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

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. It also notes the comments by the International Confederation of Free Trade Unions (ICFTU) of 6 February 2002, the Government’s response to these comments and the ICFTU’s further clarifications of 9 October 2002.

1. In its previous comment the Committee raised its concern over the small percentage of women occupying positions of responsibility in the civil service. In its comments the ICFTU indicates that only 5 per cent of the managerial positions are held by women, and that access to more secure and higher paid employment is greatly restricted for women. The Committee notes that the statistical data supplied by the Government show women’s participation in managerial positions in the civil service to be low but to have increased since 1995 to be 11.02 per cent for positions at the P2/S2 ranks and 10.38 per cent for the P3/S3 ranks. The Committee further notes the Government’s response to the comments made by the ICFTU indicating its commitment, together with the Southern African Development Community (SADC), to reach a target of 30 per cent of women in the political and decision-making structures by the year 2005. Therefore, the Committee asks the Government to indicate the measures taken to reach this target and to supply statistical data on the results obtained.

2. The Committee notes that according to the ICFTU women rural farmers constitute the majority of working poor and face discrimination in access to productive resources that would improve their living and working conditions. It notes that the National Gender Policy 2000-05 states that "women remain largely absent at all levels of policy-making project formulation and management of natural resources and the environment". However, the Committee also notes the information in the Government’s reply concerning a project by the Freedom Foundation Trust, whose patron is Malawi’s First Lady, with the Malawi Rural Finance Company to provide credit facilities to rural women. The Committee would appreciate receiving further information on this initiative and on any other concrete measures taken or envisaged to enhance equal opportunity and treatment for rural women in productive employment, and on the results achieved by these measures.

3. The Committee notes the information provided in the National Gender Policy 2000-05 that adult female illiteracy is estimated at 71 per cent, while that of men is 52 per cent; that the drop-out rate of girls is still high compared to boys, so that in the final year of primary school only 25 per cent of the students are girls; and that girls still concentrate in stereotyped fields of study such as nursing, teaching, secretarial training and home economics. The Committee also notes the ICFTU comments that point out the low level of education of rural women. The Committee notes the efforts of the Government to correct disparities in education opportunities for girls and boys. It notes with interest the Girls Attainment of Basic Literacy and Education (GAMBLE) programme, the change in policy to allow pregnant girls to go back to school after childbirth, the inclusion of gender training courses for teachers, and the policy to facilitate women’s admission to university. The Committee hopes the Government will continue to provide statistical data on women and girls’ educational attainment and to indicate the results achieved through the abovementioned programmes. It also requests the Government to indicate whether it envisages taking additional measures to correct de facto inequalities in education which is expected to improve literacy skills of women and to enhance their potential in respect of economic productivity and equal access to training, skill development and jobs.

4. The Committee notes the adoption of the new Employment Act, 2000, which in section 5 bans discrimination "against any employee or prospective employee on the grounds of race, colour, sex, language, religion, political or other opinion, nationality, ethnic or social origin, disability, property, birth, marital or other status or family responsibility, in respect of recruitment, training, promotion, terms and conditions of employment, termination of employment or other matters arising out of the employment relationship". The Committee also notes section 2 of the same Act that defines the scope of application of the Act, and requests the Government to indicate the manner in which protection is afforded in law and practice against discrimination in occupation for self-employed persons, for domestic workers, and for members of the armed forces, the prison service and the police. The Committee also asks the Government to indicate the measures taken to promote application of the law in practice, for women and men as well as on the other grounds set forth in the new Act, including with respect to public information, labour inspection and other enforcement activities.

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