Abolition of Forced Labour Convention, 1957 (No. 105) - Malawi (Ratification: 1999)

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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

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 initially made in 2015.

Repetition

Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for the expression of views opposed to the established political, social or economic system. 1. In its earlier comments, the Committee noted that sentences of imprisonment (which involve compulsory prison labour under section 75 of the Prisons Act, Cap. 9:02) may be imposed under sections 47 and 48 of the Penal Code on any person who imports, publishes, sells, offers for sale, distributes or reproduces any publication prohibited under section 46 of the Act, or has such publication in his possession, or fails to deliver such publication to an administrative officer or police station.

The Committee recalled that Article 1(a) of the Convention prohibits the use of forced or compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. It drew the Government’s attention to the explanations contained in paragraph 154 of its General Survey of 2007 on the eradication of forced labour, where it observed that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence, or engage in preparatory acts aimed at violence; but sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the expression of views or of opposition to the established political, social or economic system, whether such prohibition is imposed by law or by a discretionary administrative decision. The Committee expressed the firm hope that the national legislation would be brought into conformity with the Convention.

The Committee notes with interest that section 46 of the Penal Code was repealed by Parliament on 30 May 2012, signed by the President on 12 July 2012 and gazetted on 27 July 2012. The Committee also duly notes the Government’s statement in its report that sections 47 and 48 of the Penal Code were repealed in 2012.

2. Furthermore, the Committee previously noted that sentences of imprisonment (involving compulsory labour) may be imposed under sections 65 and 66 of the Penal Code on any person who manages, or is a member of, an unlawful society, the latter may be defined as a society “disturbing or inciting to the disturbance of peace and order in any part of the Republic” (section 64(2)(g) of the Penal Code). The Committee pointed out, referring also to paragraph 163 of its General Survey of 2007 on the eradication of forced labour, that prohibitions enforced by penalties involving compulsory labour which affect the Constitution or functioning of associations either generally or where they advocate certain political or ideological views are incompatible with the Convention. It requested the Government to provide information on the application of sections 65 and 66 in practice. The Committee notes the Government’s indication in its report that it has taken note of the concerns raised by the Committee regarding the observance of the Convention and that it will respond accordingly. Pending the adoption of measures to bring its legislation into conformity with the Convention, the Committee requests the Government once again to provide information on the application of sections 64(2)(g), 65 and 66 in practice, indicating the number of prosecutions made under these provisions and the penalties imposed.

Communication of texts. The Committee once again requests the Government to provide copies of the revised Prisons Act, the Malawi Public Service Regulations and the Preservation of Public Security Act and Regulations.

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

Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for the expression of views opposed to the established political, social or economic system. 1. In its earlier comments, the Committee noted that sentences of imprisonment (which involve compulsory prison labour under section 75 of the Prisons Act, Cap. 9:02) may be imposed under sections 47 and 48 of the Penal Code on any person who imports, publishes, sells, offers for sale, distributes or reproduces any publication prohibited under section 46 of the Act, or has such publication in his possession, or fails to deliver such publication to an administrative officer or police station.

The Committee recalled that Article 1(a) of the Convention prohibits the use of forced or compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. It drew the Government’s attention to the explanations contained in paragraph 154 of its General Survey of 2007 on the eradication of forced labour, where it observed that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence, or engage in preparatory acts aimed at violence; but sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the expression of views or of opposition to the established political, social or economic system, whether such prohibition is imposed by law or by a discretionary administrative decision. The Committee expressed the firm hope that the national legislation would be brought into conformity with the Convention.

The Committee notes with interest that section 46 of the Penal Code was repealed by Parliament on 30 May 2012, signed by the President on 12 July 2012 and gazetted on 27 July 2012. The Committee also duly notes the Government’s statement in its report that sections 47 and 48 of the Penal Code were repealed in 2012.

