Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Malawi (Ratification: 1965)

The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1(1)(b) of the Convention. Discrimination based on additional grounds. HIV Status. The Committee notes with interest the adoption of provisions in the HIV and AIDS (Prevention and Management) Act (No. 9 of 2018) which prohibit the following: discrimination on a basis related to HIV or AIDS (section 6(1)); pre-recruitment testing (section 26); termination of employment on the grounds of HIV or AIDS (section 27(1)); discrimination against an employee on the ground that he or she is perceived to be or is living with HIV (section 28(1)); and discrimination in education and training institutions (section 35(1)). The Committee asks the Government to provide information on the implementation of the HIV and AIDS (Prevention and Management) Act of 2018 in practice, including on any cases of discrimination based on HIV status dealt with by the labour inspection services or the courts. The Committee also asks the Government to provide information on the measures taken to raise awareness of the anti-discrimination provisions of the Act among workers, employers and their organizations as well as the public in general.

Articles 2 and 5. Gender Equality. Public Service. Affirmative action. The Committee notes that, according to the Malawi Public Service Management Policy (2018–2022), gender disparities exist in the public service as evidenced by few women in management and leadership positions in ministries, departments and agencies and local authorities. It further notes that under section 11 of the Gender Equality Act (GEA), an appointing or recruiting authority in the public service shall appoint no less than 40 per cent and no more than 60 per cent of either sex in any department in the public service, with some exceptions. The Committee notes the Government’s indication that the implementation of section 11 “may pose some challenges” due to the exceptions in section 11(2) providing for circumstances where the quota may not be applied and the possibility that some people might take advantage of this exception. The Committee welcomes the launching in 2016 of the “Women inclusion in Decision Making Project” with a focus on section 11 of the GEA and the affirmation action advocacy campaigns envisaged by the Department of Human Resources Management and Development (DHRMD). The Government also indicates that further to meetings with members of the Parliamentary Appointments Committee (PAC) and the Public Service Commission (PSC), recommendations were made to take the following measures to achieve gender equality in the public service: ensuring capacity-building using the bottom-up approach; developing the political will to “produce qualified women”; providing more training opportunities for women; having joint meetings with recruiting authorities (PSC, PAC, etc.); amending section 11 of the GEA to remove the exceptions granted, and raising awareness among employers and employees in the public service of the GEA. The Committee asks the Government to provide information on the realization of the enrolment quota provided for in section 11 of the GEA, including in the context of the “Women inclusion in Decision Making Project”, and the results achieved, as well as information on any steps taken to review the exceptions granted under this section. The Committee asks the Government to indicate the follow-up given to the recommendations on gender equality made jointly by the PAC and the PSC. The Committee also asks the Government to provide specific information on the steps taken to promote the access of women to a wider range of jobs in the public service and to more senior level jobs.

Articles 2 and 5. Promoting equal access to education and vocational training for girls/women and boys/men. Affirmative action. The Committee recalls that section 16 of the GEA of 2013 requires active measures to ensure the enrolment at tertiary education institutions of both sexes at a minimum of 40 per cent and a maximum of 60 per cent of students in each case. It further recalls that section 18(1)(e) of the GEA requires measures to ensure that the curricula for all primary and secondary schools introduces subjects that enhance the integration of female students in disciplines that are traditionally male-dominated. The Committee would like to draw the Government’s attention to section 18(1)(c) which requires that the “special needs of female students by incorporating life skills, including sex education” in the curricula be addressed. The Committee is of the view that the special needs of students of both sexes should be addressed and that the inclusion of “life skills” in the curricula of female students only may reinforce stereotypes regarding girls’ aspirations, preferences and capabilities, and their role and responsibilities in society, thus exacerbating labour market inequalities in the future. Noting the Government’s indication that “access to education still favours boys and men over girls and women due to several factors some of which are social and cultural”, the Committee welcomes the progress made by the Government to address some of these factors, by, for example, encouraging young girls that have dropped out of school due to pregnancy to go back to school and continue with their education. The Committee asks the Government to take action to meet the enrolment quota provided for in section 16 of the GEA and to review section 18(1)(c) in order to cover students of both sexes. The Committee also asks the Government to continue its efforts to enrol girls at school and to ensure that they continue in education and to enable their return to school. The Committee also asks that the Government continue to take steps to encourage girls and women to take subjects that lead to a wide range of jobs traditionally occupied by boys and men and to high-level jobs and those with career prospects, including through vocational guidance and increased sensitization of all students to gender stereotypes and bias.

General Observation of 2018. The Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Enforcement. The Committee notes the Government’s statement that the challenge to be addressed in terms of enforcement is the absence of procedures on the way in which the courts should be conducting proceedings under the Gender Equality Act (GEA) of 2013. The Government also emphasizes that reporting of gender-related cases is still minimal, due to a lack of awareness of the law and the fear of victims in relation to the reporting of such cases. The Committee asks the Government to provide information on any rules adopted regarding the proceedings under the GEA as well as the number, nature, and outcome of any complaints dealt with by the labour inspection services, the courts, or the Human Rights Commission, pursuant to the Act. The Committee also asks the Government to continue to provide information on the steps taken to encourage reporting of discrimination cases and to provide training to enforcement officials and magistrates regarding the meaning and implications of the principle of equality of opportunity and treatment in employment and occupation with respect to all the grounds enumerated by the Convention (race, colour, sex, political opinion, religion, national extraction and social origin).

Statistics. With respect to the limited availability of sex-disaggregated data and statistics on employment and education, the Committee asks once again the Government to provide information on any regulations issued on data collection pursuant to the GEA, and on their implementation, or on other initiatives taken to collect, analyse and publish statistical data, disaggregated by sex, regarding participation in education, vocational training and at the various levels in the different sectors and occupations, in the public sector (including in decision-making positions – grades A–F) and in the private sector, including in the informal economy, if possible. The Government is asked to provide the data collected in this regard.