Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

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

Article 1(1)(b) of the Convention. Discrimination based on additional grounds. HIV status. In its previous comments, the Committee asked the Government to provide information on: (1) 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; and (2) 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. The Committee notes that in its report the Government informs that the Department of Human Resource Management and Development (DHRMD) has not received any queries on discrimination on the ground of HIV status. The Committee notes that, despite impressive progress the country has made in controlling its HIV epidemic in the last decade, Malawi still has one of the highest HIV prevalence rates and that HIV affects women disproportionately. According to the Joint United Nations Programme on HIV/AIDS (UNAIDS) country factsheet on Malawi, in 2020 the HIV prevalence rate in the adult population (15-49 years old) was estimated at 8.1 per cent (10.9 per cent for women). The Committee asks the Government to step up its efforts to raise awareness about the HIV and AIDS (Prevention and Management) Act of 2018 among workers and employers and their respective organizations, law enforcement officials as well as the public in general. It also asks the Government to provide information on any cases of discrimination based on real or perceived HIV status dealt with by the labour inspection services or the courts.

Article 2. National equality policy. Promoting equality and inclusiveness in the public service. In its previous observation, the Committee asked the Government: (1) to take the necessary steps to implement the strategy on equality and diversity in the Public Service Management Policy, and particularly to adopt legislative, executive and administrative measures to that end; (2) to effectively promote equal opportunities and treatment for all, at all levels in the public service, through training and awareness-raising; and (3) to provide specific information on the results achieved through this policy with respect to the employment of women, persons with disabilities and persons from vulnerable or marginalized groups, and to report any obstacles encountered. The Committee notes the Government’s indication that the DHRMD has carried out training activities on gender equality and facilitates the establishment of gender focal points in all ministries, departments and agencies. The Government also informs that relevant legislation, such as the Public Service Act, is being reviewed in light of the Gender Equality Act (GEA) in collaboration with the national Human Rights Commission. The Committee asks the Government to provide information on the outcome of the review of the relevant legislation on the public sector with a view to enhancing equality of opportunity and treatment in employment and the actions taken in this respect. In the absence of a response to its earlier request, the Committee also asks the Government to provide information on the steps taken to implement the strategy on equality and diversity in the Public Service Management Policy, including: (i) legislative, executive and administrative measures to promote equal opportunities and treatment for all at all levels in the public service; and (ii) on the results achieved, particularly as regards the employment of women, persons with disabilities and persons from vulnerable or marginalized groups.

Promoting gender equality. National Gender Policy of 2015 and Gender Equality Act of 2013. In its previous observation, the Committee asked the Government to: (1) continue disseminating information to raise awareness of the GEA and to intensify its efforts in this regard among workers, employers and their organizations; (2) take steps to adopt the rules and regulations pursuant to the GEA and to review the provisions on gender equality in other legislation in light of the GEA; (3) provide information on the Implementing and Monitoring Plan for the GEA and any measure adopted to promote equal employment opportunities and benefits for women and men, in both the formal and informal economy, pursuant to the National Gender Policy. The Committee notes the Government’s reference to legal awareness workshops that are regularly conducted by the Ministry of Gender, the Malawi Law Commission, the Malawi Human Rights Commission and various civil society organizations, and involve judicial officers, lawyers and law enforcement officials. The Committee also notes from the Government’s report under the national-level review of implementation of the Beijing Declaration and Platform for Action, 1995 (Beijing +25 national report) that it considers that there is a need to promote work-family conciliation, including through the State’s support for childcare. While noting this information, the Committee asks the Government to provide information on the results achieved under the National Gender Equality Policy with regard to the advancement of equality of opportunity and treatment for women in employment and occupation. It encourages the Government to consider undertaking an evaluation exercise, in collaboration with the social partners, with a view to identifying the progress made, the obstacles encountered and the adjustments required in order to achieve the objectives of the Convention. The Committee also reiterates its request for information on the implementation of the Gender Equality Act, including the adoption of relevant regulations and the review of the provisions on gender equality in other pieces of legislation. The Committee also asks the Government to continue to provide information on awareness-raising campaigns conducted on the principles of the Convention and the provisions of the Gender Equality Act, including information on the campaigns benefiting the organizations of workers and employers or being organized in collaboration with them. The Committee also encourages the Government to adopt measures aimed at promoting the reconciliation of work and family responsibilities and to provide information in this respect.

