Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Malawi (Ratification: 1999)

Article 5 of the Convention. Monitoring mechanisms. Child labour monitoring system. In its previous comments, the Committee requested the Government to develop and improve the Child Labour Monitoring System (CLMS) system in order to monitor the implementation of the provisions giving effect to the Convention.

The Committee notes the Government’s indication in its report that the CLMS has been developed and piloted in the two districts of Kasungu and Mulanje and will be soon rolled out to all the districts. The Committee also notes from the information provided by the Government in its report under the Minimum Age Convention, 1973 (No. 138), that efforts to strengthen the inspection system in the agricultural sector and other sectors are ongoing. Thirty labour inspectors from the 28 district labour offices were provided training to strengthen their functioning and skills on labour inspection. The Committee requests the Government to continue to enhance and strengthen the labour inspection system in all sectors and to provide detailed statistical information on the scope and nature of violations reported concerning children and young persons involved in the worst forms of child labour. It also requests the Government to provide information regarding the establishment of CLMS in additional districts in the country as well as on the measures taken by the CLMS to combat the worst forms of child labour.

Article 6. Programmes of action. The Committee notes the information from the United Nations Office on Drugs and Crimes that Malawi launched its National Plan of Action against Trafficking in persons (NPA TIP) under the theme “Accelerating Sustainable Partnership: A Key to Malawi Action against Trafficking in Persons”. The objectives of the NAPTIP include: prevention of trafficking in persons; provide support and social protection to victims of trafficking; and strengthen detection, investigation, and prosecution of trafficking offences. The Committee requests the Government to provide information on the concrete measures taken to implement the objectives of the NAPTIP 2019–22, as well as its impact on preventing and combating the trafficking of children under 18 years of age, including the number of children prevented or withdrawn from sale and trafficking and provided with rehabilitative assistance.

Article 7(2). Effective and time-bound measures. Clause (d). Identifying children at special risk. Child orphans of HIV/AIDS and other vulnerable children (OVCs). The Committee previously noted that according to the 2012 Global AIDS Response Progress Report, overall, 17 per cent of children aged below 18 years in Malawi are either orphans and/or vulnerable. This report also indicated that a number of initiatives that target OVCs in Malawi, were ongoing, including the establishment of community-based childcare centres, the establishment of childcare institutions, and a social cash transfer programme. The Committee urged the Government to redouble its efforts to ensure that orphans and vulnerable children are prevented from being engaged in the worst forms of child labour.

The Committee notes the Government’s information that the Orphans and Vulnerable Children Policy and Action Plan has been developed to help and support the OVCs through a holistic approach by involving many stakeholders. Moreover, the review of the National Action Plan on Child Labour will also address the issues relating to OVCs. The Government further refers to other initiatives such as the Village savings and loans and Education bursaries that target vulnerable children and their families. The HIV/AIDS workplace policy which aims at protecting workers and children affected by HIV/AIDS is being developed. The Committee, however, notes that according to the UNAIDS estimates of 2017, in Malawi approximately 350,000 children under the age of 17 years are orphaned due to HIV/AIDS. Recalling that OVCs are at a greater risk of being involved in the worst forms of child labour, the Committee asks the Government to strengthen its efforts to protect child victims and orphans of HIV/AIDS from the worst forms of child labour. It requests the Government to provide information on the impact of the various initiatives undertaken by the Government, such as the Orphans and Vulnerable Children Policy and Action Plan, Village savings and loans, Social Cash transfer programme and other education bursaries, and HIV/AIDS workplace policy, including the number of OVCs who have been reached through such initiatives.

Street children. Following its previous comments, the Committee notes the Government’s information that the Ministry of Gender, Children, Disability and Social welfare, as well as several NGOs and civil society organizations are working towards assisting street children, withdrawing them from the streets and providing them with access to school and other alternatives for older children. The Orphans and Vulnerable Children Policy and Action Plan also address the situation of street children. Moreover, rehabilitation centres and Community Technical Colleges, supported by the Technical Vocational and Entrepreneurial Training Authority (TEVETA), are being established for rehabilitating and providing skills to street children. The Committee strongly encourages the Government to pursue its efforts and requests it to provide information on the number of children in street situations who have been protected or withdrawn from the worst forms of child labour and rehabilitated and socially reintegrated as part of the various measures taken to this end. The Committee also requests the Government to indicate any other effective and time-bound measures taken to withdraw and prevent children living in the streets from engaging in the worst forms of child labour and to provide for their rehabilitation and social reintegration.