Migration for Employment Convention (Revised), 1949 (No. 97) - Malawi (Ratification: 1965)

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

Previous comment

Statistical data on migration flows. The Committee notes the indications in the Government’s report that: (1) from January, 2022 to July 2023, a total of 2,656 temporary employment permits were provided to migrant workers from various countries; and (2) in the absence of Labour Export Regulations, it is currently a challenge to get accurate statistical data disaggregated by sex on the number of migrant workers in Malawi and the number of workers from Malawi seeking employment abroad. Recalling that data on migration flows is crucial to assess the application of the Convention, the Committee requests the Government to provide information on the measures taken or envisaged to create the conditions to collect and compile such data, including through the future Labour Export Regulations, and hopes that it will soon be in a position to communicate them.

Article 1(a) of the Convention. Information on national policies, laws and regulations on migration. The Committee notes the adoption of the 2017-2022 National Plan of Action against Trafficking in Persons. It further notes from the Government’s report that: (1) it has made progress in developing a Migration Policy, which is currently awaiting Cabinet approval; and (2) it is developing Labour Export Regulations in line with the Employment Act, 2000, with the assistance of the International Organization for Migration (IOM) to enhance fair and ethical recruitment of Malawian migrant workers travelling abroad for employment. The Committee hopes that the Government will adopt the Migration Policy and the Labour Export Regulations in the near future and requests information on the progress made towards their adoption. The Government is also requested to indicate how this policy and the regulations give effect to the provisions of the Convention and to provide a copy of these documents once they are approved and published.

Articles 1(c) and 10. Bilateral agreements and special arrangements. The Committee notes that: (1) in November 2022, the Government chaired the Migration Dialogue for Southern Africa (MIDSA) with the support of the IOM, which focused on “Strengthening Migration Management in Southern Africa through Scaling-up Interventions that Facilitate Safe, Orderly and Regular Migration in Southern Africa”; and (2) Malawi is also a member of the Migration Dialogue from the Common Market for Eastern and Southern Africa Member States (MIDCOM). It further notes that the Government indicates that it will avail itself of ILO technical cooperation to intensify the conclusion of bilateral labour agreements with destination countries. The Committee requests the Government to continue to provide information on the nature of any collaboration with other governments, specifically on the conclusion of agreements and special arrangements concerning migration for employment and the conditions of work and livelihood of migrants for employment.

Articles 2 and 3. Provision of accurate information and measures against misleading propaganda. The Committee welcomes the Government’s indication that: (1) sensitization meetings of the general public and potential migrant workers, including Malawian women who were seeking employment in Dubai, were organized in collaboration with IOM; and (2) it will avail itself of ILO technical cooperation to intensify awareness-raising campaigns. The Committee requests the Government to continue to provide information on any measures taken or envisaged, in the absence of a formal migration policy, to ensure that information or other assistance, including awareness-raising campaigns against misleading propaganda regarding the migration process, is provided to nationals seeking employment abroad.

Enforcement. The Committee notes the Government’s indication that: (1) no case involving migrant workers trafficked for labour exploitation was registered; and (2) there are no judicial decisions involving questions of principle relating to the application of the Convention. The Committee requests the Government to continue to provide information on any cases detected by the labour inspectorate in relation with the employment of migrant workers (on the basis of the Trafficking in persons Act or the Employment Act) and their outcome.

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

Malawi (ratification: 1965)

Statistical data on migration. Recalling that appropriate data and statistics are crucial in determining the nature of labour migration and inequalities of treatment faced by migrant workers, to set priorities and design measures, and to evaluate their impact (2016 General Survey, Promoting fair migration,  para. 648), the Committee requests the Government to provide statistical data disaggregated by sex and mobility on the number of migrant workers in Malawi and the number of workers from Malawi seeking employment abroad, in particular in the Southern African Development Community.

