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

Individual Case (CAS) - Discussion: 2022, Publication: 110th ILC session (2022)

Written information provided by the Government

(i) undertake, in cooperation with the organizations of workers and employers, an evaluation of the existing legal framework on sexual harassment and, in particular, to amend the definition of sexual harassment in section 6(1) of the Gender Equality Act of 2013 to explicitly include hostile work environment harassment;

The Government of Malawi notes the recommendation to amend section 6(1) of the Gender Equality Act (Cap 25:06) to explicitly include hostile work environment harassment. The Government will consult the relevant stakeholders to consider the recommendation.

(ii) identify the initiatives taken to date to prevent and address sexual harassment in the public and private sectors, and the procedures and remedies available to victims, with a view to identifying existing gaps and risk factors and designing effective interventions to strengthen the protection of women workers against sexual harassment;

The Malawi Human Rights Commission (MHRC) is the public institution charged with the implementation of the Gender Equality Act. To this end, the MHRC has been undertaking a number of activities as part of the implementation of the Act. The work undertaken so far includes:

(a) Development of a model sexual harassment policy and its popularization to promote widespread adoption or adaption as the case may be, both by public and private establishments.

(b) Implementation of a situation analysis on sexual harassment in the formal and informal sectors.

(c) Development of Sexual Harassment Guidelines for use as establishments work on the development of their policies which take longer to finalize, especially in the public sector.

(d) Support for 21 institutions of higher learning to develop sexual harassment guidelines between 2021 and 2022.

(e) Capacity-building training courses for both public and private sector establishments on prevention and tackling sexual violence and harassment. Over 20 institutions benefited from such training courses between May and November 2021.

(f) Monitoring of compliance with the Gender Equality Act, in particular sections 6 and 7, by conducting an audit of sexual harassment policies in 60 institutions between November 2021 and April 2022. Advice was provided to institutions that did not have a policy in place.

(g) Investigation of 23 cases of sexual violence and harassment recorded between January 2021 and April 2022. Of these, 12 have since been concluded.

The Department of Human Resource Management and Development (DHRMD), for its part, is responsible for the implementation of the Gender Equality Act within the public service. The Department has a dedicated Gender Unit that conducts sensitization on an ongoing basis as part of its normal programmes.

Regarding the court cases in England concerning Malawi’s tea sector, the Government has not been able to get sufficient facts to assist in addressing the alleged violation in the reported claims. Efforts to identify the victims to help with information that could assist in devising well-informed interventions by the Government have so far been unsuccessful. The claims against Eastern Produce Malawi Limited and its parent company based in the United Kingdom, Camellia, were settled in an out-of-court settlement without admission of liability on their part. Being a confidential settlement which was not disclosed to the Government, the Government has requested the British High Commission in Malawi and Eastern Produce Malawi Limited to assist in gathering information regarding the claims. The claim against PGI, the parent company of Lujeri Tea Estates Limited, is continuing only against the parent company. Hopefully, this case will provide more information during the full trial. The foregoing notwithstanding, the Government will continue to enforce the Gender Equality Act, including in the tea sector which happens to be one of the leading sectors in tackling gender-based violence and sexual harassment. Tea was the first sector in Malawi to adopt a sector-wide sexual harassment policy entitled “Tea Association of Malawi Gender Equality, Harassment and Discrimination Policy.” The sector-wide policy was adopted in 2017 and all tea companies in Malawi are implementing the policy. All managers of the tea companies and the leadership of the Plantation and Agricultural Workers Union (PAWU), as well as the rank-and-file members of PAWU, have been trained on gender-based violence and sexual harassment.

Some major developments and activities that have been undertaken since the adoption of the tea sectoral policy which was launched during the International Women’s Day commemoration held at Thyolo Sports Club in March 2017 include the following:

(i) Establishment of the office of a Gender Equality Coordinator at the Tea Association of Malawi Limited (TAML) Secretariat. The Coordinator provides technical leadership and support to the TAML and its members regarding the implementation of the TAML gender policy and gender mainstreaming in the tea industry.

(ii) Translation of the policy and its guidelines into the local language in 2019 and printing and distribution of copies to all tea estates for greater access by the majority of estate employees, who have low levels of education.

(iii) Establishment of a Women’s Welfare Committee (WWC) in every estate, which acts as a safe space where women discuss issues affecting them. Issues requiring management intervention are subsequently referred to the management of the respective estates for action.

(iv) Establishment of a Gender, Harassment and Discrimination Committee (GHDC) in every tea estate. The GHDCs are mandated to receive harassment and discrimination complaints, deliberate on them and recommend to estates’ disciplinary committees the disciplinary actions to be undertaken.

(v) Formulation of sectoral Gender Equality, Harassment and Discrimination guidelines which elaborate the complaint handling procedure. In addition, the guidelines stipulate what estates ought to do to effectively promote gender equality and equity and address harassment and discrimination in their workplaces.

(vi) Implementation of awareness-raising campaigns focusing specifically on sexual harassment in employment and occupation on an ongoing basis in line with the sector’s policy.

(vii) Training on gender equality and sexual harassment for all employees in the tea industry, supported by different partners, including IDH–The Sustainable Trade Initiative, World University Service of Canada (WUSC) and the ILO.

(viii) Women leadership training: The aim is to equip women with leadership skills as well as mentorship skills so that they can mentor fellow aspiring women leaders and help their employers identify women eligible for promotion to leadership roles in their respective workplaces.

(ix) “Gender Learning and Sustainability” symposium, which has become an annual event since 2019. The aim of the activity is to foster dialogue amongst the TAML, its partners and the Government in order to assess progress made and reassert priorities for institutionalization of gender equality across the tea industry.

(x) Annual sector-level commemoration of International Women’s Day as part of raising awareness on gender equality and sexual harassment. The commemoration brings together all players in the tea sector and the Government. The TAML’s industry-wide GHD policy provides minimum standards for the sector, and individual estates are always urged to do better.

As a result, at the individual estate level, the following measures are in place:

(a) Availability of a variety of grievance-reporting modes, which include use of anonymous complaint boxes, hotline (in the case of Eastern Produce), email addresses, women safeguarding supervisors, workers’ rights adviser, Women’s Welfare Committee, Gender, Harassment and Discrimination Committee, line managers, any member of the Human Resources department and general managers. Each estate has an elaborate grievance-handling mechanism that ensures confidentiality (Lujeri has engaged an external international consulting firm to support them with the grievance-handling process). Eastern Produce (EPM) has created a Gender & Welfare Office. In this regard, a gender expert was recruited in 2021 to promote employee welfare and gender equality in all EPM operations.

(b) Inclusion of a briefing on the policy as part of the induction programme for all newly recruited employees.

(c) Regular participation of estate management and employees in gender equality events such as “16 days of Gender Activism”. Tea is actually one of Malawi’s leading sectors in addressing workplace violence and sexual harassment.

The report of the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF) purporting widespread gender-based violence and sexual harassment in the tea sector has, therefore, come as a big surprise, especially to the tea sector itself. The Government categorically disputes the IUF’s inference that “… the fact that the workers’ complaint was made public and dealt with through a law firm based in the United Kingdom indicates that the established procedures in Malawi at the local and national levels are inadequate for victims of gender-based violence in the workplace who are seeking to achieve justice and to ensure an end to sexual harassment on tea estates”. This is totally untrue and unfounded. In the first place, the complainants never made any attempt to report their complaint locally. Furthermore, the complaint was never made public, at least in Malawi.

Malawi has one of the most robust, open and independent justice systems. Malawi’s constitutional court judges have won the 2020 Chatham House Prize in recognition of their “courage and independence in the defence of democracy”. Countless cases of gender-based violence and harassment are reported to the authorities, notably the Malawi Human Rights Commission, Ministry of Gender, Ministry of Labour and Malawi Police Service, as well as to non-governmental human rights organizations, among others. Some have ended up in our courts. One recent high-profile case that was successfully prosecuted involved Mota Engil, an international construction company.

Everyone, including the IUF, knows why the tea-sector cases in Malawi are being heard in a court in the United Kingdom. The answer is simple: Leigh Day, which is prosecuting the case, is a UK-based law firm and our case is not the first for Leigh Day to prosecute outside the jurisdiction from which it arose. That is the character of the Leigh Day law firm. The details of the victims and the compensation paid to them are never disclosed, making it extremely difficult for governments to follow up. Regarding the IUF’s report on the dismissal of 11 managers and supervisors for sexual harassment-related misconduct, the Government carried out an independent investigation and found a gross distortion of facts.

To begin with, no joint investigation of cases of sexual harassment was ever undertaken by the TAML and PAWU during the stated time or indeed at any time. No specific estate has been mentioned in the report but our investigation suspects it could be the Lujeri Tea Estate, where disciplinary hearings took place in April 2021 following the findings of a routine investigation undertaken by the company itself using an independent international firm, Ethical Trade Consultancy. Only two cases of sexual harassment were identified and properly dealt with within the complaint and the disciplinary frameworks of Lujeri and the laws of Malawi. Surprisingly, even PAWU has disowned the IUF report. The Government welcomes another delegation from the IUF to double-check their facts. We also welcome any credible and well-meaning organization, including the ILO, to come and independently verify the facts as reported by the IUF.

(iii) provide information on the results of the evaluation and the actions envisaged as a follow-up;

The Government acknowledges that there is room for improvement in a number of areas. The Gender Equality Act and other gender-related national legal frameworks that predate the Violence and Harassment Convention, 2019 (No. 190), need to be reviewed to bring them in line with the Convention. I am pleased to report that, with financial support from the ILO, a local consultant is already on the ground to assess gaps in the legal framework as part of broader measures for tackling workplace gender-based violence and harassment more effectively. The Government is also desirous of ratifying Convention No. 190 and looks forward to ILO technical support, with the Organization’s wealth of expertise and experience in this area. More information will be provided once the consultant has completed her work. The Government would like to assure the Committee that we will work closely with the social partners and other relevant bodies in dealing with this matter. We have in fact already started the collaboration as this report is the product of tripartite-plus consultations that took place on 11 May 2022.

(iv) increase the capacity of the competent authorities, including labour inspectors, to prevent, identify and address cases of sexual harassment in employment and occupation, including on tea plantations;

The Malawi Human Rights Commission (MHRC) is strengthening its inspectorate unit through training. Training for labour inspectors in the Ministry is ongoing and the next training programme is scheduled to be conducted in June 2022, with technical support from the ILO. One of the items on the training programme is concerned with detecting and addressing cases of sexual violence and harassment. The tea sector has been purposely targeted.

(v) continue undertaking awareness-raising campaigns in collaboration with the social partners;

As explained above, the MHRC, the Department of Human Resource Management and Development (DHRMD) and the Tea Association of Malawi Limited (TAML), as well as individual tea companies, have been conducting awareness campaigns. The Ministry will be joining together with the partners.

(vi) provide information on the adoption of the Sexual Harassment Workplace Policy pursuant to section 7 of the Gender Equality Act and its implementation;

The MHRC, as per its mandate, reviewed draft policies of institutions submitted to the Commission for the purpose of checking consistency with the Gender Equality Act as a quality assurance measure. Ten draft policies were reviewed between November 2021 and April 2022. The institutions concerned include: the Ministry of Forestry and Natural Resources, Malawi Police Service, National Youth Council, Electricity Supply Corporation of Malawi Limited, Sunbird Tourism PLC, Old Mutual Limited (Malawi) and the DHRMD. The policy for DHRMD covers the entire civil service and was validated on 18 May 2022, after which it is due to be submitted to the Government (the Office of the President and Cabinet) for consideration by the end of 2022. The draft policy has accompanying guidelines to facilitate implementation of the policy.

(vii) consider amending section 6(1) of the Gender Equality Act to ensure that the term “reasonable person” in the definition of sexual harassment no longer refers to the harasser, but to an outside person.

The Government of Malawi notes the recommendation to amend the definition of sexual harassment under section 6(1) of the Gender Equality Act (Cap 25:06). However, we would like to draw the Committee’s attention to the principle of “reasonable person” in Malawian law. “Reasonable person” is a common law standard used as an objective test by courts in Malawi in both civil and criminal law. “Reasonable person” is appropriate for the reason that it offers an objective test that goes beyond the harasser. We look forward to further engagement with the Committee to elaborate on how the concept of “reasonable person” is interpreted under Malawian law.

In conclusion, the Government wishes to register its disappointment with the whole approach of the IUF on this matter for the deliberate distortion of facts to paint a grim picture of the situation in our tea sector when that is not the case. We are further disappointed that the IUF never bothered to share its report with the Malawian Government. It was left to the ILO to share its copy of the report on 11 May 2021, a day after the stakeholders’ consultation meeting. We suggest that in future the ILO should be strict in ensuring that such reports are furnished in good time to all the parties concerned.

Discussion by the Committee

Government representative, Minister of Labour – The Government of Malawi notes the observations of the Committee of Experts and wishes to respond as follows. On the recommendation to amend the definition of sexual harassment, under section 6(1) of the Gender Equality Act (GEA), we find the use of the term “reasonable person” in the definition appropriate for the reason that it offers an objective test that goes beyond the harasser; that is to say, looking at the circumstantial evidence surrounding the harasser’s conduct. However, we welcome further engagement with the Committee to elaborate on how “reasonable person” is interpreted under Malawian law in order to reach a common understanding.

We do not rule out an amendment to this section to clarify the law so as not to leave anyone behind, or not to leave any doubt.

The Government of Malawi also notes the recommendation to amend the same section, to explicitly include “hostile work environment harassment”. The Government will consult relevant stakeholders to consider that recommendation.

The Government of Malawi takes gender-based violence and harassment in the workplace very seriously, that is why section 7 of the GEA requires employers to come up with workplace policies for the elimination of sexual harassment in their workplaces. There is also a dedicated public institution, the Malawi Human Rights Commission (MHRC), that is charged with the overall responsibility of implementing the Act. Among other functions, the MHRC promotes, protects and enforces the GEA in Malawi. It also educates the masses, including workers and employers, on gender-based violence and harassment. The Commission has also developed a model sexual harassment workplace policy and workplace sexual harassment guidelines, which it is popularizing for widespread adoption by enterprises.

There are also a number of civil society organizations working in the area of gender rights. These are organized under an umbrella body, the NGO Gender Coordination Network, and are very active in championing gender rights. They work very closely with relevant government institutions including the Ministry of Gender, the Ministry of Labour, the MHRC itself, the Malawi Congress of Trade Unions (MCTU) and its affiliates and the Malawi Police Service.

Regarding the report of the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF) on cases of gender-based violence and harassment in the tea sector in Malawi, it should be noted that the tea sector, under the Tea Association of Malawi Limited (TAML), has a sexual harassment policy in place which was adopted in 2017. Since then, a lot of awareness-raising across all levels of employees, ranging from top management down to estate labourers at the lowest level, has been conducted and is continuing. Individual tea estates have their own workplace programmes. Some estates have even engaged gender specialists to support their enterprise-based gender programmes.

In short, addressing sexual harassment in the tea sector has been institutionalized. You may wish to know that from time to time the Ministry of Labour conducts inspections to these estates and I have personally been on several of them and one of the things that I have noted was the fact that even community members were aware of the systems and structures that have been put in place by these tea companies to address gender-based violence and harassment issues.

An independent investigation was conducted by the Ministry of Labour, for which I am the Minister responsible, to verify the IUF report. To our disappointment, the IUF report has been found to be a gross exaggeration and distortion of the situation on the ground. This case was escalated without any discussion whatsoever at national level and neither were the tripartite players engaged.

In the first place, the Plantation and Agriculture Workers Union (PAWU), which is reported to have conducted joint investigations with the TAML that purportedly led to the dismissal of 11 managers and supervisors on sexual harassment-related misconduct, denied ever having participated in such an exercise. PAWU also denied knowledge of the purported dismissals. The Ministry’s investigations only established two cases of sexual harassment on one tea estate. These two cases came to light following investigations by an independent international firm, Ethical Trade Consultancy, that the tea estate hired to assist in investigating cases of misconduct by estate managers and workers.

Despite several requests, the Malawi Government has not been furnished with any details of the report or the reported sexual harassment court cases in the United Kingdom. As such, therefore, we are unable to comment much on the same or use information therefrom to address the problem. We understand that there was a confidential out-of-court settlement to the tune of £3 million but, as the Government, we are not aware of how much of the settlement money went to the purported victims.

We are also keen to find out who the victims are, because in Malawi, once the court orders anonymity, every party to the proceeding would be bound by that order. In that regard, therefore, not even the media can risk contempt-of-court charges. However, information is needed to assist in addressing any gaps that may exist, whether in the law or in procedures.

The inference by the IUF that the established procedures in Malawi at the local and national levels are inadequate for victims of gender-based violence in the workplace is blatantly wrong and quite unfortunate. The fact of the matter is that the UK-based law firm in the case prefers prosecuting cases in the United Kingdom for its own convenience. In the case of the Malawi tea sector, the court cases are proceeding only against UK-based parent companies of the two Malawi tea companies, which successfully submitted a challenge to be excluded on the basis that Malawi has competent courts and a world-renowned judicial system with massive abilities to successfully try these cases locally. The claimants’ allegations that there is a real risk of lack of justice in Malawi through the courts are therefore both incorrect and unfounded.

There are numerous cases of sexual harassment being handled by our courts at the moment and some that were concluded, which may attest to this point. One recent famous case involved an international company, whose judgment can be accessed online, and another one involving the State against the Inspector-General of Police and others. In both cases, judgment was delivered in favour of the women. It is therefore on this basis that the Malawi Government predicts that the court in the United Kingdom will dismiss the claim on the basis that the United Kingdom is not the proper forum for bringing sexual harassment claims that allegedly happened in Malawi. We therefore strongly believe that there is no risk of injustice if the cases were to be heard in Malawi.

Individual tea estates have a number of reporting channels for sexual harassment cases, including committees specifically established for this purpose, with the awareness-raising that has been going on since 2017 when the tea sector adopted a sector-wide sexual harassment policy. Sexual harassment cases are being reported to the estate authorities and dealt with through internal procedures of the estate and, where appropriate, escalated to the courts. The cases remain few, though, and are not at the scale portrayed by the IUF in its report. Had it not been for the exaggeration and distortion, it is my considered opinion that Malawi did not at all deserve to be double footnoted.

The foregoing notwithstanding, the Government of Malawi welcomes an ILO mission and any credible institution to come and conduct independent investigations to establish the true extent of gender-based violence and sexual harassment in Malawi’s tea sector. We promise to cooperate fully with anyone. The IUF is also welcome to make another visit for the purpose of double-checking facts on the ground.

In conclusion, the Government of Malawi will continue to enforce the GEA. The Government also acknowledges that there is room to improve measures for preventing gender-based violence and harassment in the workplaces, protecting the victims and addressing a whole range of issues on violence and harassment in the workplace. To this end, the Government of Malawi undertakes to continue working very closely with the social partners. The Government recognizes that the GEA may require reviewing in light of the Violence and Harassment Convention, 2019 (No. 190), which the Act predates. The Government is further seriously considering initiating the process of ratifying Convention No. 190 in order to enhance measures for preventing and addressing violence and harassment in the workplace. In this regard, therefore, the Government would appreciate the ILO’s technical support.

Worker members – This is the first time that our Committee is discussing the application of Convention No. 111 with respect to Malawi. Malawi ratified the Convention in 1965. The gaps in the existing legislation, the systematic and serious violation in practice and the harmful impact on victims, including the irreparable damage caused by sexual violence and discrimination, justifies the fact that this case is being discussed as a double-footnoted case. In addition, the institutional weaknesses identified in the report clearly demonstrate the failure of the Government of Malawi to comply with the Convention. Malawi’s Constitution prohibits discrimination against women on the basis of gender. In 2013, the GEA was enacted to prohibit and provide redress for sex discrimination, harmful practices and sexual harassment. However, as the report shows, women workers in Malawi are exposed at work to rape, sexual assault, sexual harassment, coercion and discrimination by male workers. We deplore the systematic sexual violence and harassment in Malawi, including the rape, assault and discrimination suffered by women workers on tea and macadamia nut plantations. In 2019, a case was filed in a London court on behalf of 36 Malawian women who had suffered gender-based violence and harassment, including rape and sexual harassment while working on tea estates in the Mulanje and Thyolo districts in Malawi. In 2021, a similar case was filed, also in London, on behalf of 31 Malawian women who had been subjected to sexual harassment, sexual assault, coerced sexual relations and rape, spanning a period from 2014 to 2019, while working on tea plantations and macadamia nut orchards in southern Malawi. The continued and systematic nature of these violations reveal deep institutional weaknesses in holding perpetrators to account, including by prosecutors, courts, labour inspectors, employers in the private and public sectors, and victim protection authorities. According to reports, the companies claim that they have adopted sexual harassment policies that were accessible to all employees, and frequently reviewed. If any such policies exist in practice, the hostile and intimidating workplace environment prevented the majority of the victims from reporting the abuse for fear of losing their jobs or suffering retaliation from their abusers.

A similar challenge appeared to exist with the judiciary. In one case in 2021, the Malawi courts ruled in favour of an employee who had been sexually harassed. However, these are few and far between. It is clear that women in general face challenges and obstacles accessing the courts in Malawi. For example, according to the statistics cited by a judge of the High Court of Malawi, only 6.4 per cent of cases (358 out of 5,553) filed in the Industrial Relations Court between 2012 and 2015 were filed by women applicants.

According to Article 8 of the Universal Declaration of Human Rights, referred to in the Preamble of the Convention, everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted to him [or her] by the Constitution or by law. We see an urgent need to review the extent to which women access the courts in Malawi, in sexual harassment cases in particular.

Let me now cover anti-sexual harassment laws, and specifically the definition of sexual harassment contained in section 6(1) of the GEA of 2013. This definition says that sexual harassment is unwanted conduct of a sexual nature in circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated that the other person would be offended, humiliated or intimidated. Already in 2019, the Committee of Experts requested the Government to amend this definition to ensure that the term “reasonable person” in the definition of sexual harassment no longer refers to the harasser but to an outside person. Further, the Committee of Experts recommended that the definition of “sexual harassment” should explicitly include hostile work environment harassment. The Government must implement the Committee of Experts’ observations without further delay. The incomplete definition in the GEA is a major setback in fighting gender-based violence and limits women’s access to justice in cases of sexual harassment. Furthermore, we know that section 7 of the GEA obliges the Government to ensure that employers have developed and are implementing appropriate policies and procedures aimed at eliminating sexual harassment in the workplace, which shall entitle all persons who have been subjected to sexual harassment at work to raise a grievance about its occurrence and be guaranteed that appropriate disciplinary action shall be taken against perpetrators. This section also calls for a designated person, outside of line management, who could be approached by a person who has been subjected to sexual harassment for confidential advice and counselling. As the current court case litigated in the United Kingdom demonstrates, immediate action is needed to ensure that employers comply with the requirements enshrined in section 7 of the GEA. At the same time, the Government should immediately increase the capacity of labour inspectors to prevent, identify and address cases of sexual harassment in employment and occupation. In doing so, the Government should ensure that labour inspectors are gender-responsive, recognizing that women are disproportionately exposed to discrimination and violence at work. This can be achieved through the recruitment of more women labour inspectors and by introducing gender equality indicators for inspection. Businesses must themselves take up their obligations to respect labour and human rights at the workplace seriously.

Sexual harassment is a violation of the fundamental human right to non-discrimination. The Government of Malawi has failed to comply with the prohibition of discrimination in employment and occupation, including sexual harassment, contained in Convention No. 111. The Committee of Experts has concrete and practical requests for the Government of Malawi. The Government must take immediate and practical measures in line with these comments to ensure and implement a zero-tolerance policy towards gender-based violence, including sexual harassment. We welcome the intentions announced by the Government in the additionally provided information – that the GEA and other gender-related national legal frameworks that predate Convention No. 190 need to be reviewed to bring them into line with this Convention, including the desire to ratify Convention No. 190.

Employer members – This case involves the examination of the application in law and practice by Malawi of Convention No. 111. This is a fundamental Convention which Malawi ratified in 1965. The case is double footnoted. It is being examined by this Committee for the first time, although the Committee of Experts has previously made two observations, in 2019 and 2020.

The basis for the latest observation and the case coming before this Committee is mainly the allegations by the IUF that there is widespread sexual violence in the tea industry in Malawi and that the local legal framework is inadequate to address it and provide protection to female workers, as court action was initiated in the United Kingdom against Malawian companies and their associated companies in the United Kingdom.

The Committee of Experts noted these allegations from the union with serious concern and called on the Government to, among other things, conduct a gap analysis of the legal framework, identify initiatives taken to eliminate sexual harassment, provide information on the results of the evaluation, improve the capacity of competent authorities to address sexual harassment, continue with awareness-raising campaigns, provide information on the adoption of the sexual harassment and workplace policy in line with section 7 of the GEA, consider amendments to section 6(1) of the GEA to ensure that the definition of “reasonable person” goes beyond the harasser, as well as broaden the definition of “sexual harassment” to explicitly include hostile work environment harassment.