2. Furthermore, the Committee previously noted that sentences of imprisonment (involving compulsory labour) may be imposed under sections 65 and 66 of the Penal Code on any person who manages, or is a member of, an unlawful society, the latter may be defined as a society “disturbing or inciting to the disturbance of peace and order in any part of the Republic” (section 64(2)(g) of the Penal Code). The Committee pointed out, referring also to paragraph 163 of its General Survey of 2007 on the eradication of forced labour, that prohibitions enforced by penalties involving compulsory labour which affect the Constitution or functioning of associations either generally or where they advocate certain political or ideological views are incompatible with the Convention. It requested the Government to provide information on the application of sections 65 and 66 in practice. The Committee notes the Government’s indication in its report that it has taken note of the concerns raised by the Committee regarding the observance of the Convention and that it will respond accordingly. Pending the adoption of measures to bring its legislation into conformity with the Convention, the Committee requests the Government once again to provide information on the application of sections 64(2)(g), 65 and 66 in practice, indicating the number of prosecutions made under these provisions and the penalties imposed.

Communication of texts. The Committee once again requests the Government to provide copies of the revised Prisons Act, the Malawi Public Service Regulations and the Preservation of Public Security Act and Regulations.

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

The Committee notes with regret 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 comments.

Repetition

Communication of texts. The Committee notes the Government’s indication that the Malawi Public Service Regulations is under review and hopes that a copy of the revised text of the Regulations will be communicated by the Government, as soon as it becomes available. As regards the revision of the Prisons Act, the Committee reiterates its hope that the Government will supply a copy of the revised Act, as soon as it is adopted. The Committee also repeats its request for the latest updated text of the Preservation of Public Security Act and Regulations (as well as any other provisions governing public assemblies, meetings and gatherings).

Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for the expression of views opposed to the established political, social or economic system. In its earlier comments, the Committee noted that sentences of imprisonment (which involve compulsory prison labour under section 75 of the Prisons Act, Cap. 9:02) may be imposed under sections 47 and 48 of the Penal Code on any person who imports, publishes, sells, offers for sale, distributes or reproduces any publication prohibited under section 46 of the Act, or has such publication in his possession, or fails to deliver such publication to an administrative officer or police station.

The Committee recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. It draws the Government’s attention to the explanations contained in paragraph 154 of its General Survey of 2007 on the eradication of forced labour, where it observed that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence, or engage in preparatory acts aimed at violence; but sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the expression of views or of opposition to the established political, social or economic system, whether such prohibition is imposed by law or by a discretionary administrative decision.

The Committee notes the Government’s statement that all prosecutions under sections 47 and 48 of the Penal Code have been made in conformity with the Constitution of Malawi, which protects the rights of the citizens of the country.

While noting this statement, the Committee expresses the firm hope that the necessary measures will be taken to bring sections 47 and 48 of the Penal Code into conformity with the Convention. Pending the adoption of such measures, the Committee requests the Government once again to provide, in its next report, information on the application of these provisions in practice, indicating the number of prosecutions made under these provisions and the penalties imposed.

The Committee previously noted that sentences of imprisonment (involving compulsory labour) may be imposed under sections 65 and 66 of the Penal Code on any person who manages, or is a member of, an unlawful society, the latter may be defined as a society “disturbing or inciting to the disturbance of peace and order in any part of the Republic” (section 64(2)(g) of the Penal Code). The Committee pointed out, referring also to paragraph 163 of its General Survey of 2007 on the eradication of forced labour, that prohibitions enforced by penalties involving compulsory labour which affect the Constitution or functioning of associations either generally or where they advocate certain political or ideological views are incompatible with the Convention. It requested the Government to provide information on the application of sections 65 and 66 in practice.

Noting that the Government’s report contains no information on this issue, the Committee requests the Government once again to provide, in its next report, information on the application of sections 65 and 66 in practice, supplying copies of the relevant court decisions defining or illustrating their scope, so as to enable the Committee to ascertain whether they are applied in a manner compatible with the Convention. Having also noted the Government’s repeated statement concerning the need to consult the relevant departments in order to provide meaningful answers to the queries raised, the Committee reiterates its hope that the Government will not fail to provide the information requested in its next report.

