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

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

Article 5 of the Convention. Monitoring mechanisms. Child labour monitoring system. Following its previous comments, the Committee notes the Government’s information, in its report, that the Child Labour Monitoring System (CLMS) was piloted in some districts, but that the process stalled and that the Ministry of Labour is currently working with the ILO to revive the process and make the system operational country wide. The Committee requests the Government to continue to enhance and strengthen the labour inspection system in all sectors in order to provide detailed statistical information on the number and nature of violations reported concerning children and young persons involved in the worst forms of child labour. In this regard, it requests the Government to continue providing information regarding the establishment and operationalization of the CLMS, as well as on the measures taken by the CLMS to combat the worst forms of child labour.

Articles 5, 6 and 7(2)(a) and (b). Monitoring mechanisms, programmes of action and effective and time-bound measures to provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour. National Plan of Action against Trafficking in Persons (NPA TIP) 2017–22. Regarding its previous request to provide information on the results achieved by the implementation of the NPA TIP in terms of strengthening of law enforcement, prevention and support to victims, the Committee notes that the Government provides some information in its report under the Forced Labour Convention, 1931 (No. 29). The Government indicates that the National Coordination Committee (NCC) undertook a number of activities, including building the capacity of law enforcement officers in order for them to professionally discharge their duties, as outlined by the Trafficking in Persons Act, 2015; developing a communication strategy to raise awareness on trafficking in persons and monitoring the conditions of the shelters where trafficking victims are placed in Lilongwe, Zomba, Mchinji and Blantyre. In addition, Technical Working Groups on trafficking in persons have been established in eight districts to coordinate activities related to trafficking at district and local levels. The Committee requests the Government to continue providing information on the measures taken to combat trafficking, particularly by building the capacity of law enforcement officers, preventing child trafficking, and providing for appropriate services and assistance to child victims of trafficking, and on the results achieved. It also requests the Government to indicate whether it intends to renew the NPA TIP or adopt a new plan of action on trafficking, and on the progress achieved in this regard.

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). Following its previous comments, the Committee notes the Government’s information that it has scaled up social protection programmes, including social cash transfers, as well as village savings and loans, which now cover more families. The Committee further notes that one of the main objectives of the National Plan of Action against Child Labour (NPA) 2020–25 is to mitigate the impact of chronic illnesses and HIV and AIDS in inducing child labour. In this regard, several activities are planned, including raising awareness about HIV/AIDS; establishing a referral system on HIV for children identified and at risk of child labour; linking families affected by HIV to social protection mechanisms; and training households affected by HIV on nutrition and healthy living.

The Committee notes, however, that, since it last took note of the estimated 350,000 children under the age of 17 years orphaned due to HIV/AIDS in 2017, this number has reached an estimated 540,000 in 2021, according to the latest statistics from UNAIDS. Noting with concern the increase in the number of OVCs who have been orphaned due to HIV/AIDS, the Committee recalls that OVCs are at greater risk of being involved in the worst forms of child labour. While noting the various measures taken by the Government, the Committee once again requests 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, including through the implementation of the NPA 2020-25, in particular in terms of the number of OVCs who have been reached through such initiatives.

Street children. Following its previous comments, the Committee notes the Government’s information in its report under the Minimum Age Convention, 1973 (No. 138), that the Ministry of Gender, Children, Disability and Social Welfare, continues to undertake a number of initiatives, in particular measures to remove children begging on the street and reunite them with their parents or guardians or place them under the appropriate care of Government or NGOs.

While taking due note of this information, the Committee observes that the document of the NPA 2020-25 refers to a 2015 study that reveals that there were 2,389 and 1,776 children in street situations in the cities of Lilongwea and Blantyre alone, and that the total number of street children in the country is much higher. The study revealed that the following factors force children onto the streets in Malawi: (i) poverty; (ii) the desire to support their parents, siblings and others relatives; (iii) family disintegration; and (iv) the experience of violence, neglect and abuse within their households. The Committee therefore observes that taking measures to ensure that children are prevented, and not only withdrawn, from street situations, is critical to ensuring the effective eradication of this issue.

In this regard, one of the objectives of the NPA is to engage in direct action to combat child labour through prevention, withdrawal, rehabilitation and re-integration of children, and activities planned to achieve this objective include the provision of income-generating activities targeting poor families, including child-headed households and the inspection of places, including as domestic homes, to identify child labour cases. Moreover, in the context of the revision of the legal and policy framework intended by the NPA, a review of the inspection form of the labour inspectorate is planned, with a view to including explicitly children on the streets. The Committee strongly encourages the Government to strengthen its efforts to prevent and protect children from street situations, and requests it to provide information on the impact of the measures taken in this regard, including through the NPA 2020–25, in terms of 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.

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

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Tenancy system. The Committee notes with satisfaction that the Employment Act was amended in 2021 to prohibit the land tenancy labour system, which was one of the main causes of leading children to work in hazardous conditions in tobacco plantations. In accordance with the new section 4 of the Employment Act, any person who exacts or imposes forced or tenancy labour on another person or causes or permits another person to perform forced or tenancy labour, commits an offence which is punishable by a fine of five million Kwacha (approximately US$5,000) and imprisonment for five years. The Committee requests the Government to provide information on the application in practice of section 4 of the Employment Act, in particular the number of prosecutions, convictions and penalties applied in relation to children under the age of 18 years.

Articles 3(a) and 7(1). Worst forms of child labour and penalties. Sale and trafficking of children. Following its previous comments, the Committee notes the Government’s indication in its report that its statistics on the application of the Trafficking in Persons Act No. 3 of 2015, which criminalizes and punishes the offences related to trafficking, including of children, are not currently disaggregated by age. The Committee notes that, according to the report of the Government under the Forced Labour Convention, 1930 (No. 29), from January 2020 until August 2022, 55 cases of trafficking were prosecuted, out of which 36 are completed with 27 ending up in convictions and 8 in acquittals. The Government indicates that the cases will be disaggregated by age going forward. The Committee requests the Government to take the necessary measures to ensure that data on the application in practice of the Trafficking in Persons Act is disaggregated by age, in particular with regard to the number and nature of violations reported, investigations, prosecutions, convictions and penal sanctions imposed for the sale and trafficking of children under 18 years of age. It requests the Government to provide this information in its next report.

Article 3(b). Use, procuring or offering of a child for prostitution. In its previous comments, the Committee noted the various provisions of the Penal Code of 1930, as amended by Act No. 9 of 1999, establishing offences related to the procuring or offering of a girl or woman, or the indecent assault of boys under the age of 15 (sections 140 and following). However, the Committee noted that there appeared to be no provision criminalizing the use of a child by a client for prostitution and, furthermore, there were no provisions that protect boys aged 15 to 18 years from the use, procuring or offering for prostitution.

The Committee notes that the Government gives no new information on this issue. Therefore, it appears that these practices are still not explicitly prohibited by law. The Committee considers that the effective prohibition and penalization of the use of all children – both boys and girls – for commercial sexual exploitation, including for use in prostitution, is not only required by Article 3(b) of the Convention, but also an essential component of any strategy undertaken to effectively eradicate this scourge. The Committee therefore once again urges the Government to take the necessary measures to ensure the protection of boys between 15 to 18 years from commercial sexual exploitation, as well as to criminalize clients who use children – either girls or boys – under 18 years of age for prostitution. It also urges the Government to take the necessary measures to ensure that thorough investigations and prosecutions are carried out against persons responsible for such offences and that effective and sufficiently dissuasive penalties are imposed in practice.

Article 7(2)(a) and (b). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and providing assistance for the removal of children from these types of work and for their rehabilitation and social integration. 1. Commercial sexual exploitation of children. Following its previous comments, the Committee notes the Government’s information on the measures taken to prevent both boys and girls under the age of 18 from becoming victims of commercial sexual exploitation, as well as on the measures taken to rehabilitate the victims. Such measures include child participation activities where girls are encouraged to take on leading roles; the creation of a forum for girls to express their views and promote their rights; various educational measures; and interventions to protect children with special attention on the girl child to prevent sexual exploitation and keep them in school. The Government has also put in place Lakeside committees that are protecting children, with much focus on girls under the age of 18, from patronizing lakeside activities which expose them to sexual exploitation through sensitization meetings and campaigns. The Government also indicates that section 23 (2)(c) of the Child Care Protection and Justice Act identifies children in situations of sexual exploitation as situation requiring care and protection. In this regard, the Government provides rehabilitation services to survivors of various abuses, including sexual exploitation. The Government indicates that it has rehabilitated 12,530 children (11,999 girls and 534 boys). Taking due note of the measures taken by the Government, the Committee encourages it to continue its efforts aimed at protecting children – both girls and boys – under 18 years of age against commercial sexual exploitation. It requests the Government to continue providing information on the measures taken to rehabilitate and socially integrate child victims, and on the results achieved.

2. Children engaged in hazardous work in commercial agriculture, particularly tobacco estates. Following its previous comments, the Committee notes the Government’s detailed information on the activities conducted to combat hazardous work in agriculture, in particular tobacco production, in its reports under Conventions No. 138 and No. 182. In particular, the Committee takes due note of the activities implemented and results achieved by the National Smallholder Farmer’s Association of Malawi (NASFAM) under the Achieving Reduction of Child Labour in Support of Education (ARISE) programme, and by the Tobacco Association of Malawi (TAMA) Farmer’s trust. These include: (i) various trainings and awareness-raising campaigns on child labour, including in supply chains, for farmers; (ii) MOUs with tobacco companies which aim to protect children engaging in hazardous work in commercial agriculture, especially in tobacco; (iii) the adoption, dissemination and implementation of a Child Labour Policy by TAMA; and (iv) the implementation of projects (such as the “knowledgeable farmer” project) to promote the use of social dialogue in child labour elimination at the local level. Positive results were achieved, including the mainstreaming of child labour issues and knowledge even at community level and the re-enrolment of children in school.

The Committee notes that the Government continues to work with social and development partners, including the ILO, in protecting children from worst forms of child labour in agriculture. The 2020-24 project to Address Decent Work Deficits in the Tobacco Sector in Malawi (ADDRESS), for example, which is the umbrella for ILO development cooperation projects touching upon the tobacco sector, is being implemented with several partners, including the tripartite constituents and civil society organizations, to ensure that they effectively address decent work deficits in this sector and ensure access to rights. Other projects include Accelerating action for the elimination of child labour in supply chains in Africa (ACCEL), which aims to improve policy, legal and institutional frameworks to address child labour and its root causes in global supply chains by institutionalizing innovative and evidence-based solutions.

Moreover, in the framework of these and other projects, Malawi authorities requested and contributed to the collection of relevant data on the issues concerned to fill existing knowledge gaps and develop appropriate responses. For instance, a qualitative study on the tenancy system, conducted with the support of the ILO in 2020, led to the identification of the key issues and contributed to the national dialogue around the abolition of the land tenancy system by the Government. A quantitative study is also being finalized in collaboration with the National Statistical Office (NSO), to assess the number and characteristics of tenants in tobacco at the national level.

The Committee therefore observes with interest that action is being taken to combat the worst forms of child labour in the agricultural sector, in particular tobacco plantations, through a multi-pronged and tailored approach addressing the root causes of child labour in this sector. The Committee strongly encourages the Government to continue its efforts to protect children from hazardous work in these sectors, in particular in tobacco plantations, through measures taken within the framework of the various ongoing projects and initiatives. It requests the Government to continue to provide concrete information on the number of children who have been prevented or withdrawn from engaging in this type of hazardous work, and then rehabilitated and socially integrated.

The Committee is raising other matters in a request addressed directly to the Government.

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

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.

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

Articles 3 and 7(1) of the Convention. Worst forms of child labour and penalties. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. In its previous comments, the Committee noted that section 179(1) of the Child Care, Protection and Justice Act which establishes penalties for any transaction involving child trafficking applied only to children under 16 years of age. It also noted from the concluding observations of the United Nations Human Rights Committee of 18 June 2012 (CCPR/C/MWI/CO/1, paragraph 15), that a draft anti-trafficking bill was in the process of consideration by the Parliament. The Committee asked the Government to ensure that the anti-trafficking bill would be adopted as soon as possible.

The Committee notes with satisfaction the adoption of the Trafficking in Persons Act No. 3 of 2015 which criminalizes and punishes the offences related to trafficking of children. According to section 15 of the Act, a person who commits an offence of trafficking of a child under the age of 18 years shall be liable to imprisonment for 21 years. “Trafficking in persons” as defined under section 2 of the Act, means recruiting, transporting, transferring, harbouring, receiving or obtaining a person within or beyond the territory of Malawi for the purposes of exploitation, including labour and sexual exploitation. It also notes the Government’s information in its report that several cases of trafficking of children have been dealt with under the new Act and that the perpetrators were prosecuted, and sentenced to imprisonment for 14 to 18 years. The Committee requests the Government to provide specific information on the application in practice of the Trafficking in Persons Act, including in particular, statistics on the number and nature of violations reported, investigations, prosecutions, convictions and penal sanctions imposed for the sale and trafficking of children under 18 years of age.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. In its previous comments, the Committee noted that section 84(1)(d) of the Child Care, Protection and Justice Act No. 22 of 2010 only provides that a social welfare officer who has reasonable grounds to believe that a child is being used for the purposes of prostitution or immoral practices, may remove and temporarily place the child in a place of safety and does not contain any prohibition against the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. It noted the Government’s indication that it would endeavour to include this prohibition in the labour laws which were under review. The Committee expressed its deep concern at the continued lack of regulation to prohibit the commercial sexual exploitation of children.

The Committee notes the Government’s information that the Child Care Protection and Justice Act has been reviewed to set the age of a child at 18 years through the harmonization process by the Law Commission which is still ongoing. It also notes the Government’s statement that the Child Care Protection and Justice Act and the Penal Code have provided benchmarks for the judiciary in dealing with cases regarding prostitution, pornography and sale of children. The Government further indicates that the revision of these legislations are under consideration.

In this regard, the Committee notes that the Penal Code of 1930 as amended by Act No. 9 of 1999 contains provisions which establish penalties for the offences related to: (a) procuration or attempts to procure any girl or women under the age of 21 years to become a prostitute or an inmate of or frequent a brothel, either in Malawi, or elsewhere (section 140); (b) unlawful detention of any woman or girl in any brothel (section 143). Persons committing such offences shall be guilty of a misdemeanour which includes imprisonment for more than three years. Section 155 deals with the indecent assault of boys under 14 years of age which shall be punishable with imprisonment for seven years. However, the Committee observes that there appears to be no provision criminalizing the use of a child by a client for prostitution and, furthermore, there are no provisions that protect boys aged 15 to 18 years from the use, procuring or offering for prostitution. In addition, the Committee observes that there appear to be no provisions prohibiting the use, procuring or offering of children for the production of pornography or for pornographic performances

In this regard, the Committee notes that the United Nations Committee on the Rights of the Child (CRC), in its concluding observations of March 2017 expressed its grave concern at the low rate of reporting and delays in prosecuting the perpetrators of sexual exploitation and the limited access to justice by child victims, particularly of girls (CRC/C/MWI/CO/3-5, paragraph 22(d) and (e)). The Committee therefore urges the Government to take the necessary measures, within the framework of the revision of national legislation, to ensure the protection of boys between 15 to 18 years from commercial sexual exploitation as well as to criminalize clients who use both girls and boys under 18 years of age for prostitution. The Committee also requests the Government to indicate the measures taken or envisaged to ensure that the use, procuring or offering of a child under 18 years for the production of pornography or for pornographic performances is prohibited. It finally requests the Government to take the necessary measures to ensure that effective mechanisms are established to deal with cases concerning the use of children for purposes of commercial sexual exploitation and that thorough investigations and prosecutions are carried out against persons responsible for such offences and that effective and sufficiently dissuasive penalties are imposed in practice.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and providing assistance for the removal of children from these types of work and for their rehabilitation and social integration. Children engaged in hazardous work in commercial agriculture, particularly tobacco estates. In its previous comments, the Committee noted that children were engaged in work that is considered as hazardous, especially in the tobacco and tea estate sector. It noted that in Mzimba, Mulanje and Kasungu, child labour continued to be dominated by the agricultural sector and that children often worked in hazardous conditions without protective gear, and with hazardous equipment such as hoes, ploughs, saws, sickles, panga knives and sprayers.

The Committee notes the Government’s information that Malawi being an agro-based economy with tobacco ranking highest in generating the Gross Domestic Product (GDP), this sector demands much labour throughout its supply chain. Child labour in this sector occur mainly due to the tenancy system, whereby children of the tenants working in tobacco estates engage in child labour, often in hazardous work in the fields. In this regard, the Committee notes the Government’s reference to the ongoing projects on Achieving Reduction of Child Labour in Support of Education (ARISE) and the Child Labour Elimination Actions for Real Change (CLEAR I and II) supported and funded by the Elimination of Child Labour in Tobacco Growing Foundation (ECLT) which enhanced the protection of children from engaging in child labour in tobacco farms and necessitated their withdrawal and rehabilitation. According to the information from the Development Cooperation (DCPR) Final Progress Report (FPR) of the ILO–IPEC, within the framework of the ARISE project, from April 2015 to December 2018, 2101 children (1,027 boys and 1,074 girls) were provided with rehabilitation services; 2,012 children (986 boys and 1,026 girls) were prevented from child labour, 675 children (365 boys and 310 girls) were withdrawn from child labour; and 59 children were protected and had their workplaces improved. It also notes from the DCPR-FPR of the ILO–IPEC of 2016 and 2018 that since 2016, Malawi has been actively implementing the project entitled “Strengthening Social Dialogue in selected Tobacco Growing Countries”. Within this project, several Cooperatives and Associations in the tobacco growing communities have been strengthened and their capacities enhanced to deal with child labour situations; awareness has been created on child labour through public meetings at national, district and community level; training of trainers has been conducted for agricultural cooperatives on the elimination of child labour through social dialogue; and training on child labour has been provided to 33 labour officers and 199 council members from five districts. The Government of Malawi has further embarked on a project on Accelerating Action for the Elimination of Child Labour in Supply Chains in Africa (ACCEL) which focusses on the elimination of child labour in the tea and coffee supply chains. The Committee encourages the Government to continue its efforts to protect children from hazardous work in these sectors, in particular in tobacco plantations, through measures taken within the framework of the various ongoing projects, namely ARISE, CLEAR, Strengthening Social Dialogue in selected Tobacco Growing Countries, and ACCEL. It requests the Government to continue to provide concrete information on the number of children who have been prevented or withdrawn from engaging in this type of hazardous work, and then rehabilitated and socially integrated.

Clause (e). Special situation of girls. Commercial sexual exploitation of children. In its previous comments, the Committee noted that the United Nations Committee on the Elimination of Discrimination Against Women (CEDAW), in its concluding observations had expressed its concern at the extent to which women and girls were involved in sexual exploitation, including prostitution, and the limited statistical data regarding these issues (CEDAW/C/MWI/CO/6, paragraph 24). It therefore urged the Government to strengthen its efforts to prevent girls under the age of 18 from becoming victims of commercial sexual exploitation and to provide information on the concrete measures taken to protect, remove and rehabilitate them.

The Committee notes the Government’s information that the Ministry of Education, in collaboration with other stakeholders, is implementing education programmes to support the girl child and keep them in schools through bursaries and the provision of critical amenities. Programmes like Village Savings and Loans are being implemented in rural areas to empower women and support themselves and startup businesses. The Committee, however, notes that the CRC, in its concluding observations of March 2017 on the Optional Protocol to the Convention on the rights of the child on the sale of children, child prostitution and child pornography expressed its concern at the reports of cases of child sex tourism at the holiday resorts along Lake Malawi (CRC/C/OPSC/MWI/CO/1, paragraph 23). The Committee urges the Government to continue to take effective and time-bound measures to prevent girls under the age of 18 years from becoming victims of commercial sexual exploitation and to remove and rehabilitate victims of this worst form of child labour. It also requests the Government to provide concrete information on the measures taken in this regard, and on the number of these children who have been effectively rehabilitated and socially integrated. To the extent possible, all information provided should be disaggregated by age and gender.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2013.

Repetition

Article 5 of the Convention. Monitoring mechanisms. Child labour monitoring system. The Committee previously noted the establishment of the National Steering Committee (NSC) on child labour and of the Child Labour Monitoring System (CLMS). It noted the Government’s information that the CLMS was under development by the Child Labour Unit of the Ministry of Labour. In this regard, it noted that the development of the CLMS was also one of the stated objectives of the National Action Plan (NAP) on Child Labour for Malawi (2010–16), which the NSC has the overall responsibility for implementing.

The Committee once again urges the Government to take measures, within the framework of the NAP on Child Labour, to develop and improve the CLMS system in order to monitor the implementation of the provisions giving effect to the Convention. It also once again requests the Government to provide information on the implementation of the NAP on Child Labour by the NSC, and on the results achieved, with its next report.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and providing assistance for the removal of children from these types of work and for their rehabilitation and social integration. Trafficking of children. The Committee previously noted the information in the Government’s report to the Committee on the Elimination of Discrimination against Women (CEDAW) of 20 October 2008, that the International Organization for Migration, in collaboration with the Government and NGO partners, was implementing a project in the region to prevent trafficking in persons, to protect victims and provide them with rehabilitative assistance, or with return and reintegration options (CEDAW/C/MWI/6, paragraph 157). The Committee further noted that the Government provided law enforcement, immigration, and social services personnel with basic training in identifying victims of trafficking, and that an inter-ministerial task force on human trafficking, led by the Ministry of Women and Child Development, had begun to draft a national plan of action on trafficking which was not yet complete. It also noted that the NAP for Child Labour aims to include in its outcomes the enforcement of trafficking and migration laws and policies, and the strengthening of the network of agencies dealing with trafficking and migration. It is also indicated in the NAP on Child Labour that child trafficking for labour exploitation within and outside the country is an emerging worst form of child labour, for which reason it will be a prioritized sector of intervention. The Committee once again requests the Government to provide information on the results achieved by the NAP on Child Labour in terms of the number of children who were prevented or withdrawn from sale and trafficking and provided with rehabilitative assistance. It also requests the Government to take measures to ensure that the drafting of the national plan of action on trafficking is completed in the very near future, and to provide information on the progress made in this regard in its next report.

Clause (d). Identifying children at special risk. Children orphaned by HIV/AIDS. The Committee previously noted the information from UNAIDS according to which there were approximately 560,000 orphans in Malawi due to HIV/AIDS. The Committee also noted the Government’s indication, in its United Nations General Assembly Special Session (UNGASS) country report of 31 March 2010, that only 18.5 per cent of orphans and vulnerable children (OVCs) received support through governmental initiatives, and that 81.5 per cent of OVCs received no support at all. In this regard, the Committee noted that the NAP on Child Labour aims to mainstream HIV/AIDS policies into child labour programmes: studies will be conducted on the relationship between child labour and HIV/AIDS; special support will be provided to children from HIV/AIDS-affected households through community-based support structures; and care and treatment will be provided to orphaned children aged 14–17 years who work to support their families.