Article 1(a) of the Convention. Information on national policies, laws and regulations on migration. In follow up to its previous request for information in this regard, the Committee takes note of the Government’s reiterated engagement towards the formulation of a migration policy. The Committee also notes that in its report, the Government indicates that a number of recent developments aiming at enhancing the protection of migrant workers, especially Malawians nationals who emigrate, have taken place. These developments include: (1) the compilation of a National Migration Profile, (2) the enactment in 2015 of the Trafficking in Person Act, (3) the formulation of a National Diaspora Engagement Policy, (4) the monitoring of the welfare of refugees through a Committee chaired by the Ministry of Homeland Security, and (5) the launch of a Project on voluntary return for migrant workers in irregular status in South Africa, supported by the International Organization for Migration (IOM). The Committee requests the Government to provide information on the steps taken towards the adoption of a migration policy. It further recalls that the Government may avail itself of the technical assistance of the ILO to facilitate this process.

Articles 1(c) and 10. Special arrangements and bilateral agreements. In response to the Committee’s previous request for information regarding the conclusion of such agreements, the Government indicates that a bilateral labour agreement was signed with Qatar. In this regard, the Committee refers to the ILO General Principles and Operational Guidelines for Fair Recruitment and Definition of Recruitment Fees and Related Costs inviting Members to make the international agreements on labour migration publicly available.

Enforcement. In its previous comment, the Committee requested the Government to provide information on any practical measures taken to ensure the effective application of the Convention, including measures designed to enhance the capacity of judges and labour inspectors to identify and address issues such as equality of treatment. In its report, the Government indicates that a number of court decisions have been adopted regarding the issue of trafficking in persons for labour exploitation. While taking note of this indication, the Committee requests the Government to communicate information on the: (i) number of cases detected by the labour inspectorate in relation with the employment of migrant workers (on the basis of the Trafficking in persons Act or the Employment Act), (ii) the number of such cases dealt with in Court, and (iii) the outcome of the proceedings (penalties and sanction imposed if any).

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

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

Repetition

Article 1(a) of the Convention. Information on national policies, laws and regulations. The Committee notes the Government’s continued commitment towards the formulation of a migration policy and the collection of statistics relevant to migration issues, and its intention to request ILO technical assistance to facilitate this process, with the full involvement of the social partners. The Committee also notes the Government’s intention to start consultations on migration issues with a view to developing a national policy on migration. The Committee draws the Government’s attention to the ILO Multilateral Framework on Labour Migration which provides principles and guidelines useful to the elaboration and implementation of labour migration policies. The Committee asks the Government to provide information on the status and outcome of any consultations on migration issues, and encourages the Government to take steps to obtain ILO technical assistance to develop a labour migration policy and collect relevant statistics on migration.

Articles 1 and 10. Special arrangements and bilateral agreements. The Committee reiterates its request to the Government to provide information on the nature of the existing collaboration with other governments, including the conclusion of agreements.

Practical application. The Committee notes the Government’s indication that there are no judicial or administrative decisions concerning the application of the Convention and that no problems regarding the application of the Convention exist. The Committee once again recalls the importance of establishing effective mechanisms to ensure the application of the Convention, especially the principle of equality of treatment, given that migrant workers may not be in a position to take the initiative to secure respect for the relevant legislation due to lack of awareness of their rights or of dispute resolution procedures, or fear of reprisals. The Committee requests the Government to provide information on any practical measures taken to ensure the effective application of the Convention, including measures designed to enhance the capacity of judges and labour inspectors to identify and address issues covered by the Convention. The Committee encourages the Government, with a view to developing an effective labour migration policy, to examine the situation of temporary and permanent migrant workers in the country, including any violations detected by the bodies entrusted with the supervision of the application of the Convention, particularly as regards equality of treatment, and to report on any steps taken in this regard.

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

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 2013.

Repetition

Article 1(a) of the Convention. Information on national policies, laws and regulations. The Committee notes the Government’s continued commitment towards the formulation of a migration policy and the collection of statistics relevant to migration issues, and its intention to request ILO technical assistance to facilitate this process, with the full involvement of the social partners. The Committee also notes the Government’s intention to start consultations on migration issues with a view to developing a national policy on migration. The Committee draws the Government’s attention to the ILO Multilateral Framework on Labour Migration which provides principles and guidelines useful to the elaboration and implementation of labour migration policies. The Committee asks the Government to provide information on the status and outcome of any consultations on migration issues, and encourages the Government to take steps to obtain ILO technical assistance to develop a labour migration policy and collect relevant statistics on migration.