We thank the Government for the comprehensive information provided on 16 May 2022, which was also elaborated on by the representative of the Government of Malawi here today. This relevant and up-to-date information helps the Committee in consideration of the case.

We note that the Government disputes the allegations made by the IUF and that the Government has made efforts to establish the details of these allegations. We wonder, however, whether the Government has engaged or not the most representative employers’ organization in the country, the Employers’ Consultative Association of Malawi (ECAM), in this regard.

The Government has highlighted a number of initiatives that are being undertaken by the Malawi Human Rights Commission (MHRC), the Department of Human Resource Management and Development (DHRMD), and employers in the tea plantations. These include, among others, assistance to public and private entities with their workplace harassment policies, awareness campaigns, targeted training for management and general staff in the tea plantations, and inclusion of sexual harassment policies as part of induction programmes for new staff, as well as consultation with social partners to consider amendments to the GEA, especially section 6.

We also note that the ILO is already providing financial and technical assistance to Malawi, which has enabled work to be undertaken to analyse any gaps in the national legal framework with a view to possibly ratifying Convention No. 190. We further note that the Government has also requested ILO technical assistance in respect of the Committee of Experts’ recommendation to amend the definition of “reasonable person” to extend it beyond the harasser. We trust this assistance and engagement at the national level will lead to the harmonization of Malawi’s legislation with international standards.

The Employer members accordingly encourage the Government to continue addressing the legal issues with technical assistance from the ILO as far as necessary and to consult with its social partners. The Government is also encouraged to keep the Office informed of progress in this regard.

Worker member, Malawi – The Malawi Congress of Trade Unions (MCTU), which is the most representative organization of workers in Malawi, has noted the basis of the case relating to findings of the IUF report on issues of sexual harassment prevalent in the tea sector and possibly in other sectors in Malawi. We have also taken note of the attempt by the Committee of Experts to raise issues as regards gaps in our laws in order to address challenges of sexual harassment in the tea sector and possibly other sectors too.

The MCTU could have appreciated it if this case had also been discussed at a national level before it was escalated to this level. However, we acknowledge the position taken by the Malawian Government in response to the issues raised in the findings of the IUF report and the identified legislative gaps. Our prayer in this regard is that the Government of Malawi should endeavour to mobilize the tripartite partners, including our employer counterparts, to find common ground and take bold decisions to find lasting solutions to these emerging issues. It is true that this situation is in conflict with Convention No. 111 and the Safety and Health in Agriculture Convention, 2001 (No. 184).

We draw our strength from the guidelines provided by Convention No. 190 which would guide in crafting favourable legislation to tackle the challenge of violence and sexual harassment in the workplace. Therefore, we cannot bury our heads to reality and raise procedural and technical issues instead of taking bold steps towards ratification and domestication of Convention No. 190. We are confident that the ratification and domestication of Convention No. 190 will comprehensively address the identified technical misunderstandings in our legislation and align our legislation to international standards.

In this light, we use this opportunity as a workers’ organization to request support from the ILO towards the ratification and domestication process of Convention No. 190 as a starting point and perhaps undertake more research and scale up awareness measures in this regard.

Employer member, Malawi – The Employers’ Consultative Association of Malawi (ECAM), as the national employers’ representative body, is involved through its affiliate, the Tea Association of Malawi Limited (TAML), in implementing initiatives in the tea industry to promote a decent and safe work environment for all workers, including women. ECAM has noted the IUF report about cases of gender-based violence and harassment in the tea sector in Malawi and wishes to respond as follows.

At the international level, Malawi is a State party to several international human rights instruments, including those that are under the auspices of the ILO which deal with workers’ rights. To this end, the Government of Malawi ratified Convention No. 111, which it takes seriously. At the national level, Malawi, among others, has enacted the following laws: the Constitution of the Republic, the GEA of 2013, the Employment Act and the Labour Relations Act, which, among others, prohibit and criminalize discrimination and sexual harassment in the workplace and also provide statutory aggravated grievance-handling mechanisms. In the tea sector, the tea industry has over 60,000 employees at the peak period, comprising both permanent and seasonal employees, 30 per cent of whom are women. The industry is the second biggest formal employer after the Government.

The TAML is an affiliate of ECAM and it is the representative body for all employers and producers in the tea industry in Malawi.

The tea industry has a gender equality, harassment and discrimination policy in place, which came into force in 2017, and all members have adopted this. The policy and guidelines comply with the requirements of the GEA and provide efficient and effective grievance-handling mechanisms. All 60,000 employees in this sector have since been trained and oriented on the policy, including its grievance-handling mechanisms. The industry has established at estate level various working committees which include women’s welfare committees and gender harassment and discrimination committees, which receive complaints, deliberate on them and recommend redress. The tea industry has continuing awareness-raising programmes for all employees at all levels.

ECAM and the TAML continue to work with different partners, including the ILO and IDH – The Sustainable Trade Initiative, to promote workers’ rights including in relation to violence and harassment.

It has already been pointed out that the tea industry is inspected by the Government of Malawi through the Ministry of Labour. The latest inspection was done under the leadership of the Honourable Minister of Labour. For an industry with over 60,000 workers, if such cases exist, they remain few and not on a scale that has been portrayed by the IUF in its report. These are identified and sanctioned by laws.

In conclusion, ECAM denies the allegations of rampant sexual harassment in the tea industry. ECAM remains committed to improve measures for preventing gender-based violence and harassment, including adequate protection of victims. ECAM is also working with the investment climate reform facility to carry out a gap analysis that will provide evidence-based responses to challenges that exist at this point and would appreciate ILO technical support.

Lastly, ECAM recognizes the right of the IUF to report the matter through the ILO. It seriously notes with concern that it was not consulted or informed of the issues as a social partner at the national level prior to the report that was submitted to the ILO. Good faith entails that the social partners should be consulted at a national level.

Government member, France – I have the honour to speak on behalf of the European Union (EU) and its Member States. The candidate countries North Macedonia and Albania, and the European Free Trade Association countries Iceland and Norway, Members of the European Economic Area, align themselves with this statement.

The EU and its Member States are committed to the promotion, protection, respect and fulfilment of human rights, including labour rights.

We actively promote the universal ratification and implementation of the fundamental international labour standards. We support the ILO in its indispensable role to develop, promote and supervise the application of ratified international labour standards and of fundamental Conventions in particular.

The principle of equality and non-discrimination is a fundamental element of international human rights law. In the EU founding treaties and the constitutions of the EU Members, the prohibition of discrimination is a core principle. Convention No. 111 is the translation of this fundamental human right to the world of work, employment and occupation.

The EU and its Member States are long-term partners of Malawi. This partnership is further reinforced in the framework of our cooperation with the African Union (AU) and the Southern African Development Community (SADC), as well as in including Malawi among beneficiaries of the EU’s “Everything but Arms” scheme for least developed countries.

We are gravely concerned about observations of the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF) describing the systemic problem of gender-based violence and harassment, including rape and sexual harassment, on tea plantations faced by women mainly employed under seasonal, and hence precarious, contracts. We are also alarmed by reports of women being subject to sexual harassment in agriculture and other sectors.

We take note of the efforts to investigate the cases of sexual harassment on tea plantations, but fully share the IUF’s concern that the existing legal framework, as well as current initiatives, are not sufficient to eradicate gender-based violence and sexual harassment on tea plantations.

We urge the Government, in line with the Committee’s report, to undertake, in cooperation with social partners, an evaluation of the existing legal framework on sexual harassment and, in particular, to amend the definition of “sexual harassment” in section 6(1) of the GEA of 2013 to explicitly include hostile work environment harassment, as well as increase the capacity of the competent authorities, including labour inspectors, to prevent, identify and address cases of sexual harassment in employment and occupation, including on tea plantations. In addition, the procedures and remedies available to victims should be improved significantly in order to achieve justice. Prevention measures and awareness-raising campaigns on sexual harassment in employment and occupation, made in collaboration with the social partners, should also be strengthened. Given the seriousness of the issue, we also encourage the Government of Malawi to avail itself of ILO technical cooperation.

The EU and its Member States stand ready upon request from the Malawian Government to provide technical assistance to address the matters raised by the IUF. Malawi remains one of the priority countries covered by the EU and UN Spotlight Initiative, a multi-year partnership to eliminate all forms of violence against women and girls launched in September 2017. Under this initiative, Malawi has already benefited from over US$28 million in funding focused on a comprehensive prevention strategy that addresses the structural gender-based violence issues and links to sexual and reproductive health and rights.

The EU and its Member States remain committed to our close cooperation and partnership with Malawi and look forward to continuing joint efforts with the Government and the ILO.

Government member, Mozambique – The Government of Mozambique would like to thank the representative of the Government of Malawi for the clarification provided regarding the issues raised by the Committee of Experts on the implementation of the Convention. The information delivered in this session demonstrates the respect that the Government of Malawi has for this Committee and its commitment to fully answering the questions raised. The Government of Mozambique congratulates the Government of Malawi for showing openness with regard to clarifying the scope of the concepts contained in the Malawian GEA and for actions it has been taking to address sexual harassment in the workplace in general, and in the agricultural sector and the tea industry in particular. The Malawian Government is committed to working with its social partners to promote the protection of workers and recognizes that there is still room to improve its interventions in the prevention of violence and harassment in the workplace.

As a demonstration of this commitment, the Government of Malawi indicated that the ratification process for Convention No. 190 is under way. In this context, the Government of Mozambique recommends ILO technical assistance in creating the conditions for the effective implementation of this Convention after its ratification.

Employer member, Botswana – First of all, we must acknowledge the seriousness and importance of women, both at society level and especially in the workplace. Sexual harassment, indeed, does not have a place anywhere in our society. Every nation must strive for the protection of women and promotion of equality, equal opportunity and pay at work, and their safety, most importantly.

However, we have three observations on this case that we want to put across. First of all, the issue of dialogue, the need for technical assistance to establish, strengthen and promote the national structures, especially dialogue, to ensure that the tripartite structures are not a zero sum, must be emphasized here. Indeed, in the words of our Director-General, who is just ending his term of office, this is quite necessary.

The case in point demonstrates that there has not been any form of engagement or dialogue between the parties – which indeed cuts across the very fabric of our existence as the ILO.

Regarding the serious violations of the nature alleged by the workers’ association, the Government and employers alike must unite to establish the veracity of such allegations and ensure that they are dealt with correctly and decisively.

We observe that there has been the enactment of the GEA in Malawi, which is in itself a huge milestone towards achieving the very equality we want to promote if there is to be any inadequacies that are to be found. The tripartite actors must be the first to collectively engage to make sure that improvements are realized in the national structures of Malawi.

Substantive issues – it appears from the brief we have received that substantive issues have not been satisfactorily approached in this matter. These substantive issues, if put forward openly, should form the basis for improvement on procedures, policies and laws to prevent future recurrences. Most importantly, it appears from the brief, that the Government has done a lot in terms of awareness campaigns, investigations and other interventions; this in itself is commendable and must be applauded. We must be seen both in actions and perception to be respectful of the sovereignty of the local, independent dispute resolution mechanisms. In this case, it shows that internally we have not exhausted all measures to get to the bottom of these issues.

Social dialogue must be encouraged for the parties concerned to engage meaningfully on the matter and in this case, it would appear that there has not been any meaningful engagement at sectoral and national levels. We must only escalate issues to an international stage when these local remedies are either non-existent, ineffective or wilfully ignored and in this case, I see little effort from the parties to follow the said national guidelines and structures. It is not convincing here that the local remedies have not been thoroughly put to the test, thoroughly exhausted and have dismally failed.

Lastly, we note and observe that this matter has been double footnoted by the Committee of Experts in the classification status. Rightly so, because of the serious nature of the violations of women’s rights which we appreciate. But on the basis of what has been submitted so far on the floor in different forums, the classification has been a bit excessive. In this case, we firmly believe that this can be resolved at a national level and not at the stage where we are now.

Government member, Zimbabwe – The Government of Zimbabwe appreciates the interventions made by other delegates, especially the Workers’ and Employers’ groups. It also appreciates the information submitted by the Government of Malawi on the measures taken to address sexual harassment in general as requested by the Committee of Experts. Furthermore, it appreciates the measures that Malawi has been implementing to address sexual harassment against women in the tea industry with particular reference to policy guidelines and the establishment of committees mandated to deal with such issues, among other initiatives.

We note that tripartite constituents within the subregion had the opportunity to discuss the issues which form the subject of the discussion of today during the SADC employment and labour sector meeting held in March 2022. In the deliberations during the said SADC meeting, the ILO Decent Work Team in Pretoria offered to provide technical assistance through the engagement of the social partners in Malawi with a view to finding a solution to the issues in question at national level.

Accordingly, we submit that the social dialogue framework in Malawi assisted by the ILO Pretoria Decent Work Team should be given the opportunity to engage and establish an agreed framework in dealing with the issues under discussion.

Government member, United Kingdom of Great Britain and Northern Ireland – I am speaking on behalf of the United Kingdom and Canada. The United Kingdom and Canada strongly support the imperative to end sexual harassment and violence in all its forms in the workplace. We firmly stand for individual freedom, humanity and dignity, including the rights of women and girls. The United Kingdom and Canada welcome efforts in Malawi to fight sexual harassment and promote gender equality.

Effective safeguarding in both the public and private sectors are prerequisites for service delivery and economic development. We encourage all stakeholders in Malawi to intensify these efforts and encourage Malawi to request technical assistance from the ILO to further address these issues.

The United Kingdom and Canada are supportive of the existing work of the Malawi Human Rights Commission (MHRC) in this area and will look forward to engaging with the Government of Malawi, its institutions, social partners and the private sector through ILO mechanisms to address these concerns.

Government member, Zambia – The Government of Zambia notes the information supplied by the Government of Malawi relating to the various observations of the Committee of Experts. Zambia takes special notice of Malawi’s legal system and understands that it is a common law jurisdiction and that the term “reasonable person” is an unequivocal and well-understood principle to infer the requirement for the application of an objective assessment or standard when used.

Zambia takes note of Malawi’s commitment towards upholding tripartism to enhance protection of workers while acknowledging that there is scope to progressively and completely eradicate violence and harassment in the workplace. Zambia especially notes the information, with admiration, that the Government of Malawi has initiated the process of ratifying Convention No. 190 and implores the ILO to provide Malawi with the support it desires in this regard.

Government member, Eswatini – My delegation would like to recall that Member States which ratify this Convention undertake to declare and pursue a national policy designed to promote, by methods appropriate to national conditions and practice, equality of opportunity and treatment in respect of employment and occupation, with a view to eliminating any discrimination in respect thereof.

We would also like to draw the attention of the Committee to the provisions of Article 3 of the Convention, which provides that promotion of the acceptance and observance of the national policy for eliminating discrimination shall be pursued, by methods appropriate to national conditions and practice, with the cooperation of employers’ and workers’ organizations and other appropriate bodies.

What we wish to underline here is that this is a shared responsibility which requires discussion with the social partners.

We have had occasion to consider the information that has been provided by the Government of Malawi before the resumption of the sitting of this Committee as posted on its web page and the new information that has been presented by the Honourable Minister today. From the information supplied, we have taken note that, both through legislative and national policy instruments, Malawi has endeavoured to implement the Convention in both law and practice.

We also get the sense that the Government has serious intentions directed towards the full implementation of the Committee’s comments. The Government indicates being amenable to initiating the requisite consultative engagements with regard to those recommendations requiring legislative reforms and is availing itself of the ILO’s technical assistance in this respect and other areas of concern.

With the level of flexibility that has been demonstrated by the Government of Malawi, this delegation is of the considered view that technical assistance and support must be provided to the Government in order to address the areas of concern at a national level.

Worker member, Zimbabwe – I would want to highlight that this case was double footnoted, hence its automatic selection for discussion by this Committee. The double footnote alone speaks volumes regarding the fact that the Government of Malawi has not been sincere for years in taking measures to address issues of discrimination in employment and occupation and, in particular, matters to do with sexual harassment and gender-based violence against women.

Allow me to highlight some of the social, human and economic impacts of sexual harassment. When someone is sexually harassed, it leaves them feeling extremely threatened, humiliated and patronized. This also creates a threatening and intimidating work environment that makes the harassed person scared to even go back to work. The social and human costs of sexual harassment can be very high and, in the worst cases, women have committed suicide. Some families have divorced, creating problems for children. In all cases, it makes victims’ lives difficult, and it is even worse if the matters have received publicity.

The society we live in tends to frown upon victims and at times victims are blamed or accused of having started it. Women who are harassed are always made to feel at fault, and if they complain they may be dismissed or lose promotion prospects at the workplace or even be forced to resign.

Sexual harassment also has a detrimental effect on the workplace itself. As it affects workers’ morale, it makes them less efficient. Harassed people also suffer from mental stress and in countries like Malawi, where there is limited support or where there are weak or non-existent systems, it is quite crucial that the issue be looked at holistically.

If we are talking about decent work, then we must not allow acts of sexual violence in our society, as these deprive people of their dignity. Sexual violence and all forms of gender-based violence are a threat to equality, a threat to equal opportunities and a threat to safe, healthy, and productive working environments. We need to protect the dignity of our workers and stop creating threatening, hostile, insulting, humiliating or offensive situations in the workplaces.

Sexual harassment constitutes a violation of human rights and I call upon the Government of Malawi to go further than what they have done to implement the recommendations of the Committee of Experts and create an enabling environment for its workers and the people of Malawi. And it is quite crucial that they also set an example for the SADC region itself.

Although this discussion is centred only on Malawi, I would also want to buttress the importance of this discussion to be mentioned throughout the African region, where these problems of gender-based violence and non-compliance with the Conventions exist, and I hope the recommendations of this case will guide the entire SADC region and others beyond it.

Lastly, I call for the ratification of Convention No. 190 and its full implementation in the SADC region.

Worker member, Brazil – Sexual harassment and violence against women is a devastating blow to the personal and professional lives of millions of workers all over the world. It is unfathomable and reprehensible that the Government of Malawi is not taking seriously its obligations in that regard or the recommendations of the Committee on the matter.

For example, in a previous observation, the Committee asked the Government, among other things, to take the necessary steps to implement the strategy on equality and diversity in the public service management policy, and particularly to adopt legislative, executive and administrative measures to that end.

To that end, the Committee’s report this year notes that the Government has stated, among other things, that the Public Service Act is being reviewed in light of the GEA, in collaboration with the Malawi Human Rights Commission (MHRC). In that regard, the Committee asked the Government to provide information on the outcome of the review of the relevant legislation on the public sector and the actions taken in this respect. In its written information of 16 May 2022, the Government reports that the MHRC has reviewed the draft policies of various institutions to check consistency with the GEA. One of policies reviewed was that of the Department of Human Resource Management and Development (DHRMD), which covers the entire public service, which was validated on 18 May 2022. However, the Government does not explain or provide information about the review of the aforementioned Public Service Act. The Government must explain this point and, if it has not already done so, it must amend the Public Service Act to conform with the standards established by the GEA. In addition, in its written information of 16 May 2022, the Government, referring to the recommendation from the Committee of Experts, states that it will amend the definition of harassment in section 6(1) of the 2013 GEA and consult with the relevant stakeholders to consider the recommendation. However, we recall that the Committee made this recommendation back in 2014, so more than seven years have passed since then without the Government taking any steps at all. This appears to demonstrate that the Government is not taking either its international obligations or the recommendations of the Committee seriously. In these circumstances, how can we be expected to take the Government of Malawi’s latest promises seriously.

On the other hand, it is a positive sign that the Government also wishes to ratify the Violence and Harassment Convention, 2011 (No. 190), and is looking forward to ILO technical support. We hope that this support will materialize and that, in consultation with the social partners, this Convention is ratified and implemented in practice. This too requires a firm and genuine commitment from the Government to allocate sufficient financial resources to ensure the effective implementation of Convention No. 190 in practice.

Observer, International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF) – In August 2021, the IUF, together with five national unions of Malawi which are affiliated to us – representing workers in the hotel, food, catering, tobacco, sugar, commercial, industrial and plantation sectors – jointly submitted an observation to the Committee of Experts bringing its attention to the fact that gender-based violence and harassment was endemic in tea plantations in Malawi. Women workers are the most affected and they are then unable to exercise their rights under the Convention.

This observation was grounded on information from union members, reports, research papers and the material made public by the local and international media proving that sexual harassment is widespread in the country’s tea sector. There is massive evidence of the problem. I will quote just one more recent item.

On 27 May 2022, in an interview with the Malawi News Agency, the Head of Coordination and Capacity Building of the National AIDS Commission said that in tea estates issues of sexual abuse are high. “Reports indicate that trading sex for favours is one of the factors contributing to high transmission of HIV and AIDS in different workplaces”, he added. Following this statement, a representative of the Tea Association of Malawi Limited (TAML) said: “It is unfortunate to note that sex for work is still rampant in the estates”.

These are the voices from Malawi.

The situation described concerns not only tea workers; workers in agriculture and other sectors are also subject to gender-based discrimination, violence and harassment. But I have to make a clarification. We never produced a report. We have never produced a public report and it is wrong to consider our internal submission in this way; basically, workers decided to exercise the right in this case to bring the issue internally into the ILO system for discussion. But it was not an attempt to publicly accuse the Government of anything. It was an offer to start a dialogue.

We welcome the response of the Government, which explains in detail the efforts undertaken in the country to deal with the issues of discrimination. We appreciate the stated commitment of the Government to continue working in this direction. We believe that this is the right attitude for the country, whose economy is heavily dependent on the supply of tropical commodities for the international market.

Nevertheless, we remain convinced that these initiatives of the Government and the existing legal framework are not sufficient to eradicate the systemic problem of gender-based violence and sexual harassment on tea plantations.

We regret to note that the response provided by the Government contains a misunderstanding of the intentions of the unions and does not cover the critical areas where immediate action needs to be taken with a view to eliminating discrimination.

The women victims deserve justice and security. A person aggrieved because of sexual harassment need not exhaust internal procedures before civil proceedings can be instituted. The Government has an obligation to provide security for the victims and their families; but in this case the Government failed even to establish the names of victims.

Sexual harassment is a challenge for the tea sector and, in this context, we would like to repeat our request for independent research to better understand the causes of gender-based violence on tea plantations, including work arrangements and non-standard forms of work which make women vulnerable.

Finally, we believe a tripartite meeting is needed with assistance from the ILO to engage all parties, including companies and unions, in the development of sectoral policies for the elimination of gender-based violence and discrimination.

Government representative, Minister of Labour – We maintain our position that the phrase “reasonable person” refers to an objective bystander and not the harasser, as intimated in the report, and I want to explain a little bit regarding our position.

The considered view of the Government of Malawi is that, contrary to the Committee’s observation, the term “reasonable person” is appropriate for the reason that it introduces an objective test in reference to an outsider, not the harasser. The term “reasonable person” is used by the courts in Malawi, in both criminal and civil cases. Reference to the harasser as proposed by the Committee would introduce a subjective test approach to proving the offence under section 6(1) of the GEA. The subjective test standard would require that the prosecution should prove the harasser’s real state of mind at the time of the commission of the offence, while the objective test would look at the circumstantial evidence surrounding the harasser’s conduct. Using the subjective test, a defendant can escape liability by simply showing that they did not intend to commit the offence. The objective test looks at the risk that the defendant took in pursuing their chosen step. It is thus easier to prosecute an accused person using the objective test than using the subjective test which the Committee prefers. Accordingly, sexual harassment can be decisively dealt with using the “reasonable person” test currently employed by section 6(1) of the GEA, as opposed to the harasser’s standpoint as suggested by the Committee. We, however, welcome any engagement so that we come to a common understanding of the interpretation; that may include adding clarity to this section.

The two cases commenced in a foreign jurisdiction cannot be used as evidence to conclude that there is rampant and widespread sexual harassment in the tea industry. The claims remain as an allegation because, at the present time, these have not been proven, nor has a judgment been issued by the court in the United Kingdom. Hence, at present, the allegations in the cases remain unproven, and this cannot reasonably form the basis for concluding that consequently there is widespread sexual harassment in the industry.

Secondly, apart from the reference to the cases, no evidence or information on research or studies has been presented to the Government of Malawi, or its social partners, to substantiate the assertions being made by the IUF. We therefore maintain that the assertions by the IUF are a gross exaggeration, unfounded, incorrect, untrue and devoid of reality on the ground.

Regarding the judicial system, the courts in Malawi are internationally renowned and, in 2020, a total of 25 of our constitutional judges received the Chatham House Award. Such international recognition would not have been awarded if our judicial system was inadequate as alleged. Additionally, the conclusions claiming the inadequacy of our judicial system, which was manifestly bypassed in this case, should have been reached after efforts to get justice from that system on the issue at hand had failed. Secondly, the low numbers of women litigants are not surprising considering that, in percentage terms, women employers are fewer than men. However this, in itself, does not prove that the judicial system in Malawi is inadequate.

