Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Malawi (Ratification: 1965)

The Committee notes the information contained in the Government’s report and the attached documentation.

1.  The Committee notes with interest the Government’s statement that the prohibition of night work and underground work for women was deleted from the final draft of the Employment Bill after the social partners determined that it was up to women themselves to decide on the matter. Noting that the International Labour Conference, at its 88th Session (June 2000), was informed by the Minister of Labour and Vocational Training that the Bill, adopted by the National Assembly in March 2000, had been endorsed by the President of the Republic, it requests the Government to supply a copy of the text adopted by Parliament. It also requests the Government to supply the conclusions of the report of the Law Reform Commissioner subsequent to his or her review of legislation that discriminates against women, as soon as it is available.

2.  The Committee notes the Government’s statement that there is no discrimination in recruitment and selection and notes the Government’s example that both sexes are equitably represented in the composition of the Government as well as in posts of responsibility in the civil service and that women are members of the Tripartite Labour Advisory Council, the Wages Advisory Board and the Industrial Relations Court. In this context, the Committee duly notes the explanations provided by the Government in regard to grades S8/P8-S6/P6 in the civil service, from which it emerges that, contrary to the Committee’s understanding, these grades are in fact at the bottom of the salary scale. In the light of these explanations, it appears clearly that the higher the level of responsibility, the fewer women there are. Hence, according to the table supplied by the Government, in 1995, grades S2/P4 and above contained 4.6 per cent of women as against 9.5 per cent at grade S5/P5 and 19.3 per cent at grades S8/P8-S6/P6. It therefore reiterates the hope that the Government will supply in its next report specific information on programmes implemented or envisaged for the purpose of developing the employment of women in the civil service, particularly at the highest levels, and that it will indicate whether positive results in this direction have already been obtained.

3.  The Committee draws the Government’s attention to the fact that, apart from sex, Convention No. 111 prohibits discrimination in employment or occupation made on the basis of six other criteria - race, colour, religion, political opinion, national extraction and social origin - and therefore requests it to indicate what specific measures are taken or envisaged to ensure non-discrimination based on these other criteria in regard to recruitment and selection for the posts under its control.

4.  Although the State’s responsibility in pursuit of a policy of equality of opportunity and treatment in regard to employment subject to its control is fundamental, the State also has an obligation, under Article 3(a) and (b) of the Convention, to secure the acceptance and observance of this policy in the private sector and to cooperate with employers and workers in promoting acceptance and observance of the policy. The Committee therefore requests the Government to supply information on specific promotional activities undertaken or envisaged in order to encourage the acceptance and observance of the Convention. The Government is also requested to provide information on the roles of employers’ and workers’ organizations in the implementation of the policy of equality of opportunity and treatment.

5.  With regard to measures taken to narrow the gap between education attainment levels of boys and girls, the Committee notes the Government’s affirmation that it is making efforts in this direction. The Committee notes in particular the Girls’ Attainment for Basic Literacy Education (GABLE), part of the social mobilization campaign project launched by the Ministry of Gender, Youth and Community Services. In addition to the campaign against illiteracy, this activity endeavours to bring awareness to the community of the importance of education for girls and has enabled the Government to introduce free education for all girls who have successfully progressed from primary to secondary education. It also observes that the Ministry is running an adult literacy programme which, to date, has made over 600,000 adults literate, of whom 86 per cent are women. Finally, according to the Government’s report, a special system has been initiated which is designed to increase the number of girls entering university, under which the number of points required for admission is different for girls and for boys. The information in the Government’s report, however, shows that the number of points required for admission to university is higher for girls (29 points) than for boys (26 points). The Committee therefore requests the Government to provide clarification on the exact manner in which this system operates.

6.  Noting that the statistics on participation by women in occupations traditionally chosen by men are still not available, the Committee trusts that the Government will supply the relevant information as soon as it is available. It notes, however, the Government’s statement that it encourages women to choose occupations traditionally considered to be male occupations, such as engineering. The Committee wishes to emphasize again the importance of training and also of vocational guidance, in that they affect real possibilities for access to jobs and occupations particularly since discrimination in access to training is perpetuated and accentuated later at the level of employment and occupation. It therefore requests the Government to indicate what specific measures are taken or envisaged to increase participation by girls in occupational training, including technical occupational training traditionally chosen by boys.