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

The Committee notes with regret 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

Communication of texts. The Committee notes the Government’s indication that the Malawi Public Service Regulations is under review and hopes that a copy of the revised text of the Regulations will be communicated by the Government, as soon as it becomes available. As regards the revision of the Prisons Act, the Committee reiterates its hope that the Government will supply a copy of the revised Act, as soon as it is adopted. The Committee also repeats its request for copies of the laws governing the press and other media and the latest updated text of the Preservation of Public Security Act and Regulations (as well as any other provisions governing public assemblies, meetings and gatherings).

Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for the expression of views opposed to the established political, social or economic system. In its earlier comments, the Committee noted that sentences of imprisonment (which involve compulsory prison labour under section 75 of the Prisons Act, Cap. 9:02) may be imposed under sections 47 and 48 of the Penal Code on any person who imports, publishes, sells, offers for sale, distributes or reproduces any publication prohibited under section 46 of the Act, or has such publication in his possession, or fails to deliver such publication to an administrative officer or police station.

The Committee recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. It draws the Government’s attention to the explanations contained in paragraph 154 of its General Survey of 2007 on the eradication of forced labour, where it observed that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence, or engage in preparatory acts aimed at violence; but sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the expression of views or of opposition to the established political, social or economic system, whether such prohibition is imposed by law or by a discretionary administrative decision.

The Committee notes the Government’s statement that all prosecutions under sections 47 and 48 of the Penal Code have been made in conformity with the Constitution of Malawi, which protects the rights of the citizens of the country.

While noting this statement, the Committee expresses the firm hope that the necessary measures will be taken to bring sections 47 and 48 of the Penal Code into conformity with the Convention. Pending the adoption of such measures, the Committee requests the Government once again to provide, in its next report, information on the application of these provisions in practice, indicating the number of prosecutions made under these provisions and the penalties imposed.

The Committee previously noted that sentences of imprisonment (involving compulsory labour) may be imposed under sections 65 and 66 of the Penal Code on any person who manages, or is a member of, an unlawful society, the latter may be defined as a society “disturbing or inciting to the disturbance of peace and order in any part of the Republic” (section 64(2)(g) of the Penal Code). The Committee pointed out, referring also to paragraph 163 of its General Survey of 2007 on the eradication of forced labour, that prohibitions enforced by penalties involving compulsory labour which affect the Constitution or functioning of associations either generally or where they advocate certain political or ideological views are incompatible with the Convention. It requested the Government to provide information on the application of sections 65 and 66 in practice.

Noting that the Government’s report contains no information on this issue, the Committee requests the Government once again to provide, in its next report, information on the application of sections 65 and 66 in practice, supplying copies of the relevant court decisions defining or illustrating their scope, so as to enable the Committee to ascertain whether they are applied in a manner compatible with the Convention. Having also noted the Government’s repeated statement concerning the need to consult the relevant departments in order to provide meaningful answers to the queries raised, the Committee reiterates its hope that the Government will not fail to provide the information requested in its next report.

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

The Committee notes with regret 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

Communication of texts. The Committee notes the Government’s indication that the Malawi Public Service Regulations is under review and hopes that a copy of the revised text of the Regulations will be communicated by the Government, as soon as it becomes available. As regards the revision of the Prisons Act, the Committee reiterates its hope that the Government will supply a copy of the revised Act, as soon as it is adopted. The Committee also repeats its request for copies of the laws governing the press and other media and the latest updated text of the Preservation of Public Security Act and Regulations (as well as any other provisions governing public assemblies, meetings and gatherings).

Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for the expression of views opposed to the established political, social or economic system. In its earlier comments, the Committee noted that sentences of imprisonment (which involve compulsory prison labour under section 75 of the Prisons Act, Cap. 9:02) may be imposed under sections 47 and 48 of the Penal Code on any person who imports, publishes, sells, offers for sale, distributes or reproduces any publication prohibited under section 46 of the Act, or has such publication in his possession, or fails to deliver such publication to an administrative officer or police station.

