Direct Request (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. Freedom of career military personnel to leave service. In its earlier comments, the Committee noted that under section 26(f) of the Defence Force Act (No. 11 of 2004), an officer may be discharged at any time during the currency of any term of engagement, at his own request on “compassionate grounds”, which refer to medical grounds, where the condition is confirmed by a medical certificate. The resignation may also be justifiable on “compassionate grounds” in case of illness of a spouse. The Committee requested the Government to provide information on the application in practice of provisions in the Defence Force Act and other regulations relevant to the resignation of career members of the defence force.

The Committee notes the Government’s indication in its report that the Defence Force Act provides for the voluntary exit for career military personnel. The voluntary exit is a pensionable exit after 15 years of service for soldiers and ten years for officers. If a member opts to leave service on their own accord, a six months’ notice from officers and three months from soldiers must be given. The Government also adds that it is extremely rare for a member to resign unless it is on health grounds which has to be certified by a medical board. It finally indicates that, soldiers can resign after service of seven years and may opt not to continue service, a scenario currently unheard of as no member yet has taken this option. The Committee takes due note of this information.

Article 2(2)(c). 1. Community work. The Committee notes the Government’s indication that provisions are already in place that address community/public work. Persons can be ordered by a Court to perform such work for periods not exceeding eight hours excluding Sunday and public holidays. The Government also indicates that every person ordered by a Court to perform public work who, without reasonable cause fails to perform work lawfully allotted to them, shall be liable to imprisonment for six months and the Court, may under its discretion, revoke the order to perform public work. The Committee requests the Government to provide a copy of the provisions regulating the community work of convicted persons, and to provide information on the type of work that may be imposed in such a context, as well as the list of bodies authorized to implement community work.

2. Work exacted as a consequence of a conviction in a court of law. In its previous comments, the Committee requested the Government to provide a copy of the revised Prisons Act as soon as it is adopted, and in the meantime to provide a copy of sections 75 and 76 of the Prisons Act (Cap. 9:02) concerning the work of prisoners.

The Committee notes the Government’s reference to sections 75 and 76 of the Prison Act (Cap. 9:02). It notes that convicted persons may be asked to work within or without the premises of the prison, and in any employment that may be approved by the Minister. The Committee notes however, an absence of information with regard to the adoption of the revised Prison Act. The Committee requests the Government to indicate whether the revision of the Prison Act is currently ongoing, and to provide a copy of the new Act as soon as it is adopted. The Committee also requests the Government to indicate whether, and under what conditions, convicted persons may be required to perform work for private companies or associations.

Article 2(2)(e). Minor communal services. In its previous comments, the Committee requested the Government to provide information on the adoption of any provisions or regulations addressing minor communal services. The Committee also requested the Government to describe such work in more detail, indicating, in particular, the types of work performed and their duration, as well as whether individuals refusing to participate in communal services are liable to penalties.

The Committee notes an absence of information on this point in the Government report. The Committee therefore once again, requests the Government to provide, in its next report, updated information on the adoption of any provisions or regulations addressing minor communal services. The Committee also requests the Government to describe such work in more detail, indicating, in particular, the types of work performed and its duration, as well as whether individuals refusing to participate in communal services are liable to penalties.