Regarding the exhaustion of national dialogue platforms, we join the Malawi Congress of Trade Unions (MCTU) and the Employers’ Consultative Association of Malawi (ECAM) in asserting that such allegations should have been discussed at national level with all the social partners because, as the Government, we believe in social dialogue. Only if we had an impasse or a stand-off, only then should the matters have been escalated to this Committee. The case in question is continuing, and the courts have not made yet a ruling.

The tea industry has over 60,000 employees. It is the second largest employer in Malawi. I cannot begin to explain the impact of the industry on our economy and my submission to your Committee today is that the Government of Malawi will do everything it can to ensure that the rights of all workers, especially women, are safeguarded.

Regarding information on the victims, the Government of Malawi does not have any information regarding the victims, but we only heard that about £3 million, if it is not dollars (US$), was awarded to the victims, but we do not know how much of that money was allocated to the purported victims, and so we cannot make any comment in that regard.

Employer members – The Employer members welcome the views shared by the delegates on this case. We note with concern, however, that the allegations which form the basis for today’s discussion were never brought to the attention of the social partners, especially the Employers’ Consultative Association of Malawi (ECAM). We believe this Committee should emphasize the importance of affording national structure and processes the opportunity to consider and remedy any allegations of breach of employees’ rights.

From the information submitted by the Government and ECAM, the judicial system in Malawi clearly has the capacity to address any issues of alleged workplace harassment and violence. Accordingly, we invite the Government to continue addressing the compliance issues in close consultation with the most representative employers’ and workers’ organizations and, where necessary, with technical assistance from the ILO, and to keep the Office informed of progress achieved.

We also encourage the Government to continue all other efforts in Malawi to ensure the protection of men and women against sexual harassment and hostile work environments.

Worker members – We note the comments of the Government of Malawi. Applause cannot silence the Committee of Experts’ observation and its classification of this case as a double-footnoted one. The Government of Malawi has an obligation to respect international labour standards, including with regard to the prohibition of discrimination in employment and occupation and sexual harassment, as contained in the Convention. The Worker members are very concerned that women workers in Malawi are not protected from rape, sexual assault, sexual harassment, coercion and discrimination in the workplace and that they do not enjoy effective access to remedies in Malawi. These horrific cases and their persistence indicate that the established procedures in Malawi at the local and national levels, while seeking to achieve justice and to ensure an end to sexual harassment on tea estates, are inadequate for victims of gender-based violence in the workplace. The situation calls for immediate action, and instead of being defensive, the Government of Malawi should cooperate. We call on the Government to undertake, in cooperation with the organizations of workers and employers, an evaluation of the existing legal framework on sexual harassment, and of the procedures and remedies available to victims, including a review of the extent to which women have access to the courts in Malawi. Such a review should aim at identifying existing gaps and risk factors and should result in designing effective intervention to strengthen the protection of women workers against sexual harassment. Such an assessment should then contribute towards reforming the judiciary, if needed, and increase access to the courts for women so that they can assert their rights, and also their access to remedies, including compensation. We call on the Government to seek ILO assistance to increase the capacity of the competent authorities, including the labour inspectorate, and to prevent, identify and address cases of sexual harassment in employment and occupation in line with the Convention. We urge the Government to adopt a gender-responsive approach to labour inspection. We also call on the Government to take immediate and active measures in accordance with section 7 of the GEA to ensure that employers have developed and are implementing appropriate policies and procedures aimed at eliminating sexual harassment in the workplace, which shall entitle all persons who have been subjected to sexual harassment in the workplace to raise a grievance about its occurrence and have the guarantee that appropriate disciplinary action will be taken against perpetrators. The Government should also provide information on the adoption of the sexual harassment workplace policy pursuant to section 7 of the GEA and its implementation.

Lastly, the Government should continue undertaking awareness-raising campaigns in collaboration with the social partners and it should provide information on the results of the evaluation and the action envisaged as a follow-up. The Government of Malawi must implement in law and practice the concrete and practical comments of the Committee of Experts contained in the report.

Conclusions of the Committee

The Committee took note of the written and oral information provided by the Government representative and the discussion that followed.

The Committee noted with deep concern the trade unions’ allegations of systematic sexual violence and harassment of women, including the rape, assault and discrimination suffered by women workers on tea and macadamia nut plantations.

Taking into account the discussion, the Committee urges the Government to take all necessary measures, in consultation with the social partners, to:

- ensure existing legislation on sexual harassment is in line with the Convention;

- organize dedicated tripartite discussions on the issue of sexual harassment and violence in the workplace with a view to taking further practical and concrete measures to ensure the effective protection of workers in this regard in law and practice;

- ensure effective access to and the effective functioning of national judicial and non-judicial mechanisms that consider allegations of breach of workers’ rights on grounds of discrimination, including sexual harassment and violence, and provide adequate legal remedies to victims;

- continue supporting existing initiatives undertaken by the Malawi Human Rights Commission and the Department of Human Resources Management and Development, including awareness-raising campaigns and the dissemination of the Sexual Harassment Workplace Policy and related guidelines to ensure that employers develop and implement effective workplace harassment policies.

The Committee urges the Government to continue to avail itself of ILO technical assistance to ensure full compliance with the Convention.

The Committee requests the Government to submit a report to the Committee of Experts by 1 September 2022 with information on the application of the Convention in law and practice, in consultation with the social partners.

Government representative – The Government of Malawi notes the observations of the Committee. As a woman and the Minister responsible for labour in the Government of Malawi, I can commit here before the entire Committee that we shall endeavour to promote and protect the rights of all workers, including women workers, from violence and harassment. We reiterate our position as submitted in our oral and written submissions. We will continue to work with our social partners to implement the recommendations made by the Committee. We also welcome the technical support from the ILO and the donor community.

The Government of Malawi will submit its report within the stated timelines.

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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Article 1(1)(b) of the Convention. Discrimination based on additional grounds. HIV status. The Committee notes the Government’s statement that it continues to encourage Ministries, Departments and Agencies to commit 2 per cent of their annual budgets to implement activities in awareness and management of HIV and AIDS issues and that these sums have mainly been used to support the nutritional needs of the concerned persons. The Committee also notes the adoption of the National Male Engagement Strategy on Gender Equality, Gender-based Violence, HIV and Sexual and Reproductive Health Rights (2023–30). The Committee asks the Government to: (i) continue its efforts to raise awareness about the HIV and AIDS (Prevention and Management) Act of 2018 and to provide information in this regard; and (ii) provide information on the activities directed at addressing discrimination and promoting equality of opportunity and treatment in employment and occupation irrespective of real or perceived HIV/AIDS status that are funded by Ministries, Departments and Agencies with the 2 per cent of their annual budgets. The Committee also encourages the Government to develop a system to collect disaggregated information on the cases addressed by the labour inspectors and the courts on discrimination on all the grounds prohibited by the legislation, and in particular on the ground of real or perceived HIV/AIDS status and recalls that the Government can avail itself of the technical assistance of the ILO in this regard.

Article 2. National equality policy. Promoting equality and inclusiveness in the public service. The Committee notes that the Public Service Act (PSA) and the Malawi Public Service Regulations (MPSR) are still under review. Regarding the efforts to promote equality of opportunity and treatment under the strategy on equality and diversity in the Public Service Management Policy, the Committee welcomes the examples given by the Government to demonstrate its determination to promote women in high positions as well as the increase of the representation of women in the National Assembly and in ministerial positions, but notes the low representation of women in decision-making positions in the civil service, with women occupying 33 per cent of the positions at the head of public service level. The Government states that it has developed guidelines to guide stakeholders in gender mainstreaming, including enhancement of equality of treatment in employment. Recalling that section 11 of the Gender Equality Act sets a 60/40 ratio in recruitment (which provides that an appointing or recruiting authority in the public service shall appoint no less than 40 per cent and no more than 60 per cent of either sex in any department) but that exceptions to this rule are foreseen (in Section 11(2)), the Committee notes the Government’s declared commitment to address the disadvantaged position of women which will necessitate the review of the exceptions. In this regard, the Committee notes the concerns expressed by the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW), in its recent concluding observations, about: (1) the fact that the 60/40 ratio has not been met and that this system only applies to the public service and tertiary education sector, but not to political participation, procurement or the private sector; (2) the limited capacity of the Ministry of Gender, Community Development and Social Welfare to effectively coordinate gender mainstreaming across all government departments; (3) the unsustainability of policies, programmes and activities aimed at the elimination of discrimination against women and the advancement of women due to the high level of dependency on external funding; and (4) the inadequate allocation of resources to undertake gender mainstreaming and achieve substantive results (CEDAW/C/MWI/CO/8, 30 October 2023, paragraphs 13 and 17). In view of the above, the Committee asks the Government to provide information on: (i) the results of the review of the Public Service Act and the Malawi Public Service Regulations in so far as the application of the principles of the Convention is concerned; (ii) the measures taken to promote equality of opportunity and treatment in the public sector under the strategy on equality and diversity in the Public Service Management Policy and the results achieved, including as regards the implementation of the 60/40 ratio set out in the Gender Equality Act; (iii) any step undertaken to review the exceptions granted under section 11(2) of this Act; and (iv) the concrete measures taken within the framework of theNational Male Engagement Strategy on Gender Equality, Gender-based Violence, HIV and Sexual and Reproductive Health Rights (2023–30) and the results achieved.

Promoting gender equality. National Gender Policy and Gender Equality Act. The Committee notes the Government’s indication that the consultation processes to evaluate the implementation of the National Gender Policy, the Gender Equality Act and other relevant legislation has started, while a review of these texts is underway to modernize them. In this regard, the Committee notes that the CEDAW, while welcoming the process initiated to amend the Gender Equality Act to take it more effective in promoting and protecting women’s rights, noted with concern the lack of an assessment of the Gender Equality Act Implementation and Monitoring Plan (2016-2020). It also noted the adoption of the National Job Creation Strategy in 2022, which prioritizes women and persons with disabilities and envisages financial schemes and capacity-building programmes to redress inequalities in the labour market, but remained concerned about: (1) the high unemployment rate among women, especially women with disabilities, and women’s limited access to the formal labour market; (2) women’s disproportionate burden of household and childcare responsibilities; and (3) the persistent gender pay gap. The CEDAW recommended the development and implementation of a comprehensive strategy, including awareness-raising and education campaigns, targeting local communities and religious leaders, teachers, girls and boys, and women and men to eliminate discriminatory stereotypes regarding the roles and responsibilities of women and men in the family and in society (CEDAW/C/MWI/CO/8, paragraphs 13, 20 and 33). The Committee also notes that the National Level Gender Audit Report carried out for the Employers’ Consultative Association of Malawi (ECAM) in May 2023 underlined that most of the national strategies and programmes have come to the end of the period they were intended to cover and that there is a need to review the current situation, evaluate the impact of past policies and programmes, and plan for the next 3-5 years. This audit found that: (1) women´s participation in the labour force is lower than men, with the number of women in managerial and decision-making positions in both the public and private sectors lagging even further behind; (2) their unemployment rate is higher than men, they are more likely to be self-employed, in precarious employment and in the informal sector; (3) they earn less than their male counterparts due to vertical gender segregation and pay discrimination; and (4) they are also time-poor as they are responsible for the majority of unpaid care work and domestic responsibilities. It called for the creation of a specific task force on gender issues with a coordinated action plan which would facilitate more effective communication and collaboration among all stakeholders (pages 7, 21 and 27). The Committee encourages the Government to evaluate the implementation of the National Gender Equality Policy and other relevant policies and programmes to date with a view to identifying the progress made, the obstacles encountered, and the adjustments required to advance further on the promotion of gender equality in employment and occupation. The Committee also asks the Government to continue providing information on: (i) awareness-raising campaigns conducted on the principles of the Convention and the provisions of the Gender Equality Act; and (ii) the measures aimed at promoting the reconciliation of work and family responsibilities, including measures designed to promote a fairer distribution of family responsibilities between men and women.

Promoting equal access to education and vocational training for girls and boys and for women and men. Affirmative action. The Committee notes the Government reiterated indications that it is taking concrete steps to promote girls’ enrolment, attendance and retention in school and to facilitate their return when they drop-out. It also encourages girls to acquire skills that will allow them access to jobs traditionally occupied by boys. The Technical, Entrepreneurial and Vocational Education and Training Authority (TEVETA) provides scholarships and bursaries to this effect. The Committee notes that the period covered by the National Girls’ Education Strategy (NGES), attached to the Government’s report, is coming to an end. While noting the reduction of the gender gap in access to secondary education, it also notes the concerns expressed by the CEDAW regarding the remaining high dropout rates among young women and girls owing to child marriage and early pregnancy, even after readmission, and the fact that young women and girls are not allowed to remain in school during pregnancy and may only be readmitted one year after giving birth, as well as the limited access to education for girls with disabilities (CEDAW/C/MWI/CO/8, paragraph 31). In this regard, the Committee underlines that the above-mentioned 2023 Gender Audit for ECAM recommends engaging with men and women to challenge some of the existing stereotypes and redefine norms in society around gender roles, power dynamics and girls in education, and working with primary and secondary educational establishments to highlight the choices available to girls and to foster greater participation in non-traditional subjects (pages 8-9). Finally, the Committee recalls that section 18(1)(c) of the Gender Equality Act – which mentions addressing “the special needs of female students by incorporating life skills, including sex education” in the curricula – risks reinforcing stereotypes regarding girls’ aspirations, preferences and capabilities, and their role and responsibilities in society. It notes the Government’s statement that the review of the Act is under way, including its section 18(1)(c). The Committee requests the Government to provide: (i) information on the review of section 18(1)(c) of the Gender Equality Act and a copy of the new provision; (ii) examples of concrete measures taken to promote girls’ enrolment, attendance and retention in school and facilitate their return when they drop-out (including measures adopted under section 16 of the Gender Equality Act), as well as measures directed at promoting girls’ and women’s access to a wide range of non-traditional educational paths; and (iii) statistical information on the number of students enrolled in general education and TEVET (disaggregated by sex and subjects), as well as on the number of girls reintegrated in an education cursus after dropping-out of school.

Articles 2 and 3. Equality of opportunity and treatment irrespective of social origin. Rural workers. Referring to the application of the Land Act and the Customary Land Act, the Government reiterates the information provided in its previous report that Customary Land Committees, which are responsible for decision on land management, as well as Land Tribunals at Traditional Authority level, District level and National level include both women and men among their members with a view to preventing and tackling discrimination in land matters. It does not provide, however, any information on complaints filed with competent authorities on the ground of discrimination and their outcomes. The Committee notes the Government’s statement that a number of trainings, based on needs assessments, are offered in rural areas. It also notes that the CEDAW, observing the persistent gender pay gap and lower productivity of women in agriculture, expressed concerns regarding rural women’s and girls’ limited access to justice, education, land ownership, labour-saving technologies, markets, employment, and services to reduce their disproportionate burden of unpaid domestic, care and community work, as well as the lack of support for women to establish cooperatives. The CEDAW recommended to support entrepreneurship among rural women (CEDAW/C/MWI/CO/8, paragraphs 33(c), 39 and 40(b)). Finally, the Committee notes that the Office undertook a mission to Malawi from 8 to 12 May 2023 to conduct consultations with constituents to develop an action plan for intervention in the tea sector in Malawi within the framework of the multi-countries project funded by Norway on “Promoting workers’ rights and gender equality”. The mission’s attention was drawn to the facts that: (1) the abuse of short-term contract was among the root causes of violence and harassment; and (2) smallholder farmers, men, and women, were exposed to violence and harassment, including physical and financial, both at work and at home, and faced a dire situation in the dry season. The Committee asks the Government to provide information on: (i) the number of complaints for violations of the Land Act and the Customary Land Act filed with competent authorities on the ground of discrimination, and their outcome, as well as any appeal lodged against these decisions; (ii) any initiative taken to set up alternative dispute resolution mechanism in land matters; and (iii) any measures taken to carry independent research on the causes of gender-based violence and harassment in agriculture, including work arrangements and non-standard forms of work.

Enforcement. The Committee notes the Government’s indication that the Malawi Human Rights Commission (MHRC) continues providing training and capacity-building programmes to both private and public institutions. Since the beginning of the programme, a total of 58 law enforcement officers, 15 magistrates and 43 police staff benefited from the training. The Government does not, however, provide any information on cases of discrimination in employment and occupation addressed by the labour inspection services, the MHRC or the courts. In this regard, the Committee notes the concerns of the CEDAW regarding the lack of sufficient financial, technical and human resources of the MHRC to discharge its mandate effectively and independently, and the lack of labour inspectors to conduct regular inspections, enforce labour law standards and ensure that workplaces have policies to address sexual harassment. The Committee further notes that the 2023 Gender Audit for ECAM indicates that “one key aspect of the legal and regulatory framework that needs to be addressed is implementation and enforcement, which is where progress is less uniform, often due to a lack of resources”. According to a survey carried out for the gender audit, only 21 per cent of persons experiencing discrimination reported the case to human resources, with 8 percent reporting the incident outside the company. The corresponding figures were 17 and 13 per cent in the case of harassment. At least 40 per cent of women experiencing discrimination or harassment took no action or left their job. Only a quarter of complaints were investigated, while over 20 per cent of incidents reported were not acted upon. The audit concluded that “the implied attrition rates from the number of incidents occurring to achieving a satisfying outcome are alarming” (pages 6–7). Finally, the Committee welcomes the “Statement of commitment towards zero-tolerance against violence and harassment at work” adopted by chief executive officers and board members of ECAM on 20 July 2023 which commits, inter alia, to align their policies with all applicable national laws and policies and international obligations. In view of the above, the Committee encourages once again the Government to take action to facilitate access of victims of discrimination, including women, to enforcement mechanisms and asks it to continue providing information on: (i) measures adopted, including training and capacity-building, to enhance the capacity of enforcement officials and magistrates to identity and address violations of the principle of equality of opportunity and treatment in employment and occupation in respect of all grounds of discrimination enumerated in Article 1(1)(a) of the Convention; and (ii) cases of discrimination in employment and occupation addressed by labour inspection services, the Malawi Human Rights Commission or the courts, and their outcome.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

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The Committee notes the observations of the Malawi Congress of Trade Unions (MCTU), received on 1 September 2023.

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee recalls that, in June 2022, the Committee on the Application of Standards (CAS) of the International Labour Conference noted with deep concern the trade unions’ allegations of systematic sexual violence and harassment of women, including the rape, assault and discrimination suffered by women workers on tea and macadamia nut plantations. In its conclusions, the CAS urged the Government to take all necessary measures, in consultation with the social partners, to: (1) ensure existing legislation on sexual harassment is in line with the Convention; (2) organize dedicated tripartite discussions on the issue of sexual harassment and violence in the workplace with a view to taking further practical and concrete measures to ensure the effective protection of workers in this regard in law and practice; (3) ensure effective access to and effective functioning of national judicial and non-judicial mechanisms that consider allegations of breach of workers’ rights on grounds of discrimination, including sexual harassment and violence, and provide adequate legal remedies to victims; and (4) continue supporting existing initiatives undertaken by the Malawi Human Rights Commission (MHRC) and the Department of Human Resources Management and Development, including awareness-raising campaigns and the dissemination of the Sexual Harassment Workplace Policy and related guidelines to ensure that employers develop and implement effective workplace harassment policies. The Committee also notes the Government’s indication in its report that, as recommended by the Committee in its previous observation, it would endeavour to undertake a study with special focus on tea plantations and macadamia nut orchards to inform the design of sector specific interventions, and that it would appreciate ILO’s technical and financial support in this regard. The Government adds that the MHRC carried out comprehensive research aimed at providing data on the extent and scope of sexual harassment at the workplace. The Committee also notes that the National Level Gender Audit Report carried out for the Employers’ Consultative Association of Malawi (ECAM) in May 2023 emphasized that, “in order to be able to measure the impact of gender inequalities, discrimination, harassment and abuse in the workplace, it is critical that companies are able to capture and update sex-disaggregated data” (page 42). The Committee also recalls that the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW), in its recent concluding observations, indicated its concerns about the insufficient generation and availability of sex-disaggregated data across various sectors, including education, health, employment, and violence against women, emphasizing that such data is fundamental to inform evidence-based policymaking, program planning, and monitoring of progress towards gender equality goals. The CEDAW also expressed concern regarding the prevalence of: (1) various forms of gender-based violence, including, domestic and sexual violence; (2) sexual harassment in the workplace and in business places and its underreporting due to insufficient information on reporting mechanisms; and (3) trafficking in women and girls, with victims being lured with fraudulent job offers and forced into domestic service or prostitution in private premises out of reach for labour inspectors (CEDAW/C/MWI/CO/8, 30 October 2023, paragraphs 21, 23(a), 33(d) and 51). The Committee further notes that the Office undertook a mission to Malawi from 8 to 12 May 2023 to conduct consultations with constituents to develop an action plan for intervention in the tea sector in Malawi within the framework of the multi-countries project funded by Norway on “Promoting workers’ rights and gender equality”. The mission met with the Ministry of Labour (including some of its regional offices staff), the Employers Consultative Association of Malawi (ECAM), the Malawi Congress of Trade Unions (MCTU), the Tea Association of Malawi Limited (TAML), the Plantation and Agriculture Workers Union (PAWU) and several high-level political figures. The Committee asks the Government to take measures to: (i) fight the various forms of gender-based violence (including rape) and gender-based harassment (including sexual harassment) at the workplace, especially in tea and macadamia nuts plantations; and (ii) strengthen its data collection system with a view to make evidence-based decisions. Please provide information on the results achieved, including the outcome of the research carried out by the MHRC.

Evaluation of the existing legal framework on sexual harassment and its alignment with the Convention. The Committee notes the Government’s indication that: (1) the Gender Equality Act of 2013 is under review and the suggestions to explicitly include “hostile work environment harassment” in the definition of sexual harassment (section 6(1)) and to review the test of “reasonableness” are being considered; and (2) under the ILO/Norwegian development cooperation project, a National Road Map has been developed to promote workers’ rights and gender equality. The Committee also notes, from the Government’s report, that the National Gender Policy of 2015, the National Action Plan to Combat Gender-based Violence, the Gender Equality Act Implementation and Monitoring Plan, and the National Action Plan on Women Economic Empowerment are all under review. It further notes: (1) the adoption of the National Male Engagement Strategy on Gender Equality, Gender-based Violence, HIV and Sexual and Reproductive Health Rights (2023-2030); (2) the establishment of victims support units within the police; and (3) the pending approval of the Public Service Workplace Anti-Sexual Harassment Policy and Guidelines. The Government adds that a Rapid Assessment of Legal and Policy Framework for Gender Equality as well as a Gap Analysis of the Legal and Policy Framework on Gender Equality and Sexual Harassment in the Tea Sector in Malawi were validated and the results shared with the social partners. These will inform the design of appropriate strategies and the upcoming labour law review. The Committee asks the Government to ensure the prompt alignment of the national legal and policy framework with the Convention, in cooperation with the social partners, including by amending section 6(1) of the Gender Equality Act of 2013 to explicitly include hostile work environment harassment in the definition of sexual harassment and by reviewing the test of “reasonableness”. Please provide information on all developments in this respect as well as on progress made in: (i) the implementation of the National Road Map to promote workers’ rights and gender equality; (ii) the current revision of the above-mentioned policies and action plans; and (iii) the follow-up of the rapid assessment and gap analysis of the legal and policy framework on gender equality and sexual harassment.

Tripartite discussion on the issue of sexual harassment and violence in the workplace. The Committee notes the Government’s indication that the Tripartite Labour Advisory Council (TLAC) met in May 2023 and discussed issues of sexual harassment. The TLAC recommended that Malawi ratifies the Violence and Harassment Convention, 2019 (No. 190), and strengthens the capacity of the Ministry of Labour and the social partners in this regard. The Government adds that the social partners started harmonizing their policies as well as developing awareness-raising messages on workplace violence and harassment. The Committee asks the Government to continue to encourage the social partners to take up the issue of sexual harassment and violence in the workplace and to keep it informed of any development in this regard.

Capacity-building and awareness-raising on sexual harassment. The Committee notes the Government’s indication that labour inspectors continue to be trained to prevent, identify, and address cases of discrimination in employment and occupation, including sexual harassment. The Government also says that it has intensified its efforts to conduct labour inspection to identify issues of discrimination through the Zantchito Programme funded by the European Union (with an emphasis on small and medium enterprises). The labour inspection form will also be reviewed to cover violence and harassment issues. In this regard, the Committee emphasizes the importance of having a gender-diversified labour inspection force in order to facilitate the identification of sexual harassment cases, as women workers might find it more difficult to report a case of sexual harassment at the workplace to a male labour inspector. The Committee also refers to the comments it addresses to the Government on the application of the Labour Inspection Convention, 1947 (No. 81), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129). The Government adds that there is a good uptake of the model Sexual Harassment Workplace Policy developed by the MHRC in 2021: many institutions have approached the MHRC to be trained, including sections of the Malawi Police Service (victim support units and human resources), private companies and public institutions, several district council’s gender and youth tripartite working groups, and secondary schools heads and teachers. Similarly, the MHRC carried out a review of sexual harassment workplace policies for several institutions and continues to distribute its model policy. The Committee encourages the Government to intensify its capacity-building and awareness-raising activities on sexual harassment and to provide information on: (i) the activities carried out, (including information on the public targeted and the number of participants); (ii) the dissemination and use of the MHRC’s model Sexual Harassment Workplace Policy; and (iii) the ratio of men and women in the labour inspection services, and measures taken or envisaged to ensure gender balance in this regard.