The Committee recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. It draws the Government’s attention to the explanations contained in paragraph 154 of its General Survey of 2007 on the eradication of forced labour, where it observed that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence, or engage in preparatory acts aimed at violence; but sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the expression of views or of opposition to the established political, social or economic system, whether such prohibition is imposed by law or by a discretionary administrative decision.

The Committee notes the Government’s statement that all prosecutions under sections 47 and 48 of the Penal Code have been made in conformity with the Constitution of Malawi, which protects the rights of the citizens of the country.

While noting this statement, the Committee expresses the firm hope that the necessary measures will be taken to bring sections 47 and 48 of the Penal Code into conformity with the Convention. Pending the adoption of such measures, the Committee requests the Government once again to provide, in its next report, information on the application of these provisions in practice, indicating the number of prosecutions made under these provisions and the penalties imposed.

The Committee previously noted that sentences of imprisonment (involving compulsory labour) may be imposed under sections 65 and 66 of the Penal Code on any person who manages, or is a member of, an unlawful society, the latter may be defined as a society “disturbing or inciting to the disturbance of peace and order in any part of the Republic” (section 64(2)(g) of the Penal Code). The Committee pointed out, referring also to paragraph 163 of its General Survey of 2007 on the eradication of forced labour, that prohibitions enforced by penalties involving compulsory labour which affect the Constitution or functioning of associations either generally or where they advocate certain political or ideological views are incompatible with the Convention. It requested the Government to provide information on the application of sections 65 and 66 in practice.

Noting that the Government’s report contains no information on this issue, the Committee requests the Government once again to provide, in its next report, information on the application of sections 65 and 66 in practice, supplying copies of the relevant court decisions defining or illustrating their scope, so as to enable the Committee to ascertain whether they are applied in a manner compatible with the Convention. Having also noted the Government’s repeated statement concerning the need to consult the relevant departments in order to provide meaningful answers to the queries raised, the Committee reiterates its hope that the Government will not fail to provide the information requested in its next report.

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

The Committee notes that the Government’s report contains no reply to 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:

Repetition

Communication of texts. The Committee notes the Government’s indication that the Malawi Public Service Regulations is under review and hopes that a copy of the revised text of the Regulations will be communicated by the Government, as soon as it becomes available. As regards the revision of the Prisons Act, the Committee reiterates its hope that the Government will supply a copy of the revised Act, as soon as it is adopted. The Committee also repeats its request for copies of the laws governing the press and other media and the latest updated text of the Preservation of Public Security Act and Regulations (as well as any other provisions governing public assemblies, meetings and gatherings).

Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for the expression of views opposed to the established political, social or economic system. In its earlier comments, the Committee noted that sentences of imprisonment (which involve compulsory prison labour under section 75 of the Prisons Act, Cap. 9:02) may be imposed under sections 47 and 48 of the Penal Code on any person who imports, publishes, sells, offers for sale, distributes or reproduces any publication prohibited under section 46 of the Act, or has such publication in his possession, or fails to deliver such publication to an administrative officer or police station.

The Committee recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. It draws the Government’s attention to the explanations contained in paragraph 154 of its General Survey of 2007 on the eradication of forced labour, where it observed that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence, or engage in preparatory acts aimed at violence; but sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the expression of views or of opposition to the established political, social or economic system, whether such prohibition is imposed by law or by a discretionary administrative decision.

The Committee notes the Government’s statement that all prosecutions under sections 47 and 48 of the Penal Code have been made in conformity with the Constitution of Malawi, which protects the rights of the citizens of the country.

While noting this statement, the Committee expresses the firm hope that the necessary measures will be taken to bring sections 47 and 48 of the Penal Code into conformity with the Convention. Pending the adoption of such measures, the Committee requests the Government once again to provide, in its next report, information on the application of these provisions in practice, indicating the number of prosecutions made under these provisions and the penalties imposed.

