Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

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. The Committee notes that in its report the Government informs about training on the HIV and AIDS (Prevention and Management) Act of 2018 for labour inspectors. It also notes that while the Public Service Act (PSA) and the Malawi Public Service Regulations (MPSR) are still under legal review, the Government directed all Ministries, Departments and Agencies to commit 2 per cent of their annual budgets on HIV and AIDS. Concerning cases dealt with by the labour inspectors and the courts, the Committee notes that there are no disaggregated data based on real or perceived HIV status, but the Government hopes to develop a system to capture this information. The Committee asks the Government:

• (i)to continue its efforts to raise awareness about the HIV and AIDS (Prevention and Management) Act of 2018and to provide information in this regard;
• (ii)to provide information on the activities directed at addressing discrimination and promoting equality of opportunity and treatment in employment and occupation irrespective of real or perceived HIV/AIDS status that are funded by Ministries, Departments and Agencies with the 2 per cent of their annual budgets; and
• (iii)to inform on the results of the review of the Public Service Act and the Malawi Public Service Regulations in so far as the application of the principles of the Convention is concerned.

The Committee also encourages the Government to develop a system to collect disaggregated information on the cases addressed by the labour inspectors and the courts on discrimination on all the grounds prohibited by the legislation, and in particular on the ground of real or perceived HIV/AIDS status and recalls that the Government can avail itself of the technical assistance of the ILO in this regard.

Article 2. National equality policy. Promoting equality and inclusiveness in the public service. The Committee notes the Government’s indication that: (1) the review of relevant legislation in light of the Gender Equality Act (GEA) is still ongoing; (2) concerning the implementation of the Public Service Management Policy, the Government indicates that it encourages the recruitment of women to comply with the 60/40 ratio set out in section 11 of the GEA, (which provides that 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, with some exceptions); and (3) it also encourages compliance with the Disability Act through sensitization activities both in the public and private sectors. The Committee notes that, according to the gender audit reports for 2020/2021, 25 per cent of the employees in the public sector were women. The Committee asks the Government to provide information:

• (i)on the outcome of the review of the relevant legislation on the public sector and the interventions taken as a result; and
• (ii)on its efforts to promote equality of opportunity and treatment in the public sector under the strategy on equality and diversity in the Public Service Management Policy and the results achieved, including as regards the implementation of the 60/40 ratio set out in the Gender Equality Act.

It also reiterates its request for information on any step undertaken to review the exceptions granted under section 11(2) of the Gender Equality Act, which provides for circumstances where the quota of no less than 40 per cent and no more than 60 per cent of either sex in any department in the public service may not be applied, and their impacts on the implementation of the quotas in practice.

Promoting gender equality. National Gender Policy of 2015 and Gender Equality Act of 2013. The Committee notes the Government’s indication that more women are appointed to leadership positions. The Government refers to the analysis carried out by the Gender Coordinating Network, a non-governmental organization, according to which in the 2020 Cabinet, women represented 40 per cent of Cabinet members; 33 per cent of Ministers; and 66 per cent of deputy ministers. The Government also informs that it has developed an online platform, “Profiling Women”, with a view to providing qualified women from various sectors with a space to share their profiles to attract job opportunities. The Government also indicates that it has continued to undertake awareness-raising on the Gender Equality Act. Concerning the reconciliation of work and family responsibilities, the Committee notes the Government’s reference to the Employment Amendment Act of 2021, which provides for: flexible or shorter working hours without reduction in pay or benefits for pregnant and breast-feeding women; and breastfeeding breaks at work for a minimum period of six months from the birth of the child. Noting the information provided by the Government, the Committee again encourages it to evaluate the implementation of the National Gender Equality Policy to date with a view to identifying the progress made, the obstacles encountered, and the adjustments required in order to advance further on the promotion of gender equality in employment and occupation. The Committee also asks the Government:

• (i)to continue providing information on awareness-raising campaigns conducted on the principles of the Convention and the provisions of the Gender Equality Act; and
• (ii)to provide information on the implementation of the Employment Amendment Act of 2021 and on any other measure aimed at promoting the reconciliation of work and family responsibilities, including measures designed to promote a fairer distribution of family responsibilities between men and women.