Articles 2 and 5. Gender Equality. Public Service. Affirmative action. The Committee recalls that pursuant to section 11 of the 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. In that regard, the Government had indicated 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 also recalls that in its previous comments, it asked the Government: (1) 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; (2) to indicate the follow-up given to the recommendations on gender equality made jointly by the Parliamentary Appointments Committee (PAC) and the Public Service Commission (PSC); and (3) 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. The Committee notes the Government’s indication that it conducted leadership development sessions for officers at Grades I to G with a view to building women’s capacity for decision-making positions. Moreover, government recruitment agencies continue to encourage women and girls to apply for jobs which are traditionally performed by men and boys. Nevertheless, the Government notes that the presence of women in decision-making positions remains limited, although there has been an increase in the number of women in the Parliament and in local government authorities, compared to 2014. Concerning the public sector more generally, according to 2019 statistics, women accounted for 33 per cent of the positions at the head of public service level, and 8 per cent at the deputy head level. The Committee asks the Government to continue to provide information on the measures adopted to promote women’s access to senior positions and a broader range of jobs in the public sector, the obstacles encountered and the results achieved. Please also indicate whether any steps have been taken to review the exceptions granted under section 11(2) of the Gender Equality Act.

Promoting equal access to education and vocational training for girls and boys and for women and men. Affirmative action. In its previous comments, the Committee asked the Government: (1) to take action to meet the enrolment quota provided for in section 16 of the GEA and to review 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 – in order to cover students of both sexes; (2) to continue its efforts to enrol girls at school and to ensure that they continue in education and to enable their return to school; (3) 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. The Committee notes the Government’s information on the financial support provided to poor and disadvantaged female students in secondary school as well as the construction of girls’ hostels to facilitate girls’ school attendance. The Government also refers to the implementation of the Re-Admission Policy that allows pregnant students to return to school after giving birth. Furthermore, the Government states that the National Council for Higher Education (NCHE), when selecting students for various public universities, utilize affirmative action to ensure that the number of women with university education increases. In addition, the Committee notes from the Government’s report to the United Nations Universal Periodic Review that under the National Strategy for Adolescent Girls and Young Women (2018-2022) measures are envisaged to promote girls’ access to education, including by tackling child marriage (A/HRC/WG.6/36/MWI/1, 3 March 2020, paragraph 33). Welcoming the measures implemented by the Government, the Committee asks it to continue to provide information on the steps taken to promote girls’ enrolment, attendance and retention in school and facilitate their return where they drop-out, and the results achieved. The Committee also asks the Government to provide information on the measures adopted 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. The Committee also again asks the Government to review section 18(1)(c) of the Gender Equality Act and provide information on the steps taken in this respect.

Articles 2 and 3. Equality of opportunity and treatment irrespective of social origin. Rural workers. The Committee notes from the Government’s report to the African Commission on Human and Peoples’ Rights (ACHPR) that the Land Act and the Customary Land Act were passed in 2016 with a view to promoting the registration of land, including customary land. It also notes that the Customary Land Act provides for the establishment of Land Committees that are responsible for the management of all customary land in a Traditional Land Management Area. The committees are comprised of a Group Village Headman who shall be the chairperson and six other persons elected by and from within the community, at least three of whom shall be women (section 5). The Committee welcomes these initiatives and recalls that promoting and ensuring access without discrimination to material goods and services required to carry out an occupation, such as access to land, credit and resources, should be part of the objectives of a national policy on equality under Article 2 of the Convention (2012 General Survey on the fundamental Conventions, paragraph 756). The Committee asks the Government to provide information on the application of the Land Act and the Customary Land Act, and their impact on promoting equality of opportunity and treatment in occupation for men and women rural workers. The Committee also asks the Government to provide information on the other measures taken or envisaged to promote the principle of the Convention in rural areas, including measures designed to promote access without discrimination to relevant skills development, market facilities and productive resources and inputs, including technology and financial services, and access to information, facilities and technical assistance, as appropriate.

Enforcement. Previously, the Committee asked the Government: (1) 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; and (2) 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 in the Convention (race, colour, sex, political opinion, religion, national extraction and social origin). The Committee notes the Government’s indication that the Human Rights Commission addressed a number of cases concerning the application of the GEA in 2019 of which the majority (55.6 per cent) were filed by men and some were lodged on behalf of women. The Government confirms that the interplay between cultural, economic and social determinants plays a major role in the fulfilment of human rights, particularly due to the fact that women depend on their male relatives (for example uncles, husbands, and even sons) to access the formal justice system. Noting this information, the Committee encourages the Government to take action to facilitate women’s access to enforcement mechanisms and to continue to provide information on cases of discrimination in employment and occupation addressed by labour inspection services, the courts, or the Human Rights Commission. The Committee also asks the Government to indicate which measures, including training and capacity-building, have been adopted to enhance the capacity of enforcement officials and magistrates to identity and address violations of the principle of equality of opportunity and treatment in employment and occupation in respect of all grounds of discrimination enumerated in Article 1(1)(a) of the Convention.

Statistics. The Committee notes the statistical information provided by the Government on the distribution of men and women in various sectors and occupations and refers to its comments under the Equal Remuneration Convention, 1951 (No. 100).

[The Government is asked to supply full particulars to the Conference at its 110th Session and to reply in full to the present comments in 2022.]