The Committee previously noted that sentences of imprisonment (involving compulsory labour) may be imposed under sections 65 and 66 of the Penal Code on any person who manages, or is a member of, an unlawful society, the latter may be defined as a society “disturbing or inciting to the disturbance of peace and order in any part of the Republic” (section 64(2)(g) of the Penal Code). The Committee pointed out, referring also to paragraph 163 of its General Survey of 2007 on the eradication of forced labour, that prohibitions enforced by penalties involving compulsory labour which affect the Constitution or functioning of associations either generally or where they advocate certain political or ideological views are incompatible with the Convention. It requested the Government to provide information on the application of sections 65 and 66 in practice.

Noting that the Government’s report contains no information on this issue, the Committee requests the Government once again to provide, in its next report, information on the application of sections 65 and 66 in practice, supplying copies of the relevant court decisions defining or illustrating their scope, so as to enable the Committee to ascertain whether they are applied in a manner compatible with the Convention. Having also noted the Government’s repeated statement concerning the need to consult the relevant departments in order to provide meaningful answers to the queries raised, the Committee reiterates its hope that the Government will not fail to provide the information requested in its next report.

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

Communication of texts. The Committee notes the Government’s indication that the Malawi Public Service Regulations is under review and hopes that a copy of the revised text of the Regulations will be communicated by the Government, as soon as it becomes available. As regards the revision of the Prisons Act, the Committee reiterates its hope that the Government will supply a copy of the revised Act, as soon as it is adopted. The Committee also repeats its request for copies of the laws governing the press and other media and the latest updated text of the Preservation of Public Security Act and Regulations (as well as any other provisions governing public assemblies, meetings and gatherings).

Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for the expression of views opposed to the established political, social or economic system. In its earlier comments, the Committee noted that sentences of imprisonment (which involve compulsory prison labour under section 75 of the Prisons Act, Cap. 9:02) may be imposed under sections 47 and 48 of the Penal Code on any person who imports, publishes, sells, offers for sale, distributes or reproduces any publication prohibited under section 46 of the Act, or has such publication in his possession, or fails to deliver such publication to an administrative officer or police station.

The Committee recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. It draws the Government’s attention to the explanations contained in paragraph 154 of its General Survey of 2007 on the eradication of forced labour, where it observed that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence, or engage in preparatory acts aimed at violence; but sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the expression of views or of opposition to the established political, social or economic system, whether such prohibition is imposed by law or by a discretionary administrative decision.

The Committee notes the Government’s statement in the report that all prosecutions under sections 47 and 48 of the Penal Code have been made in conformity with the Constitution of Malawi, which protects the rights of the citizens of the country.

While noting this statement, the Committee expresses the firm hope that the necessary measures will be taken to bring sections 47 and 48 of the Penal Code into conformity with the Convention. Pending the adoption of such measures, the Committee requests the Government once again to provide, in its next report, information on the application of these provisions in practice, indicating the number of prosecutions made under these provisions and the penalties imposed.

The Committee previously noted that sentences of imprisonment (involving compulsory labour) may be imposed under sections 65 and 66 of the Penal Code on any person who manages, or is a member of, an unlawful society, the latter may be defined as a society “disturbing or inciting to the disturbance of peace and order in any part of the Republic” (section 64(2)(g) of the Penal Code). The Committee pointed out, referring also to paragraph 163 of its General Survey of 2007 on the eradication of forced labour, that prohibitions enforced by penalties involving compulsory labour which affect the Constitution or functioning of associations either generally or where they advocate certain political or ideological views are incompatible with the Convention. It requested the Government to provide information on the application of sections 65 and 66 in practice.

Noting that the Government’s report contains no information on this issue, the Committee requests the Government once again to provide, in its next report, information on the application of sections 65 and 66 in practice, supplying copies of the relevant court decisions defining or illustrating their scope, so as to enable the Committee to ascertain whether they are applied in a manner compatible with the Convention. Having also noted the Government’s repeated statement concerning the need to consult the relevant departments in order to provide meaningful answers to the queries raised, the Committee reiterates its hope that the Government will not fail to provide the information requested in its next report.

