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

Equal Remuneration Convention, 1951 (No. 100) - Malawi (Ratification: 1965)

Articles 1 to 4 of the Convention. Assessing the gender pay gap and its underlying causes. Statistics. In its previous comments, the Committee asked the Government to create the necessary conditions for the collection and processing of data on the earnings of men and women in the public and private sectors, including in the agricultural sector, and send such statistical data once available. It also asked the Government to provide information on any regulations for “the collection of data on incidences and causes of discrimination on account of gender for the purposes of policy reform and programming” issued under section 23(1)(d) of the Gender Equality Act (GEA) of 2013 and on their implementation, or other action taken to collect and analyse, in the framework of the GEA, any statistical data on the nature, extent and causes of inequalities in remuneration between men and women. The Committee notes that in its report the Government indicates that statistics for the private sector are not readily available. The Committee hopes that the Government will be in a position to provide statistical data on the earnings of men and women in the public and private sectors with its next report and asks for information on the measures taken to implement section 23(1)(d) of the Gender Equality Act with regard to the collection and analysis of data on inequalities in remuneration between men and women and their outcome. It reminds the Government that it may avail itself of technical assistance from the Office.

Occupational gender segregation. Previously, the Committee asked the Government to continue to: (1) take initiatives, such as increased training opportunities, to promote the access of women to higher level positions and promote gender equality throughout the public service at all levels and in all occupations; and (2) provide statistics on the representation of women in decision making positions (grades A to F). The Committee notes the Government’s indication that training opportunities are continuously provided to civil servants. The Committee also notes that in 2019, according to the statistics provided by the Government, 25 per cent of women held decision-making positions in the public service (grades A to F) while 37 per cent of women were employed in non-decision-making positions. The Committee notes the Government’s statement that the number of women employed in the public service is lower than the ideal. In this regard, the Government indicates that, through the Department of Human Resources Management and Development, it encourages applications from women in the job advertisements. Concerning the distribution of men and women in the various economic sectors, the Committee notes, from the 2018 statistics concerning the female population aged 15–64, that women are mainly engaged in agriculture, forestry and fishing, accommodation and food service activities, and education. Recalling from its previous comments that men have higher educational and professional qualifications than women, the Committee emphasizes the importance of taking measures to promote women’s and girls’ access to education and training opportunities and refers to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Committee asks the Government to: (i) continue to provide statistics on the distribution of women and men in the different positions and occupations in the public and private sectors; and (ii) provide information on the measures specifically adopted to promote women’s access to a broader range of occupations and sectors of activity as well as to decision-making and managerial positions, and their results.

Articles 2 and 3. Objective job evaluation. Pay structure. Public Service. Noting the lack of a harmonized pay structure in the public service, the Committee expressed the view, in its previous comments, that a harmonized pay structure in the public service would help close the gender pay gap as women often tend to be employed in lower-paying agencies, jobs or occupations and to have a limited access to additional benefits related to employment. It thus asked the Government to provide information on the implementation of the Malawi Public Service Management Policy 2018–22 with respect to equal remuneration for men and women public servants for work of equal value, including specific information on the process of harmonization of the pay structure across the public and the results achieved. The Committee notes the Government’s indication that the Department of Human Resource Management and Development (DHRMD) prepared a Bill providing for the establishment of a National Remuneration Commission that is to ensure the harmonization of conditions of service and the pay structure across the public service and review them every five years. The Government indicates that the Bill has since stalled and the DHRMD is currently working with the Ministry of Justice to ensure that the Bill can be presented and debated in Parliament soon. The Committee asks the Government to provide information on any developments concerning the establishment of the National Remuneration Commission and the harmonization of the pay structure in the public service.

Private sector. Recalling that the Employment Act of 2000 provides for equal remuneration for work of equal value without any discrimination, in particular based on sex, and noting the lack of information in this respect regarding the private sector, the Committee asked the Government, in its previous comments, to provide specific information on the steps taken to promote the application in practice of this principle specifically in the private sector and the use of objective job evaluation methods. The Committee notes the Government’s undertaking that it will engage the Employers Consultative Association (ECAM) to promote the application of the principle of the Convention in the private sector. The Committee asks the Government to provide information on any progress made in promoting the principle of the Convention in the private sector in collaboration with the Employers Consultative Association, including information on any activity specifically undertaken to promote the use of objective job evaluation methods.

Enforcement and awareness-raising. Noting the absence of specific information on the points raised in its previous comments, the Committee again asks the Government: (i) to focus its efforts of training and awareness-raising for employers and workers as well as the competent authorities, including judges, labour inspectors and other public officials, more specifically on the principle of equal remuneration for work of equal value; (ii) to ensure that access to appropriate procedures and remedies is effective; and (iii) to provide information on any cases of violation reported to, or detected by, the labour inspectors, and any related judicial decisions regarding the equal pay provisions in the Employment Act (section 6(1)), as well as any cases addressed by the Human Rights Commission (MHRC) regarding discrimination based on sex with respect to remuneration.