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

Forced Labour Convention, 1930 (No. 29) - Malawi (Ratification: 1999)
Protocol of 2014 to the Forced Labour Convention, 1930 - Malawi (Ratification: 2019)

The Committee notes with regret 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

Articles 1(1) and 2(1) of the Convention. 1. Bonded labour. In its previous comments, the Committee raised the issue of forced labour in tobacco plantations in response to allegations from various workers’ organizations. It noted that the Government denied these allegations, stating that the labour inspectors of Malawi had never heard of such cases and that no forced labour complaint had been filed. The Committee further notes that in its report for the periodic review of the General Council of the World Trade Organization (WTO) of the trade policies of Malawi, the International Trade Union Confederation (ITUC) highlights that in plantations, especially in tobacco farms, tenant-labourers are exploited through an indebtedness system and coerced into labour by the landlords. The Committee notes the Government’s indication in its latest report that the Tenancy Labour Bill is tabled for the next parliamentary sitting and that the Committee comments in this regard will be taken into consideration. The Committee hopes that the Government will take the necessary measures to adopt the Tenancy Labour Bill in order to reinforce the protection of workers who rent the land they cultivate so that they are not subjected to practices amounting to forced labour. Please provide a copy of the law when it is adopted.

2. Trafficking in persons. The Committee notes that in its concluding observations, the Committee on the Elimination of Discrimination against Women (CEDAW) expresses its concern about the extent of trafficking within and outside the country, the number of women and girls who are victims of sexual exploitation, including prostitution, as well as the limited statistical data regarding these issues (CEDAW/C/MWI/CO/6). The Committee further notes that national legislation does not appear to include provisions defining and punishing trafficking in persons. The Committee requests the Government to indicate the measures taken or envisaged, both in law and in practice, to prevent, suppress and punish trafficking in persons. Pending the adoption of specific legislation on trafficking in persons, the Committee requests the Government to indicate how in practice prosecutions are initiated against the perpetrators. Please provide sample copies of judicial decisions, if any, resulting from such prosecutions.

3. Freedom of career military personnel to leave the service. The Committee previously noted the Government’s indication in the report that military officers and other career military service personnel have the right to leave the service, in time of peace, at their own request, after seven or ten years of service, by means of notice of reasonable length. It requested the Government to indicate provisions governing this issue. The Committee also noted the provision of section 26(f) of the Defence Force Act, under which an officer may be discharged at any time during the currency of any term of engagement, at his own request on “compassionate grounds”. The Committee pointed out that career members of the armed forces, who have voluntarily engaged in the armed forces, should not be deprived of the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice. Noting that no information on this point has been provided by the Government, the Committee requests it once again to describe such “compassionate grounds” for resignation, indicating the criteria applied in accepting or rejecting a resignation.

Article 2(2)(a). Compulsory military service. In its earlier comments, the Committee noted that, under section 5 of the Defence Force Act (No. 11 of 2004), “the defence force shall be charged with the defence of, and maintenance of order in, Malawi” and with such other duties as are in accordance with the Constitution and the Act. In its previous report, the Government indicated that “other duties” are normally restricted to emergency situations like assisting the police in maintaining law and order in times of crisis or in times of disaster to evacuate people from dangerous places. In the absence of any information from the Government in this regard, the Committee requests the Government once again to supply copies of the relevant legislative provisions. Please state what guarantees are provided to ensure that services exacted for military purposes are used for purely military ends.

Article 2(2)(e). Minor communal services. In its earlier comments, the Committee noted that, under section 3 of the Employment Act, 2000, the expression “forced labour” does not include minor communal services of a kind performed by members of the community in the direct interest of the community. It also noted the Government’s indication that when the community wants to undertake any work or service to improve their living standards, this is done in consultation with all the people concerned in that area. The Government also indicated that the issue was tabled for discussion in the current law review process. In its previous report, the Government added that a draft revised bill has taken into consideration the issues raised by the Committee. Noting that no information has been provided by the Government on this point, the Committee expresses reiterates its hope that the provisions of the Convention concerning minor communal services will be duly taken into account in the course of the current law review process and that the Government will keep the Office informed of the developments in this area. Pending the revision, the Committee requests the Government to continue to provide information on the exaction of minor communal services in practice and on the consultations of the members of the community concerning the need for such services.

Communication of texts. The Committee reiterates its hope that the Government will supply a copy of the revised Prisons Act as soon as it is adopted. Pending the adoption, the Committee again requests the Government to provide a copy of sections 75 and 76 of the Prisons Act (Cap. 9:02) concerning the work of prisoners.