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

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

Communication of texts. The Committee previously noted the Government’s indication in its report concerning the revision of the Prisons Act and reiterates its hope that the Government will supply a copy of the revised Act, as soon as it is adopted. The Committee also noted that disciplinary provisions applicable to public officers are contained in the Malawi Public Service Commission Regulations of 1989 and again requests the Government to supply a copy with its next report. It also repeats its request for copies of the laws governing the press and other media and the latest updated text of the Preservation of Public Security Act and Regulations (as well as any other provisions governing public assemblies, meetings and gatherings).

Article 1, subparagraph a, of the Convention. Sanctions involving compulsory labour as a punishment for the expression of views opposed to the established political, social or economic system. 1. The Committee previously noted that sentences of imprisonment (which involve compulsory prison labour under section 75 of the Prisons Act, Cap. 9:02) may be imposed under sections 47 and 48 of the Penal Code on any person who imports, publishes, sells, offers for sale, distributes or reproduces any publication prohibited under section 46 of the Act, or has such publication in his possession, or fails to deliver such publication to administrative officer or police station.

The Committee recalled that Article 1(a) of the Convention prohibits the use of forced or compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. It also referred in this connection to paragraph 154 of its General Survey of 2007 on the eradication of forced labour, where it observed that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence; but sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the expression of views or of opposition to the established political, social or economic system, whether such prohibition is imposed by law or by a discretionary administrative decision.

Noting the Government’s commitment expressed in the report to ensure the observance of the Convention, the Committee reiterates its hope that the necessary measures will be taken to bring sections 47 and 48 of the Penal Code into conformity with the Convention. Pending the adoption of such measures, the Committee again requests the Government to provide, in its next report, information on the application of these provisions in practice, indicating the number of prosecutions made under these provisions and the penalties imposed.

2. The Committee previously noted that sentences of imprisonment (involving compulsory labour) may be imposed under sections 65 and 66 of the Penal Code on any person who manages, or is a member of, an unlawful society, the latter may be defined as a society “disturbing or inciting to the disturbance of peace and order in any part of the Republic” (section 64(2)(g) of the Penal Code). In the light of the above considerations, and referring also to paragraph 163 of its General Survey of 2007 on the eradication of forced labour, where it pointed out that prohibitions enforced by penalties involving compulsory labour which affect the constitution or functioning of associations either generally or where they advocate certain political or ideological views are incompatible with the Convention, the Committee again requests the Government to provide information on the application of sections 65 and 66 in practice, supplying copies of the relevant court decisions defining or illustrating their scope, so as to enable the Committee to ascertain whether they are applied in a manner compatible with the Convention. Having duly noted the Government’s statement in its report concerning technical difficulties in obtaining such information, including the need to consult the relevant departments in order to provide meaningful answers to the queries raised, the Committee nevertheless expresses the hope that the Government will not fail to provide the information requested in its next report.

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

Communication of texts. The Committee previously noted the Government’s indication in its report concerning the revision of the Prisons Act and reiterates its hope that the Government will supply a copy of the revised Act, as soon as it is adopted. The Committee also noted that disciplinary provisions applicable to public officers are contained in the Malawi Public Service Commission Regulations of 1989 and again requests the Government to supply a copy with its next report. It also repeats its request for copies of the laws governing the press and other media and the latest updated text of the Preservation of Public Security Act and Regulations (as well as any other provisions governing public assemblies, meetings and gatherings).

Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for the expression of views opposed to the established political, social or economic system. 1. The Committee previously noted that sentences of imprisonment (which involve compulsory prison labour under section 75 of the Prisons Act, Cap. 9:02) may be imposed under sections 47 and 48 of the Penal Code on any person who imports, publishes, sells, offers for sale, distributes or reproduces any publication prohibited under section 46 of the Act, or has such publication in his possession, or fails to deliver such publication to administrative officer or police station.

The Committee recalled that Article 1(a) of the Convention prohibits the use of forced or compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. It also referred in this connection to paragraph 154 of its General Survey of 2007 on the eradication of forced labour, where it observed that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence; but sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the expression of views or of opposition to the established political, social or economic system, whether such prohibition is imposed by law or by a discretionary administrative decision.

