Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Minimum Age Convention, 1973 (No. 138) - Malawi (Ratification: 1999)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 2, paragraph 1, of the Convention. Scope. The Committee noted that, according to various provisions of Act No. 6 concerning employment, in particular section 3, which defines the employee, the Act is applicable only where there is an employment contract or labour relationship, although the Convention covers all cases of employment or work, including work done on a self-employed basis. The Committee once again requests the Government to provide additional information indicating the extent to which national legislation gives effect to the Convention in areas not covered by Act No. 6, 2000.

Minimum age. The Committee noted that the provisions of section 97 of the Inland Waters Shipping Act (No. 12) of 1995 refer to the definition of young persons given in the Children’s and Young Persons’ Act (Chapter 26:03). The Committee requested the Government to supply a copy of the Children’s and Young Persons’ Act (Chapter 26:03) to enable it to confirm that legislation prohibits access to work or employment for persons aged below 14 years on means of transport registered in the national territory. The Committee also noted that, according to section 21 of the Act concerning employment, the prohibition of work for children aged below 14 years does not cover work done "in homes", in technical vocational schools or other training institutions. The Committee once again requests the Government to provide some clarification regarding the work "in homes": is this "home work", domestic service, work done in children’s institutions such as orphanages, correctional institutions, etc.?

Article 3, paragraph 1. The Committee noted the provisions of section 22 of Act No. 6 concerning employment of 2000, subsection 1 of which prohibits work by or employment of persons aged between 14 and 18 years in a job or occupation likely to be detrimental to their health, safety, education, morals or development, or likely to interfere with school attendance or any vocational or training programme. The Committee also noted that, according to article 23 of the country’s Constitution, children aged below 16 years have the right to protection from economic exploitation or any treatment, work or punishment that is, or is likely to be hazardous or interfere with their education, or be harmful to their health or to their physical, mental, spiritual or social development. The Committee noted that there is a discrepancy between the constitutional provisions, which provide for protection from dangerous work for children aged below 16 years, and the provisions of section 22 of Act No. 6, which in accordance with the Convention lays down a minimum age of 18 years for work that is likely to be harmful to the health, safety, education, morals or development of such persons or prejudicial to their attendance at school or any other vocational or training programme. The Committee once again requests the Government to harmonize the provisions of the Constitution and the Act in order to ensure that no uncertainty arises as to the requirements of the Convention on this point.

Article 3, paragraph 2. The Committee noted that, in implementation of section 22(2) of Act No. 6 of 2000, the Minister can, in consultation with appropriate organizations of employers and employees, specify, by notice published in the Gazette, occupations or activities which, in his opinion, are likely to be harmful to the health, safety, education, morals or development of persons between the age of 14 and 18 years, or prejudicial to their attendance at school or any other vocational or training programme. The Committee reminded the Government that under the terms of this provision of the Convention, national legislation or the competent authority must determine the types of employment or work likely to jeopardize the health, safety or morals of adolescents. The Committee therefore once again requests the Government to take the necessary measures to give effect to the Convention in this matter and to supply information on the types of work thus determined after consultations with the organizations of employers and workers concerned.

Article 6. The Committee noted that the available legislation does not contain any provision concerning the conditions in which exceptions allowed under this Article can be authorized. At the same time, the Committee noted the reference in the Government’s report to section 21(2) of Act No. 6 concerning employment of 2000 which limits the prohibition of employment of children aged below 14 years by allowing work done in technical vocational schools or in other training institutions where this work is approved and supervised by the public authorities, or is part of a school or vocational training programme for which the school or institution is responsible. The Committee therefore once again requests the Government to indicate the conditions laid down by the competent authority for any work done by children or adolescents and authorized for the purposes specified in this Article. The Committee also requests the Government to provide information on consultations that have been held with the organizations of employers and workers concerned.

Article 7. The Committee noted the Government’s information according to which the occupations or activities in which young people aged below 14 years can be employed to do light work are determined by law. The Committee reminds the Government that light work is authorized only for children of at least 12 years of age. It accordingly requests the Government to take the necessary measures to ensure that it is prohibited to employ children aged below 12 years to do light work, to supply the list of occupations or activities concerned, and to provide details as to the conditions laid down for the employment or work of children aged between 12 and 14 years and on the working hours and conditions of employment applicable in such cases.

Article 8. The Committee noted that the United Nations Committee on the Rights of the Child (in CRC/C/8/Add.43, paragraph 29) refers to a law on censorship and regulation of entertainments. The Committee once again requests the Government to supply a copy of the law in question.

Article 9, paragraph 2. The Committee noted the provisions of section 24 of Act No. 6 of 2000, which states that any person who contravenes Part IV of the Act regarding the employment of young persons is guilty of an offence and liable to a fine of 20,000 kwachas and five years’ imprisonment. The Committee once again requests the Government to specify the persons required to comply with the provisions giving effect to the Convention and those liable to sanctions.

Article 9, paragraph 3. The Committee took note of section 23 of Act No. 6 of 2000, according to which every employer is required to maintain a register of persons aged below 18 years employed by or working for him/her. The Committee also noted that according to the Government’s report, the applicable parliamentary act still does not have a model register. The Committee reminds the Government that registers must show the name and age or date of birth, duly certified as far as possible, of persons employed by or working for the employer. It once again requests the Government to take the necessary measures to ensure that the name and age or date of birth are shown in the registers which the employer must maintain, and to supply a copy of a model register as soon as it is available.

Part III of the report form. The Committee noted that the Committee on the Rights of the Child indicates in its report that the labour inspectors, which have been instituted under the law regarding labour legislation (various provisions), are too few in number and often lack the resources needed to carry out inspections on child labour (CRC/C/8/Add.43, paragraph 340, 26 June 2001). The Committee once again requests the Government to provide information on this point, and to indicate the methods by which compliance with national law is monitored.

Part V of the report form. The Committee noted that, according to the Government’s report, statistics have not yet been produced, although a national survey is under way and its results are expected by the end of 2002. The Committee once again requests the Government to communicate the statistics as soon as they are available. The Committee notes that, according to sections 16 and 17 of Act No. 6 of 2000, inspection reports must be produced, and once again requests the Government to provide a copy of these reports as regards child labour.