Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Article 1 of the Convention. Sexual harassment. The Committee notes from the Government’s report under the Equal Remuneration Convention, 1951 (No. 100) that the National Gender Policy has been adopted, which contains provisions to address gender issues, women’s empowerment and sexual harassment. The Committee also notes that, according to the Government’s responses to the United Nations Committee on the Elimination of Discrimination against Women, the Gender Equality Bill has been developed by the Law Commission, and covers dignity, including sexual harassment; the Bill was to be presented to Parliament for enactment and Cabinet approval by the end of 2010 (CEDAW/C/MWI/Q/6/Add.1, 5 January 2010, paragraphs 5–8). Recalling the importance of defining and prohibiting sexual harassment, both quid pro quo and hostile environment harassment, the Committee hopes that the Gender Equality Bill will address these matters, and asks the Government to provide information on the status of the adoption of the Gender Equality Bill, as well as on any other measures taken to prevent and address sexual harassment in employment and occupation. Please also provide information on the status of the adoption of the revised Employment Act.

Scope of application. The Committee once again asks the Government to indicate any regulations governing self-employed persons, members of the armed forces, the prison service and the police. It would also appreciate receiving information on any cases brought before the Industrial Relations Court or any other judicial or administrative bodies involving the application of the Convention for these categories of workers.

Article 3. Cooperation with employers’ and workers’ organizations. The Committee notes the Government’s indication that tripartite consultations through social dialogue meetings at regional and national level are conducted annually. The Committee asks the Government to provide detailed information concerning any specific agenda of those tripartite consultations, and the results achieved through the consultations.

Parts III to V of the report form. The Committee notes the Government’s indication that so far there has been no court decision involving questions of principle relating to the application of the Convention. The Committee asks the Government to provide up-to-date information on any related judicial decisions and case of infringement reported to or detected by labour inspection services, as well as the remedies provided or sanctions imposed. It also once again requests the information on the activities carried out by the Industrial Relations Court or any other relevant bodies in order to raise public awareness with respect to the principle of the Convention. Please also provide copies of relevant reports and research papers of the Malawi Law Commission.