Noting the Government’s commitment expressed in the report to ensure the observance of the Convention, the Committee reiterates its hope that the necessary measures will be taken to bring sections 47 and 48 of the Penal Code into conformity with the Convention. Pending the adoption of such measures, the Committee again requests the Government to provide, in its next report, information on the application of these provisions in practice, indicating the number of prosecutions made under these provisions and the penalties imposed.

2. The Committee previously noted that sentences of imprisonment (involving compulsory labour) may be imposed under sections 65 and 66 of the Penal Code on any person who manages, or is a member of, an unlawful society, the latter may be defined as a society “disturbing or inciting to the disturbance of peace and order in any part of the Republic” (section 64(2)(g) of the Penal Code). In the light of the above considerations, and referring also to paragraph 163 of its General Survey of 2007 on the eradication of forced labour, where it pointed out that prohibitions enforced by penalties involving compulsory labour which affect the constitution or functioning of associations either generally or where they advocate certain political or ideological views are incompatible with the Convention, the Committee again requests the Government to provide information on the application of sections 65 and 66 in practice, supplying copies of the relevant court decisions defining or illustrating their scope, so as to enable the Committee to ascertain whether they are applied in a manner compatible with the Convention. Having duly noted the Government’s statement in its report concerning technical difficulties in obtaining such information, including the need to consult the relevant departments in order to provide meaningful answers to the queries raised, the Committee nevertheless expresses the hope that the Government will not fail to provide the information requested in its next report.

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

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

The Committee has noted the Government’s indications in its latest report concerning the revision of the Prisons Act and hopes that the Government will supply a copy of the revised Act, as soon as it is adopted. The Committee also notes that disciplinary provisions applicable to public officers are contained in the Malawi Public Service Commission Regulations of 1989 and requests the Government to supply a copy with its next report. It also repeats its request for copies of the laws governing the press and other media and the latest updated text of the Preservation of Public Security Act and Regulations (as well as any other provisions governing public assemblies, meetings and gatherings).

Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for the expression of views opposed to the established political, social or economic system. 1. The Committee notes that sentences of imprisonment (which involve compulsory prison labour under section 75 of the Prisons Act, Cap. 9:02) may be imposed under sections 47 and 48 of the Penal Code on any person who imports, publishes, sells, offers for sale, distributes or reproduces any publication prohibited under section 46 of the Act, or has such publication in his possession, or fails to deliver such publication to administrative officer or police station.

The Committee recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. It refers in this connection to paragraph 154 of its 2007 General Survey on the eradication of forced labour, where it observed that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence; but sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the expression of views or of opposition to the established political, social or economic system, whether such prohibition is imposed by law or by a discretionary administrative decision.

The Committee therefore hopes that the necessary measures will be taken to bring sections 47 and 48 of the Penal Code into conformity with the Convention. Pending the adoption of such measures, the Committee requests the Government to provide, in its next report, information on the application of these provisions in practice, indicating the number of prosecutions made under these provisions and the penalties imposed.

2. The Committee notes that sentences of imprisonment (involving compulsory labour) may be imposed under sections 65 and 66 of the Penal Code on any person who manages, or is a member of, an unlawful society, the latter may be defined as a society “disturbing or inciting to the disturbance of peace and order in any part of the Republic” (section 64(2)(g) of the Penal Code). In the light of the above considerations, and referring also to paragraph 163 of its 2007 General Survey on the eradication of forced labour, where it pointed out that prohibitions enforced by penalties involving compulsory labour which affect the constitution or functioning of associations either generally or where they advocate certain political or ideological views are incompatible with the Convention, the Committee requests the Government to provide information on the application of sections 65 and 66 in practice, supplying copies of the relevant court decisions defining or illustrating their scope, so as to enable the Committee to ascertain whether they are applied in a manner compatible with the Convention.