The Committee notes that the Government provides no information on this question in its report. It notes, however, that, according to the 2012 Global Aids Response Progress Report, orphanhood and vulnerability have not significantly changed since 2004 and, overall, 17 per cent of children aged below 18 years in Malawi are either orphans and/or vulnerable. In this regard, the report indicates that there are a number of initiatives that target OVCs in Malawi, including the establishment of community-based childcare centres, the establishment of childcare institutions, and a social cash transfer programme. Recalling that orphans are at an increased risk of being engaged in the worst forms of child labour, the Committee once again urges the Government to redouble its efforts to ensure that children orphaned by HIV/AIDS are prevented from being engaged in the worst forms of child labour. The Committee once again requests the Government to provide information on the impact of the measures taken within the framework of the NAP on Child Labour in this regard.

Street children. In its previous comments, the Committee noted that the Committee on the Rights of the Child, in its concluding observations of 27 March 2009, expressed its concern at the increasing number of children living on the streets and at the Government’s lack of specific policies and programmes to address the situation (CRC/C/MWI/CO/2, paragraph 68). It observed, however, that the NAP on Child Labour takes into consideration the problem of child labourers on the streets.

Recalling that street children are particularly vulnerable to the worst forms of child labour, the Committee once again requests the Government to indicate the measures taken within the framework of the NAP on Child Labour to remove these children from the street and to provide for their rehabilitation and social reintegration. It once again requests the Government to provide information on the progress made in this regard with its next report.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2013.

Repetition

Articles 3 and 7 of the Convention. Worst forms of child labour and penalties. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. In its previous comments, the Committee noted that section 179(1) of the Child Care, Protection and Justice Act provides that a person who takes part in any transaction involving child trafficking is liable to life imprisonment. The Committee observed, however, that according to section 2(d) of the same Act, a “child” means a person below the age of 16 years. The Committee reminded the Government that by virtue of Article 3(a) of the Convention, member States are required to prohibit the sale and trafficking of all children under 18 years of age.

The Committee notes the Government’s indication that it has taken note of this observation and that this matter will be taken up with the Malawi Law Commission. The Government further indicates that it will provide information on the application in practice of the Child Care, Protection and Justice Act in subsequent reports, since the Act has only recently come into force. The Committee further notes that, according to the concluding observations of the Human Rights Committee of 18 June 2012, in consideration of the reports submitted under the International Covenant on Civil and Political Rights (CCPR/C/MWI/CO/1, paragraph 15), Malawi has drafted an anti-trafficking bill which should be considered by Parliament soon. The Committee accordingly once again urges the Government to take immediate measures to ensure that the Child Care, Protection and Justice Act is amended to extend the prohibition of sale and trafficking to cover all children under the age of 18, as a matter of urgency, and to ensure that the anti-trafficking bill prohibits the sale and trafficking of all children under the age of 18, and is adopted as soon as possible. The Committee also, once again, requests the Government to provide information on the application in practice of this Act, as well as of the anti-trafficking bill once adopted, including in particular, statistics on the number and nature of violations reported, investigations, prosecutions, convictions and penal sanctions imposed.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. In its previous comments, the Committee noted the Government’s statement in its report to the Committee on the Rights of the Child (CRC) of 17 July 2008, that, while there are no data available on the number of children involved in sexual exploitation, including prostitution and pornography, these are recognized problems in the country (CRC/C/MWI/2, paragraph 323). In this regard, it noted that section 87(1)(d) of the Child Care, Protection and Justice Act only provides that a social welfare officer who has reasonable grounds to believe that a child is being used for the purposes of prostitution or immoral practices, may remove and temporarily place the child in a place of safety. The Committee reminded the Government that Article 3(b) of the Convention requires member States to prohibit the use, procuring or offering of a child under 18 years for prostitution, for the production of pornography or for pornographic performances.

The Committee once again notes the Government’s indication that it will endeavour to include the prohibition against the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances, in the labour laws currently under review. The Government also indicates that, meanwhile, the Censorship Board is doing its best to censor pornography. However, the Committee must once again express its deep concern at the continued lack of regulation to prohibit the commercial sexual exploitation of children, and once again draws the Government’s attention to its obligation under Article 1 to take immediate measures to prohibit the worst forms of child labour, as a matter of urgency. The Committee accordingly, once again, urges the Government to take the necessary measures, as a matter of urgency, to ensure the adoption of national legislation prohibiting the use, procuring or offering of both boys and girls under 18 years of age, for the purpose of prostitution, for the production of pornography or for pornographic performances, and to include sufficiently effective and dissuasive sanctions in this legislation. It requests the Government to provide information on the progress made in this regard with its next report.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and providing assistance for the removal of children from these types of work and for their rehabilitation and social integration. Children engaged in hazardous work in commercial agriculture, particularly tobacco estates. In its previous comments, the Committee noted that the CRC, in its concluding observations of 27 March 2009, expressed concern that many children between 15–17 are engaged in work that is considered as hazardous, especially in the tobacco and tea estate sector, which continues to be a major source of child labour (CRC/C/MWI/CO/2, paragraph 66). The Committee noted the Government’s information that labour inspections were undertaken in the tobacco sector, to help withdraw children from this sector, to rehabilitate and then to send them back to school. It further noted that it is indicated in the National Action Plan (NAP) on Child Labour that the agricultural sector, including tobacco plantations and family farms, constitutes one of its sectoral priorities, as it accounts for 53 per cent of child labour in the country.

The Committee notes that, according to the 2011 surveys conducted in Mzimba, Mulanje and Kasungu, child labour continues to be dominated by the agricultural sector. In Mzimba, 36.6 per cent of the interviewed children worked in agriculture; and in Mulanje and Kasungu, 23 per cent and 20.4 per cent of the interviewed children respectively had worked in a plantation, farm or garden. All three surveys reported that these children often worked in hazardous conditions without protective gear, and with hazardous equipment such as hoes, ploughs, saws, sickles, panga knives and sprayers. Expressing its concern at the number of children engaged in hazardous work in agriculture, the Committee once again urges the Government to strengthen its efforts to protect children from hazardous work in this sector, in particular in tobacco plantations, through measures taken within the framework of the NAP on Child Labour. In this regard, it once again requests the Government to provide concrete information on the number of children who have been thus prevented or withdrawn from engaging in this type of hazardous work, and then rehabilitated and socially integrated.

Clause (e). Special situation of girls. The Committee previously noted that, according to the Malawi Child Labour Survey of 2002, all the child victims of commercial sexual exploitation were girls. Half of these girls had lost both of their parents, while 65 per cent of them did not attend school past the second year. The Committee also noted that the Committee on the Elimination of Discrimination Against Women (CEDAW), in its concluding observations of 5 February 2010, expressed concern at the extent to which women and girls are involved in sexual exploitation, including prostitution, and the limited statistical data regarding these issues (CEDAW/C/MWI/CO/6, paragraph 24). It therefore requested the Government to provide information on the measures taken to protect girls under the age of 18 from commercial sexual exploitation.

The Committee once again urges the Government to strengthen its efforts to prevent girls under the age of 18 from becoming victims of commercial sexual exploitation, and to remove and rehabilitate victims of this worst form of child labour, within the framework of the NAP on Child Labour or otherwise. It once again requests the Government to provide information on the concrete measures taken in this regard, as well as information on the impact of these measures, with its next report. To the extent possible, all information provided should be disaggregated by age and sex.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee expects that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes with regret 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 initially made in 2013.

Repetition

Article 5 of the Convention. Monitoring mechanisms. Child labour monitoring system. The Committee previously noted the establishment of the National Steering Committee (NSC) on child labour and of the Child Labour Monitoring System (CLMS). It noted the Government’s information that the CLMS was under development by the Child Labour Unit of the Ministry of Labour. In this regard, it noted that the development of the CLMS was also one of the stated objectives of the National Action Plan (NAP) on Child Labour for Malawi (2010–16), which the NSC has the overall responsibility for implementing.

The Committee once again urges the Government to take measures, within the framework of the NAP on Child Labour, to develop and improve the CLMS system in order to monitor the implementation of the provisions giving effect to the Convention. It also once again requests the Government to provide information on the implementation of the NAP on Child Labour by the NSC, and on the results achieved, with its next report.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and providing assistance for the removal of children from these types of work and for their rehabilitation and social integration. Trafficking of children. The Committee previously noted the information in the Government’s report to the Committee on the Elimination of Discrimination against Women (CEDAW) of 20 October 2008, that the International Organization for Migration, in collaboration with the Government and NGO partners, was implementing a project in the region to prevent trafficking in persons, to protect victims and provide them with rehabilitative assistance, or with return and reintegration options (CEDAW/C/MWI/6, paragraph 157). The Committee further noted that the Government provided law enforcement, immigration, and social services personnel with basic training in identifying victims of trafficking, and that an inter-ministerial task force on human trafficking, led by the Ministry of Women and Child Development, had begun to draft a national plan of action on trafficking which was not yet complete. It also noted that the NAP for Child Labour aims to include in its outcomes the enforcement of trafficking and migration laws and policies, and the strengthening of the network of agencies dealing with trafficking and migration. It is also indicated in the NAP on Child Labour that child trafficking for labour exploitation within and outside the country is an emerging worst form of child labour, for which reason it will be a prioritized sector of intervention. The Committee once again requests the Government to provide information on the results achieved by the NAP on Child Labour in terms of the number of children who were prevented or withdrawn from sale and trafficking and provided with rehabilitative assistance. It also requests the Government to take measures to ensure that the drafting of the national plan of action on trafficking is completed in the very near future, and to provide information on the progress made in this regard in its next report.

Clause (d). Identifying children at special risk. Children orphaned by HIV/AIDS. The Committee previously noted the information from UNAIDS according to which there were approximately 560,000 orphans in Malawi due to HIV/AIDS. The Committee also noted the Government’s indication, in its United Nations General Assembly Special Session (UNGASS) country report of 31 March 2010, that only 18.5 per cent of orphans and vulnerable children (OVCs) received support through governmental initiatives, and that 81.5 per cent of OVCs received no support at all. In this regard, the Committee noted that the NAP on Child Labour aims to mainstream HIV/AIDS policies into child labour programmes: studies will be conducted on the relationship between child labour and HIV/AIDS; special support will be provided to children from HIV/AIDS-affected households through community-based support structures; and care and treatment will be provided to orphaned children aged 14–17 years who work to support their families.

The Committee notes that the Government provides no information on this question in its report. It notes, however, that, according to the 2012 Global Aids Response Progress Report, orphanhood and vulnerability have not significantly changed since 2004 and, overall, 17 per cent of children aged below 18 years in Malawi are either orphans and/or vulnerable. In this regard, the report indicates that there are a number of initiatives that target OVCs in Malawi, including the establishment of community-based childcare centres, the establishment of childcare institutions, and a social cash transfer programme. Recalling that orphans are at an increased risk of being engaged in the worst forms of child labour, the Committee once again urges the Government to redouble its efforts to ensure that children orphaned by HIV/AIDS are prevented from being engaged in the worst forms of child labour. The Committee once again requests the Government to provide information on the impact of the measures taken within the framework of the NAP on Child Labour in this regard.

Street children. In its previous comments, the Committee noted that the Committee on the Rights of the Child, in its concluding observations of 27 March 2009, expressed its concern at the increasing number of children living on the streets and at the Government’s lack of specific policies and programmes to address the situation (CRC/C/MWI/CO/2, paragraph 68). It observed, however, that the NAP on Child Labour takes into consideration the problem of child labourers on the streets.

Recalling that street children are particularly vulnerable to the worst forms of child labour, the Committee once again requests the Government to indicate the measures taken within the framework of the NAP on Child Labour to remove these children from the street and to provide for their rehabilitation and social reintegration. It once again requests the Government to provide information on the progress made in this regard with its next report.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes with regret that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2013.

Repetition

Articles 3 and 7 of the Convention. Worst forms of child labour and penalties. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. In its previous comments, the Committee noted that section 179(1) of the Child Care, Protection and Justice Act provides that a person who takes part in any transaction involving child trafficking is liable to life imprisonment. The Committee observed, however, that according to section 2(d) of the same Act, a “child” means a person below the age of 16 years. The Committee reminded the Government that by virtue of Article 3(a) of the Convention, member States are required to prohibit the sale and trafficking of all children under 18 years of age.

The Committee notes the Government’s indication that it has taken note of this observation and that this matter will be taken up with the Malawi Law Commission. The Government further indicates that it will provide information on the application in practice of the Child Care, Protection and Justice Act in subsequent reports, since the Act has only recently come into force. The Committee further notes that, according to the concluding observations of the Human Rights Committee of 18 June 2012, in consideration of the reports submitted under the International Covenant on Civil and Political Rights (CCPR/C/MWI/CO/1, paragraph 15), Malawi has drafted an anti-trafficking bill which should be considered by Parliament soon. The Committee accordingly once again urges the Government to take immediate measures to ensure that the Child Care, Protection and Justice Act is amended to extend the prohibition of sale and trafficking to cover all children under the age of 18, as a matter of urgency, and to ensure that the anti-trafficking bill prohibits the sale and trafficking of all children under the age of 18, and is adopted as soon as possible. The Committee also, once again, requests the Government to provide information on the application in practice of this Act, as well as of the anti-trafficking bill once adopted, including in particular, statistics on the number and nature of violations reported, investigations, prosecutions, convictions and penal sanctions imposed.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. In its previous comments, the Committee noted the Government’s statement in its report to the Committee on the Rights of the Child (CRC) of 17 July 2008, that, while there are no data available on the number of children involved in sexual exploitation, including prostitution and pornography, these are recognized problems in the country (CRC/C/MWI/2, paragraph 323). In this regard, it noted that section 87(1)(d) of the Child Care, Protection and Justice Act only provides that a social welfare officer who has reasonable grounds to believe that a child is being used for the purposes of prostitution or immoral practices, may remove and temporarily place the child in a place of safety. The Committee reminded the Government that Article 3(b) of the Convention requires member States to prohibit the use, procuring or offering of a child under 18 years for prostitution, for the production of pornography or for pornographic performances.

The Committee once again notes the Government’s indication that it will endeavour to include the prohibition against the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances, in the labour laws currently under review. The Government also indicates that, meanwhile, the Censorship Board is doing its best to censor pornography. However, the Committee must once again express its deep concern at the continued lack of regulation to prohibit the commercial sexual exploitation of children, and once again draws the Government’s attention to its obligation under Article 1 to take immediate measures to prohibit the worst forms of child labour, as a matter of urgency. The Committee accordingly, once again, urges the Government to take the necessary measures, as a matter of urgency, to ensure the adoption of national legislation prohibiting the use, procuring or offering of both boys and girls under 18 years of age, for the purpose of prostitution, for the production of pornography or for pornographic performances, and to include sufficiently effective and dissuasive sanctions in this legislation. It requests the Government to provide information on the progress made in this regard with its next report.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and providing assistance for the removal of children from these types of work and for their rehabilitation and social integration. Children engaged in hazardous work in commercial agriculture, particularly tobacco estates. In its previous comments, the Committee noted that the CRC, in its concluding observations of 27 March 2009, expressed concern that many children between 15–17 are engaged in work that is considered as hazardous, especially in the tobacco and tea estate sector, which continues to be a major source of child labour (CRC/C/MWI/CO/2, paragraph 66). The Committee noted the Government’s information that labour inspections were undertaken in the tobacco sector, to help withdraw children from this sector, to rehabilitate and then to send them back to school. It further noted that it is indicated in the National Action Plan (NAP) on Child Labour that the agricultural sector, including tobacco plantations and family farms, constitutes one of its sectoral priorities, as it accounts for 53 per cent of child labour in the country.

The Committee notes that, according to the 2011 surveys conducted in Mzimba, Mulanje and Kasungu, child labour continues to be dominated by the agricultural sector. In Mzimba, 36.6 per cent of the interviewed children worked in agriculture; and in Mulanje and Kasungu, 23 per cent and 20.4 per cent of the interviewed children respectively had worked in a plantation, farm or garden. All three surveys reported that these children often worked in hazardous conditions without protective gear, and with hazardous equipment such as hoes, ploughs, saws, sickles, panga knives and sprayers. Expressing its concern at the number of children engaged in hazardous work in agriculture, the Committee once again urges the Government to strengthen its efforts to protect children from hazardous work in this sector, in particular in tobacco plantations, through measures taken within the framework of the NAP on Child Labour. In this regard, it once again requests the Government to provide concrete information on the number of children who have been thus prevented or withdrawn from engaging in this type of hazardous work, and then rehabilitated and socially integrated.

Clause (e). Special situation of girls. The Committee previously noted that, according to the Malawi Child Labour Survey of 2002, all the child victims of commercial sexual exploitation were girls. Half of these girls had lost both of their parents, while 65 per cent of them did not attend school past the second year. The Committee also noted that the Committee on the Elimination of Discrimination Against Women (CEDAW), in its concluding observations of 5 February 2010, expressed concern at the extent to which women and girls are involved in sexual exploitation, including prostitution, and the limited statistical data regarding these issues (CEDAW/C/MWI/CO/6, paragraph 24). It therefore requested the Government to provide information on the measures taken to protect girls under the age of 18 from commercial sexual exploitation.

The Committee once again urges the Government to strengthen its efforts to prevent girls under the age of 18 from becoming victims of commercial sexual exploitation, and to remove and rehabilitate victims of this worst form of child labour, within the framework of the NAP on Child Labour or otherwise. It once again requests the Government to provide information on the concrete measures taken in this regard, as well as information on the impact of these measures, with its next report. To the extent possible, all information provided should be disaggregated by age and sex.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 5 of the Convention. Monitoring mechanisms. Child labour monitoring system. The Committee previously noted the establishment of the National Steering Committee (NSC) on child labour and of the Child Labour Monitoring System (CLMS). It noted the Government’s information that the CLMS was under development by the Child Labour Unit of the Ministry of Labour. In this regard, it noted that the development of the CLMS was also one of the stated objectives of the National Action Plan (NAP) on Child Labour for Malawi (2010–16), which the NSC has the overall responsibility for implementing.

The Committee once again urges the Government to take measures, within the framework of the NAP on Child Labour, to develop and improve the CLMS system in order to monitor the implementation of the provisions giving effect to the Convention. It also once again requests the Government to provide information on the implementation of the NAP on Child Labour by the NSC, and on the results achieved, with its next report.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and providing assistance for the removal of children from these types of work and for their rehabilitation and social integration. Trafficking of children. The Committee previously noted the information in the Government’s report to the Committee on the Elimination of Discrimination against Women (CEDAW) of 20 October 2008, that the International Organization for Migration, in collaboration with the Government and NGO partners, was implementing a project in the region to prevent trafficking in persons, to protect victims and provide them with rehabilitative assistance, or with return and reintegration options (CEDAW/C/MWI/6, paragraph 157). The Committee further noted that the Government provided law enforcement, immigration, and social services personnel with basic training in identifying victims of trafficking, and that an inter-ministerial task force on human trafficking, led by the Ministry of Women and Child Development, had begun to draft a national plan of action on trafficking which was not yet complete. It also noted that the NAP for Child Labour aims to include in its outcomes the enforcement of trafficking and migration laws and policies, and the strengthening of the network of agencies dealing with trafficking and migration. It is also indicated in the NAP on Child Labour that child trafficking for labour exploitation within and outside the country is an emerging worst form of child labour, for which reason it will be a prioritized sector of intervention. The Committee once again requests the Government to provide information on the results achieved by the NAP on Child Labour in terms of the number of children who were prevented or withdrawn from sale and trafficking and provided with rehabilitative assistance. It also requests the Government to take measures to ensure that the drafting of the national plan of action on trafficking is completed in the very near future, and to provide information on the progress made in this regard in its next report.

Clause (d). Identifying children at special risk. Children orphaned by HIV/AIDS. The Committee previously noted the information from UNAIDS according to which there were approximately 560,000 orphans in Malawi due to HIV/AIDS. The Committee also noted the Government’s indication, in its United Nations General Assembly Special Session (UNGASS) country report of 31 March 2010, that only 18.5 per cent of orphans and vulnerable children (OVCs) received support through governmental initiatives, and that 81.5 per cent of OVCs received no support at all. In this regard, the Committee noted that the NAP on Child Labour aims to mainstream HIV/AIDS policies into child labour programmes: studies will be conducted on the relationship between child labour and HIV/AIDS; special support will be provided to children from HIV/AIDS-affected households through community-based support structures; and care and treatment will be provided to orphaned children aged 14–17 years who work to support their families.

The Committee notes that the Government provides no information on this question in its report. It notes, however, that, according to the 2012 Global Aids Response Progress Report, orphanhood and vulnerability have not significantly changed since 2004 and, overall, 17 per cent of children aged below 18 years in Malawi are either orphans and/or vulnerable. In this regard, the report indicates that there are a number of initiatives that target OVCs in Malawi, including the establishment of community-based childcare centres, the establishment of childcare institutions, and a social cash transfer programme. Recalling that orphans are at an increased risk of being engaged in the worst forms of child labour, the Committee once again urges the Government to redouble its efforts to ensure that children orphaned by HIV/AIDS are prevented from being engaged in the worst forms of child labour. The Committee once again requests the Government to provide information on the impact of the measures taken within the framework of the NAP on Child Labour in this regard.

Street children. In its previous comments, the Committee noted that the Committee on the Rights of the Child, in its concluding observations of 27 March 2009, expressed its concern at the increasing number of children living on the streets and at the Government’s lack of specific policies and programmes to address the situation (CRC/C/MWI/CO/2, paragraph 68). It observed, however, that the NAP on Child Labour takes into consideration the problem of child labourers on the streets.

Recalling that street children are particularly vulnerable to the worst forms of child labour, the Committee once again requests the Government to indicate the measures taken within the framework of the NAP on Child Labour to remove these children from the street and to provide for their rehabilitation and social reintegration. It once again requests the Government to provide information on the progress made in this regard with its next report.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that the Government’s report contains no reply to its previous comments. It is therefore bound to repeat its previous comments.

Repetition

Articles 3 and 7 of the Convention. Worst forms of child labour and penalties. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. In its previous comments, the Committee noted that section 179(1) of the Child Care, Protection and Justice Act provides that a person who takes part in any transaction involving child trafficking is liable to life imprisonment. The Committee observed, however, that according to section 2(d) of the same Act, a “child” means a person below the age of 16 years. The Committee reminded the Government that by virtue of Article 3(a) of the Convention, member States are required to prohibit the sale and trafficking of all children under 18 years of age.