Access to judicial and quasi-judicial mechanisms and legal remedies for victims of discrimination, including sexual harassment. The Committee notes the Government’s indication that sexual harassment cases being criminal cases, they cannot be handled by the Ministry of Labour and the Industrial Relations Court but are prosecuted by the Magistrate Court and the High Court. It recognizes that, as court fees are payable by victims, this represents an impediment in terms of access to legal remedies. In this regard, the Committee recalls that addressing sexual harassment only through criminal proceedings is normally not sufficient, due to the sensitivity of the issue, the higher burden of proof, which is harder to meet, especially if there are no witnesses (which is often the case), and the fact that criminal law generally focuses on sexual assault or “immoral acts”, and not the full range of behaviour that constitutes sexual harassment in employment and occupation. The Committee also considers that legislation under which the sole redress available to victims of sexual harassment is termination of the employment relationship, while retaining the right to compensation, does not afford sufficient protection for victims of sexual harassment, since it in fact punishes them and could dissuade victims from seeking redress (see 2012 General Survey on the fundamental Conventions. paragraph 792). The Government adds that the MHRC received 16 cases related to sexual harassment in 2021, 15 cases in 2022, and 5 cases from January to June 2023. Noting the Government’s statement that, out of these five cases, two were dropped for “failure to identify witnesses” (the other three still being investigated), the Committee recalls the concerns expressed by the CEDAW about the absence of legal procedural guidelines for the repeal of the “corroboration rule”, whereby the testimony of a witness is required in addition to a victim’s testimony in rape cases. The Committee also recalls that the CEDAW noted the prevalence of sexual harassment in the workplace and in business places and its underreporting due to insufficient information on reporting mechanisms. Furthermore, it called for providing the Independent Police Complaints Commission with adequate human, technical and financial resources to ensure that all cases of gender-based violence are effectively investigated without delay, that perpetrators are prosecuted ex officio and adequately punished, and that victims have access to remedies and adequate support services (CEDAW/C/MWI/CO/8, paragraphs 21, 22 and 33(d)). The above-mentioned 2023 Gender Audit for ECAM also identified barriers to reporting as a cause of the under-reporting of incidents which, in turn, brought companies to underestimate the problem of gender-based discrimination and harassment at work. It also pointed to the fact that sexual harassment cases were tried under the criminal courts as a contributing factor to the very long time it may take for cases to be dealt with and decisions to be issued (pages 7 and 19). The Committee also notes that, during the May 2023 mission to Malawi, regional district labour officers indicated that sexual violence cases were often reported at a very late stage. They highlighted the need to intensify labour inspections and to revitalize existing structure at district level and suggested to establish toll-free lines for reporting incidences of violence and harassment and to provide support services to victims, particularly psychosocial support. They also mentioned the role of traditional chiefs as allies to tackle the issue of violence and harassment. Finally, the Committee notes the MCTU’s observation that efforts, such as awareness programmes, are being made to encourage victims of discrimination in employment to access justice. The Committee requests the Government to : (i) address challenges related to access to legal remedies for victims of discrimination in employment and occupation, including sexual harassment; and (ii) increase the capacity of the competent authorities, including labour inspectors and the Independent Police Complaints Commission, to prevent, identify and address cases of discrimination in employment and occupation, including sexual harassment, as well as workers’ awareness of available remedies. Please provide information on the number of cases of sexual harassment in the public and private sectors dealt with by the courts and the MHRC or detected by labour inspectors, the remedies granted to victims and the sanctions imposed on perpetrators.

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

[The Government is asked to reply in full to the present comments in 2025.]

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

Article 1(1)(b) of the Convention. Discrimination based on additional grounds. HIV status. The Committee notes that in its report the Government informs about training on the HIV and AIDS (Prevention and Management) Act of 2018 for labour inspectors. It also notes that while the Public Service Act (PSA) and the Malawi Public Service Regulations (MPSR) are still under legal review, the Government directed all Ministries, Departments and Agencies to commit 2 per cent of their annual budgets on HIV and AIDS. Concerning cases dealt with by the labour inspectors and the courts, the Committee notes that there are no disaggregated data based on real or perceived HIV status, but the Government hopes to develop a system to capture this information. The Committee asks the Government:

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

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

Article 2. National equality policy. Promoting equality and inclusiveness in the public service. The Committee notes the Government’s indication that: (1) the review of relevant legislation in light of the Gender Equality Act (GEA) is still ongoing; (2) concerning the implementation of the Public Service Management Policy, the Government indicates that it encourages the recruitment of women to comply with the 60/40 ratio set out in section 11 of the GEA, (which provides that an appointing or recruiting authority in the public service shall appoint no less than 40 per cent and no more than 60 per cent of either sex in any department, with some exceptions); and (3) it also encourages compliance with the Disability Act through sensitization activities both in the public and private sectors. The Committee notes that, according to the gender audit reports for 2020/2021, 25 per cent of the employees in the public sector were women. The Committee asks the Government to provide information:

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

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

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

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

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

Promoting equal access to education and vocational training for girls and boys and for women and men. Affirmative action. The Committee notes that the Government is implementing the National Girls’ Education Strategy (2018 – 2023) under which several measures have been adopted to promote girls’ enrolment, attendance and retention in school and facilitate their return where they drop-out, such as the Girls’ Attainment in Basic Literacy and Education Programme; Promoting Girls’ Education Initiative; Promoting Girls´ to take science subjects; Cash Transfers and Bursaries, and the Keep Girls in School program, among others. The Government indicates that, through these programmes, in 2020 735 children affected by child marriage and pregnancy during the COVID-19 pandemic, who withdrew from school, resume their education. The Committee also notes that girls willing to enrol in professional training related to male-dominated trades are supported with bursaries under the Skills for a Vibrate Economy programme funded by the World Bank. In addition, the Technical, Entrepreneurial and Vocational Education and Training Authority (TEVETA) implements programs to provide mentorship and career guidance to female students with the aim of encouraging them to enrol in science-based courses. In that regard, the Committee recalls that section 16 of the Gender Equality Act requires the adoption of active measures to ensure the enrolment at tertiary education institutions of both sexes at a minimum of 40 per cent and a maximum of 60 per cent of students in each case. The Committee recalls that it has considered that section 18 (1) (c) of the Gender Equality Act - which requires that the Government take active measures to ensure that the curricula for all primary and secondary schools “addresses the special needs of female students by incorporating life skills, including sex education” - should address the special needs of students of both sexes and that the inclusion of “life skills” in the curricula of female students only may reinforce stereotypes regarding girls’ aspirations, preferences and capabilities, and their role and responsibilities in society, thus exacerbating labour market inequalities in the future. The Committee reiterates its request for information on the steps taken:

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

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

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

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

• (i)to continue to provide information on cases of discrimination in employment and occupation addressed by labour inspection services, the courts, or the Human Rights Commission; and
• (ii)to indicate which measures, including training and capacity-building, have been adopted to enhance the capacity of enforcement officials and magistrates to identity and address violations of the principle of equality of opportunity and treatment in employment and occupation in respect of all grounds of discrimination enumerated in Article 1(1)(a) of the Convention.

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

The Committee notes the observations of the International Organisation of Employers (IOE) received on 25 August 2022, which reproduce the statements made in June 2022 before the Conference Committee on the Application of Standards (CAS) by the Employer spokesperson and the national employers’ representative, as well as the observations of the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF), received on 1 September 2022.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 110th Session, May–June 2022)

The Committee notes the detailed discussion which took place at the 110th Session of the CAS in May–June 2022 concerning the application of the Convention by Malawi, as well as the conclusions adopted. The Committee notes with interestthe prioritization by Malawi of the follow-up to be given to the CAS conclusions and the Committee’s comments. It also notes the multidisciplinary technical assistance provided by the ILO Decent Work Team for Eastern and Southern Africa (DWT-Pretoria) and the ILO Country Office for Zambia, Malawi and Mozambique (CO-Lusaka) in July and August 2022.

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. In its previous comment, the Committee made various requests following allegations of gender-based violence and harassment (including rape and sexual harassment) occurring in tea plantations and macadamia nut orchards.

The Committee takes note that the CAS noted with deep concern the trade unions’ allegations of systematic sexual violence and harassment of women, including the rape, assault and discrimination suffered by women workers on tea and macadamia nut plantations. In its conclusions, the CAS urged the Government to take all necessary measures, in consultation with the social partners, to: (1) ensure existing legislation on sexual harassment is in line with the Convention; (2) organize dedicated tripartite discussions on the issue of sexual harassment and violence in the workplace with a view to taking further practical and concrete measures to ensure the effective protection of workers in this regard in law and practice; (3) ensure effective access to and the effective functioning of national judicial and non-judicial mechanisms that consider allegations of breach of workers’ rights on grounds of discrimination, including sexual harassment and violence, and provide adequate legal remedies to victims; and (4) continue supporting existing initiatives undertaken by the Malawi Human Rights Commission and the Department of Human Resources Management and Development, including awareness-raising campaigns and the dissemination of the Sexual Harassment Workplace Policy and related guidelines to ensure that employers develop and implement effective workplace harassment policies.

Evaluation of the existing legal framework on sexual harassment and its alignment with the Convention. The Committee notes the Government’s indication in its report that a review of the existing legal and policy frameworks on sexual harassment in the tea sector covering existing gaps, scope of application, protection and prevention, enforcement and remedies, guidance, training and awareness-raising is being finalized with the technical assistance of the ILO and the results will be shared with the Committee. The Government also provides information about an agreement reached with the social partners to amend the Gender Equality Act (GEA) of 2013 in order to explicitly include hostile work environment in the definition of sexual harassment. Moreover, the inclusion of legal provisions on sexual harassment in the Employment Act, 2000 and the Occupational Safety Health and Welfare Act, 1997, is under consideration. In this last respect, the Committee refers to its detailed comments under the Occupational Safety and Health Convention, 1981 (No. 155), the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) and the Safety and Health in Agriculture Convention, 2001 (No. 184). Recalling that sexual harassment is a serious manifestation of sex discrimination, the Committee emphasizes that the review of the legal and policy framework on sexual harassment should take place in the context of a broader review of the legal and policy framework on discrimination in general.

Regarding the amendment of section 6(1) of the Gender Equality Act of 2013 to ensure that the term “reasonable person” in the definition of sexual harassment no longer refers to the harasser, but to an outside person, the Committee notes the Government’s explanation that, under Malawian law, the term “reasonable person” provides an objective test that goes beyond the harasser. The Committee considers that the test of “reasonableness” gives inadequate weight to the experience of the victim. It recalls that sexual harassment includes: (1) (quid pro quo): any physical, verbal or non-verbal conduct of a sexual nature and other conduct based on sex affecting the dignity of women and men, which is unwelcome, unreasonable, and offensive to the recipient; and a person’s rejection of, or submission to, such conduct is used explicitly or implicitly as a basis for a decision which affects that person’s job; and (2) (hostile work environment): conduct that creates an intimidating, hostile or humiliating working environment for the recipient. The lived experience of the recipient, that is to say the victim of sexual harassment, and the impact that third party’s conduct has on her/him should thus form the basis of any assessment aimed at ascertaining whether or not sexual harassment occurred.

Tripartite discussion on the issue of sexual harassment and violence in the workplace. The Government also indicates that the question of sexual harassment has been included on the agenda of the Tripartite Labour Advisory Council (TLAC), which is expected to provide direction on how the Ministry of Labour’s role in addressing violence and harassment in the workplace can be strengthened.

Capacity-building and awareness-raising on sexual harassment. The Committee notes that the Malawi Human Rights Commission (MHRC) is developing a model sexual harassment workplace policy with a view to promoting the adoption of sexual harassment policies and preventing the occurrence of sexual harassment in both the public and private sectors. At the same time, the Department of Human Resource Management and Development continues to promote the adoption of sexual harassment workplace policies in the public sector. The Committee furthermore notes that the MHRC undertook a situation analysis on engaging the private, public, and informal sector on addressing sexual gender-based violence (SGBV) and sexual harassment in the workplace. The analysis revealed that there is little knowledge about sexual harassment among enforcement officials, journalists and members of cooperatives, which hinders the realization of rights by victims as well as their access to justice. Consequently, the MHRC is developing an action plan to enhance awareness and build capacity to address sexual harassment effectively. The Government also indicates that the Ministry of Gender, Children, Community Development and Social Welfare conducted training sessions for police officers, chiefs (traditional leaders), court officials and the media on the enforcement of the Gender Equality Act. In addition, the Government, in cooperation with the ILO, has planned to organize a strategic compliance workshop for all labour inspectors with a view to strengthening their capacity to prevent, identify and address cases of violence and sexual harassment in employment and occupation.

Access to judicial and quasi-judicial mechanisms and legal remedies for victims of discrimination, including sexual harassment. The Government states that action is being taken to enhance collaboration between all stakeholders – namely, the Ministry of Gender and the Ministry of Labour, the social partners, the courts, the MHRC, the police and relevant civil society organizations – with a view to addressing challenges related to access to legal remedies, as well as to enhancing cooperation with the social partners and relevant civil society organizations for the purpose of sharing information in order to jointly address these challenges. The Government also indicates that the Malawi Congress of Trade Unions (MCTU) has conducted investigations into alleged cases of workplace violence and harassment and reported them to the MHRC for action. The MHRC recorded 23 cases of sexual violence and harassment between January 2021 and April 2022. The Committee notes that no details are provided on the actions being taken to address challenges related to access to legal remedies or on the challenges identified. The Committee recalls that a number of obstacles may in practice impede victims’ access to justice, including lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, fear of reprisals, issues related to representation and standing, the burden of proof, fear of victimization or physical, financial and linguistic obstacles, such as procedural costs and the lack of physical access to the remedial mechanisms when those are located only in main urban centres (see 2012 General Survey on the fundamental Conventions, paragraphs 870 and 884). The Committee also recalls that allowing trade unions to bring complaints is important as it reduces the risk of reprisals and is also likely to serve as a deterrent to discriminatory action (see 2012 General Survey on the fundamental Conventions, paragraph 886).

The Committee notes that, in its observations, the IUF refers to statements by different parties acknowledging that cases of trading sex for favours, or even for work, are found in the tea estates and are one of the factors contributing to the transmission of HIV and AIDS at work. The IUF also reports that the case filed by a London-based law firm on behalf of Malawian women alleging that they had been subjected to gender-based violence and harassment (including rape and sexual harassment) on tea plantations and macadamia nut orchards was settled out of court on a confidential basis without admission of liability. The Committee notes that, according to the IUF, sexual harassment on Malawi’s plantations is an endemic problem. The IUF states that it appreciates the Government’s commitment to addressing gender-based violence and harassment and other forms of discrimination in the workplace working closely with the social partners. It shared its concern about the lack of data on the effectiveness of the Malawian court system to deal with cases of sexual harassment. The IUF emphasized that trade unions must be actively involved in the design, negotiation, implementation and monitoring of any policies to eliminate gender-based violence and harassment in the world of work and clearly indicated its commitment to take part in any relevant and dedicated tripartite meetings in Malawi. Furthermore, it underscored the need for independent research on the causes of gender-based violence and harassment on Malawi’s tea plantations, including work arrangements and non-standard forms of work which make women vulnerable.

The Committee notes that, in its response to the IUF’s observations, the Government refers to several cases of sexual harassment addressed by the courts. The Government also reiterates its commitment to engage with workers’ and employers’ organizations to address sexual harassment and violence. It furthermore indicates that, once the findings of the “review of the existing legal and policy frameworks on sexual harassment in the tea sector” are validated with the relevant stakeholders, including the social partners, it hopes to use them to strengthen the policy and legislative framework on violence and harassment in all sectors of the economy in general and in the tea sector in particular. Should the report prove insufficiently comprehensive, the Government will request further ILO assistance.

The Committee notes that the African Commission on Human and Peoples’ Rights (ACHPR) recommended that Malawi “should take steps to pass a law against sexual harassment” (Concluding Observations and Recommendations, adopted at the 70h session of the ACHPR, 2022, paragraph 86).

While welcoming the initiatives undertaken by the Government to strengthen the national legal and policy framework on sexual harassment at work, the Committee remains concerned by the alleged pervasiveness of the problem, especially on plantations, and requests the Government to develop a detailed road map, in cooperation with the social partners, outlining key actions and a precise timeline in order to allow for monitoring and evaluating progress. In particular, it requests the Government:

• (i)to move expeditiously towards the alignment of the national legal and policy framework with the Convention in cooperation with the social partners, including by amending section 6(1) of the Gender Equality Act of 2013 to explicitly include hostile work environment harassment in the definition of sexual harassment and by reviewing the test of “reasonableness”, and to provide information on all developments in this respect as well as on the results and recommendations of the evaluation exercise undertaken;
• (ii)to supply details on the action being taken to address challenges related to access to legal remedies for victims of discrimination in employment and occupation, including sexual harassment, in collaboration with the social partners and other relevant stakeholders, including information on the challenges identified;
• (iii)to step up its efforts to increase the capacity of the competent authorities, including labour inspectors, to prevent, identify and address cases of discrimination in employment and occupation, including sexual harassment, as well as workers’ awareness of available remedies, to provide information on the number of cases of sexual harassment in the public and private sectors dealt with by the courts and the MHRC or detected by labour inspectors, the remedies granted to victims and the sanctions imposed on perpetrators. The Government is also asked to provide information on the action plan on awareness-raising being developed by the MHRC;
• (iv)to continue to promote social dialogue on the issue of sexual harassment at work and how best to prevent and address it in practice, and to provide information on any recommendation formulated by the Tripartite Labour Advisory Council (TLAC) in this respect and the steps taken as a result, including information on any action taken by the TLAC to promote the adoption of a sexual harassment workplace policy and the directions provided on how the Ministry of Labour’ s role in addressing violence and harassment in the workplace can be strengthened, or information on the timeline for discussing the adoption of these directions;
• (v)to provide information on the uptake of the model Sexual Harassment Workplace Policy developed by the MHRC and its impact; and
• (vi)to continue to supply information on relevant initiatives by the Malawi Human Rights Commission and the Department of Human Resources Management and Development.

The Committee also encourages the Government to consider undertaking a study, in cooperation with workers’ and employers’ organizations, on the underlying causes and risk factors for sexual harassment at work, placing the problem within the broader context of discrimination with a special focus on tea plantations and macadamia nut orchards, in order to design an appropriate strategy to tackle the problem at its roots.

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

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

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

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

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

Articles 2 and 5. Gender Equality. Public Service. Affirmative action. The Committee recalls that pursuant to section 11 of the GEA, an appointing or recruiting authority in the public service shall appoint no less than 40 per cent and no more than 60 per cent of either sex in any department in the public service, with some exceptions. In that regard, the Government had indicated that the implementation of section 11 “may pose some challenges” due to the exceptions in section 11(2) providing for circumstances where the quota may not be applied and the possibility that some people might take advantage of this exception. The Committee also recalls that in its previous comments, it asked the Government: (1) to provide information on the realization of the enrolment quota provided for in section 11 of the GEA, including in the context of the “Women inclusion in Decision Making Project”, and the results achieved, as well as information on any steps taken to review the exceptions granted under this section; (2) to indicate the follow-up given to the recommendations on gender equality made jointly by the Parliamentary Appointments Committee (PAC) and the Public Service Commission (PSC); and (3) to provide specific information on the steps taken to promote the access of women to a wider range of jobs in the public service and to more senior level jobs. The Committee notes the Government’s indication that it conducted leadership development sessions for officers at Grades I to G with a view to building women’s capacity for decision-making positions. Moreover, government recruitment agencies continue to encourage women and girls to apply for jobs which are traditionally performed by men and boys. Nevertheless, the Government notes that the presence of women in decision-making positions remains limited, although there has been an increase in the number of women in the Parliament and in local government authorities, compared to 2014. Concerning the public sector more generally, according to 2019 statistics, women accounted for 33 per cent of the positions at the head of public service level, and 8 per cent at the deputy head level. The Committee asks the Government to continue to provide information on the measures adopted to promote women’s access to senior positions and a broader range of jobs in the public sector, the obstacles encountered and the results achieved. Please also indicate whether any steps have been taken to review the exceptions granted under section 11(2) of the Gender Equality Act.

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

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

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

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

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

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

Malawi (ratification: 1965)

The Committee notes the observations of the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF) received on 30 August 2021 concerning women workers on tea plantations and in agriculture.

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. In its previous observation, the Committee asked the Government to: (1) amend section 6(1) of the Gender Equality Act (GEA) of 2013 to ensure that the term “reasonable person” in the definition of sexual harassment no longer refers to the harasser, but to an outside person; (2) provide information on the measures adopted pursuant to section 7 of the GEA to ensure that employers have developed and are implementing appropriate policies and procedures aimed at eliminating sexual harassment in the workplace; and (3) take steps to address sexual harassment in the public service, including the provision of adequate reporting procedures, remedies and sanctions. In addition, the Committee encouraged the Government to consider conducting awareness-raising campaigns, in cooperation with workers’ and employers’ organizations, focusing specifically on sexual harassment in employment and occupation. The Committee notes that in its report the Government indicates that the Department of Human Resource Management and Development (DHRMD), in partnership with Ministry of Gender, is in the process of developing a Sexual Harassment Workplace Policy pursuant to section 7 of the GEA. In addition, the DHRMD has conducted awareness-raising campaigns on sexual harassment in some ministries, departments and agencies, such as agriculture, defence, competition and fair trade, and district councils. The Committee also notes from the submissions of the Working Group on the Universal Periodic Review (UPR) carried out under the auspices of the United Nations, that the National Human Rights Commission stated that violence against women continues to resurface in the county (A/HRC/WG.6/36/MWI/3, 28 February 2020, paragraph 6).

The Committee notes from the observations of the IUF that, on 6 April 2021, the National Human Rights Commission announced that it would embark on an exercise to audit all public and private institutions on their compliance with the provisions of the GEA and ensure that they have workplace policies on sexual harassment. The IUF also states that, in December 2019, a London-based law firm filed a case on behalf of 36 Malawian women alleging that they had been subjected to gender-based violence and harassment (including rape and sexual harassment) while working on tea estates in Mulanje and Thyolo districts. In March 2021, the same law firm filed another complaint in London’s High Court concerning 22 instances of sexual harassment, 13 instances of sexual assault, 11 instances of coerced sexual relations and 10 instances of rape on tea plantations and macadamia nut orchards in southern Malawi. These alleged cases happened between 2014 and 2019. The IUF states that the Malawian tea industry is the country’s biggest private sector employer, employing 50,000 workers, of whom 30 per cent are women, who are mainly employed as seasonal workers. It emphasizes that the fact that the workers’ complaint was made public and dealt with through a law firm based in the United Kingdom indicates that the established procedures in Malawi at the local and national levels are inadequate for victims of gender-based violence in the workplace who are seeking to achieve justice and to ensure an end to sexual harassment on tea estates.

The IUF refers to a meeting convened on 7 April 2021 with its affiliates in Malawi to discuss these cases. Subsequently, an IUF affiliate, the Plantations and Agricultural Workers Union (PAWU), met the Tea Association of Malawi Limited (TAML) and agreed to investigate cases of sexual harassment on tea plantations. Eleven managers and supervisors who were found to be involved in sexual harassment cases were dismissed. The IUF also states that its affiliates are currently working on awareness-raising activities to tackle sexual harassment on tea plantations. According to the IUF, the existing legal framework, as well as current initiatives that aim to stop gender-based violence, are not sufficient to eradicate the systemic problem of gender-based violence and sexual harassment on tea plantations. The IUF reports that male supervisors abuse their position of power (for example, hiring rights, allocation of tasks) and use it to demand sexual favours from women and/or to commit violence, especially on women employed under seasonal, and hence precarious, contracts. The IUF believes that women workers in agriculture and other sectors are also subject to sexual harassment. Noting with serious concern the gravity of these allegations, the Committee requests the Government to provide its comments in this respect and expresses the firm hope that the Government will consider requesting technical assistance to address the matters raised by the IUF. The Committee urges the Government to: (i) undertake, in cooperation with the organizations of workers and employers, an evaluation of the existing legal framework on sexual harassment and, in particular, to amend the definition of sexual harassment in section 6(1) of the Gender Equality Act of 2013 to explicitly include hostile work environment harassment; (ii) identify the initiatives taken to date to prevent and address sexual harassment in the public and private sectors, and the procedures and remedies available to victims, with a view to identifying existing gaps and risk factors and designing effective interventions to strengthen the protection of women workers against sexual harassment; (iii) provide information on the results of the evaluation and the actions envisaged as a follow-up; (iv) increase the capacity of the competent authorities, including labour inspectors, to prevent, identify and address cases of sexual harassment in employment and occupation, including on tea plantations; (v) continue undertaking awareness-raising campaigns in collaboration with the social partners; (vi) provide information on the adoption of the Sexual Harassment Workplace Policy pursuant to section 7 of the Gender Equality Act and its implementation; and (vii) consider amending section 6(1) of the Gender Equality Act to ensure that the term “reasonable person” in the definition of sexual harassment no longer refers to the harasser, but to an outside person.

