Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Equal Remuneration Convention, 1951 (No. 100) - Malawi (Ratification: 1965)

Article 2 of the Convention. Application of the principle. The Committee recalls the importance of addressing equal remuneration in the context of a more general policy to promote gender equality and address discrimination based on sex. The Committee notes the adoption of the Gender Equality Act of 2013 which prohibits discrimination on the basis of sex, aims to promote gender equality and provides for public awareness raising on gender equality and a specific role for the Human Rights Commission. The Committee asks the Government to provide information on the practical application of the Gender Equality Act of 2013, including any activity undertaken by the Human Rights Commission, and its impact on the application of the principle of equal remuneration for men and women for work of equal value as set out in the Employment Act.

Application of the principle in rural areas and the informal economy. The Committee notes that with respect to its previous comments regarding wage disparities between men and women in the rural areas, the Government in its report merely repeats previous statements that the statutory minimum wage applies to both rural and urban areas. The Committee encourages the Government to collect data on the incidence and causes of the gender pay gap in the agricultural sector with a view to determining the extent and nature of wage disparities in the sector, and to provide information on any steps taken in relation thereto. It also asks the Government to provide information on any awareness-raising activities on the principle of equal remuneration for men and women for work of equal value carried out in the agricultural sector. In light of the Government’s previous indication that the Charter on Gender would enable women to move from the informal to the formal economy, the Committee also asks the Government to provide information on the specific measures taken in this regard and their impact on applying the principle of the Convention.

Article 3 of the Convention. Objective job evaluation. The Committee recalls its previous comments requesting information on objective job evaluation methods. The Committee recalls that Article 3 presupposes the use of appropriate techniques for objective job evaluation to determine value, comparing factors such as skill, effort, responsibilities, and working conditions (see General Survey on the fundamental Conventions, 2012, paragraph 675). It further recalls that given the persistent occupational segregation, ensuring a broad scope of comparison is essential for the application of the principle of equal remuneration. In light of the absence of a response to the Committee’s previous comments on this matter, the Committee again asks the Government to provide specific information on the steps taken to promote the adoption of objective job evaluation methods.

Parts III and IV of the report form. Enforcement. The Government indicates that a training programme for judges and labour inspectors on gender and equal remuneration will take place in 2014. The Government also states that there have been no cases before the courts or tribunals related to the principle of the Convention. The Committee further notes that the Human Rights Commission is responsible for the enforcement of the Gender Equality Act of 2013, and has a duty to monitor and assess Government policies and practices on gender equality (section 9(1) and (2)). The Committee asks the Government to provide specific information on the training conducted for labour inspectors, agricultural extension officers and judges. The Committee also asks the Government to provide detailed information on any cases of violation reported to, or detected by, the labour inspectors, and any related judicial decisions regarding the equal pay provisions in the Employment Act, as well as any cases addressed by the Human Rights Commission regarding discrimination based on sex with respect to remuneration.

Part V. Statistics. The Committee recalls that for a number of years, it has been requesting that the Government compile, analyse, and provide statistical data on the remuneration of women and men. The Committee notes the Government’s indication that, in the public sector, the Department of Human Resource Management and Development collects data for use in recruiting, promotions, training, determination of salaries and remuneration. The Committee further notes that the Gender Equality Act of 2013 in section 23(1)(d) provides for the adoption of ministerial regulations for “the collection of data on incidences and causes of discrimination on account of gender for the purposes of policy reform and programming”. Recalling the importance of statistics to address fully the persisting remuneration gap between men and women, the Committee once again urges the Government to provide statistical data, including those collected by the Department of Human Resource Management and Development, on the earning levels of women and men in urban and rural areas, disaggregated by sector and occupation. The Committee also asks the Government to provide information on any regulations issued and on their implementation, or other steps taken to collect and analyse, in the framework of the Gender Equality Act of 2013, any statistical data on the nature, extent and causes of inequalities in remuneration between men and women.