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

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

The Committee notes with regret 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 initially made in 2013.

Repetition

Article 1(a) of the Convention. Information on national policies, laws and regulations. The Committee notes the Government’s continued commitment towards the formulation of a migration policy and the collection of statistics relevant to migration issues, and its intention to request ILO technical assistance to facilitate this process, with the full involvement of the social partners. The Committee also notes the Government’s intention to start consultations on migration issues with a view to developing a national policy on migration. The Committee draws the Government’s attention to the ILO Multilateral Framework on Labour Migration which provides principles and guidelines useful to the elaboration and implementation of labour migration policies. The Committee asks the Government to provide information on the status and outcome of any consultations on migration issues, and encourages the Government to take steps to obtain ILO technical assistance to develop a labour migration policy and collect relevant statistics on migration.

Articles 1 and 10. Special arrangements and bilateral agreements. The Committee reiterates its request to the Government to provide information on the nature of the existing collaboration with other governments, including the conclusion of agreements.

Practical application. The Committee notes the Government’s indication that there are no judicial or administrative decisions concerning the application of the Convention and that no problems regarding the application of the Convention exist. The Committee once again recalls the importance of establishing effective mechanisms to ensure the application of the Convention, especially the principle of equality of treatment, given that migrant workers may not be in a position to take the initiative to secure respect for the relevant legislation due to lack of awareness of their rights or of dispute resolution procedures, or fear of reprisals. The Committee requests the Government to provide information on any practical measures taken to ensure the effective application of the Convention, including measures designed to enhance the capacity of judges and labour inspectors to identify and address issues covered by the Convention. The Committee encourages the Government, with a view to developing an effective labour migration policy, to examine the situation of temporary and permanent migrant workers in the country, including any violations detected by the bodies entrusted with the supervision of the application of the Convention, particularly as regards equality of treatment, and to report on any steps taken in this regard.