The Committee notes the Government’s indication that it has taken note of this observation and that this matter will be taken up with the Malawi Law Commission. The Government further indicates that it will provide information on the application in practice of the Child Care, Protection and Justice Act in subsequent reports, since the Act has only recently come into force. The Committee further notes that, according to the concluding observations of the Human Rights Committee of 18 June 2012, in consideration of the reports submitted under the International Covenant on Civil and Political Rights (CCPR/C/MWI/CO/1, paragraph 15), Malawi has drafted an anti-trafficking bill which should be considered by Parliament soon. The Committee accordingly once again urges the Government to take immediate measures to ensure that the Child Care, Protection and Justice Act is amended to extend the prohibition of sale and trafficking to cover all children under the age of 18, as a matter of urgency, and to ensure that the anti-trafficking bill prohibits the sale and trafficking of all children under the age of 18, and is adopted as soon as possible. The Committee also, once again, requests the Government to provide information on the application in practice of this Act, as well as of the anti-trafficking bill once adopted, including in particular, statistics on the number and nature of violations reported, investigations, prosecutions, convictions and penal sanctions imposed.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. In its previous comments, the Committee noted the Government’s statement in its report to the Committee on the Rights of the Child (CRC) of 17 July 2008, that, while there are no data available on the number of children involved in sexual exploitation, including prostitution and pornography, these are recognized problems in the country (CRC/C/MWI/2, paragraph 323). In this regard, it noted that section 87(1)(d) of the Child Care, Protection and Justice Act only provides that a social welfare officer who has reasonable grounds to believe that a child is being used for the purposes of prostitution or immoral practices, may remove and temporarily place the child in a place of safety. The Committee reminded the Government that Article 3(b) of the Convention requires member States to prohibit the use, procuring or offering of a child under 18 years for prostitution, for the production of pornography or for pornographic performances.

The Committee once again notes the Government’s indication that it will endeavour to include the prohibition against the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances, in the labour laws currently under review. The Government also indicates that, meanwhile, the Censorship Board is doing its best to censor pornography. However, the Committee must once again express its deep concern at the continued lack of regulation to prohibit the commercial sexual exploitation of children, and once again draws the Government’s attention to its obligation under Article 1 to take immediate measures to prohibit the worst forms of child labour, as a matter of urgency. The Committee accordingly, once again, urges the Government to take the necessary measures, as a matter of urgency, to ensure the adoption of national legislation prohibiting the use, procuring or offering of both boys and girls under 18 years of age, for the purpose of prostitution, for the production of pornography or for pornographic performances, and to include sufficiently effective and dissuasive sanctions in this legislation. It requests the Government to provide information on the progress made in this regard with its next report.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and providing assistance for the removal of children from these types of work and for their rehabilitation and social integration. Children engaged in hazardous work in commercial agriculture, particularly tobacco estates. In its previous comments, the Committee noted that the CRC, in its concluding observations of 27 March 2009, expressed concern that many children between 15–17 are engaged in work that is considered as hazardous, especially in the tobacco and tea estate sector, which continues to be a major source of child labour (CRC/C/MWI/CO/2, paragraph 66). The Committee noted the Government’s information that labour inspections were undertaken in the tobacco sector, to help withdraw children from this sector, to rehabilitate and then to send them back to school. It further noted that it is indicated in the National Action Plan (NAP) on Child Labour that the agricultural sector, including tobacco plantations and family farms, constitutes one of its sectoral priorities, as it accounts for 53 per cent of child labour in the country.

The Committee notes that, according to the 2011 surveys conducted in Mzimba, Mulanje and Kasungu, child labour continues to be dominated by the agricultural sector. In Mzimba, 36.6 per cent of the interviewed children worked in agriculture; and in Mulanje and Kasungu, 23 per cent and 20.4 per cent of the interviewed children respectively had worked in a plantation, farm or garden. All three surveys reported that these children often worked in hazardous conditions without protective gear, and with hazardous equipment such as hoes, ploughs, saws, sickles, panga knives and sprayers. Expressing its concern at the number of children engaged in hazardous work in agriculture, the Committee once again urges the Government to strengthen its efforts to protect children from hazardous work in this sector, in particular in tobacco plantations, through measures taken within the framework of the NAP on Child Labour. In this regard, it once again requests the Government to provide concrete information on the number of children who have been thus prevented or withdrawn from engaging in this type of hazardous work, and then rehabilitated and socially integrated.

Clause (e). Special situation of girls. The Committee previously noted that, according to the Malawi Child Labour Survey of 2002, all the child victims of commercial sexual exploitation were girls. Half of these girls had lost both of their parents, while 65 per cent of them did not attend school past the second year. The Committee also noted that the Committee on the Elimination of Discrimination Against Women (CEDAW), in its concluding observations of 5 February 2010, expressed concern at the extent to which women and girls are involved in sexual exploitation, including prostitution, and the limited statistical data regarding these issues (CEDAW/C/MWI/CO/6, paragraph 24). It therefore requested the Government to provide information on the measures taken to protect girls under the age of 18 from commercial sexual exploitation.

The Committee once again urges the Government to strengthen its efforts to prevent girls under the age of 18 from becoming victims of commercial sexual exploitation, and to remove and rehabilitate victims of this worst form of child labour, within the framework of the NAP on Child Labour or otherwise. It once again requests the Government to provide information on the concrete measures taken in this regard, as well as information on the impact of these measures, with its next report. To the extent possible, all information provided should be disaggregated by age and sex.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes 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 5 of the Convention. Monitoring mechanisms. Child labour monitoring system. The Committee previously noted the establishment of the National Steering Committee (NSC) on child labour and of the Child Labour Monitoring System (CLMS). It noted the Government’s information that the CLMS was under development by the Child Labour Unit of the Ministry of Labour. In this regard, it noted that the development of the CLMS was also one of the stated objectives of the National Action Plan (NAP) on Child Labour for Malawi (2010–16), which the NSC has the overall responsibility for implementing.

The Committee once again urges the Government to take measures, within the framework of the NAP on Child Labour, to develop and improve the CLMS system in order to monitor the implementation of the provisions giving effect to the Convention. It also once again requests the Government to provide information on the implementation of the NAP on Child Labour by the NSC, and on the results achieved, with its next report.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and providing assistance for the removal of children from these types of work and for their rehabilitation and social integration. Trafficking of children. The Committee previously noted the information in the Government’s report to the Committee on the Elimination of Discrimination against Women (CEDAW) of 20 October 2008, that the International Organization for Migration, in collaboration with the Government and NGO partners, was implementing a project in the region to prevent trafficking in persons, to protect victims and provide them with rehabilitative assistance, or with return and reintegration options (CEDAW/C/MWI/6, paragraph 157). The Committee further noted that the Government provided law enforcement, immigration, and social services personnel with basic training in identifying victims of trafficking, and that an inter-ministerial task force on human trafficking, led by the Ministry of Women and Child Development, had begun to draft a national plan of action on trafficking which was not yet complete. It also noted that the NAP for Child Labour aims to include in its outcomes the enforcement of trafficking and migration laws and policies, and the strengthening of the network of agencies dealing with trafficking and migration. It is also indicated in the NAP on Child Labour that child trafficking for labour exploitation within and outside the country is an emerging worst form of child labour, for which reason it will be a prioritized sector of intervention. The Committee once again requests the Government to provide information on the results achieved by the NAP on Child Labour in terms of the number of children who were prevented or withdrawn from sale and trafficking and provided with rehabilitative assistance. It also requests the Government to take measures to ensure that the drafting of the national plan of action on trafficking is completed in the very near future, and to provide information on the progress made in this regard in its next report.

Clause (d). Identifying children at special risk. Children orphaned by HIV/AIDS. The Committee previously noted the information from UNAIDS according to which there were approximately 560,000 orphans in Malawi due to HIV/AIDS. The Committee also noted the Government’s indication, in its United Nations General Assembly Special Session (UNGASS) country report of 31 March 2010, that only 18.5 per cent of orphans and vulnerable children (OVCs) received support through governmental initiatives, and that 81.5 per cent of OVCs received no support at all. In this regard, the Committee noted that the NAP on Child Labour aims to mainstream HIV/AIDS policies into child labour programmes: studies will be conducted on the relationship between child labour and HIV/AIDS; special support will be provided to children from HIV/AIDS-affected households through community-based support structures; and care and treatment will be provided to orphaned children aged 14–17 years who work to support their families.

The Committee notes that the Government provides no information on this question in its report. It notes, however, that, according to the 2012 Global Aids Response Progress Report, orphanhood and vulnerability have not significantly changed since 2004 and, overall, 17 per cent of children aged below 18 years in Malawi are either orphans and/or vulnerable. In this regard, the report indicates that there are a number of initiatives that target OVCs in Malawi, including the establishment of community-based childcare centres, the establishment of childcare institutions, and a social cash transfer programme. Recalling that orphans are at an increased risk of being engaged in the worst forms of child labour, the Committee once again urges the Government to redouble its efforts to ensure that children orphaned by HIV/AIDS are prevented from being engaged in the worst forms of child labour. The Committee once again requests the Government to provide information on the impact of the measures taken within the framework of the NAP on Child Labour in this regard.

Street children. In its previous comments, the Committee noted that the Committee on the Rights of the Child, in its concluding observations of 27 March 2009, expressed its concern at the increasing number of children living on the streets and at the Government’s lack of specific policies and programmes to address the situation (CRC/C/MWI/CO/2, paragraph 68). It observed, however, that the NAP on Child Labour takes into consideration the problem of child labourers on the streets.

Recalling that street children are particularly vulnerable to the worst forms of child labour, the Committee once again requests the Government to indicate the measures taken within the framework of the NAP on Child Labour to remove these children from the street and to provide for their rehabilitation and social reintegration. It once again requests the Government to provide information on the progress made in this regard with its next report.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Articles 3 and 7 of the Convention. Worst forms of child labour and penalties. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. In its previous comments, the Committee noted that section 179(1) of the Child Care, Protection and Justice Act provides that a person who takes part in any transaction involving child trafficking is liable to life imprisonment. The Committee observed, however, that according to section 2(d) of the same Act, a “child” means a person below the age of 16 years. The Committee reminded the Government that by virtue of Article 3(a) of the Convention, member States are required to prohibit the sale and trafficking of all children under 18 years of age.

The Committee notes the Government’s indication that it has taken note of this observation and that this matter will be taken up with the Malawi Law Commission. The Government further indicates that it will provide information on the application in practice of the Child Care, Protection and Justice Act in subsequent reports, since the Act has only recently come into force. The Committee further notes that, according to the concluding observations of the Human Rights Committee of 18 June 2012, in consideration of the reports submitted under the International Covenant on Civil and Political Rights (CCPR/C/MWI/CO/1, paragraph 15), Malawi has drafted an anti-trafficking bill which should be considered by Parliament soon. The Committee accordingly once again urges the Government to take immediate measures to ensure that the Child Care, Protection and Justice Act is amended to extend the prohibition of sale and trafficking to cover all children under the age of 18, as a matter of urgency, and to ensure that the anti-trafficking bill prohibits the sale and trafficking of all children under the age of 18, and is adopted as soon as possible. The Committee also, once again, requests the Government to provide information on the application in practice of this Act, as well as of the anti-trafficking bill once adopted, including in particular, statistics on the number and nature of violations reported, investigations, prosecutions, convictions and penal sanctions imposed.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. In its previous comments, the Committee noted the Government’s statement in its report to the Committee on the Rights of the Child (CRC) of 17 July 2008, that, while there are no data available on the number of children involved in sexual exploitation, including prostitution and pornography, these are recognized problems in the country (CRC/C/MWI/2, paragraph 323). In this regard, it noted that section 87(1)(d) of the Child Care, Protection and Justice Act only provides that a social welfare officer who has reasonable grounds to believe that a child is being used for the purposes of prostitution or immoral practices, may remove and temporarily place the child in a place of safety. The Committee reminded the Government that Article 3(b) of the Convention requires member States to prohibit the use, procuring or offering of a child under 18 years for prostitution, for the production of pornography or for pornographic performances.

The Committee once again notes the Government’s indication that it will endeavour to include the prohibition against the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances, in the labour laws currently under review. The Government also indicates that, meanwhile, the Censorship Board is doing its best to censor pornography. However, the Committee must once again express its deep concern at the continued lack of regulation to prohibit the commercial sexual exploitation of children, and once again draws the Government’s attention to its obligation under Article 1 to take immediate measures to prohibit the worst forms of child labour, as a matter of urgency. The Committee accordingly, once again, urges the Government to take the necessary measures, as a matter of urgency, to ensure the adoption of national legislation prohibiting the use, procuring or offering of both boys and girls under 18 years of age, for the purpose of prostitution, for the production of pornography or for pornographic performances, and to include sufficiently effective and dissuasive sanctions in this legislation. It requests the Government to provide information on the progress made in this regard with its next report.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and providing assistance for the removal of children from these types of work and for their rehabilitation and social integration. Children engaged in hazardous work in commercial agriculture, particularly tobacco estates. In its previous comments, the Committee noted that the CRC, in its concluding observations of 27 March 2009, expressed concern that many children between 15–17 are engaged in work that is considered as hazardous, especially in the tobacco and tea estate sector, which continues to be a major source of child labour (CRC/C/MWI/CO/2, paragraph 66). The Committee noted the Government’s information that labour inspections were undertaken in the tobacco sector, to help withdraw children from this sector, to rehabilitate and then to send them back to school. It further noted that it is indicated in the National Action Plan (NAP) on Child Labour that the agricultural sector, including tobacco plantations and family farms, constitutes one of its sectoral priorities, as it accounts for 53 per cent of child labour in the country.

The Committee notes that, according to the 2011 surveys conducted in Mzimba, Mulanje and Kasungu, child labour continues to be dominated by the agricultural sector. In Mzimba, 36.6 per cent of the interviewed children worked in agriculture; and in Mulanje and Kasungu, 23 per cent and 20.4 per cent of the interviewed children respectively had worked in a plantation, farm or garden. All three surveys reported that these children often worked in hazardous conditions without protective gear, and with hazardous equipment such as hoes, ploughs, saws, sickles, panga knives and sprayers. Expressing its concern at the number of children engaged in hazardous work in agriculture, the Committee once again urges the Government to strengthen its efforts to protect children from hazardous work in this sector, in particular in tobacco plantations, through measures taken within the framework of the NAP on Child Labour. In this regard, it once again requests the Government to provide concrete information on the number of children who have been thus prevented or withdrawn from engaging in this type of hazardous work, and then rehabilitated and socially integrated.

Clause (e). Special situation of girls. The Committee previously noted that, according to the Malawi Child Labour Survey of 2002, all the child victims of commercial sexual exploitation were girls. Half of these girls had lost both of their parents, while 65 per cent of them did not attend school past the second year. The Committee also noted that the Committee on the Elimination of Discrimination Against Women (CEDAW), in its concluding observations of 5 February 2010, expressed concern at the extent to which women and girls are involved in sexual exploitation, including prostitution, and the limited statistical data regarding these issues (CEDAW/C/MWI/CO/6, paragraph 24). It therefore requested the Government to provide information on the measures taken to protect girls under the age of 18 from commercial sexual exploitation.

The Committee once again urges the Government to strengthen its efforts to prevent girls under the age of 18 from becoming victims of commercial sexual exploitation, and to remove and rehabilitate victims of this worst form of child labour, within the framework of the NAP on Child Labour or otherwise. It once again requests the Government to provide information on the concrete measures taken in this regard, as well as information on the impact of these measures, with its next report. To the extent possible, all information provided should be disaggregated by age and sex.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 4(1) of the Convention. Determination of types of hazardous work. Following its previous comments, the Committee notes with interest that the Employment (Prohibition of Hazardous Work for Children) Order was adopted and gazetted in 2012. The Committee notes that this Order contains an extensive list of prohibited types of work for children under 18 years of age in the following sectors: agriculture; industry (including the tobacco sector); entertainment; tourism; health; and miscellaneous. The Committee notes the Government’s information that a countrywide dissemination programme of the gazette is being implemented in collaboration with ILO–IPEC.

Article 5. Monitoring mechanisms. Child labour monitoring system. The Committee previously noted the establishment of the National Steering Committee (NSC) on child labour and of the Child Labour Monitoring System (CLMS). It noted the Government’s information that the CLMS was under development by the Child Labour Unit of the Ministry of Labour. In this regard, it noted that the development of the CLMS was also one of the stated objectives of the National Action Plan (NAP) on Child Labour for Malawi (2010–16), which the NSC has the overall responsibility for implementing.

The Committee observes that the Government provides no information on this point in its report. The Committee, therefore, once again urges the Government to take measures, within the framework of the NAP on Child Labour, to develop and improve the CLMS system in order to monitor the implementation of the provisions giving effect to the Convention. It also once again requests the Government to provide information on the implementation of the NAP on Child Labour by the NSC, and on the results achieved, with its next report.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and providing assistance for the removal of children from these types of work and for their rehabilitation and social integration. Trafficking of children. The Committee previously noted the information in the Government’s report to the Committee on the Elimination of Discrimination against Women (CEDAW) of 20 October 2008, that the International Organization for Migration, in collaboration with the Government and NGO partners, was implementing a project in the region to prevent trafficking in persons, to protect victims and provide them with rehabilitative assistance, or with return and reintegration options (CEDAW/C/MWI/6, paragraph 157). The Committee further noted that the Government provided law enforcement, immigration, and social services personnel with basic training in identifying victims of trafficking, and that an inter-ministerial task force on human trafficking, led by the Ministry of Women and Child Development, had begun to draft a national plan of action on trafficking which was not yet complete. It also noted that the NAP for Child Labour aims to include in its outcomes the enforcement of trafficking and migration laws and policies, and the strengthening of the network of agencies dealing with trafficking and migration. It is also indicated in the NAP on Child Labour that child trafficking for labour exploitation within and outside the country is an emerging worst form of child labour, for which reason it will be a prioritized sector of intervention. Noting the absence of information on this question in the Government’s report, the Committee once again requests the Government to provide information on the results achieved by the NAP on Child Labour in terms of the number of children who were prevented or withdrawn from sale and trafficking and provided with rehabilitative assistance. It also requests the Government to take measures to ensure that the drafting of the national plan of action on trafficking is completed in the very near future, and to provide information on the progress made in this regard in its next report.

Clause (d). Identifying children at special risk. 1. Children orphaned by HIV/AIDS. The Committee previously noted the information from UNAIDS according to which there were approximately 560,000 orphans in Malawi due to HIV/AIDS. The Committee also noted the Government’s indication, in its United Nations General Assembly Special Session (UNGASS) country report of 31 March 2010, that only 18.5 per cent of orphans and vulnerable children (OVCs) received support through governmental initiatives, and that 81.5 per cent of OVCs received no support at all. In this regard, the Committee noted that the NAP on Child Labour aims to mainstream HIV/AIDS policies into child labour programmes: studies will be conducted on the relationship between child labour and HIV/AIDS; special support will be provided to children from HIV/AIDS-affected households through community-based support structures; and care and treatment will be provided to orphaned children aged 14–17 years who work to support their families.

The Committee notes that the Government provides no information on this question in its report. It notes, however, that, according to the 2012 Global Aids Response Progress Report, orphanhood and vulnerability have not significantly changed since 2004 and, overall, 17 per cent of children aged below 18 years in Malawi are either orphans and/or vulnerable. In this regard, the report indicates that there are a number of initiatives that target OVCs in Malawi, including the establishment of community-based childcare centres, the establishment of childcare institutions, and a social cash transfer programme. Recalling that orphans are at an increased risk of being engaged in the worst forms of child labour, the Committee once again urges the Government to redouble its efforts to ensure that children orphaned by HIV/AIDS are prevented from being engaged in the worst forms of child labour. The Committee once again requests the Government to provide information on the impact of the measures taken within the framework of the NAP on Child Labour in this regard.

2. Street children. In its previous comments, the Committee noted that the Committee on the Rights of the Child, in its concluding observations of 27 March 2009, expressed its concern at the increasing number of children living on the streets and at the Government’s lack of specific policies and programmes to address the situation (CRC/C/MWI/CO/2, paragraph 68). It observed, however, that the NAP on Child Labour takes into consideration the problem of child labourers on the streets.

The Committee once again notes with regret that the Government provides no information on this issue in its report. Recalling that street children are particularly vulnerable to the worst forms of child labour, the Committee once again requests the Government to indicate the measures taken within the framework of the NAP on Child Labour to remove these children from the street and to provide for their rehabilitation and social reintegration. It once again requests the Government to provide information on the progress made in this regard with its next report.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Articles 3 and 7 of the Convention. Worst forms of child labour and penalties. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. In its previous comments, the Committee noted that section 179(1) of the Child Care, Protection and Justice Act provides that a person who takes part in any transaction involving child trafficking is liable to life imprisonment. The Committee observed, however, that according to section 2(d) of the same Act, a “child” means a person below the age of 16 years. The Committee reminded the Government that by virtue of Article 3(a) of the Convention, member States are required to prohibit the sale and trafficking of all children under 18 years of age.

The Committee notes the Government’s indication that it has taken note of this observation and that this matter will be taken up with the Malawi Law Commission. The Government further indicates that it will provide information on the application in practice of the Child Care, Protection and Justice Act in subsequent reports, since the Act has only recently come into force. The Committee further notes that, according to the concluding observations of the Human Rights Committee of 18 June 2012, in consideration of the reports submitted under the International Covenant on Civil and Political Rights (CCPR/C/MWI/CO/1, paragraph 15), Malawi has drafted an anti-trafficking bill which should be considered by Parliament soon. The Committee accordingly once again urges the Government to take immediate measures to ensure that the Child Care, Protection and Justice Act is amended to extend the prohibition of sale and trafficking to cover all children under the age of 18, as a matter of urgency, and to ensure that the anti-trafficking bill prohibits the sale and trafficking of all children under the age of 18, and is adopted as soon as possible. The Committee also, once again, requests the Government to provide information on the application in practice of this Act, as well as of the anti-trafficking bill once adopted, including in particular, statistics on the number and nature of violations reported, investigations, prosecutions, convictions and penal sanctions imposed.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. In its previous comments, the Committee noted the Government’s statement in its report to the Committee on the Rights of the Child (CRC) of 17 July 2008, that, while there are no data available on the number of children involved in sexual exploitation, including prostitution and pornography, these are recognized problems in the country (CRC/C/MWI/2, paragraph 323). In this regard, it noted that section 87(1)(d) of the Child Care, Protection and Justice Act only provides that a social welfare officer who has reasonable grounds to believe that a child is being used for the purposes of prostitution or immoral practices, may remove and temporarily place the child in a place of safety. The Committee reminded the Government that Article 3(b) of the Convention requires member States to prohibit the use, procuring or offering of a child under 18 years for prostitution, for the production of pornography or for pornographic performances.