Articles 2 and 5. Gender Equality. Public Service. Affirmative action. The Committee notes the Government’s indication that it has promoted women’s access to high-level positions as well as the examples it provides to illustrate the progress made. For example, six of the nine sections of the Ministry of Gender, Community Development and Social Welfare are headed by women, as well as the Anti-Corruption Bureau (ACB), Ombudsperson, Law Commission, Malawi Human Rights Commission, Fair Competition and Trading Commission (FCTC) and Malawi Police Service. The Committee asks the Government to continue to provide information on the progress achieved as well as on the measures adopted to promote women’s access to senior positions and a broader range of jobs in the public sector, including an assessment of the obstacles encountered and the results achieved.

Promoting equal access to education and vocational training for girls and boys and for women and men. Affirmative action. The Committee notes that the Government is implementing the National Girls’ Education Strategy (2018 – 2023) under which several measures have been adopted to promote girls’ enrolment, attendance and retention in school and facilitate their return where they drop-out, such as the Girls’ Attainment in Basic Literacy and Education Programme; Promoting Girls’ Education Initiative; Promoting Girls´ to take science subjects; Cash Transfers and Bursaries, and the Keep Girls in School program, among others. The Government indicates that, through these programmes, in 2020 735 children affected by child marriage and pregnancy during the COVID-19 pandemic, who withdrew from school, resume their education. The Committee also notes that girls willing to enrol in professional training related to male-dominated trades are supported with bursaries under the Skills for a Vibrate Economy programme funded by the World Bank. In addition, the Technical, Entrepreneurial and Vocational Education and Training Authority (TEVETA) implements programs to provide mentorship and career guidance to female students with the aim of encouraging them to enrol in science-based courses. In that regard, the Committee recalls that section 16 of the Gender Equality Act requires the adoption of 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. The Committee recalls that it has considered that section 18 (1) (c) of the Gender Equality Act - which requires that the Government take active measures to ensure that the curricula for all primary and secondary schools “addresses the special needs of female students by incorporating life skills, including sex education” - should address the special needs of students of both sexes 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. The Committee reiterates its request for information on the steps taken:

• (i)to review section 18(1)(c) of the Gender Equality Act, and
• (ii)to promote girls’ enrolment, attendance and retention in school and facilitate their return when they drop-out, including measures adopted under section 16 of the Gender Equality Act as well as measures directed at promoting girls’ and women’s access to a wide range of educational paths, including those leading to jobs traditionally occupied by boys and men, to high-level jobs and those with career prospects.

Articles 2 and 3. Equality of opportunity and treatment irrespective of social origin. Rural workers. Referring to the application of the Land Act and the Customary Land Act, the Government informs about the inclusion of women in the Customary Land Committees, which are responsible for decision on land management. It also indicates that Land Tribunals at Traditional Authority level, District level and at National level includes both women and men among their members with a view to preventing and tackling discrimination in land matters. Any unfair treatment by the Customary Land Committee can be reported to the Land Tribunal at Traditional Authority level, district or national level or can be reported to other responsible bodies like the Anti-Corruption Bureau and the Malawi Police Service. Regarding access to relevant skills development, the Committee notes the Government’s indication that such training is provided by Technical Colleges and Community Technical Colleges as well as private technical colleges. The Committee asks the Government to continue to provide information on:

• (i)the application in practice of the Land Act and the Customary Land Act, including information on the progress made on the registration of customary land and any complaints filed with competent authorities on the ground of discrimination and their outcomes;
• (ii)the type of training offered by the training centres in rural areas and any assessment of training needs by rural workers undertaken; and
• (iii)the measures taken to promote access without discrimination to market facilities and productive resources and inputs, including technology and financial services, and access to information, facilities and technical assistance, as appropriate.

Enforcement. The Committee again encourages the Government to take action to facilitate women’s access to enforcement mechanisms and asks it:

• (i)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; and
• (ii)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.