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

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

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

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

Repetition

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

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

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

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

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

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

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

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

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

Repetition

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee recalls that it previously asked the Government to consider amending the definition of sexual harassment in section 6(1) of the Gender Equality Act (GEA) of 2013 to explicitly include hostile work environment harassment and to ensure that the “reasonable person” in the definition of harassment no longer refers to the harasser, but to an outside person, in order to ensure effective protection against all forms of harassment in the workplace. While noting that the Government’s report does not contain any information in this respect, the Committee notes the inclusion in the Malawi Public Service Management Policy 2018–2022 of a strategy to “implement programmes aimed at eliminating all forms of violence in the workplace and at home including gender-based violence, particularly sexual violence”. In order to ensure comprehensive protection against sexual harassment, the Committee asks the Government to amend section 6(1) of the GEA to ensure that the term “reasonable person” in the definition of sexual harassment no longer refers to the harasser, but to an outside person. The Committee asks the Government to provide information on the measures adopted pursuant to section 7 of the GEA to ensure that employers have developed and are implementing appropriate policies and procedures aimed at eliminating sexual harassment in the workplace. Further, the Committee asks the Government to take steps to address sexual harassment in the public service, including the provision of adequate reporting procedures, remedies and sanctions. It also encourages the Government to consider conducting awareness-raising campaigns, in cooperation with workers’ and employers’ organizations, focusing specifically on sexual harassment in employment and occupation.

Article 2. National Equality Policy. Promoting equality and inclusiveness in the public service. The Committee welcomes the provision by the Government of statistics on the distribution of men and women in decision-making positions (grades A–F). These statistics show that women never exceed more than 26 per cent of the composition of staff in these grades (25 per cent in the higher grade A, or only one woman, and 10 per cent in grade B). The Committee notes with interest the adoption in February 2018 of the Malawi Public Service Management Policy 2018–2022, which explicitly refers to the numerous Acts, including the Employment Act of 2000 and the GEA of 2013. The Committee further notes that the policy recognizes that “the public service is not inclusive enough in terms of gender” and other groups and that “there are perceptions that people with disabilities and people from different cultures are not equitably represented in the public service [and a] perception of dominance of a few groups of people in strategic positions based on political affiliations and tribe”. According to the policy, the Government will take the following steps: promoting inclusiveness and equity in employment; adopting legislative, executive and administrative measures that guarantee the right to employment and promotion of women, ethnic minorities and people with disabilities, marginalized and vulnerable social groups, in line with GEA and other legislation; and implementing a strategic and systematic approach to human resource development in the public service. The Committee asks the Government to take the necessary steps to implement the strategy on equality and diversity in the Public Service Management Policy, and particularly to adopt legislative, executive and administrative measures to that end, and to effectively promote equal opportunities and treatment for all at all levels in the public service through training and awareness-raising. The Government is asked to provide specific information on the results achieved through this policy with respect to the employment of women, persons with disabilities and persons from vulnerable or marginalized groups, and to report any obstacles encountered.

Promoting gender equality. National Gender Policy of 2015 and Gender Equality Act of 2013. The Committee recalls the adoption of the National Gender Policy in 2015, which includes as one of its objectives the creation of “a favourable environment for equal employment opportunities and benefits for women and men in both formal and informal sectors” through the elimination of occupational segregation and discrimination and the review of labour laws. It also recalls the adoption of the Gender Equality Act (GEA) in 2013, which aims to promote gender equality and prohibits and provides redress for direct and indirect sex discrimination, harmful practices and sexual harassment. The GEA also provides for the introduction of programmes designed to raise awareness of its provisions. The Committee notes with interest that the Government has taken the following steps to promote the GEA: an Implementing and Monitoring Plan for the GEA was launched in 2016; the Committee on Gender was established; awareness-raising meetings targeting magistrates, police officers, representatives of the private sector and community-based and civil society organizations were conducted throughout the country; dissemination of the Act to various stakeholders was organized; and a teaching guide on the GEA was published. The Committee notes the Government’s indication that there is a need for rules and regulations on gender equality to be developed and for the provisions on gender in other laws, such as the Public Service Act, the Service Commission Act and the Human Rights Commission Act, to be reviewed and harmonized with the provisions of the GEA. The Government also emphasizes the need to intensify civic education and awareness campaigns targeting traditional leaders and women and acknowledges that there is still a long way to go to achieve gender equality, in particular in employment, training and education. The Committee asks the Government to continue disseminating information to raise awareness of the GEA and to intensify its efforts in this regard among workers, employers and their organizations. The Committee asks the Government to take steps to adopt the rules and regulations pursuant to the GEA and to review the provisions on gender equality in other legislation in light of the GEA. It also asks the Government to provide information on the Implementing and Monitoring Plan for the GEA and any measure adopted to promote equal employment opportunities and benefits for women and men in both the formal and informal economy pursuant to the National Gender Policy.

The Committee 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 2019, published 109th ILC session (2021)

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

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

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

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

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

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

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

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

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee recalls that it previously asked the Government to consider amending the definition of sexual harassment in section 6(1) of the Gender Equality Act (GEA) of 2013 to explicitly include hostile work environment harassment and to ensure that the “reasonable person” in the definition of harassment no longer refers to the harasser, but to an outside person, in order to ensure effective protection against all forms of harassment in the workplace. While noting that the Government’s report does not contain any information in this respect, the Committee notes the inclusion in the Malawi Public Service Management Policy 2018–2022 of a strategy to “implement programmes aimed at eliminating all forms of violence in the workplace and at home including gender-based violence, particularly sexual violence”. In order to ensure comprehensive protection against sexual harassment, the Committee asks the Government to amend section 6(1) of the GEA to ensure that the term “reasonable person” in the definition of sexual harassment no longer refers to the harasser, but to an outside person. The Committee asks the Government to provide information on the measures adopted pursuant to section 7 of the GEA to ensure that employers have developed and are implementing appropriate policies and procedures aimed at eliminating sexual harassment in the workplace. Further, the Committee asks the Government to take steps to address sexual harassment in the public service, including the provision of adequate reporting procedures, remedies and sanctions. It also encourages the Government to consider conducting awareness-raising campaigns, in cooperation with workers’ and employers’ organizations, focusing specifically on sexual harassment in employment and occupation.

Article 2. National Equality Policy. Promoting equality and inclusiveness in the public service. The Committee welcomes the provision by the Government of statistics on the distribution of men and women in decision-making positions (grades A–F). These statistics show that women never exceed more than 26 per cent of the composition of staff in these grades (25 per cent in the higher grade A, or only one woman, and 10 per cent in grade B). The Committee notes with interest the adoption in February 2018 of the Malawi Public Service Management Policy 2018–2022, which explicitly refers to the numerous Acts, including the Employment Act of 2000 and the GEA of 2013. The Committee further notes that the policy recognizes that “the public service is not inclusive enough in terms of gender” and other groups and that “there are perceptions that people with disabilities and people from different cultures are not equitably represented in the public service [and a] perception of dominance of a few groups of people in strategic positions based on political affiliations and tribe”. According to the policy, the Government will take the following steps: promoting inclusiveness and equity in employment; adopting legislative, executive and administrative measures that guarantee the right to employment and promotion of women, ethnic minorities and people with disabilities, marginalized and vulnerable social groups, in line with GEA and other legislation; and implementing a strategic and systematic approach to human resource development in the public service. The Committee asks the Government to take the necessary steps to implement the strategy on equality and diversity in the Public Service Management Policy, and particularly to adopt legislative, executive and administrative measures to that end, and to effectively promote equal opportunities and treatment for all at all levels in the public service through training and awareness-raising. The Government is asked to provide specific information on the results achieved through this policy with respect to the employment of women, persons with disabilities and persons from vulnerable or marginalized groups, and to report any obstacles encountered.

Promoting gender equality. National Gender Policy of 2015 and Gender Equality Act of 2013. The Committee recalls the adoption of the National Gender Policy in 2015, which includes as one of its objectives the creation of “a favourable environment for equal employment opportunities and benefits for women and men in both formal and informal sectors” through the elimination of occupational segregation and discrimination and the review of labour laws. It also recalls the adoption of the Gender Equality Act (GEA) in 2013, which aims to promote gender equality and prohibits and provides redress for direct and indirect sex discrimination, harmful practices and sexual harassment. The GEA also provides for the introduction of programmes designed to raise awareness of its provisions. The Committee notes with interest that the Government has taken the following steps to promote the GEA: an Implementing and Monitoring Plan for the GEA was launched in 2016; the Committee on Gender was established; awareness-raising meetings targeting magistrates, police officers, representatives of the private sector and community-based and civil society organizations were conducted throughout the country; dissemination of the Act to various stakeholders was organized; and a teaching guide on the GEA was published. The Committee notes the Government’s indication that there is a need for rules and regulations on gender equality to be developed and for the provisions on gender in other laws, such as the Public Service Act, the Service Commission Act and the Human Rights Commission Act, to be reviewed and harmonized with the provisions of the GEA. The Government also emphasizes the need to intensify civic education and awareness campaigns targeting traditional leaders and women and acknowledges that there is still a long way to go to achieve gender equality, in particular in employment, training and education. The Committee asks the Government to continue disseminating information to raise awareness of the GEA and to intensify its efforts in this regard among workers, employers and their organizations. The Committee asks the Government to take steps to adopt the rules and regulations pursuant to the GEA and to review the provisions on gender equality in other legislation in light of the GEA. It also asks the Government to provide information on the Implementing and Monitoring Plan for the GEA and any measure adopted to promote equal employment opportunities and benefits for women and men in both the formal and informal economy pursuant to the National Gender Policy.

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

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

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 1 of the Convention. Sexual harassment. The Committee notes that the Gender Equality Act of 2013 requires employers to implement a variety of specific policies and procedures aimed at eliminating sexual harassment in the workplace, including a procedure for filing grievances and a policy to ensure appropriate disciplinary action against perpetrators. Section 6 of the Act prohibits sexual harassment, defined as “any form of unwanted verbal, non-verbal or physical conduct of a sexual nature in circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated that the other person would be offended, humiliated or intimidated”. The Committee recalls its general observation of 2003, which refers to sexual harassment as covering the following elements: (1) (quid pro quo): any physical, verbal or non verbal conduct of a sexual nature and other conduct based on sex affecting the dignity of women and men which is unwelcome, unreasonable and offensive to the recipient; and a person’s rejection of, or submission to, such conduct is used explicitly or implicitly as a basis for a decision which affects that person’s job; or (2) (hostile work environment): conduct that creates an intimidating, hostile or humiliating working environment for the recipient (see also General Survey on the fundamental Conventions, 2012, paragraph 789). The Committee considers that the reference to a “reasonable person” from the standpoint of the harasser substantially limits the protection and could result in insufficient coverage of the whole range of possible sexual harassment cases. The Committee requests the Government to consider amending the Gender Equality Act of 2013 to explicitly include hostile work environment harassment and to ensure that “reasonable person” no longer refers to the harasser, but to an outside person in order to ensure effective protection against all cases of sexual harassment in the workplace.

Articles 2 and 3. Scope of application. The Committee recalls that for a number of years it has been noting the exclusion of certain categories of workers from the protections provided in the Employment Act, 2000. Recalling that no provision in the Convention limits its scope as regards individuals, the Committee reiterates its request for the Government to indicate any regulations governing self-employed persons, members of the armed forces, the prison service, and the police protecting these categories of workers against discrimination in employment and occupation on the grounds set out in the Convention.

National equality policy. The Committee notes the Government’s indication that, in addition to the National Gender Policy, a number of other policies address equality in employment, including the Policy on Equal Opportunities for Persons with Disabilities, the Youth Policy and the National Employment and Labour Policy, and that the latter was the result of social dialogue and also targets women, youth and persons with disabilities. The Committee reminds the Government of its obligation under the Convention to take into account all the grounds set out in Article 1(1)(a) of the Convention in declaring and implementing the national equality policy. The Committee asks the Government to indicate the measures taken or envisaged, and the concrete results achieved, in the context of the Youth Policy and the National Employment and Labour Policy to promote equality of opportunity and treatment with respect to the grounds set out in the Convention. It also asks the Government to provide information on the implementation and results achieved under the Policy on Equal Opportunities for Persons with Disabilities.

Access of rural women to soft loans and credit facilities. The Committee referred previously to the assistance provided by the Government to rural groups, in the framework of the women’s economic empowerment programme. The Committee again asks the Government to provide specific information on the number of men and women in rural areas who have benefited from soft loans and credit facilities, as well as on the specific measures taken or envisaged to facilitate access to these facilities for rural women, or any training provided to rural women on business management and various production skills.

Parts III to V of the report form. The Committee notes that the Gender Equality Act of 2013 designates the Human Rights Commission as the body responsible for its enforcement, including a variety of specific functions, such as receiving complaints, carrying out related investigations, and promoting and facilitating access to remedies (sections 8 and 9). The Committee further notes that, according to the report submitted by the Government to the United Nations Human Rights Committee, the Government has provided training related to the Act to 65 officers of the State, including magistrates, police prosecutors and social welfare officers in 13 implementing districts; however, the Government states that financial constraints limit its capacity to provide such training to all relevant stakeholders (CCPR/C/MWI/Q/1/Add.2 of 14 July 2014). The Committee further notes the Government’s statement that no court decisions have been made regarding questions of principle relating to the application of the Convention. The Committee requests the Government to provide information on the number, nature, and outcome of any complaints filed with the Human Rights Commission pursuant to the Gender Equality Act of 2013, including any investigations undertaken or remedies provided in this regard. The Committee also asks the Government to provide up to-date information on any related judicial decisions and cases of infringements reported to or detected by the labour inspection services, as well as the remedies provided or sanctions imposed. Lastly, the Committee asks the Government to indicate any measures taken or envisaged to provide training to relevant target groups, including workers’ and employers’ organizations and public officials, regarding the meaning and implications of the principle of equality of opportunity and treatment in employment and occupation, as established by the Convention.

Statistics. The Committee recalls its previous comments regarding the lack or limited availability of sex-disaggregated data and statistics on employment and education and the importance of such information in determining the nature, extent and causes of discrimination and in monitoring the impact of the measures taken and the policies adopted. The Committee notes that the Gender Equality Act of 2013 empowers the Minister responsible for gender, children and social welfare to make regulations for “the collection of data in incidences and causes of discrimination on account of gender and sexual harassment for purposes of policy reform and programming and any other matter prescribed under this Act” (section 23(2)(d)). The Committee requests the Government to provide information on any such regulations issued, and on their implementation, or on other steps taken to collect and analyse statistical data, disaggregated by sex, regarding participation in education, vocational training and at the various levels in the different sectors and occupations, in both the public and private sectors, including in the informal economy, if possible.

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

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

Repetition

Article 2 of the Convention. Legislative developments. The Committee notes with interest the adoption of the Gender Equality Act of 2013, which aims to promote gender equality and equal integration and opportunities for men and women in all functions of society, provide for public awareness of gender equality, and prohibit and provide redress for direct and indirect discrimination based on sex, harmful practices (harmful social, cultural or religious practices) and sexual harassment. The Committee also notes that the Act provides for quotas on gender equality in public service employment and equal access to education and training. The Act requires the implementation of programmes to promote gender equality in all spheres of life and provides for its enforcement by the Human Rights Commission. The Committee requests the Government to provide information on the measures taken to implement the Gender Equality Act of 2013, and the impact in practice of such measures, and particularly the quotas on gender equality established for public service employment, education and training, on the promotion of equality and non-discrimination between men and women in employment and occupation. Please also provide information on the obstacles encountered during implementation, including any issues of legislative interpretation. The Committee requests the Government to provide information on the number and nature of the violations dealt with by the Human Rights Commission.

Access to education and vocational training. For a number of years, the Committee has been requesting information on the measures taken to address disparities in education levels between men and women. In this respect, the Committee notes the Government’s indication that the issue of gender and vocational training is addressed by the National Gender Policy. The Committee further notes that section 16 of the Gender Equality Act of 2013 requires the Government to take active measures to ensure that enrolment in tertiary educational institutions remains above a minimum quota of 40 per cent of students of either sex. Furthermore, section 14(1) of the Act establishes the right of all persons “to access education and training including vocational guidance at all levels”. The Act also requires the Government to take active measures to ensure that educational institutions provide equal access to girls and boys, and women and men. The Committee requests the Government to provide detailed information on the measures taken to meet the enrolment quota provided for in section 16 of the Gender Equality Act, and on the impact of such measures on women’s participation in the labour market, including in so-called traditionally “male” jobs, and higher level positions. The Committee also requests the Government to indicate any specific measures taken in the framework of the National Gender Policy to ensure equality of access to education and training, and to encourage the enrolment of girls and boys, and women and men in a wide range of education and vocational training courses, including in non-traditional fields.

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 2014, published 104th ILC session (2015)

Article 1 of the Convention. Sexual harassment. The Committee notes that the Gender Equality Act of 2013 requires employers to implement a variety of specific policies and procedures aimed at eliminating sexual harassment in the workplace, including a procedure for filing grievances and a policy to ensure appropriate disciplinary action against perpetrators. Section 6 of the Act prohibits sexual harassment, defined as “any form of unwanted verbal, non-verbal or physical conduct of a sexual nature in circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated that the other person would be offended, humiliated or intimidated”. The Committee recalls its general observation of 2003, which refers to sexual harassment as covering the following elements: (1) (quid pro quo): any physical, verbal or non verbal conduct of a sexual nature and other conduct based on sex affecting the dignity of women and men which is unwelcome, unreasonable and offensive to the recipient; and a person’s rejection of, or submission to, such conduct is used explicitly or implicitly as a basis for a decision which affects that person’s job; or (2) (hostile work environment): conduct that creates an intimidating, hostile or humiliating working environment for the recipient (see also General Survey on the fundamental Conventions, 2012, paragraph 789). The Committee considers that the reference to a “reasonable person” from the standpoint of the harasser substantially limits the protection and could result in insufficient coverage of the whole range of possible sexual harassment cases. The Committee requests the Government to consider amending the Gender Equality Act of 2013 to explicitly include hostile work environment harassment and to ensure that “reasonable person” no longer refers to the harasser, but to an outside person in order to ensure effective protection against all cases of sexual harassment in the workplace.

Articles 2 and 3. Scope of application. The Committee recalls that for a number of years it has been noting the exclusion of certain categories of workers from the protections provided in the Employment Act, 2000. Recalling that no provision in the Convention limits its scope as regards individuals, the Committee reiterates its request for the Government to indicate any regulations governing self-employed persons, members of the armed forces, the prison service, and the police protecting these categories of workers against discrimination in employment and occupation on the grounds set out in the Convention.

National equality policy. The Committee notes the Government’s indication that, in addition to the National Gender Policy, a number of other policies address equality in employment, including the Policy on Equal Opportunities for Persons with Disabilities, the Youth Policy and the National Employment and Labour Policy, and that the latter was the result of social dialogue and also targets women, youth and persons with disabilities. The Committee reminds the Government of its obligation under the Convention to take into account all the grounds set out in Article 1(1)(a) of the Convention in declaring and implementing the national equality policy. The Committee asks the Government to indicate the measures taken or envisaged, and the concrete results achieved, in the context of the Youth Policy and the National Employment and Labour Policy to promote equality of opportunity and treatment with respect to the grounds set out in the Convention. It also asks the Government to provide information on the implementation and results achieved under the Policy on Equal Opportunities for Persons with Disabilities.

Access of rural women to soft loans and credit facilities. The Committee referred previously to the assistance provided by the Government to rural groups, in the framework of the women’s economic empowerment programme. The Committee again asks the Government to provide specific information on the number of men and women in rural areas who have benefited from soft loans and credit facilities, as well as on the specific measures taken or envisaged to facilitate access to these facilities for rural women, or any training provided to rural women on business management and various production skills.

Parts III to V of the report form. The Committee notes that the Gender Equality Act of 2013 designates the Human Rights Commission as the body responsible for its enforcement, including a variety of specific functions, such as receiving complaints, carrying out related investigations, and promoting and facilitating access to remedies (sections 8 and 9). The Committee further notes that, according to the report submitted by the Government to the United Nations Human Rights Committee, the Government has provided training related to the Act to 65 officers of the State, including magistrates, police prosecutors and social welfare officers in 13 implementing districts; however, the Government states that financial constraints limit its capacity to provide such training to all relevant stakeholders (CCPR/C/MWI/Q/1/Add.2 of 14 July 2014). The Committee further notes the Government’s statement that no court decisions have been made regarding questions of principle relating to the application of the Convention. The Committee requests the Government to provide information on the number, nature, and outcome of any complaints filed with the Human Rights Commission pursuant to the Gender Equality Act of 2013, including any investigations undertaken or remedies provided in this regard. The Committee also asks the Government to provide up-to-date information on any related judicial decisions and cases of infringements reported to or detected by the labour inspection services, as well as the remedies provided or sanctions imposed. Lastly, the Committee asks the Government to indicate any measures taken or envisaged to provide training to relevant target groups, including workers’ and employers’ organizations and public officials, regarding the meaning and implications of the principle of equality of opportunity and treatment in employment and occupation, as established by the Convention.

Statistics. The Committee recalls its previous comments regarding the lack or limited availability of sex-disaggregated data and statistics on employment and education and the importance of such information in determining the nature, extent and causes of discrimination and in monitoring the impact of the measures taken and the policies adopted. The Committee notes that the Gender Equality Act of 2013 empowers the Minister responsible for gender, children and social welfare to make regulations for “the collection of data in incidences and causes of discrimination on account of gender and sexual harassment for purposes of policy reform and programming and any other matter prescribed under this Act” (section 23(2)(d)). The Committee requests the Government to provide information on any such regulations issued, and on their implementation, or on other steps taken to collect and analyse statistical data, disaggregated by sex, regarding participation in education, vocational training and at the various levels in the different sectors and occupations, in both the public and private sectors, including in the informal economy, if possible.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 2 of the Convention. Legislative developments. The Committee notes with interest the adoption of the Gender Equality Act of 2013, which aims to promote gender equality and equal integration and opportunities for men and women in all functions of society, provide for public awareness of gender equality, and prohibit and provide redress for direct and indirect discrimination based on sex, harmful practices (harmful social, cultural or religious practices) and sexual harassment. The Committee also notes that the Act provides for quotas on gender equality in public service employment and equal access to education and training. The Act requires the implementation of programmes to promote gender equality in all spheres of life and provides for its enforcement by the Human Rights Commission. The Committee requests the Government to provide information on the measures taken to implement the Gender Equality Act of 2013, and the impact in practice of such measures, and particularly the quotas on gender equality established for public service employment, education and training, on the promotion of equality and non-discrimination between men and women in employment and occupation. Please also provide information on the obstacles encountered during implementation, including any issues of legislative interpretation. The Committee requests the Government to provide information on the number and nature of the violations dealt with by the Human Rights Commission.

Access to education and vocational training. For a number of years, the Committee has been requesting information on the measures taken to address disparities in education levels between men and women. In this respect, the Committee notes the Government’s indication that the issue of gender and vocational training is addressed by the National Gender Policy. The Committee further notes that section 16 of the Gender Equality Act of 2013 requires the Government to take active measures to ensure that enrolment in tertiary educational institutions remains above a minimum quota of 40 per cent of students of either sex. Furthermore, section 14(1) of the Act establishes the right of all persons “to access education and training including vocational guidance at all levels”. The Act also requires the Government to take active measures to ensure that educational institutions provide equal access to girls and boys, and women and men. The Committee requests the Government to provide detailed information on the measures taken to meet the enrolment quota provided for in section 16 of the Gender Equality Act, and on the impact of such measures on women’s participation in the labour market, including in so-called traditionally “male” jobs, and higher level positions. The Committee also requests the Government to indicate any specific measures taken in the framework of the National Gender Policy to ensure equality of access to education and training, and to encourage the enrolment of girls and boys, and women and men in a wide range of education and vocational training courses, including in non-traditional fields.

