Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Indigenous and Tribal Populations Convention, 1957 (No. 107) - Malawi (Ratification: 1965)

The Committee notes that the Government’s report due in 2013 has not been received. In the past, the Government has expressed its intention to denounce Convention No. 107. The Committee notes the information contained in a report of the African Commission’s Working Group of Experts on Indigenous Populations/Communities (2005) which indicates that many Barabaig continue to be pushed onwards by shortages of land in neighbouring districts and countries (including Malawi) in search of pasture and water resources for the maintenance of their herds. The Committee invites the Government to indicate in its next report the size of the Barabaig population and other populations which the Government considers to be covered by the Convention. Please also indicate the regions of the country inhabited by them.

Revision of Convention No. 107. The Committee recalls that the Governing Body, at its 270th Session (November 1997), invited States parties to Convention No. 107 to contemplate ratifying the Indigenous and Tribal Peoples Convention, 1989 (No. 169), which will, ipso jure, involve the immediate denunciation of Convention No. 107 (see report of the Working Party on Policy regarding the Revision of Standards, document GB.270/LILS/3(Rev.1), paragraph 85). The Committee therefore encourages the Government to consider, in consultation with the social partners, ratifying Convention No. 169 and to provide information in this regard.

[The Government is asked to reply in detail to the present comment in 2014.]