Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Migration for Employment Convention (Revised), 1949 (No. 97) - Malawi (Ratification: 1965)

1. The Committee notes with interest the Government’s brief information regarding the anti-discrimination principle contained in sections 5 and 6 of the Employment Act No. 6 of 2000 and the repeal of the African Emigration and Immigrant Workers Act Cap. 56:02 as a result of the coming into force of the Employment Act.

2. However, the Committee notes that since 1988 it has received no detailed report including up-to-date information covering all fields of the Convention. The Committee noted in its General Survey of 1999 on migrant workers (see paragraphs 5-17) that the extent, direction and nature of international labour migration have undergone profound changes since the Convention was adopted. The Committee therefore asks the Government to submit a full report on the application of the Convention in law and practice, in accordance with the relevant report form questionnaire approved by the Governing Body. The Committee also would appreciate if the Government would provide statistics on Malawian nationals working abroad, as well as on the number of foreigners employed in Malawi.

3. The Committee notes the Government’s statement in its report that the Government allows for the free flow of migrant labour. The Committee requests the Government to indicate the significance and impact of this non-regulation of migration. In this connection, the Committee would be grateful if the Government would state how the current trends in migration flows have affected the content and implementation of its national policy and legislation on emigration and immigration.

4. The Committee requests the Government to provide information on the nature of the existing collaboration, including the conclusion of any agreements on migration, with other governments, as indicated in the Government’s report.

5. The Committee would be grateful if the Government would indicate whether any provisions of the African Emigration and Immigrant Workers Ordinance Cap. 79 of 1963 remain in force in Malawi.