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

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

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:

Repetition

Article 1 of the Convention. Sexual harassment. The Committee notes from the Government’s report under the Equal Remuneration Convention, 1951 (No. 100), that the National Gender Policy has been adopted, which contains provisions to address gender issues, women’s empowerment and sexual harassment. The Committee also notes that, according to the Government’s responses to the United Nations Committee on the Elimination of Discrimination against Women, the Gender Equality Bill has been developed by the Law Commission, and covers dignity, including sexual harassment; the Bill was to be presented to Parliament for enactment and Cabinet approval by the end of 2010 (CEDAW/C/MWI/Q/6/Add.1, 5 January 2010, paragraphs 5–8). Recalling the importance of defining and prohibiting sexual harassment, both quid pro quo and hostile environment harassment, the Committee hopes that the Gender Equality Bill will address these matters, and asks the Government to provide information on the status of the adoption of the Gender Equality Bill, as well as on any other measures taken to prevent and address sexual harassment in employment and occupation. Please also provide information on the status of the adoption of the revised Employment Act.

Scope of application. The Committee once again asks the Government to indicate any regulations governing self-employed persons, members of the armed forces, the prison service and the police. It would also appreciate receiving information on any cases brought before the Industrial Relations Court or any other judicial or administrative bodies involving the application of the Convention for these categories of workers.

Article 3. Cooperation with employers’ and workers’ organizations. The Committee notes the Government’s indication that tripartite consultations through social dialogue meetings at regional and national level are conducted annually. The Committee asks the Government to provide detailed information concerning any specific agenda of those tripartite consultations, and the results achieved through the consultations.

Parts III to V of the report form. The Committee notes the Government’s indication that so far there has been no court decision involving questions of principle relating to the application of the Convention. The Committee asks the Government to provide up-to-date information on any related judicial decisions and case of infringement reported to or detected by labour inspection services, as well as the remedies provided or sanctions imposed. It also once again requests the information on the activities carried out by the Industrial Relations Court or any other relevant bodies in order to raise public awareness with respect to the principle of the Convention. Please also provide copies of relevant reports and research papers of the Malawi Law Commission.

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

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

Repetition

National equality policy. The Committee notes the Government’s general statement that there is no discrimination as regards vocational training, or employment and occupation, based on a person’s race, colour, sex, religion, political opinion, national extraction or social origin, and that all recruitment is solely merit-based. The Committee recalls that, for the purposes of achieving the objectives of the Convention, it is important to acknowledge that no society is free from discrimination and that continuous action is required to address it. The Committee also recalls the obligation under the Convention to declare and pursue a national equality policy with a view to eliminating any discrimination in employment and occupation on all the grounds enumerated in the Convention. Recalling that in assessing whether a country has declared and is pursuing a national policy on equality of opportunity and treatment in accordance with the Convention, the Committee is guided by the criteria of effectiveness, and under Article 3(f) there is an obligation to provide information regularly on measures taken to promote equality and also to indicate the results secured by such action, the Committee requests the Government to provide detailed information in this regard in its future reports.

Access to education and vocational training. The Committee notes the Government’s indication that there is no discrimination in vocational training, and that the Technical, Entrepreneurial and Vocational Education and Training Act, 1999, is designed to promote equality of opportunity and treatment in respect of occupational and vocational training. The Government also refers to the development of a National Gender Policy in this context, as well as to the training of labour officers dealing with placement, and states generally that these measures have yielded positive results. The Committee recalls that vocational training and education have an important role in determining the actual possibilities of gaining access to employment and occupation, including access to less traditionally or typically “female” professions. The Committee, therefore, asks the Government to provide detailed information on the measures taken to address unequal access of women to training and education at all levels, including through the National Gender Policy and the training of placement officers, and the results achieved through such measures, including whether they have led to women gaining access to traditionally “male” jobs, and higher level positions.

Access to soft loans and credit facilities for rural women. The Committee understands that from 2004–09, under the women’s economic empowerment programme, an average of 500 business groups have been formed and trained per year, and 600 rural business groups with more than 20 members obtained grants worth 80 million Malawian Kwacha (MWK) from UNDP Malawi while others received MWK60 million from the African Development Bank as loans. The Committee asks the Government to provide information on the number of men and women in rural areas that have benefited from soft loans and credit facilities. Please also provide further information on the measures taken or envisaged to facilitate access to soft loans and credit facilities for rural women, such as dissemination of information regarding soft loans and credit facilities, or any training provided on business management and various production skills.

Statistics. The Committee notes that the Government is still not in a position to provide statistical information on the participation of women in training and education. The Committee also notes that the United Nations Committee on the Elimination of Discrimination against Women, in its concluding observations, expressed concern at the lack, or limited availability of data disaggregated by sex (CEDAW/C/MWI/CO/6, 5 February 2010, paragraphs 44 and 45). Recalling the importance of appropriate data and statistics in determining the nature, extent and causes of discrimination, and to monitor the impact of measures taken, the Committee asks the Government to take steps to collect and analyse statistical information, disaggregated by sex, regarding participation in education, vocational training, and at the various levels in the different sectors and occupations in both the public and private sectors, including in the informal economy if possible.

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 1 of the Convention. Sexual harassment. The Committee notes from the Government’s report under the Equal Remuneration Convention, 1951 (No. 100) that the National Gender Policy has been adopted, which contains provisions to address gender issues, women’s empowerment and sexual harassment. The Committee also notes that, according to the Government’s responses to the United Nations Committee on the Elimination of Discrimination against Women, the Gender Equality Bill has been developed by the Law Commission, and covers dignity, including sexual harassment; the Bill was to be presented to Parliament for enactment and Cabinet approval by the end of 2010 (CEDAW/C/MWI/Q/6/Add.1, 5 January 2010, paragraphs 5–8). Recalling the importance of defining and prohibiting sexual harassment, both quid pro quo and hostile environment harassment, the Committee hopes that the Gender Equality Bill will address these matters, and asks the Government to provide information on the status of the adoption of the Gender Equality Bill, as well as on any other measures taken to prevent and address sexual harassment in employment and occupation. Please also provide information on the status of the adoption of the revised Employment Act.

Scope of application. The Committee once again asks the Government to indicate any regulations governing self-employed persons, members of the armed forces, the prison service and the police. It would also appreciate receiving information on any cases brought before the Industrial Relations Court or any other judicial or administrative bodies involving the application of the Convention for these categories of workers.

Article 3. Cooperation with employers’ and workers’ organizations. The Committee notes the Government’s indication that tripartite consultations through social dialogue meetings at regional and national level are conducted annually. The Committee asks the Government to provide detailed information concerning any specific agenda of those tripartite consultations, and the results achieved through the consultations.

Parts III to V of the report form. The Committee notes the Government’s indication that so far there has been no court decision involving questions of principle relating to the application of the Convention. The Committee asks the Government to provide up-to-date information on any related judicial decisions and case of infringement reported to or detected by labour inspection services, as well as the remedies provided or sanctions imposed. It also once again requests the information on the activities carried out by the Industrial Relations Court or any other relevant bodies in order to raise public awareness with respect to the principle of the Convention. Please also provide copies of relevant reports and research papers of the Malawi Law Commission.

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

National equality policy. The Committee notes the Government’s general statement that there is no discrimination as regards vocational training, or employment and occupation, based on a person’s race, colour, sex, religion, political opinion, national extraction or social origin, and that all recruitment is solely merit-based. The Committee recalls that, for the purposes of achieving the objectives of the Convention, it is important to acknowledge that no society is free from discrimination and that continuous action is required to address it. The Committee also recalls the obligation under the Convention to declare and pursue a national equality policy with a view to eliminating any discrimination in employment and occupation on all the grounds enumerated in the Convention. Recalling that in assessing whether a country has declared and is pursuing a national policy on equality of opportunity and treatment in accordance with the Convention, the Committee is guided by the criteria of effectiveness, and under Article 3(f) there is an obligation to provide information regularly on measures taken to promote equality and also to indicate the results secured by such action, the Committee requests the Government to provide detailed information in this regard in its future reports.

Access to education and vocational training. The Committee notes the Government’s indication that there is no discrimination in vocational training, and that the Technical, Entrepreneurial and Vocational Education and Training Act, 1999, is designed to promote equality of opportunity and treatment in respect of occupational and vocational training. The Government also refers to the development of a National Gender Policy in this context, as well as to the training of labour officers dealing with placement, and states generally that these measures have yielded positive results. The Committee recalls that vocational training and education have an important role in determining the actual possibilities of gaining access to employment and occupation, including access to less traditionally or typically “female” professions. The Committee, therefore, asks the Government to provide detailed information on the measures taken to address unequal access of women to training and education at all levels, including through the National Gender Policy and the training of placement officers, and the results achieved through such measures, including whether they have led to women gaining access to traditionally “male” jobs, and higher level positions.

Access to soft loans and credit facilities for rural women. The Committee understands that from 2004–09, under the women’s economic empowerment programme, an average of 500 business groups have been formed and trained per year, and 600 rural business groups with more than 20 members obtained grants worth 80 million Malawian Kwacha (MWK) from UNDP Malawi while others received MWK60 million from the African Development Bank as loans. The Committee asks the Government to provide information on the number of men and women in rural areas that have benefited from soft loans and credit facilities. Please also provide further information on the measures taken or envisaged to facilitate access to soft loans and credit facilities for rural women, such as dissemination of information regarding soft loans and credit facilities, or any training provided on business management and various production skills.

Statistics. The Committee notes that the Government is still not in a position to provide statistical information on the participation of women in training and education. The Committee also notes that the United Nations Committee on the Elimination of Discrimination against Women, in its concluding observations of 5 February 2010, expressed concern at the lack, or limited availability of data disaggregated by sex (CEDAW/C/MWI/CO/6, 5 February 2010, paragraphs 44 and 45). Recalling the importance of appropriate data and statistics in determining the nature, extent and causes of discrimination, and to monitor the impact of measures taken, the Committee asks the Government to take steps to collect and analyse statistical information, disaggregated by sex, regarding participation in education, vocational training, and at the various levels in the different sectors and occupations in both the public and private sectors, including in the informal economy if possible.

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

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

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 1 of the Convention. Sexual harassment. The Committee notes from the Government’s report that the revised draft Employment Act prohibits sexual harassment. The Committee however notes that no other information is provided in reply to its previous requests. The Committee therefore reiterates its request for the following: (a) copies of the laws and regulations providing for protection against sexual harassment, including a copy of the revised Employment Act when adopted, as well as information on their application in practice; (b) further details on the administrative mechanisms for addressing sexual harassment and information on the number of sexual harassment cases that have been handled through these mechanisms or through the courts or that have been reported by the labour inspectorate, including the remedies provided; and (c) copies of policies and collective agreements in which employers’ and workers’ organizations have addressed sexual harassment.

Scope of protection (self-employed persons, domestic workers and members of the armed forces, the prison service and the police). Recalling that the Employment Act does not apply to self-employed persons, the Committee notes the Government’s indication that these persons are protected against discrimination under the Constitution. The Committee requests the Government to provide full information on the manner in which the Constitution is applied in practice to prohibit and address discrimination against men and women who wish to enter into self-employed occupations and to ensure that they have access to services and facilities necessary for this purpose in line with the principle of equality of opportunity and treatment.

Further to its previous comments concerning the protection of domestic workers, members of the armed forces, the prison service and the police, the Committee notes from the Government’s report that while the employment of domestic workers falls within the scope of the Employment Act, the employment of the other categories of workers is governed by specific Acts. The Committee again requests the Government to provide copies of the regulations governing the employment of members of the armed forces, the prison service and the police as well as statistical information, disaggregated by sex, on the numbers of men and women that are engaged in these occupations. Please also provide information on any cases involving the application of the Convention in respect of these categories of workers that have been brought before national courts or relevant administrative bodies, including information on the final decisions and the remedies provided.

Equal access to vocational training. In the absence of the information solicited, the Committee reiterates its request for the following: (a) information on the measures taken or envisaged, including through career guidance, to encourage women to consider training which is less traditionally or typically “female”, as well as information on any other measures taken to correct de facto inequalities in education with a view to enhancing women’s access to productive employment and skills development; and (b) statistical data on the number of women who have entered non-traditional occupations as a result of their participation in the abovementioned training courses.

Article 3. Cooperation with employers’ and workers’ organizations. The Committee recalls its previous comments on the involvement of the social partners in the monitoring of the provisions of the Employment Act (2000) and the national policy on equality of opportunity and treatment. The Committee again requests the Government to provide details on the manner in which employers’ and workers’ organizations engage in these monitoring activities.

Parts III to V of the report form. The Committee notes the report of the Industrial Relations Court referring to a series of sensitization workshops, seminars and training designed to enhance people’s awareness about labour matters. The Committee also notes from the Government’s report that no judicial decisions have been given in respect of the application of the Convention, nor is any information available concerning relevant violations detected by labour inspection services. The Committee requests the Government to provide information on the awareness-raising activities carried out by the Industrial Relations Court and any other measures taken to raise public awareness about the principle of the Convention and the remedies available under national law in case of breaches of its provisions. It also requests detailed information on the activities carried out by the Industrial Relations Court in this regard. Please also provide information on the report of the Law Reform Commission in so far as it relates to the application of the principle of equality of opportunity and treatment along with a copy of the report.

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

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

While noting the Government’s indication that the President is committed to promoting the participation of women in higher positions, that women have been appointed to some ministerial positions and high-ranking posts in the public service, the Committee notes that the report does not contain replies to the specific issues raised in the Committee’s previous observation. The Committee therefore again requests the Government to provide information on the following:

(i)    the measures taken to address unequal access of women to training and education at all levels, together with statistical information on the participation of women in training and education;

(ii)   the measures taken or envisaged, especially with regard to the recruitment policy and further training policy, to achieve an overall increase in the participation of women in higher-level posts in the public service. In this regard, please also provide updated statistical information, disaggregated by sex, showing the progress made in ensuring equal access of women to public service employment at all levels; and

(iii)  the measures taken or envisaged to facilitate access to soft loans for rural women as a means of assisting them to run small businesses, thereby reducing unemployment and poverty. The Committee also requests information on the number of rural women who have benefited from credit facilities.

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 2008, published 98th ILC session (2009)

Article 1 of the Convention. Sexual harassment. The Committee notes from the Government’s report that the revised draft Employment Act prohibits sexual harassment. The Committee however notes that no other information is provided in reply to its previous requests. The Committee therefore reiterates its request for the following: (a) copies of the laws and regulations providing for protection against sexual harassment, including a copy of the revised Employment Act when adopted, as well as information on their application in practice; (b) further details on the administrative mechanisms for addressing sexual harassment and information on the number of sexual harassment cases that have been handled through these mechanisms or through the courts or that have been reported by the labour inspectorate, including the remedies provided; and (c) copies of policies and collective agreements in which employers’ and workers’ organizations have addressed sexual harassment.

Scope of protection (self-employed persons, domestic workers and members of the armed forces, the prison service and the police). Recalling that the Employment Act does not apply to self-employed persons, the Committee notes the Government’s indication that these persons are protected against discrimination under the Constitution. The Committee requests the Government to provide full information on the manner in which the Constitution is applied in practice to prohibit and address discrimination against men and women who wish to enter into self-employed occupations and to ensure that they have access to services and facilities necessary for this purpose in line with the principle of equality of opportunity and treatment.

Further to its previous comments concerning the protection of domestic workers, members of the armed forces, the prison service and the police, the Committee notes from the Government’s report that while the employment of domestic workers falls within the scope of the Employment Act, the employment of the other categories of workers is governed by specific Acts. The Committee again requests the Government to provide copies of the regulations governing the employment of members of the armed forces, the prison service and the police as well as statistical information, disaggregated by sex, on the numbers of men and women that are engaged in these occupations. Please also provide information on any cases involving the application of the Convention in respect of these categories of workers that have been brought before national courts or relevant administrative bodies, including information on the final decisions and the remedies provided.

Equal access to vocational training. In the absence of the information solicited, the Committee reiterates its request for the following: (a) information on the measures taken or envisaged, including through career guidance, to encourage women to consider training which is less traditionally or typically “female”, as well as information on any other measures taken to correct de facto inequalities in education with a view to enhancing women’s access to productive employment and skills development; and (b) statistical data on the number of women who have entered non-traditional occupations as a result of their participation in the abovementioned training courses. The Committee also refers to its comments under the Equal Remuneration Convention, 1951 (No. 100).

Article 3. Cooperation with employers’ and workers’ organizations. The Committee recalls its previous comments on the involvement of the social partners in the monitoring of the provisions of the Employment Act (2000) and the national policy on equality of opportunity and treatment. The Committee again requests the Government to provide details on the manner in which employers’ and workers’ organizations engage in these monitoring activities.

Parts III to V of the report form. The Committee notes the report of the Industrial Relations Court referring to a series of sensitization workshops, seminars and training designed to enhance people’s awareness about labour matters. The Committee also notes from the Government’s report that no judicial decisions have been given in respect of the application of the Convention, nor is any information available concerning relevant violations detected by labour inspection services. The Committee requests the Government to provide information on the awareness-raising activities carried out by the Industrial Relations Court and any other measures taken to raise public awareness about the principle of the Convention and the remedies available under national law in case of breaches of its provisions. It also requests detailed information on the activities carried out by the Industrial Relations Court in this regard. Please also provide information on the report of the Law Reform Commission in so far as it relates to the application of the principle of equality of opportunity and treatment along with a copy of the report.

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

While noting the Government’s indication that the President is committed to promoting the participation of women in higher positions, that women have been appointed to some ministerial positions and high-ranking posts in the public service, the Committee notes that the report does not contain replies to the specific issues raised in the Committee’s previous observation. The Committee therefore again requests the Government to provide information on the following:

(i)    the measures taken to address unequal access of women to training and education at all levels, together with statistical information on the participation of women in training and education;

(ii)   the measures taken or envisaged, especially with regard to the recruitment policy and further training policy, to achieve an overall increase in the participation of women in higher-level posts in the public service. In this regard, please also provide updated statistical information, disaggregated by sex, showing the progress made in ensuring equal access of women to public service employment at all levels; and

(iii) the measures taken or envisaged to facilitate access to soft loans for rural women as a means of assisting them to run small businesses, thereby reducing unemployment and poverty. The Committee also requests information on the number of rural women who have benefited from credit facilities.

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

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

The Committee notes that the Government's report contains no reply to its previous comments.  It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

1. Sexual harassment. Article 1 of the Convention. The Committee notes the Government’s statement that sexual harassment in employment is prohibited through laws and covers both quid pro quo as well as hostile environment sexual harassment. It also notes the additional information provided with respect to the wide scope of protection and the fact that every organization has its own administrative mechanism for addressing sexual harassment in line with the laws of the country, the nationwide awareness-raising measures on sexual harassment, and the cooperation between employers’ and workers’ organizations to address the issue through policies and collective agreements. The Committee requests the Government to provide the following:

(a)   copies (with its next report) of the laws and regulations providing for the abovementioned protection against sexual harassment, as well as information on their application in practice;

(b)    further details on the abovementioned administrative mechanisms for addressing sexual harassment and information on the number of sexual harassment cases that have been handled through these mechanisms or through the courts or that have been reported by the labour inspectorate, including the remedies provided; and

(c)    copies of policies and collective agreements through which employers’ and workers’ organizations have addressed sexual harassment.

2. Scope of protection (self-employed persons, domestic workers and members of the armed forced, the prison service and the police). Further to its previous observation regarding the exclusion of self-employed persons from the protection of the Employment Act, the Committee notes the Government’s statement that it is difficult to address discrimination for self-employed persons because they own their own businesses. The Committee recalls that the Convention aims to protect men and women who wish to engage in self-employed occupations against laws, regulations or practices that prevent them from doing so based on the grounds set forth in Article 1(1)(a) of the Convention. The Committee therefore requests the Government to provide information on the measures taken or envisaged to prohibit and suppress discrimination against men and women who wish to enter into self-employed occupations, including information on measures to ensure equal opportunity and treatment with respect to access to services and facilities necessary for them to enter into self-employed occupations.

3. The Committee further notes that, according to the Government, No 3. Discrimination has been detected with regard to domestic workers and members of the armed forces, the prison service and the police, due to the fact that, in these cases, the merit procedures regarding recruitment, promotion, dismissal or any other disciplinary action, are being respected. The Committee requests the Government to provide copies of the laws and regulations governing the employment of domestic workers, members of the armed forces, the prison service and the police; and statistical information, disaggregated by sex, on the number of men and women who are engaged in the abovementioned occupations, as well as their corresponding level of employment.

4. Equal access to vocational training. Further to its observation, the Committee notes from the statistics on vocational training for the academic year 2004 that a number of women have enrolled in such courses as motor vehicle mechanics (33 per cent) carpentry and joinery (29 per cent), bricklaying (25.8 per cent) and welding (60 per cent). While welcoming these trends, the Committee also notes that women continue to be concentrated in stereotyped fields of study such as secretarial and bookkeeping. The Committee recalls the Government’s recognition under the National Gender Policy 2000-05 that the lack of career guidance has perpetuated women’s choices of traditionally female professions. The Committee requests the Government to provide:

(a)   information on measures taken or envisaged, including through career guidance, aimed at further encouraging women to consider training which is less traditionally or typically “female”, as well as any other measures taken to correct de facto inequalities in education with a view to enhancing women’s access to productive employment and skills development; and

(b)    statistical data on the number of women who have entered non-traditional occupations as a result of their participation in the abovementioned training courses.

5. Article 3. Cooperation with employers’ and workers’ organizations. With reference to its previous comments, the Committee notes the Government’s statement that employers’ and workers’ organizations monitor the provisions of the Employment Act (2000) and the national policy on equality of opportunity and treatment. It requests the Government to provide additional details on the manner in which the employers’ and workers’ organizations engage in these monitoring activities, and advocate the correction of practices regarded as in conflict with the Act and the national policy on equality, including the results achieved.

6. Practical application and Parts III and V of the report form. Enforcement. The Committee reiterates its request to the Government to provide information on the measures taken to promote the application of the Employment Act (2000), through public awareness campaigns or otherwise, with respect to the grounds of discrimination set forth in the Act. Please also include information on the manner in which the labour inspectorate is ensuring the application of the Act as well as information on any decisions taken by courts of law or tribunals involving questions of principle related to the application of the Convention, including the remedies provided.

7. The Committee notes that the report of the Law Reform Commission is still under review and the Government will send a copy of the report as soon as it is available.

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

Equality of opportunity and treatment between men and women. The Committee notes the information provided by the Government concerning its efforts to correct disparities in educational opportunities for girls and boys. The Committee notes in particular that the measures taken to enhance the education system included gender equality considerations. The Committee requests the Government to continue to provide information on measures taken to address unequal access of women to training and education at all levels. In this regard, the Committee reiterates its request for information that would allow the Committee to appreciate the actual progress made, including statistical information on the participation of women in training and education. In addition, the Committee requests the Government to provide information on the following matters to which is has not yet replied:

(a)   the measures taken or envisaged, especially with regard to the recruitment policy and further training policy, to achieve an overall increase in the participation of women in higher level posts in the public service. In this regard, please also provide updated statistical information, disaggregated by sex, showing the progress made to ensure equal access of women to public service employment at all levels;

(b)   the measures taken or envisaged to facilitate access to soft loans for rural women as a means of assisting them to run small businesses, thereby reducing unemployment and poverty. The Committee also requests information on the number of rural women who have benefited from credit facilities.

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

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

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:

1. Article 1 of the Convention. Sexual harassment. The Committee notes the Government’s statement that sexual harassment in employment is prohibited through laws and covers both quid pro quo as well as hostile environment sexual harassment. It also notes the additional information provided with respect to the wide scope of protection and the fact that every organization has its own administrative mechanism for addressing sexual harassment in line with the laws of the country, the nationwide awareness-raising measures on sexual harassment, and the cooperation between employers’ and workers’ organizations to address the issue through policies and collective agreements. The Committee requests the Government to provide the following:

(a)   copies (with its next report) of the laws and regulations providing for the abovementioned protection against sexual harassment, as well as information on their application in practice;

(b)    further details on the abovementioned administrative mechanisms for addressing sexual harassment and information on the number of sexual harassment cases that have been handled through these mechanisms or through the courts or that have been reported by the labour inspectorate, including the remedies provided; and

(c)    copies of policies and collective agreements through which employers’ and workers’ organizations have addressed sexual harassment.

2. Scope of protection (self-employed persons, domestic workers and members of the armed forced, the prison service and the police). Further to its previous observation regarding the exclusion of self-employed persons from the protection of the Employment Act, the Committee notes the Government’s statement that it is difficult to address discrimination for self-employed persons because they own their own businesses. The Committee recalls that the Convention aims to protect men and women who wish to engage in self-employed occupations against laws, regulations or practices that prevent them from doing so based on the grounds set forth in Article 1(1)(a) of the Convention. The Committee therefore requests the Government to provide information on the measures taken or envisaged to prohibit and suppress discrimination against men and women who wish to enter into self-employed occupations, including information on measures to ensure equal opportunity and treatment with respect to access to services and facilities necessary for them to enter into self-employed occupations.