The Committee once again notes the Government’s indication that it will endeavour to include the prohibition against the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances, in the labour laws currently under review. The Government also indicates that, meanwhile, the Censorship Board is doing its best to censor pornography. However, the Committee must once again express its deep concern at the continued lack of regulation to prohibit the commercial sexual exploitation of children, and once again draws the Government’s attention to its obligation under Article 1 to take immediate measures to prohibit the worst forms of child labour, as a matter of urgency. The Committee accordingly, once again, urges the Government to take the necessary measures, as a matter of urgency, to ensure the adoption of national legislation prohibiting the use, procuring or offering of both boys and girls under 18 years of age, for the purpose of prostitution, for the production of pornography or for pornographic performances, and to include sufficiently effective and dissuasive sanctions in this legislation. It requests the Government to provide information on the progress made in this regard with its next report.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and providing assistance for the removal of children from these types of work and for their rehabilitation and social integration. Children engaged in hazardous work in commercial agriculture, particularly tobacco estates. In its previous comments, the Committee noted that the CRC, in its concluding observations of 27 March 2009, expressed concern that many children between 15–17 are engaged in work that is considered as hazardous, especially in the tobacco and tea estate sector, which continues to be a major source of child labour (CRC/C/MWI/CO/2, paragraph 66). The Committee noted the Government’s information that labour inspections were undertaken in the tobacco sector, to help withdraw children from this sector, to rehabilitate and then to send them back to school. It further noted that it is indicated in the National Action Plan (NAP) on Child Labour that the agricultural sector, including tobacco plantations and family farms, constitutes one of its sectoral priorities, as it accounts for 53 per cent of child labour in the country.

The Committee notes with regret that the Government provides no information on this point in its report. It notes that, according to the 2011 surveys conducted in Mzimba, Mulanje and Kasungu, child labour continues to be dominated by the agricultural sector. In Mzimba, 36.6 per cent of the interviewed children worked in agriculture; and in Mulanje and Kasungu, 23 per cent and 20.4 per cent of the interviewed children respectively had worked in a plantation, farm or garden. All three surveys reported that these children often worked in hazardous conditions without protective gear, and with hazardous equipment such as hoes, ploughs, saws, sickles, panga knives and sprayers. Expressing its concern at the number of children engaged in hazardous work in agriculture, the Committee once again urges the Government to strengthen its efforts to protect children from hazardous work in this sector, in particular in tobacco plantations, through measures taken within the framework of the NAP on Child Labour. In this regard, it once again requests the Government to provide concrete information on the number of children who have been thus prevented or withdrawn from engaging in this type of hazardous work, and then rehabilitated and socially integrated.

Clause (e). Special situation of girls. The Committee previously noted that, according to the Malawi Child Labour Survey of 2002, all the child victims of commercial sexual exploitation were girls. Half of these girls had lost both of their parents, while 65 per cent of them did not attend school past the second year. The Committee also noted that the Committee on the Elimination of Discrimination Against Women (CEDAW), in its concluding observations of 5 February 2010, expressed concern at the extent to which women and girls are involved in sexual exploitation, including prostitution, and the limited statistical data regarding these issues (CEDAW/C/MWI/CO/6, paragraph 24). It therefore requested the Government to provide information on the measures taken to protect girls under the age of 18 from commercial sexual exploitation.

The Committee once again notes with regret that the Government provides no information on this point in its report. It, therefore, once again urges the Government to strengthen its efforts to prevent girls under the age of 18 from becoming victims of commercial sexual exploitation, and to remove and rehabilitate victims of this worst form of child labour, within the framework of the NAP on Child Labour or otherwise. It once again requests the Government to provide information on the concrete measures taken in this regard, as well as information on the impact of these measures, with its next report. To the extent possible, all information provided should be disaggregated by age and sex.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which reads as follows:

Repetition

Article 5 of the Convention. Monitoring mechanisms. Child labour monitoring system. The Committee previously noted the establishment of the National Steering Committee (NSC) on child labour and of the Child Labour Monitoring System (CLMS). The Committee had noted that the ILO Country Programme 2005–08 supported the review and streamlining of the CLMS’s data collection form and the development of a database, and that a design flaw had prevented the system from being functional but that the Government would engage ILO–IPEC for technical assistance for this problem.

The Committee notes the Government’s information that the CLMS is under development by the Child Labour Unit of the Ministry of Labour. In this regard, it notes that the development of the CLMS is also one of the stated objectives of the National Action Plan (NAP) on Child Labour for Malawi (2010–16), which the NSC has the overall responsibility for implementing. The Committee urges the Government to take measures, in the framework of the NAP on Child Labour, to develop and improve the CLMS system in order to monitor the implementation of the provisions giving effect to the Convention. It also requests the Government to provide information on the implementation of the NAP on Child Labour by the NSC, and on the results achieved.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and providing assistance for the removal of children from these types of work and for their rehabilitation and social integration. Trafficking of children. The Committee previously noted the information in the Government’s report to the Committee on the Elimination of Discrimination against Women (CEDAW) of 20 October 2008, that the International Organization for Migration, in collaboration with the Government and NGO partners, is implementing a project in the region to prevent trafficking in persons, to protect victims and provide them with rehabilitative assistance, or with return and reintegration options. The Government further indicated in this report that the police service and the Immigration Department has put in place mechanisms for the protection of victims of trafficking, including Child Protection Units which provide support and shelter to victims (CEDAW/C/MWI/6, paragraph 157). The Committee further noted that the Government provided law enforcement, immigration, and social services personnel with basic training in identifying victims of trafficking, and that an inter-ministerial task force on human trafficking, led by the Ministry of Women and Child Development, had begun to draft a national plan of action on trafficking which was not yet complete.

The Committee notes that the Government does not provide information on the progress made with regard to the development of a national plan of action on trafficking and other measures taken to combat the sale and trafficking of children in Malawi. It notes, however, that the outcomes that the NAP for Child Labour aims to achieve include the enforcement of trafficking and migration laws and policies, and the strengthening of the network of agencies dealing with trafficking and migration. It is also indicated in the NAP on Child Labour that child trafficking for labour exploitation within and outside the country is an emerging worst form of child labour, for which reason it will be a prioritized sector of intervention. The Committee requests the Government to provide information on the results achieved by the NAP on Child Labour in terms of the number of children who were prevented or withdrawn from sale and trafficking and then rehabilitated. It also requests the Government to take measures to ensure that the drafting of the national plan of action on trafficking is completed in the very near future, and to provide information on the progress made in this regard.

Clause (d). Identifying children at special risk. Children orphaned by HIV/AIDS. The Committee previously noted that one of the objectives of the ILO–IPEC “Country programme to combat child labour in Malawi” was to strengthen community-based safety nets and mechanisms that support HIV/AIDS-affected children, as well as orphans and vulnerable children (OVCs). However, it noted information from UNAIDS according to which there are approximately 560,000 orphans in Malawi due to HIV/AIDS. The Committee also noted the Government’s indication in its UNGASS country report of 31 March 2010 that only 18.5 per cent of OVCs receive support through governmental initiatives, and that 81.5 per cent of OVCs receive no support at all.

The Committee observes that the Government provides no information on measures taken to protect children orphaned by HIV/AIDS from the worst forms of child labour. It notes, however, that the NAP on Child Labour aims to mainstream HIV/AIDS policies into child labour programmes. In this regard, studies will be conducted on the relationship between child labour and HIV/AIDS; special support will be provided to children from HIV/AIDS-affected households through community-based support structures; and care and treatment will be provided to orphaned children aged 14–17 years who work to support their families. The Committee once again recalls that orphans are at an increased risk of being engaged in the worst forms of child labour and therefore urges the Government to redouble its efforts to ensure that children orphaned by HIV/AIDS are prevented from being engaged in the worst forms of child labour. The Committee requests the Government to provide information on the impact of the measures taken within the framework of the NAP on Child Labour in this regard.

Street children. In its previous comments, the Committee noted that the Committee on the Rights of the Child, in its concluding observations of 27 March 2009, expressed its concern at the increasing number of children living on the streets and at the Government’s lack of specific policies and programmes to address the situation (CRC/C/MWI/CO/2, paragraph 68).

The Committee notes with regret that the Government provides no information on this issue in its report. It observes, however, that the NAP on Child Labour takes into consideration the problem of child labourers on the streets. Recalling that street children are particularly vulnerable to the worst forms of child labour, the Committee requests the Government to indicate the measures taken within the framework of the NAP on Child Labour to remove these children from the street and provide for their rehabilitation and social reintegration. It requests the Government to provide information on the progress made in this regard.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which reads as follows:

Repetition

Articles 3 and 7 of the Convention. Worst forms of child labour and penalties. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. In its previous comments, the Committee noted that, although various penal provisions relate to the offences of abduction and trafficking, these provisions are not comprehensive. However, the Committee noted that the Child Care, Protection and Justice Bill, which was adopted on 28 June 2010, contains a definition of child trafficking and imposes a penalty of life imprisonment for convicted traffickers, and expressed the firm hope that the adopted version of the Child Care, Protection and Justice Bill prohibits the sale and trafficking (both internal and cross-border) of all persons under 18 years of age for the purposes of labour and sexual exploitation.

The Committee notes that section 179(1) of the Child Care, Protection and Justice Act provides that a person who takes part in any transaction involving child trafficking is liable to life imprisonment. According to section 179(2), child trafficking means the recruitment, transaction, transfer, harbouring or receipt of a child for the purposes of exploitation. The Committee observes, however, that according to section 2(d) of the same Act, a “child” means a person below the age of 16 years. The Committee reminds the Government that by virtue of Article 3(a) of the Convention, Member States are required to prohibit the sale and trafficking of all children under 18 years of age. The Committee accordingly urges the Government to take immediate measures to ensure that the Child Care, Protection and Justice Act is amended to extend the prohibition of sale and trafficking to cover all children under the age of 18, as a matter of urgency. The Committee also requests the Government to provide information on the application in practice of this Act, including in particular, statistics on the number and nature of violations reported, investigations, prosecutions, convictions and penal sanctions imposed.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. In its previous comments, the Committee observed that the use, procuring or offering of young persons under 18 years of age for prostitution, for the production of pornography or for pornographic performances existed in Malawi and that national legislation did not appear to prohibit these worst forms of child labour. The Committee noted the Government’s statement in its report to the Committee on the Rights of the Child (CRC) of 17 July 2008, that, while there are no data available on the number of children involved in sexual exploitation, including prostitution and pornography, these are recognized problems in the country (CRC/C/MWI/2, paragraph 323). However, the Committee noted the Government’s indication that it endeavoured to include such a prohibition in the ongoing review of labour laws, including the Employment (Amendment) Bill, which was going through a final round of examination prior to submission to the Ministry of Justice.

The Committee notes that the Government’s report contains no new information on the adoption of the Employment (Amendment) Bill. It notes, however, the Government’s statement that the Child Care, Protection and Justice Act prohibits the procuring or offering of boys and girls under the age of 16 years for the purpose of prostitution, for the production of pornography or for pornographic performances. In this regard, the Committee observes that section 84(1)(d) only provides that a social welfare officer who has reasonable grounds to believe that a child is being used for the purposes of prostitution or immoral practices may remove and temporarily place the child in a place of safety.

The Committee reminds the Government that Article 3(b) of the Convention requires Member States to prohibit the use, procuring or offering of a child under 18 years for prostitution, for the production of pornography or for pornographic performances. The Committee once again expresses its deep concern at the continued lack of regulation to prohibit the commercial sexual exploitation of children, and once again draws the Government’s attention to its obligation under Article 1 to take immediate measures to prohibit the worst forms of child labour. The Committee accordingly urges the Government to take the necessary measures, as a matter of urgency, to ensure the adoption of national legislation prohibiting the use, procuring or offering of both boys and girls under 18 years of age, for the purpose of prostitution, for the production of pornography or for pornographic performances, and to include sufficiently effective and dissuasive sanctions in this legislation. It requests the Government to provide information on the progress made in this regard.

Article 4(1). Determination of types of hazardous work. Following its previous comments, the Committee notes the Government’s information that a list of hazardous work for children is in the process of being finalized. Observing that the Government has been referring to the List of Hazardous Work since 2006, the Committee urges the Government to take the necessary measures to ensure that the draft list of types of hazardous work is adopted as a matter of urgency. It requests the Government to provide a copy of this list as soon as it is adopted.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and providing assistance for the removal of children from these types of work and for their rehabilitation and social integration. Children engaged in hazardous work in commercial agriculture, particularly tobacco estates. In its previous comments, the Committee noted that, according to the summary outline for the ILO–IPEC Action Programme of 2007, entitled “Mzimba Project on Elimination of Child Labour”, there were 734,845 child labourers working in the agricultural sector in Malawi, out of which 288,341 were working in hazardous occupations. It also noted that the CRC, in its concluding observations of 27 March 2009, expressed concern that many children between 15–17 are engaged in work that is considered as hazardous, especially in the tobacco and tea estate sector, which continues to be a major source of child labour (CRC/C/MWI/CO/2, paragraph 66). The Committee noted that ILO–IPEC was implementing several action programmes in the tobacco sector, which sought to withdraw children from hazardous work and reintegrate these children into formal and non-formal educational programmes, as well as to raise awareness about child labour in agriculture.

The Committee notes the Government’s information that labour inspections have been undertaken in the tobacco sector, to help withdraw children from this sector, to rehabilitate and then to send them back to school. It further notes that, within the framework of the National Action Plan (NAP) on Child Labour, it is envisaged to improve awareness of child labour at all levels; prevent and withdraw children from such labour; and provide these children with educational opportunities. In this regard, the NAP on Child Labour indicates that the agricultural sector, including tobacco plantations and family farms, constitutes one of its sectoral priorities, as it accounts for 53 per cent of child labour in the country. The Committee urges the Government to strengthen its efforts to protect children from hazardous work in the tobacco sector through measures taken within the framework of the NAP on Child Labour. In this regard, it requests the Government to provide concrete information on the number of children who have been thus prevented or withdrawn from engaging in this type of hazardous work, and then rehabilitated and socially integrated.

Clause (e). Special situation of girls. The Committee previously noted that, according to the Malawi child labour survey of 2002, all the child victims of commercial sexual exploitation were girls. Half of these girls had lost both of their parents, while 65 per cent of them did not attend school past the second year. The Committee also noted that the Committee on the Elimination of Discrimination against Women, in its concluding observations of 5 February 2010, expressed concern at the extent to which women and girls are involved in sexual exploitation, including prostitution, and the limited statistical data regarding these issues (CEDAW/C/MWI/CO/6, paragraph 24). It therefore requested the Government to provide information on the measures taken to protect girls under the age of 18 from commercial sexual exploitation.

The Committee notes with regret that the Government provides no information on this point in its report. It therefore urges the Government to strengthen its efforts to prevent girls under the age of 18 from becoming victims of commercial sexual exploitation, and to remove and rehabilitate victims of this worst form of child labour, within the framework of the NAP on Child Labour or otherwise. It once again requests the Government to provide information on the concrete measures taken in this regard, as well as information on the impact of these measures. To the extent possible, all information provided should be disaggregated by age and sex.

The Committee is raising other points in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 5 of the Convention. Monitoring mechanisms. Child labour monitoring system. The Committee previously noted the establishment of the National Steering Committee (NSC) on child labour and of the Child Labour Monitoring System (CLMS). The Committee had noted that the ILO Country Programme 2005–08 supported the review and streamlining of the CLMS’s data collection form and the development of a database, and that a design flaw had prevented the system from being functional but that the Government would engage ILO–IPEC for technical assistance for this problem.

The Committee notes the Government’s information that the CLMS is under development by the Child Labour Unit of the Ministry of Labour. In this regard, it notes that the development of the CLMS is also one of the stated objectives of the National Action Plan (NAP) on Child Labour for Malawi (2010–16), which the NSC has the overall responsibility for implementing. The Committee urges the Government to take measures, in the framework of the NAP on Child Labour, to develop and improve the CLMS system in order to monitor the implementation of the provisions giving effect to the Convention. It also requests the Government to provide information on the implementation of the NAP on Child Labour by the NSC, and on the results achieved.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and providing assistance for the removal of children from these types of work and for their rehabilitation and social integration. Trafficking of children. The Committee previously noted the information in the Government’s report to the Committee on the Elimination of Discrimination against Women (CEDAW) of 20 October 2008, that the International Organization for Migration, in collaboration with the Government and NGO partners, is implementing a project in the region to prevent trafficking in persons, to protect victims and provide them with rehabilitative assistance, or with return and reintegration options. The Government further indicated in this report that the police service and the Immigration Department has put in place mechanisms for the protection of victims of trafficking, including Child Protection Units which provide support and shelter to victims (CEDAW/C/MWI/6, paragraph 157). The Committee further noted that the Government provided law enforcement, immigration, and social services personnel with basic training in identifying victims of trafficking, and that an inter-ministerial task force on human trafficking, led by the Ministry of Women and Child Development, had begun to draft a national plan of action on trafficking which was not yet complete.

The Committee notes that the Government does not provide information on the progress made with regard to the development of a national plan of action on trafficking and other measures taken to combat the sale and trafficking of children in Malawi. It notes, however, that the outcomes that the NAP for Child Labour aims to achieve include the enforcement of trafficking and migration laws and policies, and the strengthening of the network of agencies dealing with trafficking and migration. It is also indicated in the NAP on Child Labour that child trafficking for labour exploitation within and outside the country is an emerging worst form of child labour, for which reason it will be a prioritized sector of intervention. The Committee requests the Government to provide information on the results achieved by the NAP on Child Labour in terms of the number of children who were prevented or withdrawn from sale and trafficking and then rehabilitated. It also requests the Government to take measures to ensure that the drafting of the national plan of action on trafficking is completed in the very near future, and to provide information on the progress made in this regard.

Clause (d). Identifying children at special risk. Children orphaned by HIV/AIDS. The Committee previously noted that one of the objectives of the ILO–IPEC “Country programme to combat child labour in Malawi” was to strengthen community-based safety nets and mechanisms that support HIV/AIDS-affected children, as well as orphans and vulnerable children (OVCs). However, it noted information from UNAIDS according to which there are approximately 560,000 orphans in Malawi due to HIV/AIDS. The Committee also noted the Government’s indication in its UNGASS country report of 31 March 2010 that only 18.5 per cent of OVCs receive support through governmental initiatives, and that 81.5 per cent of OVCs receive no support at all.

The Committee observes that the Government provides no information on measures taken to protect children orphaned by HIV/AIDS from the worst forms of child labour. It notes, however, that the NAP on Child Labour aims to mainstream HIV/AIDS policies into child labour programmes. In this regard, studies will be conducted on the relationship between child labour and HIV/AIDS; special support will be provided to children from HIV/AIDS-affected households through community-based support structures; and care and treatment will be provided to orphaned children aged 14–17 years who work to support their families. The Committee once again recalls that orphans are at an increased risk of being engaged in the worst forms of child labour and therefore urges the Government to redouble its efforts to ensure that children orphaned by HIV/AIDS are prevented from being engaged in the worst forms of child labour. The Committee requests the Government to provide information on the impact of the measures taken within the framework of the NAP on Child Labour in this regard.

Street children. In its previous comments, the Committee noted that the Committee on the Rights of the Child, in its concluding observations of 27 March 2009, expressed its concern at the increasing number of children living on the streets and at the Government’s lack of specific policies and programmes to address the situation (CRC/C/MWI/CO/2, paragraph 68).

The Committee notes with regret that the Government provides no information on this issue in its report. It observes, however, that the NAP on Child Labour takes into consideration the problem of child labourers on the streets. Recalling that street children are particularly vulnerable to the worst forms of child labour, the Committee requests the Government to indicate the measures taken within the framework of the NAP on Child Labour to remove these children from the street and provide for their rehabilitation and social reintegration. It requests the Government to provide information on the progress made in this regard.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Articles 3 and 7 of the Convention. Worst forms of child labour and penalties. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. In its previous comments, the Committee noted that, although various penal provisions relate to the offences of abduction and trafficking, these provisions are not comprehensive. However, the Committee noted that the Child Care, Protection and Justice Bill, which was adopted on 28 June 2010, contains a definition of child trafficking and imposes a penalty of life imprisonment for convicted traffickers, and expressed the firm hope that the adopted version of the Child Care, Protection and Justice Bill prohibits the sale and trafficking (both internal and cross-border) of all persons under 18 years of age for the purposes of labour and sexual exploitation.

The Committee notes that section 179(1) of the Child Care, Protection and Justice Act provides that a person who takes part in any transaction involving child trafficking is liable to life imprisonment. According to section 179(2), child trafficking means the recruitment, transaction, transfer, harbouring or receipt of a child for the purposes of exploitation. The Committee observes, however, that according to section 2(d) of the same Act, a “child” means a person below the age of 16 years. The Committee reminds the Government that by virtue of Article 3(a) of the Convention, Member States are required to prohibit the sale and trafficking of all children under 18 years of age. The Committee accordingly urges the Government to take immediate measures to ensure that the Child Care, Protection and Justice Act is amended to extend the prohibition of sale and trafficking to cover all children under the age of 18, as a matter of urgency. The Committee also requests the Government to provide information on the application in practice of this Act, including in particular, statistics on the number and nature of violations reported, investigations, prosecutions, convictions and penal sanctions imposed.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. In its previous comments, the Committee observed that the use, procuring or offering of young persons under 18 years of age for prostitution, for the production of pornography or for pornographic performances existed in Malawi and that national legislation did not appear to prohibit these worst forms of child labour. The Committee noted the Government’s statement in its report to the Committee on the Rights of the Child (CRC) of 17 July 2008, that, while there are no data available on the number of children involved in sexual exploitation, including prostitution and pornography, these are recognized problems in the country (CRC/C/MWI/2, paragraph 323). However, the Committee noted the Government’s indication that it endeavoured to include such a prohibition in the ongoing review of labour laws, including the Employment (Amendment) Bill, which was going through a final round of examination prior to submission to the Ministry of Justice.

The Committee notes that the Government’s report contains no new information on the adoption of the Employment (Amendment) Bill. It notes, however, the Government’s statement that the Child Care, Protection and Justice Act prohibits the procuring or offering of boys and girls under the age of 16 years for the purpose of prostitution, for the production of pornography or for pornographic performances. In this regard, the Committee observes that section 84(1)(d) only provides that a social welfare officer who has reasonable grounds to believe that a child is being used for the purposes of prostitution or immoral practices may remove and temporarily place the child in a place of safety.

