Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

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, including the International Trade Union Confederation (ITUC). The Government stated that it had taken a position to abolish the tenancy system itself and consultations would soon start in this respect. The Government also indicated 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 stated that stakeholders and social partners were of the view of revising the Employment Act to include the tenancy farming, and that it would keep the Committee updated accordingly in this regard.

The Committee notes the Government’s information in its report that, in order to abolish the tenancy system, consultations have been held. As a result, the Employment (Amendment) Bill has been drafted and submitted to relevant authorities for adoption. The Government indicates that, once adopted, a copy of the amended provisions will be submitted to the Committee. The Committee urges the Government to ensure that the Employment (Amendment) Bill will be adopted, 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 Bill once adopted.

2. Trafficking in persons. The Committee previously noted the adoption of the Trafficking in Persons Act in 2015. 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). 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. The Committee also noted that the Act provides for the establishment of a National Coordination Committee against Trafficking in Persons. Moreover, 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 notes the Government’s information on the application of the Trafficking in Persons Act in practice. In 2017, 121 victims of trafficking were rescued and 42 suspects were arrested, while in 2016, 168 victims of trafficking were rescued and 30 suspects were arrested. The Government indicates that victim support units are established in various police stations across the country, which provide temporary shelter to victims of trafficking prior to and during court hearings. Upon the conclusion of the cases, victims are escorted back home by the police in collaboration with civil society organizations (CSOs). CSOs also provide assistance to victims, including accommodation, transport and various counselling services. The Government further indicates difficulties encountered regarding cross-border trafficking, particularly in relation to collaboration with other countries. The Committee requests the Government to continue its efforts to prevent and combat trafficking in persons, and to provide information on the application in practice of the Trafficking in Persons Act, 2015, including the number of investigations, prosecutions and convictions, as well as specific penalties imposed. The Committee also requests the Government to provide information on the activities of the National Coordination Committee against Trafficking in Persons, as well as on the measures taken to provide assistance to victims of trafficking.

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