3. The Committee further notes that, according to the Government, no discrimination has been detected with regard to domestic workers and members of the armed forces, the prison service and the police, due to the fact that, in these cases, the merit procedures regarding recruitment, promotion, dismissal or any other disciplinary action, are being respected. The Committee requests the Government to provide copies of the laws and regulations governing the employment of domestic workers, members of the armed forces, the prison service and the police; and statistical information, disaggregated by sex, on the number of men and women who are engaged in the abovementioned occupations, as well as their corresponding level of employment.

4. Equal access to vocational training. Further to its observation, the Committee notes from the statistics on vocational training for the academic year 2004 that a number of women have enrolled in such courses as motor vehicle mechanics (33 per cent) carpentry and joinery (29 per cent), bricklaying (25.8 per cent) and welding (60 per cent). While welcoming these trends, the Committee also notes that women continue to be concentrated in stereotyped fields of study such as secretarial and bookkeeping. The Committee recalls the Government’s recognition under the National Gender Policy 2000-05 that the lack of career guidance has perpetuated women’s choices of traditionally female professions. The Committee requests the Government to provide:

(a)   information on measures taken or envisaged, including through career guidance, aimed at further encouraging women to consider training which is less traditionally or typically “female”, as well as any other measures taken to correct de facto inequalities in education with a view to enhancing women’s access to productive employment and skills development; and

(b)    statistical data on the number of women who have entered non-traditional occupations as a result of their participation in the abovementioned training courses.

5. Article 3. Cooperation with employers’ and workers’ organizations. With reference to its previous comments, the Committee notes the Government’s statement that employers’ and workers’ organizations monitor the provisions of the Employment Act (2000) and the national policy on equality of opportunity and treatment. It requests the Government to provide additional details on the manner in which the employers’ and workers’ organizations engage in these monitoring activities, and advocate the correction of practices regarded as in conflict with the Act and the national policy on equality, including the results achieved.

6. Parts III and V of the report form. Practical application and enforcement. The Committee reiterates its request to the Government to provide information on the measures taken to promote the application of the Employment Act (2000), through public awareness campaigns or otherwise, with respect to the grounds of discrimination set forth in the Act. Please also include information on the manner in which the labour inspectorate is ensuring the application of the Act as well as information on any decisions taken by courts of law or tribunals involving questions of principle related to the application of the Convention, including the remedies provided.

7. The Committee notes that the report of the Law Reform Commission is still under review and the Government will send a copy of the report as soon as it is available.

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

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

1. Equality of treatment between men and women. Articles 1 and 3 of the Convention. The Committee recalls its previous observation which, among other issues, addressed the low number of managerial posts held by women in the public service (11.2 per cent at the P2/S2 ranks and 10.38 per cent in the P3/S3 ranks), the very high adult female illiteracy rate (71 per cent) and the low level of education, especially of rural women, and the discrimination they face in accessing productive resources that would improve their working and living conditions. These issues had also been the subject of comments raised by the International Confederation of Free Trade Unions (ICFTU) in 2002. The Committee had noted the Government’s reply that it was committed to reaching a target of 30 per cent of women in political and decision-making structures by 2005. It also noted the Government’s efforts to correct disparities in educational opportunities for girls and boys such as, among others, the girls’ attainment of basic literacy and education (GABLE) programme, and providing credit facilities to rural women. The Committee would appreciate receiving further information on the implementation of the abovementioned initiatives, including the results achieved.

2. Access of women to the public service. Further to its observation on Convention No. 100, the Committee notes from the new civil service job grades and salary structure that the managerial positions P4/S4 and above now correspond to grades “E” to “A”. The Committee also notes the Government’s explanations that the statistics of July 2004 show that women in managerial positions from P4/S4 and above total 14 per cent. However, it must observe that this information merely confirms previous figures without providing further details on the specific measures taken to promote women’s employment in those public service posts in which they are under-represented, and to reach the target of 30 per cent. The Committee recalls the importance of the State’s responsibility in pursuing a policy of equality of opportunity and treatment in respect of employment under its control. It therefore requests the Government to indicate in its next report the measures taken or envisaged, especially with regard to its recruitment policy and further training policy, to achieve an overall increase in the participation of women in higher level posts in the public service. Please also provide statistical information, disaggregated by sex, on the results obtained.

3. Equality of opportunity and treatment with respect to productive resources. With respect to access of rural women farmers to productive resources, the Committee notes that the National Association for Business Women (NABW) has trained 15,000 women in rural and urban areas on how to run small businesses and that the Foundation for International Community Assistance (FINCA) has assisted women in rural areas by providing them with soft loans as a way of reducing unemployment and poverty. While welcoming the abovementioned initiatives, the Committee also notes from the information submitted by the Malawi Congress of Trade Unions (MCTU), dated 26 December 2004, on Convention No. 100, that rural women face tough loan conditions, especially from FINCA, a situation which is, however, denied by the Government in its reply received on 14 October 2005. It asks the Government to provide information on the measures taken or envisaged to facilitate access to soft loans for rural women and to continue to supply information on the number of rural women who have benefited from the abovementioned credit facilities. Please also provide information on any other measures taken or envisaged to enhance equal opportunity and treatment for rural women in productive employment, and the results achieved.

4. Access to education. The Committee notes the Government’s statement that it is continuing the GABLE programme and that a number of girls have been admitted to university under its policy to facilitate women’s admission to university. Noting that the Government intends to supply the statistical data requested on women’s and girls’ educational attainment and on the results achieved of its programmes to correct disparities in education for girls and boys, the Committee trusts that such statistics will be included in the Government’s next report.

The Committee is raising other and related 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 very near future.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Article 1 of the Convention. Sexual harassment. The Committee notes the Government’s statement that sexual harassment in employment is prohibited through laws and covers both quid pro quo as well as hostile environment sexual harassment. It also notes the additional information provided with respect to the wide scope of protection and the fact that every organization has its own administrative mechanism for addressing sexual harassment in line with the laws of the country, the nationwide awareness-raising measures on sexual harassment, and the cooperation between employers’ and workers’ organizations to address the issue through policies and collective agreements. The Committee requests the Government to provide the following:

(a)  copies (with its next report) of the laws and regulations providing for the abovementioned protection against sexual harassment, as well as information on their application in practice;

(b)  further details on the abovementioned administrative mechanisms for addressing sexual harassment and information on the number of sexual harassment cases that have been handled through these mechanisms or through the courts or that have been reported by the labour inspectorate, including the remedies provided; and

(c)  copies of policies and collective agreements through which employers’ and workers’ organizations have addressed sexual harassment.

2. Scope of protection (self-employed persons, domestic workers and members of the armed forced, the prison service and the police). Further to its previous observation regarding the exclusion of self-employed persons from the protection of the Employment Act, the Committee notes the Government’s statement that it is difficult to address discrimination for self-employed persons because they own their own businesses. The Committee recalls that the Convention aims to protect men and women who wish to engage in self-employed occupations against laws, regulations or practices that prevent them from doing so based on the grounds set forth in Article 1(1)(a) of the Convention. The Committee therefore requests the Government to provide information on the measures taken or envisaged to prohibit and suppress discrimination against men and women who wish to enter into self-employed occupations, including information on measures to ensure equal opportunity and treatment with respect to access to services and facilities necessary for them to enter into self-employed occupations.

3. The Committee further notes that, according to the Government, no discrimination has been detected with regard to domestic workers and members of the armed forces, the prison service and the police, due to the fact that, in these cases, the merit procedures regarding recruitment, promotion, dismissal or any other disciplinary action, are being respected. The Committee requests the Government to provide copies of the laws and regulations governing the employment of domestic workers, members of the armed forces, the prison service and the police; and statistical information, disaggregated by sex, on the number of men and women who are engaged in the abovementioned occupations, as well as their corresponding level of employment.

4. Equal access to vocational training. Further to its observation, the Committee notes from the statistics on vocational training for the academic year 2004 that a number of women have enrolled in such courses as motor vehicle mechanics (33 per cent) carpentry and joinery (29 per cent), bricklaying (25.8 per cent) and welding (60 per cent). While welcoming these trends, the Committee also notes that women continue to be concentrated in stereotyped fields of study such as secretarial and bookkeeping. The Committee recalls the Government’s recognition under the National Gender Policy 2000-05 that the lack of career guidance has perpetuated women’s choices of traditionally female professions. The Committee requests the Government to provide:

(a)  information on measures taken or envisaged, including through career guidance, aimed at further encouraging women to consider training which is less traditionally or typically "female", as well as any other measures taken to correct de facto inequalities in education with a view to enhancing women’s access to productive employment and skills development; and

(b)  statistical data on the number of women who have entered non-traditional occupations as a result of their participation in the abovementioned training courses.

5. Article 3. Cooperation with employers’ and workers’ organizations. With reference to its previous comments, the Committee notes the Government’s statement that employers’ and workers’ organizations monitor the provisions of the Employment Act (2000) and the national policy on equality of opportunity and treatment. It requests the Government to provide additional details on the manner in which the employers’ and workers’ organizations engage in these monitoring activities, and advocate the correction of practices regarded as in conflict with the Act and the national policy on equality, including the results achieved.

6. Parts III and V of the report form. Practical application and enforcement. The Committee reiterates its request to the Government to provide information on the measures taken to promote the application of the Employment Act (2000), through public awareness campaigns or otherwise, with respect to the grounds of discrimination set forth in the Act. Please also include information on the manner in which the labour inspectorate is ensuring the application of the Act as well as information on any decisions taken by courts of law or tribunals involving questions of principle related to the application of the Convention, including the remedies provided.

7. The Committee notes that the report of the Law Reform Commission is still under review and the Government will send a copy of the report as soon as it is available.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

Equality of treatment between men and women

1. Articles 1 and 3 of the Convention. The Committee recalls its previous observation which, among other issues, addressed the low number of managerial posts held by women in the public service (11.2 per cent at the P2/S2 ranks and 10.38 per cent in the P3/S3 ranks), the very high adult female illiteracy rate (71 per cent) and the low level of education, especially of rural women, and the discrimination they face in accessing productive resources that would improve their working and living conditions. These issues had also been the subject of comments raised by the International Confederation of Free Trade Unions (ICFTU) in 2002. The Committee had noted the Government’s reply that it was committed to reaching a target of 30 per cent of women in political and decision-making structures by 2005. It also noted the Government’s efforts to correct disparities in educational opportunities for girls and boys such as, among others, the girls’ attainment of basic literacy and education (GABLE) programme, and providing credit facilities to rural women. The Committee had requested further information on the implementation of the abovementioned initiatives, including the results achieved.

2. Access of women to the public service. Further to its observation on Convention No. 100, the Committee notes from the new civil service job grades and salary structure that the managerial positions P4/S4 and above now correspond to grades "E" to "A". The Committee also notes the Government’s explanations that the statistics of July 2004 show that women in managerial positions from P4/S4 and above total 14 per cent. However, it must observe that this information merely confirms previous figures without providing further details on the specific measures taken to promote women’s employment in those public service posts in which they are under-represented, and to reach the target of 30 per cent. The Committee recalls the importance of the State’s responsibility in pursuing a policy of equality of opportunity and treatment in respect of employment under its control. It therefore requests the Government to indicate in its next report, the measures taken or envisaged, especially with regard to its recruitment policy and further training policy, to achieve an overall increase in the participation of women in higher level posts in the public service. Please also provide statistical information, disaggregated by sex, on the results obtained.

3. Equality of opportunity and treatment with respect to productive resources. With respect to access of rural women farmers to productive resources, the Committee notes that the National Association for Business Women (NABW) has trained 15,000 women in rural and urban areas on how to run small businesses and that the Foundation for International Community Assistance (FINCA) has assisted women in rural areas by providing them with soft loans as a way of reducing unemployment and poverty. While welcoming the abovementioned initiatives, the Committee also notes from the information submitted by the Malawi Congress of Trade Unions (MCTU), dated 26 December 2004, on Convention No. 100, that rural women face tough loan conditions, especially from FINCA, a situation which is, however, denied by the Government in its reply received on 14 October 2005. It asks the Government to provide information on the measures taken or envisaged to facilitate access to soft loans for rural women and to continue to supply information on the number of rural women who have benefited from the abovementioned credit facilities. Please also provide information on any other measures taken or envisaged to enhance equal opportunity and treatment for rural women in productive employment, and the results achieved.

4. Access to education. The Committee notes the Government’s statement that it is continuing the GABLE programme and that a number of girls have been admitted to university under its policy to facilitate women’s admission to university. Noting that the Government intends to supply the statistical data requested on women’s and girls’ educational attainment and on the results achieved of its programmes to correct disparities in education for girls and boys, the Committee trusts that such statistics will be included in the Government’s next report.

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

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

1. The Committee notes the information provided in the National Gender Policy 2000-05, which states that lack of career guidance perpetuates women’s choices of traditional female professions; in addition, curricula in the institutions have not been made fully gender sensitive. The Committee also notes the commitment of the Government to improve women’s educational level and technical occupational training through the vocational training colleges under the Ministry. The Committee recalls that training is of fundamental importance in that it determines the actual possibilities of gaining access to employment and occupation; therefore, it urges the Government to take specific measures to enhance women’s participation in skill development and vocational training.

2. Noting the information provided in the Government’s report that the Employment Act was adopted after consultation with the social partners, the Committee would like to recall that the promotion of equality of opportunity and treatment in employment and occupation is aimed at an ongoing process in the course of which the national equality policy must continually be adjusted to the changes that it brings about in society. One of the underlying principles of such policy is that it has to be conceived and developed in cooperation with employers’ and workers’ organizations. Therefore, the Committee asks the Government to provide information on the roles of employers’ and workers’ organizations in the implementation of the discrimination provisions in the new Employment Act and of the policy of equality of opportunity and treatment.

3. The Committee notes that the Government indicated that the report on the Law Reform Commission would be sent under separate cover through UNDP. The Committee notes that it has not yet been received and trusts that the Government will supply it within the next reporting period.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information contained in the Government’s report and the attached documentation. It also notes the comments by the International Confederation of Free Trade Unions (ICFTU) of 6 February 2002, the Government’s response to these comments and the ICFTU’s further clarifications of 9 October 2002.

1. In its previous comment the Committee raised its concern over the small percentage of women occupying positions of responsibility in the civil service. In its comments the ICFTU indicates that only 5 per cent of the managerial positions are held by women, and that access to more secure and higher paid employment is greatly restricted for women. The Committee notes that the statistical data supplied by the Government show women’s participation in managerial positions in the civil service to be low but to have increased since 1995 to be 11.02 per cent for positions at the P2/S2 ranks and 10.38 per cent for the P3/S3 ranks. The Committee further notes the Government’s response to the comments made by the ICFTU indicating its commitment, together with the Southern African Development Community (SADC), to reach a target of 30 per cent of women in the political and decision-making structures by the year 2005. Therefore, the Committee asks the Government to indicate the measures taken to reach this target and to supply statistical data on the results obtained.

2. The Committee notes that according to the ICFTU women rural farmers constitute the majority of working poor and face discrimination in access to productive resources that would improve their living and working conditions. It notes that the National Gender Policy 2000-05 states that "women remain largely absent at all levels of policy-making project formulation and management of natural resources and the environment". However, the Committee also notes the information in the Government’s reply concerning a project by the Freedom Foundation Trust, whose patron is Malawi’s First Lady, with the Malawi Rural Finance Company to provide credit facilities to rural women. The Committee would appreciate receiving further information on this initiative and on any other concrete measures taken or envisaged to enhance equal opportunity and treatment for rural women in productive employment, and on the results achieved by these measures.

3. The Committee notes the information provided in the National Gender Policy 2000-05 that adult female illiteracy is estimated at 71 per cent, while that of men is 52 per cent; that the drop-out rate of girls is still high compared to boys, so that in the final year of primary school only 25 per cent of the students are girls; and that girls still concentrate in stereotyped fields of study such as nursing, teaching, secretarial training and home economics. The Committee also notes the ICFTU comments that point out the low level of education of rural women. The Committee notes the efforts of the Government to correct disparities in education opportunities for girls and boys. It notes with interest the Girls Attainment of Basic Literacy and Education (GAMBLE) programme, the change in policy to allow pregnant girls to go back to school after childbirth, the inclusion of gender training courses for teachers, and the policy to facilitate women’s admission to university. The Committee hopes the Government will continue to provide statistical data on women and girls’ educational attainment and to indicate the results achieved through the abovementioned programmes. It also requests the Government to indicate whether it envisages taking additional measures to correct de facto inequalities in education which is expected to improve literacy skills of women and to enhance their potential in respect of economic productivity and equal access to training, skill development and jobs.

4. The Committee notes the adoption of the new Employment Act, 2000, which in section 5 bans discrimination "against any employee or prospective employee on the grounds of race, colour, sex, language, religion, political or other opinion, nationality, ethnic or social origin, disability, property, birth, marital or other status or family responsibility, in respect of recruitment, training, promotion, terms and conditions of employment, termination of employment or other matters arising out of the employment relationship". The Committee also notes section 2 of the same Act that defines the scope of application of the Act, and requests the Government to indicate the manner in which protection is afforded in law and practice against discrimination in occupation for self-employed persons, for domestic workers, and for members of the armed forces, the prison service and the police. The Committee also asks the Government to indicate the measures taken to promote application of the law in practice, for women and men as well as on the other grounds set forth in the new Act, including with respect to public information, labour inspection and other enforcement activities.

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

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information contained in the Government’s report and the attached documentation.

1.  The Committee notes with interest the Government’s statement that the prohibition of night work and underground work for women was deleted from the final draft of the Employment Bill after the social partners determined that it was up to women themselves to decide on the matter. Noting that the International Labour Conference, at its 88th Session (June 2000), was informed by the Minister of Labour and Vocational Training that the Bill, adopted by the National Assembly in March 2000, had been endorsed by the President of the Republic, it requests the Government to supply a copy of the text adopted by Parliament. It also requests the Government to supply the conclusions of the report of the Law Reform Commissioner subsequent to his or her review of legislation that discriminates against women, as soon as it is available.

2.  The Committee notes the Government’s statement that there is no discrimination in recruitment and selection and notes the Government’s example that both sexes are equitably represented in the composition of the Government as well as in posts of responsibility in the civil service and that women are members of the Tripartite Labour Advisory Council, the Wages Advisory Board and the Industrial Relations Court. In this context, the Committee duly notes the explanations provided by the Government in regard to grades S8/P8-S6/P6 in the civil service, from which it emerges that, contrary to the Committee’s understanding, these grades are in fact at the bottom of the salary scale. In the light of these explanations, it appears clearly that the higher the level of responsibility, the fewer women there are. Hence, according to the table supplied by the Government, in 1995, grades S2/P4 and above contained 4.6 per cent of women as against 9.5 per cent at grade S5/P5 and 19.3 per cent at grades S8/P8-S6/P6. It therefore reiterates the hope that the Government will supply in its next report specific information on programmes implemented or envisaged for the purpose of developing the employment of women in the civil service, particularly at the highest levels, and that it will indicate whether positive results in this direction have already been obtained.

3.  The Committee draws the Government’s attention to the fact that, apart from sex, Convention No. 111 prohibits discrimination in employment or occupation made on the basis of six other criteria - race, colour, religion, political opinion, national extraction and social origin - and therefore requests it to indicate what specific measures are taken or envisaged to ensure non-discrimination based on these other criteria in regard to recruitment and selection for the posts under its control.

4.  Although the State’s responsibility in pursuit of a policy of equality of opportunity and treatment in regard to employment subject to its control is fundamental, the State also has an obligation, under Article 3(a) and (b) of the Convention, to secure the acceptance and observance of this policy in the private sector and to cooperate with employers and workers in promoting acceptance and observance of the policy. The Committee therefore requests the Government to supply information on specific promotional activities undertaken or envisaged in order to encourage the acceptance and observance of the Convention. The Government is also requested to provide information on the roles of employers’ and workers’ organizations in the implementation of the policy of equality of opportunity and treatment.

5.  With regard to measures taken to narrow the gap between education attainment levels of boys and girls, the Committee notes the Government’s affirmation that it is making efforts in this direction. The Committee notes in particular the Girls’ Attainment for Basic Literacy Education (GABLE), part of the social mobilization campaign project launched by the Ministry of Gender, Youth and Community Services. In addition to the campaign against illiteracy, this activity endeavours to bring awareness to the community of the importance of education for girls and has enabled the Government to introduce free education for all girls who have successfully progressed from primary to secondary education. It also observes that the Ministry is running an adult literacy programme which, to date, has made over 600,000 adults literate, of whom 86 per cent are women. Finally, according to the Government’s report, a special system has been initiated which is designed to increase the number of girls entering university, under which the number of points required for admission is different for girls and for boys. The information in the Government’s report, however, shows that the number of points required for admission to university is higher for girls (29 points) than for boys (26 points). The Committee therefore requests the Government to provide clarification on the exact manner in which this system operates.

6.  Noting that the statistics on participation by women in occupations traditionally chosen by men are still not available, the Committee trusts that the Government will supply the relevant information as soon as it is available. It notes, however, the Government’s statement that it encourages women to choose occupations traditionally considered to be male occupations, such as engineering. The Committee wishes to emphasize again the importance of training and also of vocational guidance, in that they affect real possibilities for access to jobs and occupations particularly since discrimination in access to training is perpetuated and accentuated later at the level of employment and occupation. It therefore requests the Government to indicate what specific measures are taken or envisaged to increase participation by girls in occupational training, including technical occupational training traditionally chosen by boys.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information provided in the Government's report and the attached documentation.

1. The Committee thanks the Government for supplying a copy of the draft Employment Act. It notes with interest that section 4 of the draft would prohibit discrimination on, inter alia, all the grounds listed in Article 1(a) of the Convention, and that section 5 requires the payment of equal remuneration for work of equal value. The Committee draws the Government's attention to sections 21 and 22 of the draft Employment Act concerning night work and underground work for women workers and invites it to review these provisions of the draft, in consultation with the social partners and women workers, to determine whether it is still necessary to prohibit their access to certain occupations in light of the 1990 Protocol to Convention No. 89 concerning night work for women, 1948, Convention No. 171 on night work, 1990, Convention No. 176 on safety and health in mines, 1995, and its accompanying Recommendation, and the provisions of the 1985 ILO resolution on equal opportunities between men and women in employment and occupation, in accordance with Article 5 of the Convention. The Committee would be grateful to receive a copy of the draft Act when adopted. The Committee also understands that the Law Reform Commissioner has undertaken a review of legislation that discriminates against women and has proposed legislation to bring the law into compliance with the constitutional standards. The Committee would be grateful if the Government would provide, in its next report, detailed information on the above initiative, particularly as it relates to equality in employment and occupation and training institutions.

2. With regard to the national machinery to promote the advancement of women, the Committee notes that a Ministry for Women, Youth and Social Services has been established within the Government, as stated by the Government in one of its earlier reports. The Committee would be grateful if, in its next report, the Government would provide details on the mandates, plans of action and activities of the Ministry and the National Commission on Women in Development (NCWID), and if it would continue to supply information on other organizations, such as the National Association of Business Women (NABW) in relation to the application of the Convention and the constitutional provisions on gender equality.

3. Concerning measures to combat discrimination in employment and occupation, the Committee notes from the Government's report that it encourages employers not to discriminate in their recruitment and selection activities. The Committee requests the Government to provide further details on the nature and the scope of these measures and the results achieved.

4. As for equal access for men and women to training institutions, the Committee notes from the report that educational qualifications are considered the guiding criterion when selecting candidates for admission. While no direct discrimination may exist in terms of access to training institutions, women may be inappropriately equipped in terms of general or vocational education as compared to men. In this regard, the Committee refers to the information provided in the NABW report, attached to the Government's report, that 71 per cent of women are illiterate. Within the terms of the Convention, access to training, including the elimination of illiteracy, should be promoted without discrimination on the basis of sex, race, colour, national extraction, political opinion, religion or social origin. The Committee would therefore be grateful if the Government would provide information in its next report in the form of statistics or otherwise on measures taken to narrow the gap between education attainment levels of boys and girls, and to enhance women's participation in training institutions through, for example, adult literacy programmes and out-of-school education for women, flexible training schedules or general awareness-raising campaigns to increase girls' education and training.

5. With regard to the training of women for trades traditionally selected by men and their participation in training and retraining abroad, the Committee reminds the Government of its intention to provide in the near future the relevant data once these have been collected and published by the National Statistical Office. The Committee recalls that labour statistics are an invaluable tool to monitor effectively the national policy in place to eliminate discrimination and promote equal opportunity and treatment.