The Committee reminds the Government that Article 3(b) of the Convention requires Member States to prohibit the use, procuring or offering of a child under 18 years for prostitution, for the production of pornography or for pornographic performances. The Committee once again expresses its deep concern at the continued lack of regulation to prohibit the commercial sexual exploitation of children, and once again draws the Government’s attention to its obligation under Article 1 to take immediate measures to prohibit the worst forms of child labour. The Committee accordingly urges the Government to take the necessary measures, as a matter of urgency, to ensure the adoption of national legislation prohibiting the use, procuring or offering of both boys and girls under 18 years of age, for the purpose of prostitution, for the production of pornography or for pornographic performances, and to include sufficiently effective and dissuasive sanctions in this legislation. It requests the Government to provide information on the progress made in this regard.

Article 4(1). Determination of types of hazardous work. Following its previous comments, the Committee notes the Government’s information that a list of hazardous work for children is in the process of being finalized. Observing that the Government has been referring to the List of Hazardous Work since 2006, the Committee urges the Government to take the necessary measures to ensure that the draft list of types of hazardous work is adopted as a matter of urgency. It requests the Government to provide a copy of this list as soon as it is adopted.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and providing assistance for the removal of children from these types of work and for their rehabilitation and social integration. Children engaged in hazardous work in commercial agriculture, particularly tobacco estates. In its previous comments, the Committee noted that, according to the summary outline for the ILO–IPEC Action Programme of 2007, entitled “Mzimba Project on Elimination of Child Labour”, there were 734,845 child labourers working in the agricultural sector in Malawi, out of which 288,341 were working in hazardous occupations. It also noted that the CRC, in its concluding observations of 27 March 2009, expressed concern that many children between 15–17 are engaged in work that is considered as hazardous, especially in the tobacco and tea estate sector, which continues to be a major source of child labour (CRC/C/MWI/CO/2, paragraph 66). The Committee noted that ILO–IPEC was implementing several action programmes in the tobacco sector, which sought to withdraw children from hazardous work and reintegrate these children into formal and non-formal educational programmes, as well as to raise awareness about child labour in agriculture.

The Committee notes the Government’s information that labour inspections have been undertaken in the tobacco sector, to help withdraw children from this sector, to rehabilitate and then to send them back to school. It further notes that, within the framework of the National Action Plan (NAP) on Child Labour, it is envisaged to improve awareness of child labour at all levels; prevent and withdraw children from such labour; and provide these children with educational opportunities. In this regard, the NAP on Child Labour indicates that the agricultural sector, including tobacco plantations and family farms, constitutes one of its sectoral priorities, as it accounts for 53 per cent of child labour in the country. The Committee urges the Government to strengthen its efforts to protect children from hazardous work in the tobacco sector through measures taken within the framework of the NAP on Child Labour. In this regard, it requests the Government to provide concrete information on the number of children who have been thus prevented or withdrawn from engaging in this type of hazardous work, and then rehabilitated and socially integrated.

Clause (e). Special situation of girls. The Committee previously noted that, according to the Malawi child labour survey of 2002, all the child victims of commercial sexual exploitation were girls. Half of these girls had lost both of their parents, while 65 per cent of them did not attend school past the second year. The Committee also noted that the Committee on the Elimination of Discrimination against Women, in its concluding observations of 5 February 2010, expressed concern at the extent to which women and girls are involved in sexual exploitation, including prostitution, and the limited statistical data regarding these issues (CEDAW/C/MWI/CO/6, paragraph 24). It therefore requested the Government to provide information on the measures taken to protect girls under the age of 18 from commercial sexual exploitation.

The Committee notes with regret that the Government provides no information on this point in its report. It therefore urges the Government to strengthen its efforts to prevent girls under the age of 18 from becoming victims of commercial sexual exploitation, and to remove and rehabilitate victims of this worst form of child labour, within the framework of the NAP on Child Labour or otherwise. It once again requests the Government to provide information on the concrete measures taken in this regard, as well as information on the impact of these measures. To the extent possible, all information provided should be disaggregated by age and sex.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 3 of the Convention and Part III of the report form. Worst forms of child labour and court decisions. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. In its previous comments, the Committee noted that, although various penal provisions relate to the offences of abduction and trafficking, these provisions are not comprehensive. It noted a 2005 case where a man (who had smuggled ten Malawian children) was found guilty under the Employment Act of employing persons under the minimum age, and under the age of 18, in harmful activities. The resident magistrate stated the need for Parliament to expressly enact a law addressing the illegal trafficking of young persons. In this regard, the Committee noted the Government’s indication that the Malawi Law Commission had initiated a process of consultations for the development of a law on human trafficking.

The Committee notes the Government’s statement that the process of developing a law on trafficking is still ongoing under the auspices of the Law Commission. The Committee also notes the Government’s statement in its report to the Committee on the Rights of the Child (CRC) of 17 July 2008, that existing laws (and proposed reforms to the Penal Code) are inadequate and that weak immigration rules and procedures have created an environment conducive to trafficking (CRC/C/MWI/2, paragraph 166). The Committee also notes the information in a report on trafficking in persons in Malawi of 14 June 2010, available on the website of the Office of the High Commissioner for Refugees (www.unhcr.org) (Trafficking Report), indicating that, for the second year, the Malawi Law Commission has not completed the drafting of the comprehensive anti-trafficking legislation. The Committee further notes that the CRC, in its concluding observation of 27 March 2009, expressed concern at reports that children have been trafficked abroad and at the fact that perpetrators of trafficking of children are not brought to justice (CRC/C/MWI/CO/2, paragraph 27).

However, the Committee notes that, according to information available at the Office, the Child Care, Protection and Justice Bill was adopted on 28 June 2010. The Trafficking Report indicates that the draft of this Bill contained a definition of child trafficking and imposed a penalty of life imprisonment for convicted traffickers. The Committee expresses the firm hope that the adopted version of the Child Care, Protection and Justice Bill prohibits the sale and trafficking (both internal and cross-border) of all persons under 18 years of age for the purposes of labour and sexual exploitation. The Committee requests the Government to provide of a copy of the Child Care, Protection and Justice Bill. It also requests the Government to provide information on the practical application of the provisions in the Child Care, Protection and Justice Bill related to trafficking, including the number and nature of the contraventions reported, the investigations undertaken, prosecutions, convictions and the penal sanctions imposed. Lastly, it requests the Government to provide information on the progress made towards the adoption of comprehensive anti-trafficking legislation.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. In its previous comments, the Committee observed that the use, procuring or offering of young persons under 18 years of age for prostitution, for the production of pornography or for pornographic performances existed in Malawi and that national legislation did not appear to prohibit these worst forms of child labour. However, the Committee noted the Government’s indication that it endeavoured to include such a prohibition in the ongoing review of labour laws, which was going through a final round of examination prior to submission to the Ministry of Justice. The Committee requested the Government to take the necessary measures to adopt this legislation, as a matter of urgency.

The Committee notes the information in the Government’s report that the Employment (Amendment) Bill has yet to be adopted, though it notes the Government’s statement that it will do everything possible to ensure that this Bill is prioritized by Cabinet and Parliament. The Committee also notes the Government’s statement in its report to the CRC of 17 July 2008, that, while there is no data available on the number of children involved in sexual exploitation, including prostitution and pornography, these are recognized problems in the country (CRC/C/MWI/2, paragraph 323). The Government further indicates in this report that prostitution generally is unregulated, to the detriment of women and child sex workers (CRC/C/MWI/2, paragraph 329).

In this regard, the Committee expresses its deep concern at the continued lack of regulation of child commercial sexual exploitation, and once again draws the Government’s attention to its obligation under Article 1 to take “immediate” measures to prohibit the worst forms of child labour. The Committee urges the Government to take the necessary measures, as a matter of urgency, to ensure the adoption of national legislation prohibiting the use, procuring or offering of both boys and girls under 18 years of age, for the purpose of prostitution, for the production of pornography or for pornographic performances. It requests the Government to include sufficiently effective and dissuasive sanctions in this legislation, and to provide a copy of this legislation, once adopted.

Article 4(1). Determination of types of hazardous work. In its previous comments, the Committee noted that section 22(2) of the Employment Act provides that the Minister may, in consultation with relevant organizations of employers and employees, specify, by notice published in the Gazette, occupations or activities which, in the Minister’s opinion, are likely to be harmful to the health, safety, education, morals or development of persons between the ages of 14 and 18 years. The Committee noted the Government’s indication that consultative workshops had been held on this topic, and that a final draft list of types of hazardous work would be submitted to the Ministry of Justice.

The Committee notes the Government’s statement that the draft list has been submitted for final vetting and gazetting, and that this list should be ready in the second half of 2010. The Committee requests the Government to take the necessary measures to ensure that the draft list of types of hazardous employment is adopted in the near future. It also requests the Government to provide a copy of this list once adopted.

Article 5. Monitoring mechanisms. Child labour monitoring system. The Committee previously noted the establishment of the National Steering Committee on Child Labour, the National Task Force on the Elimination of Child Labour and the Child Labour Monitoring System (CLMS). The Committee also noted the Government’s statement that it intended to ask for ILO support and assistance to review the CLMS in order to render it more manageable, practical and sustainable.

The Committee notes the information in the Government’s report that the ILO Country Programme 2005–08 supported the review and streamlining of the CLMS’s data collection form and the development of a database. The Committee also notes the Government’s statement that a design flaw has prevented the system from being functional but that it will engage ILO–IPEC for technical assistance for this problem. The Committee strongly encourages the Government to take measures, in collaboration with ILO–IPEC, to develop and improve the CLMS system in order to monitor the implementation of the provisions giving effect to the Convention. It requests the Government to provide information on progress made in this regard.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and providing assistance for the removal of children from these types of work and for their rehabilitation and social integration. 1. Trafficking in children. The Committee previously noted that the Ministry of Women and Child Development was carrying out a baseline survey on child trafficking, the results of which would be used to advance the anti-child trafficking strategies in the country. The Committee requested information from this baseline survey, once finalized.

The Committee notes the information in the Government’s reply to the list of issues of the CRC of 9 January 2009, that the child trafficking study failed to collect data on how many cases of trafficking were registered in Malawi. The Government also states in this report that the child trafficking study indicated that there is more internal child trafficking than cross-border child trafficking in Malawi (CRC/C/MWI/Q/2/Add.1, paragraph 66). The Committee also notes the information in the Government’s report to the Committee on the Elimination of Discrimination against Women (CEDAW) of 20 October 2008, that the International Organization for Migration (IOM), in collaboration with the Government and NGO partners, is implementing a project in the region to prevent trafficking in persons, to protect victims and provide them with rehabilitative assistance, or with return and reintegration options. The Government further indicates in this report that the Police Service and the Immigration Department has put in place mechanisms for the protection of victims of trafficking, including Child Protection Units which provide support and shelter to victims (CEDAW/C/MWI/6, paragraph 157). The Committee further notes the information in the Trafficking Report that the Government provided law enforcement, immigration, and social services personnel with basic training in identifying victims of trafficking. The Trafficking Report also indicates that an inter-ministerial task force on human trafficking, led by the Ministry of Women and Child Development, began drafting a national plan of action on trafficking which is not yet complete. The Committee encourages the Government to take the necessary measures to ensure that the national plan of action on trafficking includes measures for the prevention of the trafficking of persons under 18, in addition to their removal and rehabilitation.

2. Children engaged in hazardous work in commercial agriculture, particularly tobacco estates. In its previous comments, the Committee noted that, according to the summary outline for the ILO–IPEC Action Programme of 2007, entitled “Mzimba Project on Elimination of Child Labour”, there were 734,845 child labourers working in the agricultural sector in Malawi, out of which 288,341 were working in hazardous occupations. The Committee also noted that ILO–IPEC was implementing several action programmes in the tobacco sector, which sought to withdraw children from hazardous work and reintegrate these children into formal and non-formal educational programmes. The Committee requested information on the impact of these projects.

The Committee notes the Government’s statement that it is still receiving reports from the implementing partners on this topic, and that it will provide this information in its next report. The Committee also notes that the ILO–IPEC final technical progress report for the “Country Programme to Combat Child Labour in Malawi” of January 2009 (ILO–IPEC FTPR) indicates that, through the programme’s support, the Employers’ Association of Malawi produced a child labour guide for members, which was distributed to its members and tobacco farmers in four districts. The ILO–IPEC FTPR also indicates that the Employers’ Consultative Association of Malawi, in collaboration with the Tobacco Association of Malawi, initiated sensitization on child labour issues for tobacco councillors from the Mchinji and Kasungu districts. Furthermore, the Committee notes the information in the ILO–IPEC technical progress report for the project entitled “Project of support to the national action plan to combat child labour in Malawi” of 18 March 2010 that this new project includes work with tobacco and tea companies for the elimination of child labour. Nonetheless, the Committee notes that the CRC, in its concluding observations of 27 March 2009, expressed concern that many children between 15 and 17 are engaged in work that is considered as hazardous, especially in the tobacco and tea estate sector, which continues to be a major source of child labour (CRC/C/MWI/CO/2, paragraph 66). The Committee therefore requests the Government to redouble its efforts to remove children from hazardous work in the tobacco sector, and to provide for their rehabilitation. The Committee requests the Government to provide information on measures taken in this regard, and on the results achieved.

Clause (d). Identifying children at special risk. 1. Children orphaned by HIV/AIDS. The Committee previously noted that, according to the National Plan of Action for Orphans and Other Vulnerable Children 2005–09 (NPA for OVC), around 500,000 children were orphaned due to HIV/AIDS in 2004. It also noted that a strategic objective of the NPA for OVC was “to protect the most vulnerable children through improved policy and legislation, leadership and efficient coordination at all levels” and requested information on the impact of this initiative on the elimination of the worst forms of child labour.

The Committee notes the Government’s statement that it is difficult to measure the impact of the NPA for OVC on child labour, in the absence of specific studies in this regard. The Government indicates that more information may be available following the planned child labour survey in 2010. The Committee also notes the information in the ILO–IPEC FTPR of January 2009, that one of the objectives of the “Country Programme to Combat Child Labour in Malawi” was to strengthen community based safety nets and mechanisms that support HIV/AIDS affected children and OVCs. In this context, in collaboration with UNICEF and the World Food Programme, OVCs withdrawn from child labour received support in Thyolo, Mulanje and Phalombe through school feeding and home rations projects, and targeted families received assistance in the form of business start-up support and the provision of subsidized fertilizers.

The Committee notes the information from UNAIDS that there are approximately 560,000 orphans in Malawi due to HIV/AIDS. The Committee also notes the Government’s indication in its UNGASS country report of 31 March 2010 that only 18.5 per cent of OVCs receive support through governmental initiatives, and that 81.5 per cent of OVCs receive no support at all. The Committee recalls that orphans are at an increased risk of being engaged in the worst forms of child labour and therefore encourages the Government to strengthen its efforts to ensure that children orphaned by HIV/AIDS are prevented from being engaged in the worst forms of child labour. The Committee requests the Government to provide information on the concrete measures taken in this regard.

2. Street children. In its previous comments, the Committee noted that the CRC, in its concluding observations of April 2002 (CRC/C/15/Add.174, paragraph 65), expressed concern at the increasing number of street children and at the lack of specific policies and programmes to address this situation. The Committee also noted information from a 2002 survey that indicated that over 400 children live and work in the streets in Malawi. The Government indicated that it operated a drop-in centre and that it had established a child network for street children, while four NGOs provided them with rehabilitation services.

The Committee notes that the CRC, in its concluding observations of 27 March 2009 reiterated its concern at the increasing number of children living in the streets and at the Government’s lack of specific policies and programmes to address the situation (CRC/C/MWI/CO/2, paragraph 68). Recalling that street children are particularly vulnerable to the worst forms of child labour, the Committee requests the Government to strengthen its efforts to remove these children from the street and provide for their rehabilitation and social reintegration. It requests the Government to provide information on measures taken in this regard.

Clause (e). Special situation of girls. The Committee previously noted that, according to the Malawi child labour survey, all the child victims of commercial sexual exploitation were girls. Half of these girls had lost both of their parents, while 65 per cent of them did not attend school past the second year. The Committee requested information on the number of girls removed from sexual exploitation. The Committee notes an absence of information in the Government’s report on this point. However, the Committee notes the information in the Government’s report to the CRC of 17 July 2008, that the Ministry of Women and Child Development, through its District Social Welfare Offices, is raising awareness on commercial sexual exploitation and providing assistance to victims. The Government indicates that these offices lack adequate resources to meet the basic needs of the withdrawn children and, as the victims have no alternate sources of income, they often return to work after receiving assistance (CRC/C/MWI/2, paragraph 332). The Committee also notes that the CEDAW, in its concluding observations of 5 February 2010, expressed concern at the extent to which women and girls are involved in sexual exploitation, including prostitution, and the limited statistical data regarding these issues (CEDAW/C/MWI/CO/6, paragraph 24). The Committee requests the Government to redouble its efforts to prevent girls under the age 18 from becoming victims of commercial sexual exploitation, and to remove and rehabilitate victims of this worst form of child labour. It requests the Government to provide information on the concrete measures taken in this regard, as well as information on the impact of these measures. To the extent possible, all information provided should be disaggregated by sex and age.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 3 of the Convention and Part III of the report form. Worst forms of child labour and court decisions. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. In its previous comments, the Committee noted that, in its concluding observations on the initial report of Malawi in April 2002 (CRC/C/15/Add.174, paragraphs 63 and 64), the Committee on the Rights of the Child expressed concern at information on alleged instances of trafficking in children. The Committee had further noted the Government’s indication that it is currently reviewing national laws relating to human trafficking.

The Committee notes that, in criminal case No. 347/05 of the resident magistrate court sitting at Mchinji court, dated 20 August 2005, the accused, a national from Zambia, had employed ten Malawian children to work on his farm in Zambia. In order to punish the act of smuggling these children into Zambia, the resident magistrate found the accused guilty of violating section 21 of the Employment Act, which prohibits any person from engaging children under 14 years, and section 66, which provides for the prohibition of engaging young persons under 18 in an occupation or activity harmful to their health, safety, education and morals. The Committee notes that, in his judgement, the resident magistrate states that Parliament needs to expressly enact a law addressing the illegal trafficking of young persons, with the aim of preventing and combating trafficking, and to protect the rights, of young persons. In this regards, the Committee notes the Government’s information that the Malawi Law Commission initiated a process of consultations for the development of a law on human trafficking. The Committee expresses the hope that the new law on human trafficking will ensure the protection of children under 18 years of age from sale and trafficking for economic and sexual exploitation. It requests the Government to provide information on the progress made in the elaboration of the law on human trafficking and to provide a copy thereof as soon as it is adopted.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. In its previous comments, the Committee had observed that the use, procuring or offering of young persons under 18 years of age for prostitution, for the production of pornography or for pornographic performances appeared to exist in Malawi, but that national legislation did not appear to prohibit this worst form of child labour. The Committee had also noted the Government’s indication that the labour laws were being reviewed and that this issue would be taken into consideration by all stakeholders and that the Malawi Censorship Board was doing its best on this matter.

The Committee notes the Government’s information that it will endeavour to include a prohibition against the use, procuring or offering of a child for prostitution, production of pornography or pornographic performances in the current review of labour laws, which is going through a final round of examination before being submitted to the Ministry of Justice. The Government also indicates that the Malawi Law Commission has also elaborated a child protection bill, in which some of the concerns of the Committee are addressed. In this regard, the Committee once again draws the Government’s attention to its obligation under Article 1 to take “immediate” measures to prohibit the worst forms of child labour. The Committee therefore urges the Government to take the necessary measures to adopt the national legislation, including the new child protection bill amendments to the labour laws and, to ensure the prohibition of the use, procuring or offering of persons under 18 years of age for prostitution, for the production of pornography or for pornographic performances, as a matter of urgency. It requests the Government to include sufficiently effective and dissuasive sanctions in this legislation. The Committee requests the Government to provide information, in its next report, on the progress made in this regard.

Article 4, paragraph 1. Determination of types of hazardous work. In its previous comments, the Committee had noted that section 22(2) of the Employment Act provides that the Minister may, in consultation with relevant organizations of employers and employees, specify, by notice published in the Gazette, occupations or activities which, in the Minister’s opinion, are likely to be harmful to the health, safety, education, morals or development of persons between the ages of 14 and 18 years. The Committee had noted the Government’s indication that a draft list of hazardous types of employment or work had been established and was ready to be discussed with stakeholders. The Committee reminded the Government that, by virtue of Article 4(1), of the Convention, the competent authority is obliged to determine the types of hazardous work, after consultation with the organizations of employers and workers concerned. The Committee notes the Government’s information, provided under Convention No. 138, that several consultative workshops were held and that the final draft list of types of hazardous work when produced will be submitted to the Ministry of Justice for further action. The Committee requests the Government to take immediate measures to ensure that the draft list of types of hazardous employment is adopted in the near future. It requests the Government to provide a copy of this list as soon as it is adopted.

Article 5. Monitoring mechanisms. Child labour monitoring system. The Committee had previously noted the establishment of the National Steering Committee (NSC) on child labour, the National Task Force on the Elimination of Child Labour and the Child Labour Monitoring System (CLMS). It had particularly noted that, at the national level, the Child Labour Unit in the Ministry of Labour and Vocational Training (IAs) provided the technical back up to the monitoring. The Unit facilitated the setting up of the monitoring system, mobilized the actors and stakeholders, helped the District Child Labour Committees (DCLCs) identify supervisors and provided the monitors and supervisors with continuous training and logistical support. At the same level, the main tasks of the NSC and the Technical Working Group were to advise on the necessary steps to be undertaken after the analysis of trends of child labour has taken place and on policy issues to be designed and developed in regard to child labour. At the district level, the child labour monitoring primarily targeted four impact districts, namely Kasungu, Mzimba and Mchinji, and the communities of project implementation. The DCLCs, Area Child Labour Committees (traditional authority level) and the Community Child Labour Committees form a hub of alliance-building and implementation structure. All key government departments and stakeholders at district, area and community levels are members of the Child Labour Committees which have already been sensitized on the CLMS.

The Committee notes the Government’s information that the CLMS was initiated and implemented under the auspices of the ILO–IPEC project entitled “Prevention, withdrawal and rehabilitation of children engaged in hazardous work in the commercial agricultural sector in Africa (COMAGRI) – Commercial Agriculture”, and that the Ministry of Labour had spearheaded the pilot phase. However, the CLMS was not sustainable beyond the project’s life. The Government indicates that the new country programme has not attempted to pursue the implementation of the CLMS because the system was too ambitious and unmanageable. The Committee notes the Government’s information that it intends to ask for ILO support and assistance to review the existing system in order to render it more manageable or to develop a new system that would be more practical and sustainable. The Committee strongly encourages the Government to take measures to develop and improve the CLMS system in order to monitor the implementation of the provisions giving effect to the Convention and combat the worst forms of child labour. It requests the Government to provide information on progress made in this regard.