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

The Committee has noted the Government’s reply to its earlier comments. It notes the Government’s indications in the report concerning the revision of the Prisons Act and hopes that the Government will supply a copy of the revised Act, as soon as it is adopted. The Committee also notes that disciplinary provisions applicable to public officers are contained in the Malawi Public Service Commission Regulations of 1989 and requests the Government to supply a copy with its next report. It also repeats its request for copies of the laws governing the press and other media and the latest updated text of the Preservation of Public Security Act and Regulations (as well as any other provisions governing public assemblies, meetings and gatherings).

Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for the expression of views opposed to the established political, social or economic system. 1. The Committee notes that sentences of imprisonment (which involve compulsory prison labour under section 75 of the Prisons Act, Cap. 9:02) may be imposed under sections 47 and 48 of the Penal Code on any person who imports, publishes, sells, offers for sale, distributes or reproduces any publication prohibited under section 46 of the Act, or has such publication in his possession, or fails to deliver such publication to administrative officer or police station.

The Committee recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. It refers in this connection to paragraphs 133-140 of its General Survey of 1979 on the abolition of forced labour, where it observed that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence; but sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the expression of views or of opposition to the established political, social or economic system, whether such prohibition is imposed by law or by a discretionary administrative decision.

The Committee therefore hopes that the necessary measures will be taken to bring sections 47 and 48 of the Penal Code into conformity with the Convention. Pending the adoption of such measures, the Committee requests the Government to provide, in its next report, information on the application of these provisions in practice, indicating the number of prosecutions made under these provisions and the penalties imposed.

2. The Committee notes that sentences of imprisonment (involving compulsory labour) may be imposed under sections 65 and 66 of the Penal Code on any person who manages, or is a member of, an unlawful society, the latter may be defined as a society "disturbing or inciting to the disturbance of peace and order in any part of the Republic" (section 64(2)(g) of the Penal Code). In the light of the above considerations, and referring also to paragraph 140 of its General Survey of 1979 on the abolition of forced labour, where it pointed out that prohibitions enforced by penalties involving compulsory labour which affect the constitution or functioning of associations either generally or where they advocate certain political or ideological views are incompatible with the Convention, the Committee requests the Government to provide information on the application of sections 65 and 66 in practice, supplying copies of the relevant court decisions defining or illustrating their scope, so as to enable the Committee to ascertain whether they are applied in a manner compatible with the Convention.

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

The Committee notes that no report has been received from the Government. 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 following matters raised in its previous direct request.

1. The Committee would be grateful if the Government would supply, with its next report, copies of the following legislation: the latest updated and consolidated text of the Penal Code and Prison Regulations (as well as any other provisions governing prison labour); the laws governing the press and other media; the latest updated text of the Preservation of Public Security Act and Regulations as well as any other provisions governing public assemblies, meetings and gatherings); Regulations governing the terms and conditions of service of public officers, including disciplinary provisions applicable to public officers, as referred to in section 30 of the Public Service Act, 1994.

2. The Committee has noted the comments on the application of the forced labour Conventions by Malawi submitted by the International Confederation of Free Trade Unions (ICFTU) in a communication dated 6 February 2002. The Committee is referring to these comments in its request addressed directly to the Government under Convention No. 29.

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

1. The Committee has noted with interest the detailed information provided by the Government in its first report on the application of the Convention. It would be grateful if the Government would supply, with its next report, copies of the following legislation: the latest updated and consolidated text of the Penal Code and Prison Regulations (as well as any other provisions governing prison labour); the laws governing the press and other media; the latest updated text of the Preservation of Public Security Act and Regulations as well as any other provisions governing public assemblies, meetings and gatherings); Regulations governing the terms and conditions of service of public officers, including disciplinary provisions applicable to public officers, as referred to in section 30 of the Public Service Act, 1994.

2. The Committee has noted the comments on the application of the forced labour Conventions by Malawi submitted by the International Confederation of Free Trade Unions (ICFTU) in a communication dated 6 February 2002. The Committee is referring to these comments in its request addressed directly to the Government under Convention No. 29.