6. In reply to its request for recent data on women's participation in the civil service, the Committee notes the tables transmitted by the Government on the percentage distribution of civil servants by grade, sex and level of education. It also notes the policy of the Government to recruit more women for posts of responsibility in the public service. In the absence of a legend clarifying the attached statistical tables, the Committee understands that the grades S8/P8-S6/P6 and above refer to senior positions and notes the progress made in the percentage of women occupying these positions as compared to 1993. However, the tables show that in general the total proportion of women in the civil service is still very low (25 per cent) as compared to their male counterparts (75 per cent) and that women make up less than 5 per cent in the highest administrative position. It therefore requests the Government to continue to provide detailed information on the progress made in this regard and to indicate whether programmes designed to promote further employment of women in the civil service have been envisaged or implemented and whether concrete results have been obtained in this direction.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

1. The Committee notes that the Government has made use of the technical assistance of the Office with regard to the drafting of a new Employment Bill dealing with individual workers' rights. It notes that a preliminary draft of that legislation was sent to the Government in March 1997 and that this draft contains in sections 4 and 5, respectively, provisions on non-discrimination and equal pay. The Committee requests the Government to inform it of progress in the adoption of this new Employment Bill.

2. 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 concerning the elimination of sex discrimination raised in its previous direct request, which read as follows:

(...)

2. With regard to the participation of women in self-employment, the Committee notes from the report that women's associations, such as the National Commission for Women in Development (NCWID) and the National Association of Business Women (NABW) are very active in promoting the interests of women, including women in rural areas. The Committee would be grateful to receive information on the activities of these organizations, such as extracts from reports on their activities or other publications related to the application of the Convention.

3. The Committee notes from the report that the Government is currently strengthening measures to combat discrimination in employment, occupation and training institutions. The Committee would be grateful if the Government would provide details in its next report on the nature and scope of these measures and the results achieved with regard to the application in practice of the constitutional provisions on equality and the Convention.

4. With regard to the training of women, particularly for trades traditionally selected by men, and their participation in training and retraining courses abroad, the Committee notes that awareness campaigns for women on these matters are being organized by the Government through the media and training and educational institutions. The Committee also notes that the statistical data requested in this respect will be provided in the near future once the National Statistical Office has collected and published them, which it has not done for the past four years.

5. In reply to its request for information (including statistics) on the specific measures taken to increase the proportion of women in the public service, which is currently very low, particularly in positions of responsibility, the Committee notes that the Government has undertaken a census in the sector and that the results of the census will enable it to provide recent data to evaluate the progress achieved. The Committee hopes that the Government will be in a position to provide such data with its next report.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

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.

1. Further to its previous comments concerning women's participation in the public sector and self-employment, the Committee notes with interest that, according the Government's report, both the public and private sectors have responded positively to government efforts to increase participation of women in national development and that the situation of women has improved significantly in various sectors such as agriculture, health and self-employment.

With regard to self-employment, the Committee notes that, according to a survey recently conducted by the Ministry of Trade and Industry, 45 per cent of all small and medium enterprises (SME) were owned by women and that 33 per cent of the beneficiaries of SME loans were women. It also notes the activities to assist women undertaken by the Ministry of Labour under the auspices of the National Commission on Women in Development (NCWID), the Chitukuko Cha M'Malawi (CCAM) and other organizations responsible for promoting the integration of women in the socio-economic development process, particularly in the rural and self-employment sectors. The Committee asks the Government in its future reports to continue to supply information on the activities of the above-mentioned organizations and the results obtained in increasing women's participation in self-employment.

With regard to the public sector, the Committee takes note of the Government's statement that, in the civil service, since 1991 women have been taking higher responsibility. It notes, however, from the statistics of the number of administrative managers in the civil service for the period 1988 to 1993, that the proportion of women is still very low and that progress over the period was scant: in 1988, the number of women throughout all categories was 16 as opposed to 198 men, i.e. 8 per cent; and in 1993, 21 women as opposed to 193 men, i.e. only 10.8 per cent. The Committee would be grateful if, in its next report, the Government would provide information on specific measures taken to remedy the situation of women in this respect, together with recent statistics enabling it to evaluate progress made.

With regard to apprentices, the Committee notes the Government's indication that there has recently been greater interest among girls to train as apprentices in trades which are traditionally dominated by men, such as mechanical engineering, electricity, carpentry, general fitting, etc. It notes, however, from the statistics of the number of persons trained under the apprenticeship scheme for the period 1988 to 1993, that although the number of female trainee applicants and the number of trained females have more than doubled over the period, they are still low by comparison with the number of men. In 1988 there were 29 female applicants out of a total of 8,197, and nine women received training out of a total of 415 trainees, i.e. 0.3 per cent and 2 per cent respectively; and in 1992, there were 82 female candidates out of a total of 7,835, and 25 women received training out of a total of 435, i.e. 1 per cent and 5.8 per cent respectively. The Committee asks the Government to continue to provide information on the measures taken, and progress made, to encourage enterprises to employ more women either as apprentices or as entrants to the labour market, particularly in respect of the above-mentioned trades.

2. With regard to training, the Committee notes the Government's statement that it has engaged in a widespread public campaign for women to take up the challenge of national development and to take a greater interest in relevant subjects so that they may equally compete with males in trades traditionally dominated by men. It adds, however, that it will be difficult to take up this challenge, in view of traditional preferences for occupation on sex lines. The Committee asks the Government to indicate the measures taken or envisaged and the results obtained, to promote a more positive attitude to women's abilities and aspirations and to encourage them to undergo training for jobs in which men are traditionally in the majority.

The Committee notes from the statistics supplied by the Government on the number of persons in the civil service who have undergone international training during the period 1988 to 1993, that the proportion of women as opposed to men is very low in all courses, except in nursing where women are in the majority. It also notes the Government's statement that it is taking appropriate steps to compile data on employment and training disaggregated by sex. The Committee hopes that the next report will contain such data and that the Government will continue to provide information on the measures taken, and the results obtained, to increase the participation of women in training in general, and in training and retraining courses abroad.

3. With regard to placement, the Committee notes from the statistics of jobseekers supplied by the Ministry of Labour for the period 1987 to 1990, that in 1987 out of a total of 23,892 jobseekers, 1,824 were women, i.e. 7.6 per cent, and that out of 11,615 persons placed, 625 were women, i.e. 5.3 per cent. It also notes that during this period the number of female jobseekers and the number of females placed have increased steadily, rising from 1,824 in 1987 to 2,205 in 1990 as regards jobseekers, and from 625 to 946 for women who were actually placed. The Committee refers to Article 3(e) of the Convention, and asks the Government to provide detailed information on the manner in which placement services ensure the application of the policy of non-discrimination and on the means of action available to such services and their users when enterprises prefer to recruit men in certain jobs rather than women with the same or higher qualifications who meet all the other requirements for the job.

4. Please provide detailed information on the measures taken to promote the national policy on equality of opportunity and treatment in respect of employment and occupation without distinction as to political opinion, national extraction, religion and social origin, with regard to: (a) access to vocational training; (b) access to employment and to particular occupations; (c) terms and conditions of employment.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

1. The Committee notes the information provided in the report in reply to its previous comments concerning the equality of women in employment and training.

2. With regard to the participation of women in self-employment, the Committee notes from the report that women's associations, such as the National Commission for Women in Development (NCWID) and the National Association of Business Women (NABW) are very active in promoting the interests of women, including women in rural areas. The Committee would be grateful to receive information on the activities of these organizations, such as extracts from reports on their activities or other publications related to the application of the Convention.

3. The Committee notes from the report that the Government is currently strengthening measures to combat discrimination in employment, occupation and training institutions. The Committee would be grateful if the Government would provide details in its next report on the nature and scope of these measures and the results achieved with regard to the application in practice of the constitutional provisions on equality and the Convention.

4. With regard to the training of women, particularly for trades traditionally selected by men, and their participation in training and retraining courses abroad, the Committee notes that awareness campaigns for women on these matters are being organized by the Government through the media and training and educational institutions. The Committee also notes that the statistical data requested in this respect will be provided in the near future once the National Statistical Office has collected and published them, which it has not done for the past four years.

5. In reply to its request for information (including statistics) on the specific measures taken to increase the proportion of women in the public service, which is currently very low, particularly in positions of responsibility, the Committee notes that the Government has undertaken a census in the sector and that the results of the census will enable it to provide recent data to evaluate the progress achieved. The Committee hopes that the Government will be in a position to provide such data with its next report.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the information and statistics provided by the Government in reply to its previous direct request.

1. Further to its previous comments concerning women's participation in the public sector and self-employment, the Committee notes with interest that, according the Government's report, both the public and private sectors have responded positively to government efforts to increase participation of women in national development and that the situation of women has improved significantly in various sectors such as agriculture, health and self-employment.

With regard to self-employment, the Committee notes that, according to a survey recently conducted by the Ministry of Trade and Industry, 45 per cent of all small and medium enterprises (SME) were owned by women and that 33 per cent of the beneficiaries of SME loans were women. It also notes the activities to assist women undertaken by the Ministry of Labour under the auspices of the National Commission on Women in Development (NCWID), the Chitukuko Cha M'Malawi (CCAM) and other organizations responsible for promoting the integration of women in the socio-economic development process, particularly in the rural and self-employment sectors. The Committee asks the Government in its future reports to continue to supply information on the activities of the above-mentioned organizations and the results obtained in increasing women's participation in self-employment.

With regard to the public sector, the Committee takes note of the Government's statement that, in the civil service, since 1991 women have been taking higher responsibility. It notes, however, from the statistics of the number of administrative managers in the civil service for the period 1988 to 1993, that the proportion of women is still very low and that progress over the period was scant: in 1988, the number of women throughout all categories was 16 as opposed to 198 men, i.e. 8 per cent; and in 1993, 21 women as opposed to 193 men, i.e. only 10.8 per cent. The Committee would be grateful if, in its next report, the Government would provide information on specific measures taken to remedy the situation of women in this respect, together with recent statistics enabling it to evaluate progress made.

With regard to apprentices, the Committee notes the Government's indication that there has recently been greater interest among girls to train as apprentices in trades which are traditionally dominated by men, such as mechanical engineering, electricity, carpentry, general fitting, etc. It notes, however, from the statistics of the number of persons trained under the apprenticeship scheme for the period 1988 to 1993, that although the number of female trainee applicants and the number of trained females have more than doubled over the period, they are still low by comparison with the number of men. In 1988 there were 29 female applicants out of a total of 8,197, and nine women received training out of a total of 415 trainees, i.e. 0.3 per cent and 2 per cent respectively; and in 1992, there were 82 female candidates out of a total of 7,835, and 25 women received training out of a total of 435, i.e. 1 per cent and 5.8 per cent respectively. The Committee asks the Government to continue to provide information on the measures taken, and progress made, to encourage enterprises to employ more women either as apprentices or as entrants to the labour market, particularly in respect of the above-mentioned trades.

2. With regard to training, the Committee notes the Government's statement that it has engaged in a widespread public campaign for women to take up the challenge of national development and to take a greater interest in relevant subjects so that they may equally compete with males in trades traditionally dominated by men. It adds, however, that it will be difficult to take up this challenge, in view of traditional preferences for occupation on sex lines. The Committee asks the Government to indicate the measures taken or envisaged and the results obtained, to promote a more positive attitude to women's abilities and aspirations and to encourage them to undergo training for jobs in which men are traditionally in the majority.

The Committee notes from the statistics supplied by the Government on the number of persons in the civil service who have undergone international training during the period 1988 to 1993, that the proportion of women as opposed to men is very low in all courses, except in nursing where women are in the majority. It also notes the Government's statement that it is taking appropriate steps to compile data on employment and training disaggregated by sex. The Committee hopes that the next report will contain such data and that the Government will continue to provide information on the measures taken, and the results obtained, to increase the participation of women in training in general, and in training and retraining courses abroad.

3. With regard to placement, the Committee notes from the statistics of jobseekers supplied by the Ministry of Labour for the period 1987 to 1990, that in 1987 out of a total of 23,892 jobseekers, 1,824 were women, i.e. 7.6 per cent, and that out of 11,615 persons placed, 625 were women, i.e. 5.3 per cent. It also notes that during this period the number of female jobseekers and the number of females placed have increased steadily, rising from 1,824 in 1987 to 2,205 in 1990 as regards jobseekers, and from 625 to 946 for women who were actually placed. The Committee refers to Article 3(e) of the Convention, and asks the Government to provide detailed information on the manner in which placement services ensure the application of the policy of non-discrimination and on the means of action available to such services and their users when enterprises prefer to recruit men in certain jobs rather than women with the same or higher qualifications who meet all the other requirements for the job.

4. Please provide detailed information on the measures taken to promote the national policy on equality of opportunity and treatment in respect of employment and occupation without distinction as to political opinion, national extraction, religion and social origin, with regard to: (a) access to vocational training; (b) access to employment and to particular occupations; (c) terms and conditions of employment.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

1. Noting that Articles 2 and 3 of the Convention require the continuous application of a policy to promote equality of opportunity and treatment in employment and occupation, the Committee requests the Government to provide detailed information on the measures taken to promote equality of opportunity and treatment on the grounds of political opinion, national extraction, religion and social origin and the results achieved with regard to: (a) access to vocational training; (b) access to employment and to particular occupations; (c) terms and conditions of employment; and (d) security of employment.

2. 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:

(a) With respect to its previous comments concerning the activities of the National Commission for Women, the Committee notes with interest the participation of representatives from both the public and private sectors in the Employment Subcommittee and the recommendations of this Subcommittee concerning the promotion of women in employment in the public sector and in self-employment. The Committee requests the Government to provide information on the results of these initiatives in terms of increasing women's participation rates in the public sector and in self-management.

The Committee also notes the studies which have been recommended by the Employment Subcommittee concerning appropriate technology for food processing and rural housing, efficient use of energy such as from wood, kiosks for women vendors and development of a cooperative spirit among women such as in the raising of pigs in rural areas. The Committee would be grateful if the Government would indicate whether these studies have been undertaken and provide copies upon their completion.

The Committee would also ask the Government to continue to provide information on the activities and proposals of the National Commission of Women or its subcommittees in the field of women's employment and to report on progress achieved in this respect.

(b) The Committee notes with interest that a provision for paid maternity leave of 90 days has been incorporated in the terms and conditions of the public service and that the principle, with some modification, has been incorporated in the employment practices of various employers in the private sector. The Committee would be grateful if the Government would attach copies of the relevant public service regulations and personnel policies containing these provisions with its next report.

(c) With regard to its previous comment concerning the apprenticeship scheme, the Committee notes that more men than women are trained and gain entry to jobs through this programme because traditionally such occupations are preferred by males. In this connection, the Committee would draw the Government's attention to paragraphs 82 and 83 of its 1988 General Survey on Equality in Employment and Occupation wherein it noted that discriminatory practices in respect of access to training rarely originate in provisions or regulations that are expressly of a discriminatory nature; more commonly they arise out of practices that are based on stereotypes affecting mainly women. In view of the importance of apprenticeship the Committee stressed in its Survey that special attention ought to be given to measures for encouraging the recruitment of apprentices regardless of sex and for apprentices of one sex to be trained in occupations traditionally performed by persons of the other sex. The Committee asks the Government to provide information on any measures contemplated or taken to promote the training and recruitment of women, as well as men, in occupational areas traditionally dominated by men, including measures taken in placement services.

(d) With regard to its previous comments concerning the adoption of a policy to eliminate discrimination and promote equality, the Committee notes from the report that through the application of the Government's policy, which gives no reference to any discrimination criteria other than qualifications as regards manpower development and utilization, the number of women in vocational training institutions and paid self-employment is increasing and the terms and conditions of work are improving for women. It also notes from the Government's report that statistics on placement services and training programmes are not disaggregated according to sex. It would draw the Government's attention to the importance of collecting such statistical data in order to monitor and evaluate the implementation of policies or measures to eliminate discrimination and promote equality in accordance with the Convention. The Committee recalls its previous comments and once again underlines the need for continuous action in order to promote equality of opportunity and treatment in employment and occupation (see paragraph 240 of the 1988 General Survey on Equality in Employment and Occupation). It asks the Government to continue to provide information on the Government's policy and hopes it will be able to cite instances of progress, through the disaggregation of statistical information on the basis of sex in employment and training.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the information supplied in the report of the Government in reply to its previous direct request.

1. With respect to its previous comments concerning the activities of the National Commission for Women, the Committee notes with interest the participation of representatives from both the public and private sectors in the Employment Subcommittee and the recommendations of this Subcommittee concerning the promotion of women in employment in the public sector and in self-employment. The Committee requests the Government to provide information on the results of these initiatives in terms of increasing women's participation rates in the public sector and in self-management.

The Committee also notes the studies which have been recommended by the Employment Subcommittee concerning appropriate technology for food processing and rural housing, efficient use of energy such as from wood, kiosks for women vendors and development of a cooperative spirit among women such as in the raising of pigs in rural areas. The Committee would be grateful if the Government would indicate whether these studies have been undertaken and provide copies upon their completion.

The Committee would also ask the Government to continue to provide information on the activities and proposals of the National Commission of Women or its subcommittees in the field of women's employment and to report on progress achieved in this respect.

2. The Committee notes with interest that a provision for paid maternity leave of 90 days has been incorporated in the terms and conditions of the public service and that the principle, with some modification, has been incorporated in the employment practices of various employers in the private sector. The Committee would be grateful if the Government would attach copies of the relevant public service regulations and personnel policies containing these provisions with its next report.

3. With regard to its previous comment concerning the apprenticeship scheme, the Committee notes from the Government's report that more men than women are trained and gain entry to jobs through this programme because traditionally such occupations are preferred by males. In this connection, the Committee would draw the Government's attention to paragraphs 82 and 83 of its 1988 General Survey on Equality in Employment and Occupation wherein it noted that discriminatory practices in respect of access to training rarely originate in provisions or regulations that are expressly of a discriminatory nature; more commonly they arise out of practices that are based on stereotypes affecting mainly women. In view of the importance of apprenticeship the Committee stressed in its survey that special attention ought to be given to measures for encouraging the recruitment of apprentices regardless of sex and for apprentices of one sex to be trained in occupations traditionally performed by persons of the other sex. The Committee asks the Government to provide information on any measures contemplated or taken to promote the training and recruitment of women, as well as men, in occupational areas traditionally dominated by men, including measures taken in placement services.

4. With regard to its previous comments concerning the adoption of a policy to eliminate discrimination and promote equality, the Committee notes from the report that through the application of the Government's policy, which gives no reference to any discrimination criteria other than qualifications as regards manpower development and utilisation, the number of women in vocational training institutions and paid self-employment is increasing and the terms and conditions of work are improving for women. It also notes from the Government's report that statistics on placement services and training programmes are not disaggregated according to sex. It would draw the Government's attention to the importance of collecting such statistical data in order to monitor and evaluate the implementation of policies or measures to eliminate discrimination and promote equality in accordance with the Convention. The Committee recalls its previous comments and once again underlines the need for continuous action in order to promote equality of opportunity and treatment in employment and occupation (see paragraph 240 of the 1988 General Survey on Equality in Employment and Occupation). It asks the Government to continue to provide information on the Government's policy and hopes it will be able to cite instances of progress, through the disaggregation of statistical information on the basis of sex in employment and training.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

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:

The Committee notes the information provided by the Government in its report for the period 1 July 1986 to 30 June 1988.

1. In its 1987 direct request, the Committee noted the institution of a National Committee on Women's Employment, chaired by the Minister of Labour and including representatives of the President's Office, the Ministries of Justice, of Community Services, of Economic Planning and Development, as well as of employers' and workers' organisations and that this committee had undertaken studies on different aspects of women in society, relating to subjects such as women and employment, women and development, women in agriculture, and has undertaken a presentation of forward-looking strategies. The Committee of Experts requested the Government to provide detailed information on the activities of the National Committee on Women's Employment, including particulars on the scope of its activities, its powers, the studies undertaken, and the strategies adopted, in particular in the field of women's employment, as well as on the progress already made.

The Committee notes from the Government's most recent report that there is established within the National Commission for Women, an employment subcommittee whose responsibility is to explore ways and means of creating employment opportunities for women in both the public and private sectors in various occupations and that the committee has so far made a number of recommendations to the Government, such as the extension of paid maternity leave up to 90 days and adoption of certain technologies to be employed by women in food processing.

The Committee requests the Government to provide detailed information on the activities of the National Commission for Women and its employment subcommittee, including particulars on the scope of their activities, their powers, studies undertaken by them and their strategies, in particular in the field of women's employment. The Committee also asks for particulars on progress already made by these committees including, as regards the employment subcommittee, the recommendations made to the Government proposing extension of paid maternity leave up to 90 days and adoption of certain technologies to be employed by women in food processing.

2. The Committee notes that the Government's indication that it operates, through the Ministry of Labour, an apprenticeship scheme where both employers' and workers' organisations are represented and that the Government has established a free placement service and a number of vocational training institutions accessible to any jobseeker or trainee in various occupational levels without any discrimination.

The Committee asks the Government to provide more detailed information on the operations and activities of the apprenticeship scheme, placement service and vocational training institutions, including those economic and geographic sectors served by these services and statistics describing characteristics (sex, race, religion, etc.) of users of the services, and, in particular, what measures have been taken to prevent discrimination on the basis of sex, religion, political opinions, national extraction or social origin, among users of these services and what measures have been taken to promote equality of opportunity to users of these services without discrimination on the bases mentioned above.

3. The Committee refers to paragraphs 15 and 240 of its 1988 General Survey on Equality of Opportunity in Employment, where it pointed out the positive and continuous nature of the measures to be taken in pursuance of the national policy under Articles 2 and 3 of the Convention and the need for detailed information on the various aspects of this continuous action. The Committee requests again the Government to supply in its next report information on all steps taken for the effective promotion of equality of opportunity and treatment irrespective of sex, religion, political opinion, national extraction or social origin and on the results secured with regard to:

(a) access to vocational training;

(b) access to employment and to particular occupations;

(c) terms and conditions of employment.

In this connection, the Government is more particularly requested to indicate the measures taken to promote equality of opportunity and treatment:

(i) in employment, vocational training and occupational guidance under a national authority;

(ii) through legislation and educational programmes;

(iii) in co-operation with employers' and workers' organisations and other appropriate bodies.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee notes the information provided by the Government in its report for the period 1 July 1986 to 30 June 1988.

1. In its 1987 direct request, the Committee noted the institution of a National Committee on Women's Employment, chaired by the Minister of Labour and including representatives of the President's Office, the Ministries of Justice, of Community Services, of Economic Planning and Development, as well as of employers' and workers' organisations and that this committee had undertaken studies on different aspects of women in society, relating to subjects such as women and employment, women and development, women in agriculture, and has undertaken a presentation of forward-looking strategies. The Committee of Experts requested the Government to provide detailed information on the activities of the National Committee on Women's Employment, including particulars on the scope of its activities, its powers, the studies undertaken, and the strategies adopted, in particular in the field of women's employment, as well as on the progress already made.

The Committee notes from the Government's most recent report that there is established within the National Commission for Women, an employment subcommittee whose responsibility is to explore ways and means of creating employment opportunities for women in both the public and private sectors in various occupations and that the committee has so far made a number of recommendations to the Government, such as the extension of paid maternity leave up to 90 days and adoption of certain technologies to be employed by women in food processing.

The Committee requests the Government to provide detailed information on the activities of the National Commission for Women and its employment subcommittee, including particulars on the scope of their activities, their powers, studies undertaken by them and their strategies, in particular in the field of women's employment. The Committee also asks for particulars on progress already made by these committees including, as regards the employment subcommittee, the recommendations made to the Government proposing extension of paid maternity leave up to 90 days and adoption of certain technologies to be employed by women in food processing.

2. The Committee notes that the Government's indication that it operates, through the Ministry of Labour, an apprenticeship scheme where both employers' and workers' organisations are represented and that the Government has established a free placement service and a number of vocational training institutions accessible to any jobseeker or trainee in various occupational levels without any discrimination.

The Committee asks the Government to provide more detailed information on the operations and activities of the apprenticeship scheme, placement service and vocational training institutions, including those economic and geographic sectors served by these services and statistics describing characteristics (sex, race, religion, etc.) of users of the services, and, in particular, what measures have been taken to prevent discrimination on the basis of sex, religion, political opinions, national extraction or social origin, among users of these services and what measures have been taken to promote equality of opportunity to users of these services without discrimination on the bases mentioned above.

3. The Committee refers to paragraphs 15 and 240 of its 1988 General Survey on Equality of Opportunity in Employment, where it pointed out the positive and continuous nature of the measures to be taken in pursuance of the national policy under Articles 2 and 3 of the Convention and the need for detailed information on the various aspects of this continuous action. The Committee requests again the Government to supply in its next report information on all steps taken for the effective promotion of equality of opportunity and treatment irrespective of sex, religion, political opinion, national extraction or social origin and on the results secured with regard to:

(a)access to vocational training;

(b)access to employment and to particular occupations;

(c)terms and conditions of employment.

In this connection, the Government is more particularly requested to indicate the measures taken to promote equality of opportunity and treatment:

(i)in employment, vocational training and occupational guidance under a national authority;

(ii)through legislation and educational programmes;

(iii)in co-operation with employers' and workers' organisations and other appropriate bodies.