Article 7, paragraph 2. Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and providing assistance for the removal of children from these types of work and for their rehabilitation and social integration. 1. Trafficking in children. The Committee had previously noted that, in its initial report to the Committee on the Rights of the Child in June 2002 (CRC/C/8/Add.43, paragraph 371), the Government had indicated that there was no specific policy or programme regarding the sale, trafficking and abduction of children in Malawi and that it had not established any centre for the rehabilitation of the victims of trafficking.

The Committee notes the Government’s statement that it has embarked on a comprehensive campaign against child abuse, including child trafficking. In collaboration with UNICEF, the Government launched, in August 2007, a one-year Campaign Against Child Abuse which focuses on eight thematic areas, one of which is child trafficking. With the implementation of this campaign, DCLCs have been sensitized to the subject of child trafficking for labour exploitation in 11 districts and plans are under way to sensitize local communities, particularly border districts. The Committee notes the Government’s information that, although it has not yet established rehabilitation centres for trafficked children, the Ministry of Women and Child Development has built three regional transit centres which rehabilitate local victims of child trafficking in Malawi. Furthermore, the Ministry of Women and Child Development is carrying out a baseline survey on child trafficking, with assistance from ILO–IPEC. According to the Government’s information, the results of the study will be used to advance the anti-child trafficking strategies in the country. In this regard, and particularly with regard to the rehabilitation of child victims of trafficking, the Committee draws the Government’s attention to the report of 9 January 2008 submitted by the Special Rapporteur on the sale of children, child prostitution and child pornography to the Human Rights Council of the United Nations General Assembly, which offers guidelines for assistance and rehabilitation programmes and shelters, including medical care, psychological assistance, education and recreational activities (A/HRC/7/8, paragraphs 39–42). The Committee requests the Government to continue to provide information on the Campaign Against Child Abuse. It also requests the Government to provide information on the number of child victims of trafficking who were rehabilitated through the regional transit centres. Finally, it requests the Government to supply information on the results of the baseline survey on child trafficking, once it is finalized.

2. Children engaged in hazardous work in commercial agriculture, especially tobacco estates. Following its previous comments, the Committee notes that, according to the summary outline for the ILO–IPEC Action Programme of 2007, entitled “Mzimba Project on Elimination of Child Labour”, there are 734,845 child labourers working in the agricultural sector in Malawi, out of which 288,341 are working in hazardous occupations. The Committee notes that the programme intends to prevent 450 children (250 girls and 200 boys) and to withdraw 350 children (200 boys and 150 girls) aged 6–17 from the worst forms of child labour in the agricultural sector. The same programme also intends to reintegrate 250 children into formal or non-formal education, to rehabilitate 100 children through vocational training, and to reintegrate or repatriate 50 children into their families. The Committee further notes that the ILO–IPEC Action Programme entitled “TANARD Programme on Elimination of Child Labour in Mchinji and Kasungu” of January 2007 aims to withdraw children from the worst forms of child labour and rehabilitate them through formal and non-formal education arrangements, as well as vocational training for young persons aged 14–18. By the end of the project, 1,000 child labourers (450 girls and 550 boys) involved in work in various agricultural enterprises, especially tobacco estates, will have been withdrawn. The programme also aims to prevent 1,500 children (750 girls and 750 boys) from being engaged in such labour through awareness strategies and community sensitization. The Committee requests the Government to provide statistical data on the number of children who were in practice prevented from being engaged in or who were withdrawn from hazardous work in the agricultural sector and in tobacco plantations following the implementation of the programmes.

Clause (d). Identifying children at special risk. 1. Children orphaned by HIV/AIDS. The Committee had previously noted that, according to the United Nations Joint Programme on HIV/AIDS (UNAIDS), the problem of HIV/AIDS is increasing in Malawi. In this respect, the Committee had noted that, in its concluding observations on the initial report of Malawi in April 2002 (CRC/C/15/Add.174, paragraph 47), the Committee on the Rights of the Child indicated that, while noting the existence of the National AIDS Control Programme, the National Task Force on Orphans and the Orphan Care Programme, it remained extremely concerned at the high incidence and increasing prevalence of HIV/AIDS amongst adults and children and the resulting high and increasing number of children orphaned by HIV/AIDS. The Committee had noted the Government’s indication that a National Plan of Action for Orphans and Other Vulnerable Children 2005–09 (NPA for OVC), a Technical Support and Advisory Unit in the Ministry of Gender, Child Welfare and Community Services and a Childhood Development Policy were established. However, it had noted that, according to the NPA for OVC, around 500,000 children were orphans due to HIV/AIDS in 2004, and more than 1 million children were orphans in Malawi in 2005. It had also noted the Strategic Objective No. 3 of the NPA for OVC is “to protect the most vulnerable children through improved policy and legislation, leadership, efficient coordination at all levels”.

The Committee notes that, according to the technical progress report of March 2007 for the ILO–IPEC project entitled “Country Programme to Combat Child Labour in Malawi”, two country projects were launched on 26 February 2007: the ILO HIV/AIDS Workplace Education Programme and the HIV/AIDS in Transport Sector. The projects intend to add value to the ILO–IPEC programme and its involvement with tripartite partners by mainstreaming the subject of HIV/AIDS in the child labour programmes and sharing lessons on the impact of HIV/AIDS in Malawi. Recalling that HIV/AIDS has consequences for orphans, for whom there is an increased risk of being engaged in the worst forms of child labour, the Committee requests the Government to provide information on the impact of the NPA for OVC as well as of the ILO–IPEC HIV/AIDS projects towards eliminating the worst forms of child labour, in its next report.

2. Street children. In its previous comments, the Committee had noted that, in its concluding observations on the initial report of Malawi in April 2002 (CRC/C/15/Add.174, paragraph 65), the Committee on the Rights of the Child expressed concern at the increasing number of street children and at the lack of specific policies and programmes to address this situation. The Committee had also noted that, according to the study entitled “Malawi Child Labour Survey”, produced by the Government with the collaboration of ILO–IPEC and published in February 2002, over 400 children live and work in the streets in Malawi. The Government had indicated that four NGOs, namely Chisomo Children’s Club, Tikondane Orphan Acre, Samaritan Trust and Eye of the Child, provide rehabilitation services for street children. The Government had also indicated that it had established a drop-in centre which will provide a 24-hour free helpline for street children and those that are abused. Moreover, the Government had indicated that it is in the process of conducting a countrywide survey to substantiate the numbers of abused children. The Committee notes the Government’s additional information that, with the financial support of UNICEF and in collaboration with NGOs, it has created a child network for street children. The Committee once again requests the Government to provide information on the impact of these measures in protecting street children and providing assistance for their removal as well as their rehabilitation and social integration. It also once again requests the Government to communicate a copy of the countrywide survey on the number of abused children once it has been completed and requests it to provide information on the progress made in this regard.

Clause (e). Special situation of girls. The Committee had previously noted that, according to the Malawi Child Labour Survey, all the child victims of commercial sexual exploitation, including prostitution, are girls. Almost seven out of every ten girls involved in commercial sexual exploitation have lost one of their parents or do not know where they are, and one in every two have lost both parents. The majority of children who are victims of commercial sexual exploitation, namely 65 per cent of cases, do not attend school beyond the second year. The Committee had noted the Government’s indication that it has established a social support centre for sex workers which provides the following services: skills training and development; psychosocial support and counselling; reintegration; income-generating activities; HIV/AIDS treatment; and hotline helpline. It further notes the Government’s information that it is planning to build a reformatory school for girls. The Committee once again requests the Government to provide information on the impact of the measures taken, particularly in terms of statistical data on the number of girls under 18 who are in practice removed from commercial sexual exploitation and who are rehabilitated.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 3 of the Convention and Part III of the report form. Worst forms of child labour and court decisions. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. In its previous comments, the Committee noted that in its concluding observations on the initial report of Malawi in April 2002 (CRC/C/15/Add.174, paragraphs 63 and 64), the Committee on the Rights of the Child expressed concern at information on alleged instances of trafficking in children. The Committee had further noted the Government’s indication that it is currently reviewing national laws relating to human trafficking.

The Committee notes that, in criminal case No. 347/05 of the resident magistrate court sitting at Mchinji court, dated 20 August 2005, the accused, a national from Zambia, had employed ten Malawian children to work on his farm in Zambia. In order to punish the act of smuggling these children into Zambia, the resident magistrate found the accused guilty of violating section 21 of the Employment Act, which prohibits any person from engaging children under 14 years, and section 66, which provides for the prohibition of engaging young persons under 18 in an occupation or activity harmful to their health, safety, education and morals. The Committee notes that, in his judgement, the resident magistrate states that the Parliament needs to expressly enact a law addressing the illegal trafficking of young persons, with the aim of preventing and combating trafficking, and to protect the rights, of young persons. In this regards, the Committee notes the Government’s information that the Malawi Law Commission initiated a process of consultations for the development of a law on human trafficking. The Committee expresses the hope that the new law on human trafficking will ensure the protection of children under 18 years of age from sale and trafficking for economic and sexual exploitation. It requests the Government to provide information on the progress made in the elaboration of the law on human trafficking and to provide a copy thereof as soon as it is adopted.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. In its previous comments, the Committee had observed that the use, procuring or offering of young persons under 18 years of age for prostitution, for the production of pornography or for pornographic performances appeared to exist in Malawi, but that national legislation did not appear to prohibit this worst form of child labour. The Committee had also noted the Government’s indication that the labour laws were being reviewed and that this issue would be taken into consideration by all stakeholders and that the Malawi Censorship Board was doing its best on this matter.

The Committee notes the Government’s information that it will endeavour to include a prohibition against the use, procuring or offering of a child for prostitution, production of pornography or pornographic performances in the current review of labour laws, which is going through a final round of examination before being submitted to the Ministry of Justice. The Government also indicates that the Malawi Law Commission has also elaborated a child protection bill, in which some of the concerns of the Committee are addressed. In this regard, the Committee once again draws the Government’s attention to its obligation under Article 1 to take “immediate” measures to prohibit the worst forms of child labour. The Committee therefore urges the Government to take the necessary measures to adopt the national legislation, including the new child protection bill amendments to the labour laws and, to ensure the prohibition of the use, procuring or offering of persons under 18 years of age for prostitution, for the production of pornography or for pornographic performances, as a matter of urgency. It requests the Government to include sufficiently effective and dissuasive sanctions in this legislation. The Committee requests the Government to provide information, in its next report, on the progress made in this regard.

Article 4, paragraph 1. Determination of types of hazardous work. In its previous comments, the Committee had noted that section 22(2) of the Employment Act provides that the Minister may, in consultation with relevant organizations of employers and employees, specify, by notice published in the Gazette, occupations or activities which, in the Minister’s opinion, are likely to be harmful to the health, safety, education, morals or development of persons between the ages of 14 and 18 years. The Committee had noted the Government’s indication that a draft list of hazardous types of employment or work had been established and was ready to be discussed with stakeholders. The Committee reminded the Government that, by virtue of Article 4, paragraph 1, of the Convention, the competent authority is obliged to determine the types of hazardous work, after consultation with the organizations of employers and workers concerned. The Committee notes the Government’s information, provided under Convention No. 138, that several consultative workshops were held and that the final draft list of types of hazardous work when produced will be submitted to the Ministry of Justice for further action. The Committee requests the Government to take immediate measures to ensure that the draft list of types of hazardous employment is adopted in the near future. It requests the Government to provide a copy of this list as soon as it is adopted.

Article 5. Monitoring mechanisms. Child labour monitoring system. The Committee had previously noted the establishment of the National Steering Committee (NSC) on child labour, the National Task Force on the Elimination of Child Labour and the Child Labour Monitoring System (CLMS). It had particularly noted that, at the national level, the Child Labour Unit in the Ministry of Labour and Vocational Training (IAs) provided the technical back up to the monitoring. The Unit facilitated the setting up of the monitoring system, mobilized the actors and stakeholders, helped the District Child Labour Committees (DCLCs) identify supervisors and provided the monitors and supervisors with continuous training and logistical support. At the same level, the main tasks of the NSC and the Technical Working Group were to advise on the necessary steps to be undertaken after the analysis of trends of child labour has taken place and on policy issues to be designed and developed in regard to child labour. At the district level, the child labour monitoring primarily targeted four impact districts, namely Kasungu, Mzimba and Mchinji, and the communities of project implementation. The DCLCs, Area Child Labour Committees (traditional authority level) and the Community Child Labour Committees form a hub of alliance-building and implementation structure. All key government departments and stakeholders at district, area and community levels are members of the Child Labour Committees which have already been sensitized on the CLMS.

The Committee notes the Government’s information that the CLMS was initiated and implemented under the auspices of the ILO/IPEC project entitled “Prevention, withdrawal and rehabilitation of children engaged in hazardous work in the commercial agricultural sector in Africa (COMAGRI) – Commercial Agriculture”, and that the Ministry of Labour had spearheaded the pilot phase. However, the CLMS was not sustainable beyond the project’s life. The Government indicates that the new country programme has not attempted to pursue the implementation of the CLMS because the system was too ambitious and unmanageable. The Committee notes the Government’s information that it intends to ask for ILO support and assistance to review the existing system in order to render it more manageable or to develop a new system that would be more practical and sustainable. The Committee strongly encourages the Government to take measures to develop and improve the CLMS system in order to monitor the implementation of the provisions giving effect to the Convention and combat the worst forms of child labour. It requests the Government to provide information on progress made in this regard.

Article 7, paragraph 2. Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and providing assistance for the removal of children from these types of work and for their rehabilitation and social integration. 1 Trafficking in children. The Committee had previously noted that, in its initial report to the Committee on the Rights of the Child in June 2002 (CRC/C/8/Add.43, paragraph 371), the Government had indicated that there was no specific policy or programme regarding the sale, trafficking and abduction of children in Malawi and that it had not established any centre for the rehabilitation of the victims of trafficking.

The Committee notes the Government’s statement that it has embarked on a comprehensive campaign against child abuse, including child trafficking. In collaboration with UNICEF, the Government launched, in August 2007, a one‑year Campaign Against Child Abuse which focuses on eight thematic areas, one of which is child trafficking. With the implementation of this campaign, DCLCs have been sensitized to the subject of child trafficking for labour exploitation in 11 districts and plans are under way to sensitize local communities, particularly border districts. The Committee notes the Government’s information that, although it has not yet established rehabilitation centres for trafficked children, the Ministry of Women and Child Development has built three regional transit centres which rehabilitate local victims of child trafficking in Malawi. Furthermore, the Ministry of Women and Child Development is carrying out a baseline survey on child trafficking, with assistance from ILO/IPEC. According to the Government’s information, the results of the study will be used to advance the anti-child trafficking strategies in the country. In this regard, and particularly with regard to the rehabilitation of child victims of trafficking, the Committee draws the Government’s attention to the report of 9 January 2008 submitted by the Special Rapporteur on the sale of children, child prostitution and child pornography to the Human Rights Council of the United Nations General Assembly, which offers guidelines for assistance and rehabilitation programmes and shelters, including medical care, psychological assistance, education and recreational activities (A/HRC/7/8, paragraphs 39–42). The Committee requests the Government to continue to provide information on the Campaign Against Child Abuse. It also requests the Government to provide information on the number of child victims of trafficking who were rehabilitated through the regional transit centres. Finally, it requests the Government to supply information on the results of the baseline survey on child trafficking, once it is finalized.

2. Children engaged in hazardous work in commercial agriculture, especially tobacco estates. Following its previous comments, the Committee notes that, according to the summary outline for the ILO/IPEC Action Programme of 2007, entitled “Mzimba Project on Elimination of Child Labour”, there are 734,845 child labourers working in the agricultural sector in Malawi, out of which 288,341 are working in hazardous occupations. The Committee notes that the programme intends to prevent 450 children (250 girls and 200 boys) and to withdraw 350 children (200 boys and 150 girls) aged 6–17 from the worst forms of child labour in the agricultural sector. The same programme also intends to reintegrate 250 children into formal or non-formal education, to rehabilitate 100 children through vocational training, and to reintegrate or repatriate 50 children into their families. The Committee further notes that the ILO/IPEC Action Programme entitled “TANARD Programme on Elimination of Child Labour in Mchinji and Kasungu” of January 2007 aims to withdraw children from the worst forms of child labour and rehabilitate them through formal and non-formal education arrangements, as well as vocational training for young persons aged 14–18. By the end of the project, 1,000 child labourers (450 girls and 550 boys) involved in work in various agricultural enterprises, especially tobacco estates, will have been withdrawn. The programme also aims to prevent 1,500 children (750 girls and 750 boys) from being engaged in such labour through awareness strategies and community sensitization. The Committee requests the Government to provide statistical data on the number of children who were in practice prevented from being engaged in or who were withdrawn from hazardous work in the agricultural sector and in tobacco plantations following the implementation of the programmes.

Clause (d). Identifying children at special risk. 1. Children orphaned by HIV/AIDS. The Committee had previously noted that, according to the United Nations Joint Programme on HIV/AIDS (UNAIDS), the problem of HIV/AIDS is increasing in Malawi. In this respect, the Committee had noted that, in its concluding observations on the initial report of Malawi in April 2002 (CRC/C/15/Add.174, paragraph 47), the Committee on the Rights of the Child indicated that, while noting the existence of the National AIDS Control Programme, the National Task Force on Orphans and the Orphan Care Programme, it remained extremely concerned at the high incidence and increasing prevalence of HIV/AIDS amongst adults and children and the resulting high and increasing number of children orphaned by HIV/AIDS. The Committee had noted the Government’s indication that a National Plan of Action for Orphans and Other Vulnerable Children 2005–09 (NPA for OVC), a Technical Support and Advisory Unit in the Ministry of Gender, Child Welfare and Community Services and a Childhood Development Policy were established. However, it had noted that, according to the NPA for OVC, around 500,000 children were orphans due to HIV/AIDS in 2004, and more than 1 million children were orphans in Malawi in 2005. It had also noted the Strategic Objective No. 3 of the NPA for OVC is “to protect the most vulnerable children through improved policy and legislation, leadership, efficient coordination at all levels”.

The Committee notes that, according to the technical progress report of March 2007 for the ILO/IPEC project entitled “Country Programme to Combat Child Labour in Malawi”, two country projects were launched on 26 February 2007: the ILO HIV/AIDS Workplace Education Programme and the HIV/AIDS in Transport Sector. The projects intend to add value to the ILO/IPEC programme and its involvement with tripartite partners by mainstreaming the subject of HIV/AIDS in the child labour programmes and sharing lessons on the impact of HIV/AIDS in Malawi. Recalling that HIV/AIDS has consequences for orphans, for whom there is an increased risk of being engaged in the worst forms of child labour, the Committee requests the Government to provide information on the impact of the NPA for OVC as well as of the ILO/IPEC HIV/AIDS projects towards eliminating the worst forms of child labour, in its next report.

2. Street children. In its previous comments, the Committee had noted that, in its concluding observations on the initial report of Malawi in April 2002 (CRC/C/15/Add.174, paragraph 65), the Committee on the Rights of the Child expressed concern at the increasing number of street children and at the lack of specific policies and programmes to address this situation. The Committee had also noted that, according to the study entitled “Malawi Child Labour Survey”, produced by the Government with the collaboration of ILO/IPEC and published in February 2002, over 400 children live and work in the streets in Malawi. The Government had indicated that four NGOs, namely Chisomo Children’s Club, Tikondane Orphan Acre, Samaritan Trust and Eye of the Child, provide rehabilitation services for street children. The Government had also indicated that it had established a drop-in centre which will provide a 24-hour free helpline for street children and those that are abused. Moreover, the Government had indicated that it is in the process of conducting a countrywide survey to substantiate the numbers of abused children. The Committee notes the Government’s additional information that, with the financial support of UNICEF and in collaboration with NGOs, it has created a child network for street children. The Committee once again requests the Government to provide information on the impact of these measures in protecting street children and providing assistance for their removal as well as their rehabilitation and social integration. It also once again requests the Government to communicate a copy of the countrywide survey on the number of abused children once it has been completed and requests it to provide information on the progress made in this regard.

Clause (e). Special situation of girls. The Committee had previously noted that, according to the Malawi Child Labour Survey, all the child victims of commercial sexual exploitation, including prostitution, are girls. Almost seven out of every ten girls involved in commercial sexual exploitation have lost one of their parents or do not know where they are, and one in every two have lost both parents. The majority of children who are victims of commercial sexual exploitation, namely 65 per cent of cases, do not attend school beyond the second year. The Committee had noted the Government’s indication that it has established a social support centre for sex workers which provides the following services: skills training and development; psychosocial support and counselling; reintegration; income-generating activities; HIV/AIDS treatment; and hotline helpline. It further notes the Government’s information that it is planning to build a reformatory school for girls. The Committee once again requests the Government to provide information on the impact of the measures taken, particularly in terms of statistical data on the number of girls under 18 who are in practice removed from commercial sexual exploitation and who are rehabilitated.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. In its previous comments, the Committee noted the Government’s indication that this practice does not happen in Malawi. However, it also noted that, in its initial report to the Committee on the Right of the Child in June 2001 (CRC/C/8/Add.43, paragraph 370), the Government indicated that sections 135, 167 and 265 of the Penal Code establish various offences in relation to the abduction, trafficking and sale of children and provide for sentences of imprisonment. In its concluding observations on this initial report of Malawi in April 2002 (CRC/C/15/Add.174, paragraphs 63 and 64), the Committee on the Rights of the Child expressed concern at information on alleged instances of trafficking in children. The Committee requested the Government to provide information on the imposition of penalties in practice by providing, inter alia, reports on the number of convictions. The Committee noted the Government’s indication that there has been one case of trafficking involving ten children. The Committee also noted the Government’s indication that is currently reviewing national laws relating to human trafficking. The Committee therefore requests the Government to redouble its efforts to protect children under 18 years of age from sale and trafficking for economic and sexual exploitation. It hopes that the review of the national laws relating to human trafficking will be finalized in the near future and new provisions on this matter will be adopted soon. The Committee requests the Government to provide information on any progress achieved in this matter. Noting that the Government has not provided the Penal Code, it once again requests it to provide the Office with a copy of this Code.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee previously noted that, according to an analysis entitled “Malawi Child Labour Survey”, published in February 2002 and produced by the Government and ILO/IPEC, over 500 children were victims of commercial sexual exploitation, particularly prostitution. The majority of the children were aged between 15 and 17 years. However, depending on the geographical area, between 15 and 20 per cent of the children were between 10 and 14 years of age. The Committee also noted that, in its concluding observations on the initial report of Malawi in April 2002 (CRC/C/15/Add.174, paragraph 61), the Committee on the Rights of the Child expressed concern at the lack of knowledge of sexual exploitation and at the increasing number of child victims of commercial sexual exploitation, including prostitution and pornography. The Committee on the Rights of the Child also expressed concern at the insufficient programmes for the physical and psychological rehabilitation and social integration of child victims of this type of abuse and exploitation. In this regard, the Committee observed that, according to the information referred to above, the use, procuring or offering of young persons under 18 years of age for prostitution, for the production of pornography or for pornographic performances appeared to exist in Malawi, but that national legislation did not appear to prohibit this worst form of child labour. The Committee accordingly requests the Government to take the necessary measures to prohibit in the national legislation the use, procuring or offering of young persons under 18 years of age for prostitution, for the production of pornography or for pornographic performances.

