Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Migration for Employment Convention (Revised), 1949 (No. 97) - Malawi (Ratification: 1965)

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:

Repetition

Article 1(a) of the Convention. Information on national policy. The Committee notes from the Government’s report that the sole programme on labour migration existing in the country concerns the recruitment of foreigners under temporary employment permits and that no statistical information on Malawi nationals working abroad and on foreigners employed in Malawi is currently available. The Committee also notes the Government’s intention to start consultations on migration issues with a view to developing a national policy on migration. The Committee further notes the Government’s wish to receive assistance from the Office in carrying out this task as well as in establishing a national monitoring system on migration flows, including a database. The Committee draws the Government’s attention to the ILO Multilateral Framework on Labour Migration which provide principles and guidelines useful to the elaboration and implementation of labour migration policies, and further reminds the Government of the importance of ensuring that the employers’ and workers’ organizations participate in this process. The Committee welcomes the Government’s initiative to develop a national policy on migration and to collect relevant statistical data, encourages the Government to take steps to obtain technical assistance from the Office in this regard. It also asks the Government to provide information on the progress achieved in the formulation of the national policy on migration.

Article 1(c). Information on general agreements and special arrangements. The Committee reiterates its request for information on the nature of the existing collaboration with other governments on migration, including the conclusion of any relevant agreements.

Practical information. The Committee notes from the Government’s report that no judicial or administrative decisions concerning the application of the Convention have been handed down. Nor have any violations been detected by the labour inspection services. The Committee recalls the importance of establishing effective mechanisms to ensure the application of the Convention, especially the principle of equality of treatment, given that migrant workers may not be in a position to take the initiative to secure respect for the relevant legislation due to lack of awareness or fear of reprisals. The Committee requests the Government to provide information on any practical measures taken to ensure the effective application of the Convention, including measures designed to provide judges and labour inspectors with specific training on the issues covered by the Convention. Please also continue to provide information on any judicial or administrative decisions involving questions of principle relating to the application of the Convention as well as on any violations detected by the bodies entrusted with the supervision of the application of the Convention, particularly as regards equality of treatment.