Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 1 of the Convention and Part V of the report form. National policy and practical application of the Convention. In its previous comments, the Committee had noted its serious concern at the situation of the considerable number of children under 14 years of age who were compelled to work (according to the Malawi Child Labour Survey of 2002, more than 1 million children worked, of whom approximately half were less than 9 years of age). Moreover, the Committee had noted the Government’s indication that a National Plan of Action for Orphans and Other Vulnerable Children 2005–09 (NPA for OVC) and a Childhood Development Policy were established. More particularly, it had noted that, according to the NPA for OVC, around 500,000 children were orphans due to HIV/AIDS in 2004 and more than 1 million children were orphans in Malawi in 2005. The Committee had noted that the Government was aware of the consequences of HIV/AIDS on orphans, such as increased child labour and children dropping out of school. It had also noted that the Strategic Objective No. 3 of the NPA for OVC was “to protect the most vulnerable children through improved policy and legislation, leadership, efficient coordination at all levels”.

The Committee noted the Government’s information that it was difficult to measure the impact of specific policies on child labour unless detailed scientific measurement studies are undertaken. However, according to the preliminary report of the Malawi Multiple Indicator Cluster Survey of 2006, the total child labour rate in Malawi dropped from 37 per cent in 2004 to 29 per cent in 2006. According to the same report, approximately 90 per cent of the total number of child orphans in Malawi is made up of children aged 0–14 years. The Committee therefore once again observed that HIV/AIDS has consequences for orphans, for whom there is an increased risk of being engaged in child labour.

The Committee noted the implementation of the ILO–IPEC Country Programme to combat child labour in Malawi, the objective of which is to contribute to the progressive elimination of child labour. According to the technical progress report of March 2007, two country projects were launched on 26 February 2007: the ILO HIV/AIDS Workplace Education Programme and the HIV/AIDS in the Transport Sector. The ILO–IPEC Country Programme also featured four action programmes, the objectives of which are to enhance community empowerment and awareness to prevent child labour and to train teachers to ensure an improvement in school retention rates and, consequently, contribute to the elimination of child labour. The Committee also noted the Government’s information, in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that a National Action Plan on Child Labour was being developed and that a Child Labour Network, comprising all key organizations involved in the fight against child labour, had been formed to strengthen and increase the impact of child labour programmes.

While noting the improvement made in reducing child labour rates, the Committee nevertheless urges the Government once again to redouble its efforts to ensure the progressive abolition of child labour. It also once again requests the Government to provide information on the progress made in the elaboration of the National Action Plan on Child Labour and asks the Government to supply a copy of it as soon as it is adopted. Furthermore, the Committee requests the Government to continue providing information on the other measures it has taken, such as the ILO–IPEC programmes and the HIV/AIDS country projects and their impact towards abolishing child labour. Finally, the Committee also once again requests the Government to continue providing information on the application of the Convention in practice, including, for example, statistics on the employment of children and young persons, extracts from the reports of the inspections services and information on the number and nature of the contraventions reported and sanctions imposed.

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

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.