Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

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

Articles 1(1) and 2(1) of the Convention. 1. Debt bondage. Over a number of years, the Committee has been raising the issue of forced labour in tobacco plantations pursuant to allegations from various workers’ organizations. It noted that the Government denied these allegations, stating that the labour inspectors had never heard of such cases and that no forced labour complaint had been filed. The Committee also noted that, in its 2010 report for the periodic review of the General Council of the World Trade Organization (WTO) regarding trade policies of Malawi, the International Trade Union Confederation (ITUC) highlighted that in plantations, especially in tobacco farms, tenant labourers are exploited through an indebtedness system and coerced into labour by the landlords. The Committee requested the Government to take the necessary measures to expedite the adoption of the Tenancy Labour Bill with a view to strengthening the protection of tenant labourers against the debt mechanisms that may result in debt bondage.

The Committee notes the Government’s indication in its report that it has taken a position to abolish the tenancy system itself and consultations will soon start in this respect. The Government also indicates that the tenancy system is a gross violation of human rights as it was designed during an era when human rights were not respected. Finally, the Government states that stakeholders and social partners are of the view of revising the Employment Act to include the tenancy farming, and that it will keep the Committee updated accordingly in this regard. The Committee expresses the firm hope that the Government will take the necessary measures to adopt both the Tenancy Labour Bill and the Employment Act without delay in order to ensure the protection of tenant labourers against the debt mechanisms that may result in debt bondage. The Committee requests the Government to supply a copy of the laws once they are adopted.

2. Trafficking in persons. In its previous comments, the Committee noted the absence of specific legislation against trafficking in persons, and therefore requested the Government to take the necessary measures in this respect. The Committee notes the Government’s indication in its report that the Trafficking in Persons Act was adopted in 2015. The Committee notes with interest that the Act covers in its definition forced labour, as well as the forced participation of a person in all forms of commercial sexual activity (Part I). It also notes that a person who traffics another person commits an offence, and shall upon conviction, be liable to imprisonment for 14 years without the option of a fine (section 14). In aggravated circumstances the trafficker is liable to imprisonment for 21 years. Moreover, the Committee notes that the Act provides for the establishment of a National Coordination Committee against Trafficking in Persons that should, among others: (i) coordinate and oversee investigations and receive reports from enforcement officers on the investigation and prosecution of offences under this Act; (ii) initiate education and awareness programmes on the causes and consequences of trafficking in persons; (iii) formulate policy, programmes and strategies to prevent and suppress trafficking in persons; and (iv) liaise with government agencies and non-governmental organizations on rehabilitation and reintegration of trafficked persons. Lastly, the Committee notes that the Act provides for several measures with regard to the protection of victims of trafficking, including the establishment of shelters, as well as an Anti-Trafficking Fund that shall provide care, assistance and support to victims of trafficking in persons.

The Committee further notes that in its concluding observations of 2015, the UN Committee on the Elimination of Discrimination against Women (CEDAW), although welcoming the adoption of the Trafficking in Persons Act, expressed its concern at the large and growing number of cases of trafficking in women and girls, as well as the lack of awareness about the new law and the limited protection and assistance available to victims. The Committee requests the Government to strengthen its efforts to prevent and combat trafficking in persons, paying special attention to the situation of women and girls, and to provide information on the application in practice of the Trafficking in Persons Act, 2015, including the number of investigations, prosecutions and convictions. The Committee also requests the Government to provide information on the activities of the National Coordination Committee against Trafficking in Persons, indicating in particular the measures taken to provide assistance to victims of trafficking.

The Committee is raising other matters in a request addressed directly to the Government.