The Committee noted the Government’s indication that the labour laws are currently being reviewed and this issue will be taken into consideration by all stakeholders and that the Malawi Censorship Board is doing its best on this matter. The Committee reminded the Government that, under the terms of Article 3(b) of the Convention, the use, procuring or offering of a young person under 18 years of age for the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances is considered to be one of the worst forms of child labour. It requests the Government to indicate the measures adopted or envisaged to secure the prohibition and elimination of the use, procuring or offering of young persons under 18 years of age for prostitution, for the production of pornography or for pornographic performances.

Article 4, paragraph 1. Determination of types of hazardous work. In its previous comments, the Committee noted that section 22(2) of the Employment Act provides that the Minister may, in consultation with relevant organizations of employers and employees, specify, by notice published in the Gazette, occupations or activities which, in the Minister’s opinion, are likely to be harmful to the health, safety, education, morals or development of persons between the ages of 14 and 18 years. The Government indicated that, since the Act was promulgated, the Minister has not consulted with the relevant organizations of employers and employees on this issue but that it would consult the organizations of employers and employees following the discussions in the ILO Consultative Workshop on Child Labour Monitoring and Identification of Hazardous Types of Work scheduled for November 2004. The Committee noted the Government’s indication that a draft list of hazardous types of employment or work has been established and it is ready to be discussed with stakeholders. The Committee reminded the Government that, by virtue of Article 4, paragraph 1, of the Convention, the competent authority is obliged to determine the types of hazardous work, after consultation with the organization of employers and workers concerned. The Committee accordingly requests the Government to provide information on any progress made in adopting the draft list of hazardous types of work after consultation with the organizations of employers and workers concerned.

Article 5. Monitoring mechanisms. Child labour monitoring system. Referring to its previous comments concerning the establishment of the National Steering Committee (NSC) on child labour, the National Task Force on the Elimination of Child Labour and the Child Labour Monitoring System (CLMS), the Committee noted the detailed information provided by the Government. It particularly noted that, at the national level, the Child Labour Unit in the Ministry of Labour and Vocational Training (IAs) provides the technical back up to the monitoring. The Unit was responsible for the development of the Action Programme and submission of the same to the ILO/IPEC Commercial Agriculture Programme for funding. The Unit also facilitated the setting up of the monitoring system, mobilized the actors and stakeholders, helped the District Child Labour Committees (DCLCs) identify supervisors and provided the monitors and supervisors with continuous training and logistical support. At the same level, the main tasks of the NSC and the Technical Working Group are to advise on the necessary steps to be undertaken after the analysis of trends of child labour has taken place and advise further on policy issues to be designed and developed in regard to child labour. At the district level, the child labour monitoring primarily targeted four impact districts, namely Kasungu, Mzimba and Mchinji, and the communities of project implementation. The DCLCs, Area Child Labour Committees (traditional authority level) and the Community Child Labour Committees form a hub of alliance building and implementation structure. All key government departments and stakeholders at district, area and community levels are members of the Child Labour Committees which have already been sensitized on the CLMS. The Committee noted that, although the analysis of information collected from the field has not yet been finalized, there is a clear indication that the system will be of great importance in monitoring the child labour situation in theses areas. The Committee requests the Government to continue to provide information on the CLMS.

Article 7, paragraph 2. Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and providing assistance for the removal of children from these types of work and for their rehabilitation and social integration. 1. ILO/IPEC project on children engaged in hazardous work in commercial agriculture. In its previous comments, the Committee noted that the ILO/IPEC project entitled “Prevention, withdrawal and rehabilitation of children engaged in hazardous work in commercial agriculture in Malawi” was intended to prevent the premature work of 2,000 at-risk children in plantations and to withdraw and rehabilitate 1,200 children and their families working under hazardous conditions. The Committee requested the Government to provide statistical data on the number of children who were in practice prevented from being engaged or who were withdrawn from hazardous work in tobacco plantations following the implementation of the project. In this regard, the Committee noted with interest the Government’s indication that 1,200 children were withdrawn from working under hazardous conditions, and 2,000 were prevented from working under hazardous conditions in tobacco plantations. It also noted that, according to the document entitled “Good Practices in Combating Child Labour in the Agriculture Sector”, non-formal education schools were established for children after their withdrawal to prepare them for eventual integration into the formal education system and the Community Child Labour Committees (CCLAC) provide withdrawn children with exercise books and pencils, and help to reintegrate children in formal schools. The Committee requests the Government to continue its efforts in preventing the engagement of children in hazardous work in commercial agriculture and providing assistance for the removal of children from this type of work and for their rehabilitation and social integration.

2. Trafficking in children. The Committee noted that, in its initial report to the Committee on the Rights of the Child in June 2002 (CRC/C/8/Add.43, paragraph 371), the Government indicated that there is no specific policy or programme regarding the sale, trafficking and abduction of children in Malawi. It also noted that, in its concluding observations on this report of Malawi in April 2002 (CRC/C/15/Add.174, paragraphs 63 and 64), the Committee on the Rights of the Child recommended the Government to take measures, such as a comprehensive programme to prevent and combat the sale and trafficking of children, and to carry on an awareness-raising campaign and educational programmes, particularly for parents. The Committee noted the Government’s indication that it has not established any centre for the rehabilitation of the victims of trafficking. The Committee reminded the Government that, by virtue of Article 7, paragraph 2(a) and (b), of the Convention, each Member shall, taking into account the importance of education in eliminating child labour, take effective and time-bound measures to prevent the engagement of children in the worst forms of child labour and provide assistance for the removal of children from these types of work and for their rehabilitation and social integration. The Committee requests the Government to provide information on any time-bound measures taken to prevent and combat the sale and trafficking of children, such as rehabilitation centres, comprehensive programmes to prevent and combat the sale and trafficking of children or awareness-raising campaigns and educational programmes.

Clause (d). Identifying children at special risk. 1. HIV/AIDS. The Committee noted that, according to the United Nations Joint Programme on HIV/AIDS (UNAIDS), the problem of HIV/AIDS is increasing in Malawi. In this respect, the Committee noted that, in its concluding observations on the initial report of Malawi in April 2002 (CRC/C/15/Add.174, paragraph 47), the Committee on the Rights of the Child indicated that, while noting the existence of the National AIDS Control Programme, the National Task Force on Orphans and the Orphan Care Programme, it remained extremely concerned at the high incidence and increasing prevalence of HIV/AIDS amongst adults and children and the resulting high and increasing number of children orphaned by HIV/AIDS. Observing that HIV/AIDS had consequences for orphans, for whom there was an increased risk of being engaged in the worst forms of child labour, the Committee requested the Government to provide information on the specific measures adopted to improve the situation of these children.

The Committee noted with interest the Government’s indication that a National Plan of Action for Orphans and Other Vulnerable Children 2005–09 (NPA for OVC), a Technical Support and Advisory Unit in the Ministry of Gender, Child Welfare and Community Services and a Childhood Development Policy were established. More particularly, it noted that, according to the NPA for OVC, around 500,000 children were orphans due to HIV/AIDS in 2004, and more than 1 million children were orphans in Malawi in 2005. Moreover, the number of orphans by different age groups is the following: 110,000 (0–4 years), 340,00 (5–9 years), and 558,000 (10–18 years). The Committee noted that the Government is aware of the consequences of HIV/AIDS on orphans such as increased child labour and children dropping out from school. It also noted the Strategic Objective No. 3 of the NPA for OVC is “to protect the most vulnerable children through improved policy and legislation, leadership, efficient coordination at all levels”. The Committee expressed its deep concern at the high number of child orphans in Malawi due to HIV/AIDS. The Committee once again observed that HIV/AIDS has consequences for orphans, for whom there is an increased risk of being engaged in the worst forms of child labour. It requests the Government to provide information on the impact of the NPA for OVC towards eliminating the worst forms of child labour.

2. Street children. In its last comments, the Committee noted that, in its concluding observations on the initial report of Malawi in April 2002 (CRC/C/15/Add.174, paragraph 65), the Committee on the Rights of the Child expressed concern at the increasing number of street children and at the lack of specific policies and programmes to address this situation. The Committee also noted that, according to the study entitled “Malawi Child Labour Survey”, over 400 children live and work in the streets in Malawi. Considering that children living in the streets are particularly exposed to the worst forms of child labour, the Committee requested the Government to provide information on the measures taken or envisaged, particularly with regard to the protection of children living in the streets from the worst forms of child labour and their rehabilitation and social integration. In its report, the Government indicated that four NGOs, namely Chisomo Children’s Club, Tikondane Orphan Acre, Samaritan Trust and Eye of the Child, provide rehabilitation services for street children. These NGOs have intensified their campaign against alms to children begging on the streets to discourage this practice. The Government also indicated that it has established a drop-in centre which will provide a 24-hour free helpline for street children and those that are abused. Moreover, the Government indicated that it is in the process of conducting a countrywide survey to substantiate the numbers of abused children. The Committee takes due note of these information and requests the Government to provide information on the impact of these measures in protecting street children and providing assistance for the removal of children from this type of work and for their rehabilitation and social integration. It also requests the Government to communicate a copy of the countrywide survey on the numbers of abused children once it has been completed.

Clause (e). Special situation of girls. The Committee noted that, according to the Malawi Child Labour Survey, all the child victims of commercial sexual exploitation, including prostitution, are girls. Almost seven out of every ten girls involved in commercial sexual exploitation have lost one of their parents or do not know where they are, and one in every two have lost both parents. The majority of children who are victims of commercial sexual exploitation, namely 65 per cent of cases, do not attend school beyond the second year. The Committee requested the Government to indicate the manner in which it intends to accord special attention to these girls and remove them from the worst forms of child labour; and to provide information on the effective and time-bound measures taken to secure the rehabilitation and social integration of these girls. It further requested the Government to provide statistical data on the number of children who are in practice removed from commercial sexual exploitation. The Committee noted the Government’s indication that it has established a social support centre for sex workers which provides the following services: skills training and development; psychosocial support and counselling; reintegration; income-generating activities; HIV/AIDS treatment; and hotline helpline. The Committee requests the Government to provide information on the impact of those measures taken, particularly statistical data on the number of children who are in practice removed from commercial sexual exploitation and who are rehabilitated.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the information provided by the Government in its report.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. In its previous comments, the Committee noted the Government’s indication that this practice does not happen in Malawi. However, it also noted that, in its initial report to the Committee on the Right of the Child in June 2001 (CRC/C/8/Add.43, paragraph 370), the Government indicated that sections 135, 167 and 265 of the Penal Code establish various offences in relation to the abduction, trafficking and sale of children and provide for sentences of imprisonment. In its concluding observations on this initial report of Malawi in April 2002 (CRC/C/15/Add.174, paragraphs 63 and 64), the Committee on the Rights of the Child expressed concern at information on alleged instances of trafficking in children. The Committee requested the Government to provide information on the imposition of penalties in practice by providing, inter alia, reports on the number of convictions. The Committee notes the Government’s indication that there has been one case of trafficking involving ten children. The Committee notes the Government’s indication that is currently reviewing national laws relating to human trafficking. The Committee therefore requests the Government to redouble its efforts to protect children under 18 years of age from sale and trafficking for economic and sexual exploitation. It hopes that the review of the national laws relating to human trafficking will be finalized in the near future and new provisions on this matter will be adopted soon. The Committee requests the Government to provide information on any progress achieved in this matter. Noting that the Government has not provided the Penal Code, it once again requests it to provide the Office with a copy of this Code.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee previously noted that, according to an analysis entitled “Malawi Child Labour Survey”, published in February 2002 and produced by the Government and ILO/IPEC, over 500 children were victims of commercial sexual exploitation, particularly prostitution. The majority of the children were aged between 15 and 17 years. However, depending on the geographical area, between 15 and 20 per cent of the children were between 10 and 14 years of age. The Committee also noted that, in its concluding observations on the initial report of Malawi in April 2002 (CRC/C/15/Add.174, paragraph 61), the Committee on the Rights of the Child expressed concern at the lack of knowledge of sexual exploitation and at the increasing number of child victims of commercial sexual exploitation, including prostitution and pornography. The Committee on the Rights of the Child also expressed concern at the insufficient programmes for the physical and psychological rehabilitation and social integration of child victims of this type of abuse and exploitation. In this regard, the Committee observed that, according to the information referred to above, the use, procuring or offering of young persons under 18 years of age for prostitution, for the production of pornography or for pornographic performances appeared to exist in Malawi, but that national legislation did not appear to prohibit this worst form of child labour. The Committee accordingly requested the Government to take the necessary measures to prohibit in the national legislation the use, procuring or offering of young persons under 18 years of age for prostitution, for the production of pornography or for pornographic performances.

The Committee notes the Government’s indication that the labour laws are currently being reviewed and this issue will be taken into consideration by all stakeholders and that the Malawi Censorship Board is doing its best on this matter. The Committee reminds the Government that, under the terms of Article 3(b) of the Convention, the use, procuring or offering of a young person under 18 years of age for the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances is considered to be one of the worst forms of child labour. It requests the Government to indicate the measures adopted or envisaged to secure the prohibition and elimination of the use, procuring or offering of young persons under 18 years of age for prostitution, for the production of pornography or for pornographic performances.

Article 4, paragraph 1. Determination of types of hazardous work. In its previous comments, the Committee noted that section 22(2) of the Employment Act provides that the Minister may, in consultation with relevant organizations of employers and employees, specify, by notice published in the Gazette, occupations or activities which, in the Minister’s opinion, are likely to be harmful to the health, safety, education, morals or development of persons between the ages of 14 and 18 years. The Government indicated that, since the Act was promulgated, the Minister has not consulted with the relevant organizations of employers and employees on this issue but that it would consult the organizations of employers and employees following the discussions in the ILO Consultative Workshop on Child Labour Monitoring and Identification of Hazardous Types of Work scheduled for November 2004. The Committee notes the Government’s indication that a draft list of hazardous types of employment or work has been established and it is ready to be discussed with stakeholders. The Committee reminds the Government that, by virtue of Article 4, paragraph 1, of the Convention, the competent authority is obliged to determine the types of hazardous work, after consultation with the organization of employers and workers concerned. The Committee accordingly requests the Government to provide information on any progress made in adopting the draft list of hazardous types of work after consultation with the organizations of employers and workers concerned.

Article 5. Monitoring mechanisms. 1. Child labour monitoring system. Referring to its previous comments concerning the establishment of the National Steering Committee (NSC) on child labour, the National Task Force on the Elimination of Child Labour and the Child Labour Monitoring System (CLMS), the Committee notes the detailed information provided by the Government. It particularly notes that, at the national level, the Child Labour Unit in the Ministry of Labour and Vocational Training (IAs) provides the technical back up to the monitoring. The Unit was responsible for the development of the Action Programme and submission of the same to the ILO/IPEC Commercial Agriculture Programme for funding. The Unit also facilitated the setting up of the monitoring system, mobilized the actors and stakeholders, helped the District Child Labour Committees (DCLCs) identify supervisors and provided the monitors and supervisors with continuous training and logistical support. At the same level, the main tasks of the NSC and the Technical Working Group are to advise on the necessary steps to be undertaken after the analysis of trends of child labour has taken place and advise further on policy issues to be designed and developed in regard to child labour. At the district level, the child labour monitoring primarily targeted four impact districts, namely Kasungu, Mzimba and Mchinji, and the communities of project implementation. The DCLCs, Area Child Labour Committees (traditional authority level) and the Community Child Labour Committees form a hub of alliance building and implementation structure. All key government departments and stakeholders at district, area and community levels are members of the Child Labour Committees which have already been sensitized on the CLMS. The Committee notes that, although the analysis of information collected from the field has not yet been finalized, there is a clear indication that the system will be of great importance in monitoring the child labour situation in theses areas. The Committee requests the Government to continue to provide information on the CLMS.

2. Labour inspection. The Committee previously noted the Government’s indication that 33 labour inspectors have been trained on the prosecution procedures under the Employment Act and requested the Government to provide information on the outcome of the various inspections undertaken in relation to the worst forms of child labour, particularly by supplying extracts of reports or documents. The Committee notes the detailed information provided by the Government concerning the inspections conducted in several districts, such as Dedza, Kasungu, Mzimba, Mzuzu and Rumphi, in 2004 and 2005.

Article 6. Programmes of action to eliminate the worst forms of child labour. In its previous comments, the Committee noted that the ILO/IPEC programme was officially launched in December 2002 and that nine action programmes were established by organizations of employers and workers and local NGOs. The Committee requested the Government to provide information on the impact of the nine action programmes implemented and the results achieved in relation to the elimination of the worst forms of child labour. In this regard, the Committee notes the document entitled “Good Practices in Combating Child Labour in the Agriculture Sector”. It particularly notes that this document emphasizes ten good practices, among others the collaboration among stakeholders in the implementation of the project on “Prevention, withdrawal and rehabilitation of children engaged in hazardous work in commercial agriculture in Malawi” and the assistance of the communities for the implementation of the project.

Article 7, paragraph 2. Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and providing assistance for the removal of children from these types of work and for their rehabilitation and social integration. 1. ILO/IPEC project on children engaged in hazardous work in commercial agriculture. In its previous comments, the Committee noted that the ILO/IPEC project entitled “Prevention, withdrawal and rehabilitation of children engaged in hazardous work in commercial agriculture in Malawi” was intended to prevent the premature work of 2,000 at‑risk children in plantations and to withdraw and rehabilitate 1,200 children and their families working under hazardous conditions. The Committee requested the Government to provide statistical data on the number of children who were in practice prevented from being engaged or who were withdrawn from hazardous work in tobacco plantations following the implementation of the project. In this regard, the Committee notes with interest the Government’s indication that 1,200 children were withdrawn from working under hazardous conditions, and 2,000 were prevented from working under hazardous conditions in tobacco plantations. It also notes that, according to the document entitled “Good Practices in Combating Child Labour in the Agriculture Sector”, non-formal education schools were established for children after their withdrawal to prepare them for eventual integration into the formal education system and the Community Child Labour Committees (CCLAC) provide withdrawn children with exercise books and pencils, and help to reintegrate children in formal schools. The Committee requests the Government to continue its efforts in preventing the engagement of children in hazardous work in commercial agriculture and providing assistance for the removal of children from this type of work and for their rehabilitation and social integration.

2. Trafficking in children. The Committee noted that, in its initial report to the Committee on the Rights of the Child in June 2002 (CRC/C/8/Add.43, paragraph 371), the Government indicated that there is no specific policy or programme regarding the sale, trafficking and abduction of children in Malawi. It also noted that, in its concluding observations on this report of Malawi in April 2002 (CRC/C/15/Add.174, paragraphs 63 and 64), the Committee on the Rights of the Child recommended the Government to take measures, such as a comprehensive programme to prevent and combat the sale and trafficking of children, and to carry on an awareness-raising campaign and educational programmes, particularly for parents. The Committee notes the Government’s indication that it has not established any centre for the rehabilitation of the victims of trafficking. The Committee reminds the Government that, by virtue of Article 7, paragraph 2(a) and (b), of the Convention, each Member shall, taking into account the importance of education in eliminating child labour, take effective and time-bound measures to prevent the engagement of children in the worst forms of child labour and provide assistance for the removal of children from these types of work and for their rehabilitation and social integration. The Committee requests the Government to provide information on any time-bound measures taken to prevent and combat the sale and trafficking of children, such as rehabilitation centres, comprehensive programmes to prevent and combat the sale and trafficking of children or awareness-raising campaigns and educational programmes.

Clause (d). Identifying children at special risk. 1. HIV/AIDS. The Committee noted that, according to the United Nations Joint Programme on HIV/AIDS (UNAIDS), the problem of HIV/AIDS is increasing in Malawi. In this respect, the Committee noted that, in its concluding observations on the initial report of Malawi in April 2002 (CRC/C/15/Add.174, paragraph 47), the Committee on the Rights of the Child indicated that, while noting the existence of the National AIDS Control Programme, the National Task Force on Orphans and the Orphan Care Programme, it remained extremely concerned at the high incidence and increasing prevalence of HIV/AIDS amongst adults and children and the resulting high and increasing number of children orphaned by HIV/AIDS. Observing that HIV/AIDS had consequences for orphans, for whom there was an increased risk of being engaged in the worst forms of child labour, the Committee requested the Government to provide information on the specific measures adopted to improve the situation of these children.

The Committee notes with interest the Government’s indication that a National Plan of Action for Orphans and Other Vulnerable Children 2005-09 (NPA for OVC), a Technical Support and Advisory Unit in the Ministry of Gender, Child Welfare and Community Services and a Childhood Development Policy were established. More particularly, it notes that, according to the NPA for OVC, around 500,000 children were orphans due to HIV/AIDS in 2004, and more than 1 million children were orphans in Malawi in 2005. Moreover, the number of orphans by different age groups is the following: 110,000 (0-4 years), 340,00 (5‑9 years), and 558,000 (10-18 years). The Committee notes that the Government is aware of the consequences of HIV/AIDS on orphans such as increased child labour and children dropping out from school. It also notes the Strategic Objective No. 3 of the NPA for OVC is “to protect the most vulnerable children through improved policy and legislation, leadership, efficient coordination at all levels”. The Committee expresses its deep concern at the high number of child orphans in Malawi due to HIV/AIDS. The Committee once again observes that HIV/AIDS has consequences for orphans, for whom there is an increased risk of being engaged in the worst forms of child labour. It requests the Government to provide information on the impact of the NPA for OVC towards eliminating the worst forms of child labour.

