercial agriculture, particularly tobacco estates. Following its previous comments, the Committee notes the Government’s detailed information on the activities conducted to combat hazardous work in agriculture, in particular tobacco production, in its reports under Conventions No. 138 and No. 182. In particular, the Committee takes due note of the activities implemented and results achieved by the National Smallholder Farmer’s Association of Malawi (NASFAM) under the Achieving Reduction of Child Labour in Support of Education (ARISE) programme, and by the Tobacco Association of Malawi (TAMA) Farmer’s trust. These include: (i) various trainings and awareness-raising campaigns on child labour, including in supply chains, for farmers; (ii) MOUs with tobacco companies which aim to protect children engaging in hazardous work in commercial agriculture, especially in tobacco; (iii) the adoption, dissemination and implementation of a Child Labour Policy by TAMA; and (iv) the implementation of projects (such as the “knowledgeable farmer” project) to promote the use of social dialogue in child labour elimination at the local level. Positive results were achieved, including the mainstreaming of child labour issues and knowledge even at community level and the re-enrolment of children in school.

The Committee notes that the Government continues to work with social and development partners, including the ILO, in protecting children from worst forms of child labour in agriculture. The 2020-24 project to Address Decent Work Deficits in the Tobacco Sector in Malawi (ADDRESS), for example, which is the umbrella for ILO development cooperation projects touching upon the tobacco sector, is being implemented with several partners, including the tripartite constituents and civil society organizations, to ensure that they effectively address decent work deficits in this sector and ensure access to rights. Other projects include Accelerating action for the elimination of child labour in supply chains in Africa (ACCEL), which aims to improve policy, legal and institutional frameworks to address child labour and its root causes in global supply chains by institutionalizing innovative and evidence-based solutions.

Moreover, in the framework of these and other projects, Malawi authorities requested and contributed to the collection of relevant data on the issues concerned to fill existing knowledge gaps and develop appropriate responses. For instance, a qualitative study on the tenancy system, conducted with the support of the ILO in 2020, led to the identification of the key issues and contributed to the national dialogue around the abolition of the land tenancy system by the Government. A quantitative study is also being finalized in collaboration with the National Statistical Office (NSO), to assess the number and characteristics of tenants in tobacco at the national level.

The Committee therefore observes with interest that action is being taken to combat the worst forms of child labour in the agricultural sector, in particular tobacco plantations, through a multi-pronged and tailored approach addressing the root causes of child labour in this sector. The Committee strongly encourages the Government to continue its efforts to protect children from hazardous work in these sectors, in particular in tobacco plantations, through measures taken within the framework of the various ongoing projects and initiatives. It requests the Government to continue to provide concrete information on the number of children who have been prevented or withdrawn from engaging in this type of hazardous work, and then rehabilitated and socially integrated.

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