2. Street children. In its last comments, the Committee noted that, in its concluding observations on the initial report of Malawi in April 2002 (CRC/C/15/Add.174, paragraph 65), the Committee on the Rights of the Child expressed concern at the increasing number of street children and at the lack of specific policies and programmes to address this situation. The Committee also noted that, according to the study entitled “Malawi Child Labour Survey”, over 400 children live and work in the streets in Malawi. Considering that children living in the streets are particularly exposed to the worst forms of child labour, the Committee requested the Government to provide information on the measures taken or envisaged, particularly with regard to the protection of children living in the streets from the worst forms of child labour and their rehabilitation and social integration. In its report, the Government indicates that four NGOs, namely Chisomo Children’s Club, Tikondane Orphan Acre, Samaritan Trust and Eye of the Child, provide rehabilitation services for street children. These NGOs have intensified their campaign against alms to children begging on the streets to discourage this practice. The Government also indicates that it has established a drop‑in centre which will provide a 24‑hour free helpline for street children and those that are abused. Moreover, the Government indicates that it is in the process of conducting a countrywide survey to substantiate the numbers of abused children. The Committee takes due note of these information and requests the Government to provide information on the impact of these measures in protecting street children and providing assistance for the removal of children from this type of work and for their rehabilitation and social integration. It also requests the Government to communicate a copy of the countrywide survey on the numbers of abused children once it has been completed.

Clause (e). Special situation of girls. The Committee noted that, according to the Malawi Child Labour Survey, all the child victims of commercial sexual exploitation, including prostitution, are girls. Almost seven out of every ten girls involved in commercial sexual exploitation have lost one of their parents or do not know where they are, and one in every two have lost both parents. The majority of children who are victims of commercial sexual exploitation, namely 65 per cent of cases, do not attend school beyond the second year. The Committee requested the Government to indicate the manner in which it intends to accord special attention to these girls and remove them from the worst forms of child labour; and to provide information on the effective and time-bound measures taken to secure the rehabilitation and social integration of these girls. It further requested the Government to provide statistical data on the number of children who are in practice removed from commercial sexual exploitation. The Committee notes the Government’s indication that it has established a social support centre for sex workers which provides the following services: skills training and development; psychosocial support and counselling; reintegration; income-generating activities; HIV/AIDS treatment; and hotline helpline. The Committee requests the Government to provide information on the impact of those measures taken, particularly statistical data on the number of children who are in practice removed from commercial sexual exploitation and who are rehabilitated.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee  notes the Government’s report and requests it to provide information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee notes the Government’s indication that this practice does not happen in Malawi. It adds that the Government has put in place programmes to educate people, including children themselves, on the dangers of the worst forms of child labour. In its previous comments, the Committee noted that, in its initial report to the Committee on the Right of the Child in June 2002 (CRC/C/8/Add.43, paragraphs 370 and 381), the Government indicated that sections 135, 167 and 265 of the Penal Code establish various offences in relation to the abduction, trafficking and sale of children and provide for sentences of imprisonment. It also noted that there is no specific policy or programme regarding the sale, trafficking and abduction of children in Malawi. The Committee notes that, in its concluding observations on the initial report of Malawi in April 2002 (CRC/C/15/Add.174, paragraphs 63 and 64), the Committee on the Rights of the Child expressed concern at information on alleged instances of trafficking in children. The Committee on the Rights of the Child recommended the Government to take measures, such as a comprehensive programme to prevent and combat the sale and trafficking of children, and to carry on an awareness-raising campaign and educational programmes, particularly for parents. The Committee draws the Government’s attention to the fact that, under the terms of Article 1 of the Convention, when a member State ratifies the Convention, it has to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour for persons under 18 years of age. The Committee therefore requests the Government to provide information on the measures adopted or envisaged to extend the prohibition on the sale and trafficking of young persons to all girls and boys under 18 years of age. Furthermore, it requests the Government to provide information on the imposition of penalties in practice by providing, inter alia, reports on the number of convictions.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee notes the Government’s indication that these practices do not happen in Malawi. However, the Committee notes that, according to an analysis entitled Malawi child labour survey published in February 2002 and produced by the Government and ILO/IPEC, over 500 children are victims of commercial sexual exploitation, particularly prostitution. The majority of the children are aged between 15 and 17 years. However, depending on the geographical area, between 15 and 20 per cent of the children are between 10 and 14 years of age. Furthermore, in its concluding observations on the initial report of Malawi in April 2002 (CRC/C/15/Add.174, paragraph 61), the Committee on the Rights of the Child expressed concern at the lack of knowledge of sexual exploitation and at the increasing number of child victims of commercial sexual exploitation, including prostitution and pornography. It also expressed concern at the insufficient programmes for the physical and psychological rehabilitation and social integration of child victims of this type of abuse and exploitation. The Committee observes that, according to the information referred to above, the use, procuring or offering of young persons under 18 years of age for prostitution, for the production of pornography or for pornographic performances appears to exist in Malawi. It further observes that the national legislation does not appear to prohibit this worst form of child labour. The Committee accordingly requests the Government to take the necessary measures to prohibit in the national legislation the use, procuring or offering of young persons under 18 years of age for prostitution, for the production of pornography or for pornographic performances. It also requests the Government to adopt adequate penalties. In this regard, the Committee draws the Government’s attention to its obligation under Article 1 to take "immediate" measures to prohibit the worst forms of child labour.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes that the Government has not provided any information concerning this provision of the Convention. It reminds the Government that, under the terms of Article 3(c) of the Convention, the use, procuring or offering of a young person under 18 years of age for illicit activities, in particular for the production and trafficking of drugs, is considered to be one of the worst forms of child labour. The Committee therefore requests the Government to indicate the measures adopted or envisaged to secure the prohibition and elimination of the use, procuring or offering of young persons under 18 years of age for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties, in accordance with Article 3(c) of the Convention. It also requests the Government to adopt adequate penalties. The Committee draws the Government’s attention to its obligation under Article 1 to take "immediate" measures to prohibit the worst forms of child labour.

Finally, the Committee once again requests the Government to provide the Office with a copy of the Penal Code.

Clause (d). Hazardous work. In its previous comments, the Committee noted that article 23, paragraph 4, of the Constitution of the Republic of Malawi provides that children are entitled to be protected from economic exploitation or any treatment, work or punishment that is, or is likely to: (a) be hazardous; (b) interfere with their education; or (c) be harmful to their health or to their physical, mental or spiritual or social development. Under the terms of paragraph 5 of article 23 of the Constitution, the term "children" means persons under 16 years of age. It also noted that section 22(1)(a) of the Employment Act (Act No. 6 of 2000) provides that no person between the ages of 14 and 18 years shall work or be employed in any occupation or activity that is likely to be harmful to the health, safety, education, morals or development of such a person. The Committee noted that there is a discrepancy between article 23 of the Constitution, which provides protection against hazardous work for children under 16 years of age and the provisions of section 22(1)(a) of the Employment Act, which prohibits the performance of types of hazardous work by any person under 18 years of age. The Committee notes the information provided by the Government that the issue of the discrepancy between the constitutional provisions and those of the Employment Act will be tabled at a meeting of the Tripartite Labour Advisory Council. The issue will also be discussed in the context of the labour law reform programme of the ILO/ILSSA project on this subject entitled Improving labour systems in southern Africa (ILO/ILSSA). Recalling that under this Article the term "child" shall apply to all persons under the age of 18, the Committee requests the Government to provide information on any developments as a result of the discussions held by the Tripartite Labour Advisory Council and in the context of the ILO/ILSSA labour law reform programme on the subject.

Article 4, paragraph 1. Determination of types of hazardous work. In its previous comments, the Committee noted that section 22(2) of the Employment Act provides that the Minister may, in consultation with relevant organizations of employers and employees, specify, by notice published in the Gazette, occupations or activities which, in his opinion, are likely to be harmful to the health, safety, education, morals or development of persons between the ages of 14 and 18 years. The Committee notes the information provided by the Government that, since the Act was promulgated, the Minister has not consulted with the relevant organizations of employers and employees on this issue. It also notes the Government’s indication that it will consult the organizations of employers and employees following the discussions which will be held in the ILO Consultative Workshop on Child Labour Monitoring and Identification of Hazardous Types of Work, which is scheduled for November 2004.

In this respect, the Committee reminds the Government that, under Article 4, paragraph 1, of the Convention, the types of work referred to under Article 3(d) must be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraphs 3 and 4 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). It draws the Government’s attention to Paragraph 3 of Recommendation No. 190, which indicates that, in determining the types of work referred to under Article 3(d) of the Convention, and in identifying where they exist, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, under water, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their health; and (e) work under particularly difficult conditions, such as work for long hours or during the night, or work where the child is unreasonably confined to the premises of the employer. The Committee therefore requests the Government to take the necessary measures to determine the types of hazardous work prohibited for young persons under 18 years of age as a matter of urgency. It trusts that, when determining the types of hazardous work prohibited for young persons under 18 years of age, the Government will take into consideration the types of activities enumerated in Paragraph 3 of Recommendation No. 190. The Committee further requests the Government to provide information on the consultations held with the organizations of employers and workers.

Article 4, paragraph 2. Identification of where the hazardous types of work exist. The Committee notes with interest the information provided by the Government that, when conducting the survey of child labour in Malawi, an identification was made of where the hazardous types of work exist.

Article 5. Monitoring mechanisms. 1. National Steering Committee (NSC) on child labour, National Task Force on the Elimination of Child Labour and child labour monitoring committees. The Committee notes the Government’s indication that it has established a National Steering Committee (NSC) on child labour and a National Task Force on the Elimination of Child Labour, which is currently working in 11 districts of the country. Child labour monitoring committees have been set up at both the national and local levels, to monitor the implementation of the provisions of the Convention. The Committee requests the Government to provide information on the activities on the NSC, the National Task Force and the child labour monitoring committees and on the measures taken to establish an appropriate mechanism to monitor the implementation of the provisions giving effect to the Convention. It also requests the Government to provide information on the outcome of the various activities undertaken by the NSC, the National Task Force and the child labour monitoring committees, particularly through the provision of extracts of reports or documents.

2. Labour inspection. The Committee notes the Government’s indication that 33 labour inspectors have been trained on the prosecution procedures under the Employment Act. It also notes that the child labour monitoring system is being developed. The Committee requests the Government to provide information on the outcome of the various inspections undertaken in relation to the worst forms of child labour, particularly by supplying extracts of reports or documents. Furthermore, it requests the Government to provide information on the child labour monitoring system, particularly as it relates to the elimination of the worst forms of child labour.

Article 6, paragraphs 1 and 2. Programmes of action to eliminate the worst forms of child labour. With reference to its previous comments, the Committee notes the information provided by the Government that the ILO/IPEC programme was officially launched in December 2002. A planning workshop was held on 17 and 18 December 2002 to formulate an action programme. In this respect, the Committee notes the Government’s indication that nine action programmes have been established by organizations of employers and workers and local NGOs. It also notes that the results of the nine action programmes will be available at the end of 2004. The Committee requests the Government to provide information on the impact of the nine action programmes implemented and the results achieved in relation to the elimination of the worst forms of child labour.

Article 7, paragraph 2. Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and providing assistance for the removal of children from these types of work and for their rehabilitation and social integration. The Committee notes the project entitled Prevention, withdrawal and rehabilitation of children engaged in hazardous work in commercial agriculture in Malawi. It notes that this project targets tobacco estates and family farms. It further notes that the objective of the project is to identify and eliminate hazardous child labour in tobacco plantations. The project is intended to prevent the premature work of 2,000 at-risk children in plantations and to withdraw and rehabilitate 1,200 children working under hazardous conditions, and their families. The Committee requests the Government to provide statistical data on the number of children who are in practice prevented from being engaged or who are withdrawn from hazardous work in tobacco plantations following the implementation of the project.

Clause (d). Identifying children at special risk. 1. HIV/AIDS. The Committee notes that, according to the United Nations Joint Programme on HIV/AIDS (UNAIDS), the problem of HIV/AIDS is increasing in Malawi. In this respect, the Committee notes that, in its concluding observations on the initial report of Malawi in April 2002 (CRC/C/15/Add.174, paragraph 47), the Committee on the Rights of the Child indicated that, while noting the existence of the National AIDS Control Programme, the National Task Force on Orphans and the Orphan Care Programme, it remained extremely concerned at the high incidence and increasing prevalence of HIV/AIDS amongst adults and children and the resulting high and increasing number of children orphaned by HIV/AIDS. The Committee observes that HIV/AIDS has consequences on orphans, for whom there is an increased risk of being engaged in the worst forms of child labour. The Committee accordingly requests the Government to provide information on the specific measures adopted to improve the situation of these children.

2. Street children. In its concluding observations on the initial report of Malawi in April 2002 (CRC/C/15/Add.174, paragraph 65), the Committee on the Rights of the Child expressed concern at the increasing number of street children and at the lack of specific policies and programmes to address this situation and to provide the children concerned with adequate assistance. The Committee notes that, according to the analysis entitled Malawi child labour survey, over 400 children live and work in the streets in Malawi. The Committee considers that children living in the streets are particularly exposed to the worst forms of child labour. It therefore requests the Government to provide information on the measures adopted or envisaged, particularly with regard to the protection of children living in the streets against the worst forms of child labour and their rehabilitation and social integration.

Clause (e). Special situation of girls. The Committee notes that, according to the study Malawi child labour survey, all the child victims of commercial sexual exploitation, including prostitution, are girls. Almost seven out of every ten girls involved in commercial sexual exploitation have lost one of their parents or do not know where they are, and one in every two have lost both parents. The majority of children who are victims of commercial sexual exploitation, namely 65 per cent of cases, do not attend school beyond the second year. The Committee requests the Government to indicate the manner in which it intends to accord special attention to these girls and remove them from the worst forms of child labour. It also requests the Government to provide information on the effective and time-bound measures taken to secure the rehabilitation and social integration of these girls. It further requests the Government to provide statistical data on the number of children who are in practice removed from commercial sexual exploitation.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes the analysis report entitled Malawi child labour survey published by the Government and ILO/IPEC in February 2004. It requests the Government to continue providing statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and the penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee takes note of the Government’s first report. It requests the Government to provide additional information on the following points.

Article 1 of the Convention. The Committee notes that the Government has provided no information with regard to this Article, which requires each Member which ratifies this Convention to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee consequently asks the Government to provide a general overview of the measures taken to apply this Article.

Article 2. The Committee notes that article 23 of the Constitution of the Republic of Malawi provides that children are entitled to be protected from economic exploitation or any treatment, work or punishment that is, or is likely to: (a) be hazardous; (b) interfere with their education; or (c) be harmful to their health or to their physical, mental, spiritual or social development (paragraph 4), children being defined as persons under 16 years of age (paragraph 5). It notes that section 22(1)(a) of the Employment Act (No. 6 of 2000) provides that no person between the age of 14 and 18 years shall work or be employed in any occupation or activity that is likely to be harmful to the health, safety, education, morals or development of such a person. Referring to its direct request made in 2002 on the application by the Republic of Malawi of the Minimum Age Convention, 1973 (No. 138), the Committee notes that there is a discrepancy between the constitutional provisions, which provide for protection from hazardous work for children aged below 16 years, and the provisions of section 22(1)(a) of the Employment Act, which in accordance with this Article of the Convention prohibits work that is likely to be harmful to the health, safety, education, morals or development of all persons under the age of 18. Recalling that, under this Article, the term "child" shall apply to all persons under the age of 18, the Committee requests the Government to take the necessary measures to harmonize the provisions of the Constitution and the Act in order to ensure that no uncertainty arises as to the age of the children covered by the provisions of the Convention.

Article 3. The Committee notes that article 27 of the Constitution of the Republic of Malawi prohibits slavery and the slave trade, servitude and forced labour. It notes that section 4(1) of the Employment Act provides that no person shall be required to perform forced labour. According to section 4(2) any person who exacts or imposes forced labour or causes or permits forced labour shall be guilty of an offence and liable to a fine of K10,000 and to imprisonment for two years. The Committee takes note of the provisions of section 22, subsection 1, of the Employment Act, according to which "no person between the age of 14 and 18 years shall work or be employed in any occupation or activity that is likely to be: (a) harmful to the health, safety, education, morals or development of such a person; or (b) prejudicial to his attendance at school or any other vocational or training programme". It notes that, according to section 24, "any person who contravenes any provision of this Part shall be guilty of an offence and liable to a fine of K20,000 and to imprisonment for five years". The Committee also notes the information communicated by the Government to the Committee on the Rights of the Child in its initial report on the application of the Convention on the Rights of the Child (document CRC/C/8/Add.43 dated 26 June 2001) that sections 135, 167 and 265 of the Penal Code establish various offences in relation to abduction, trafficking and sale, with penalties ranging from five to seven years’ imprisonment (paragraph 370). It notes that there is no specific policy or programme regarding the sale, trafficking and abduction of children in Malawi (paragraph 371).

The Committee considers that the provisions of the Employment Act offer a sufficient basis for the prohibition of hazardous work and are in line with the Convention’s requirement in respect of clause (d) of Article 3. The Committee notes however that the Government has provided no information as regards the measures taken to secure the prohibition and elimination of the worst forms of child labour with respect to each of the clauses (a)-(c) of this Article. The Committee therefore asks the Government to indicate, for each of the clauses (a)-(c), the measures taken or envisaged to secure the prohibition and elimination of the worst forms of child labour with regard to all persons under the age of 18. It also asks the Government to provide the Office with a copy of the Penal Code.

Article 4, paragraph 1. The Committee notes that section 22(2) of the Employment Act provides that the Minister may, in consultation with relevant organizations of employers and employees, specify, by notice published in the Gazette, occupations or activities which, in his opinion, are likely to be harmful to the health, safety, education, morals or development of persons between the age of 14 and 18 years. It asks the Government to communicate information on the occupations or activities determined by the Minister in application of section 22(2) of the Employment Act and of these provisions of the Convention. It also asks the Government to supply a copy of the relevant texts and to communicate information on the consultations that were to be held with the organizations of employers and workers concerned.

Paragraph 2. The Committee notes the information communicated by the Government in its report that it will indicate the measures taken to identify where the types of work determined in application of Article 4, paragraph 1, exist once it has carried out a national survey together with the other two social partners. The Committee trusts that the Government will be in a position to communicate the required information in its next report.

Paragraph 3. The Committee notes the information communicated by the Government in its report according to which the list of the types of work determined under paragraph 1 of this Article has been periodically examined by labour inspectors, though they have limited knowledge of the worst forms of child labour. The Committee draws the Government’s attention to Paragraph 15(c) of the Worst Forms of Child Labour Recommendation, 1999 (No. 190), according to which other measures aimed at the prohibition and elimination of the worst forms of child labour might include providing appropriate training for the government officials concerned, especially inspectors and law-enforcement officials, and for other relevant professionals. In the light of these provisions, the Committee requests the Government to indicate the measures it intends to take so as to ensure that the said list is periodically examined by occupational safety and health specialists and revised as necessary. It also asks the Government to provide the Office with a copy of any revised list and to indicate the consultations which have been held with the employers’ and workers’ organizations in accordance with the provisions of this Article.

Article 5. Noting that the Government has provided no information with respect to this Article, the Committee asks the Government to indicate the mechanisms established or designated, after consultation with employers’ and workers’ organizations, to monitor the implementation of the provisions giving effect to this Convention, and to provide information on their functioning, including any extract of reports or documents. The Committee also asks the Government to indicate the consultations which have been held with the employers’ and workers’ organizations in accordance with the provisions of this Article.

Article 6. The Committee notes that an ILO-IPEC programme was due to begin in 2001 in the framework of which all programmes of action were to be designed and implemented to eliminate the worst forms of child labour. It notes with interest that the Government has set up an inter-ministerial task force composed of relevant government institutions and employers’ and workers’ organizations and other United Nations agencies to develop a national action plan to eliminate the worst forms of child labour. According to the Government’s report, the mandate of the task force includes to sensitize policy-makers to understand the concept of the child labour situation in Malawi; to collect information on the forms and extent of the child labour phenomenon in Malawi; to conduct a national child labour survey; to develop, in collaboration with social partners, stakeholders, NGOs and other relevant bodies, a national plan of action for eliminating the worst forms of child labour. The Committee asks the Government to communicate further information on the programmes of action envisaged, on the functioning and results obtained by the inter-ministerial task force, and on the consultations which have been held with relevant government institutions and employers’ and workers’ organizations in accordance with the provisions of this Article. The Committee also asks the Government to indicate the extent to which the views of other concerned groups have been taken into consideration.

Article 7. The Committee notes the information communicated by the Government in its report according to which it has sensitized local employers’ and workers’ organizations, chiefs, labour officers and other extension workers on the worst forms of child labour in all the three regions of Malawi with the financial assistance of UNICEF. It notes the Government’s statement that any person who contravenes this Convention shall be guilty of an offence and liable to a fine of K20,000 and to imprisonment for five years. The Committee notes that such a penalty is provided for by section 24 of the Employment Act, in case of violation of the provisions of Part IV of the Act, which only concerns hazardous work. It asks the Government to indicate which provisions apply in case of violation of other types of the worst forms of child labour, i.e. those corresponding to clauses (a)-(c) of Article 3. The Committee also asks the Government to communicate information on the actual application of these sanctions. It asks the Government to communicate information on the measures taken with regard to each of the clauses (a)-(e) of paragraph 2 of Article 7 and, if any of the measures are time-bound, to specify the time frame. The Committee notes from the Government’s report that the Ministry of Labour has the official mandate to monitor, control and prevent child labour through labour and factory inspections. It asks the Government to communicate additional information concerning the authorities responsible for the implementation of the provisions giving effect to this Convention and the methods used for the supervision of such implementation, as regards each of the types of the worst forms of child labour listed under Article 3.

Article 8. The Committee notes from the Government’s report that it has been collaborating with the social partners, NGOs, religious organizations, political leaders and other actors on child labour. It asks the Government to indicate any steps taken to assist other member States in giving effect to the provisions of this Convention through enhanced international cooperation and/or assistance, including support for social and economic development, poverty eradication programmes and universal education, in conformity with these provisions of the Convention.

Part IV of the report form. The Committee notes that the Government has signed a Memorandum of Understanding with the ILO on a technical cooperation project to establish an office in the framework of the International Programme on the Elimination of Child Labour (IPEC). It asks the Government to give a general appreciation of the manner in which the Convention is applied in Malawi, indicating any practical difficulties encountered in the application of the Convention, or any factors which may have prevented or delayed action against the worst forms of child labour.

Part V of the report form. The Committee notes from the Government’s report that a countrywide child labour survey was to be conducted by the Ministry of Labour in collaboration with the National Statistical Office to find out the extent of child labour. It notes the Government’s indication that the results of the survey will be sent to the Office as soon as they are known. It hopes that the Government will be in a position to communicate these results in the near future, and that they will contain information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, and penal sanctions applied.