Articles 1 and 10. Special arrangements and bilateral agreements. The Committee reiterates its request to the Government to provide information on the nature of the existing collaboration with other governments, including the conclusion of agreements.

Practical application. The Committee notes the Government’s indication that there are no judicial or administrative decisions concerning the application of the Convention and that no problems regarding the application of the Convention exist. The Committee once again recalls the importance of establishing effective mechanisms to ensure the application of the Convention, especially the principle of equality of treatment, given that migrant workers may not be in a position to take the initiative to secure respect for the relevant legislation due to lack of awareness of their rights or of dispute resolution procedures, or fear of reprisals. The Committee requests the Government to provide information on any practical measures taken to ensure the effective application of the Convention, including measures designed to enhance the capacity of judges and labour inspectors to identify and address issues covered by the Convention. The Committee encourages the Government, with a view to developing an effective labour migration policy, to examine the situation of temporary and permanent migrant workers in the country, including any violations detected by the bodies entrusted with the supervision of the application of the Convention, particularly as regards equality of treatment, and to report on any steps taken in this regard.

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

Article 1(a) of the Convention. Information on national policies, laws and regulations. The Committee notes the Government’s continued commitment towards the formulation of a migration policy and the collection of statistics relevant to migration issues, and its intention to request ILO technical assistance to facilitate this process, with the full involvement of the social partners. The Committee also notes the Government’s intention to start consultations on migration issues with a view to developing a national policy on migration. The Committee draws the Government’s attention to the ILO Multilateral Framework on Labour Migration which provides principles and guidelines useful to the elaboration and implementation of labour migration policies. The Committee asks the Government to provide information on the status and outcome of any consultations on migration issues, and encourages the Government to take steps to obtain ILO technical assistance to develop a labour migration policy and collect relevant statistics on migration.

Articles 1 and 10. Special arrangements and bilateral agreements. The Committee reiterates its request to the Government to provide information on the nature of the existing collaboration with other governments, including the conclusion of agreements.

Practical application. The Committee notes the Government’s indication that there are no judicial or administrative decisions concerning the application of the Convention and that no problems regarding the application of the Convention exist. The Committee once again recalls the importance of establishing effective mechanisms to ensure the application of the Convention, especially the principle of equality of treatment, given that migrant workers may not be in a position to take the initiative to secure respect for the relevant legislation due to lack of awareness of their rights or of dispute resolution procedures, or fear of reprisals. The Committee requests the Government to provide information on any practical measures taken to ensure the effective application of the Convention, including measures designed to enhance the capacity of judges and labour inspectors to identify and address issues covered by the Convention. The Committee encourages the Government, with a view to developing an effective labour migration policy, to examine the situation of temporary and permanent migrant workers in the country, including any violations detected by the bodies entrusted with the supervision of the application of the Convention, particularly as regards equality of treatment, and to report on any steps taken in this regard.

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

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

Repetition

Article 1(a) of the Convention. Information on national policy. The Committee notes from the Government’s report that the sole programme on labour migration existing in the country concerns the recruitment of foreigners under temporary employment permits and that no statistical information on Malawi nationals working abroad and on foreigners employed in Malawi is currently available. The Committee also notes the Government’s intention to start consultations on migration issues with a view to developing a national policy on migration. The Committee further notes the Government’s wish to receive assistance from the Office in carrying out this task as well as in establishing a national monitoring system on migration flows, including a database. The Committee draws the Government’s attention to the ILO Multilateral Framework on Labour Migration which provide principles and guidelines useful to the elaboration and implementation of labour migration policies, and further reminds the Government of the importance of ensuring that the employers’ and workers’ organizations participate in this process. The Committee welcomes the Government’s initiative to develop a national policy on migration and to collect relevant statistical data, encourages the Government to take steps to obtain technical assistance from the Office in this regard. It also asks the Government to provide information on the progress achieved in the formulation of the national policy on migration.

Article 1(c). Information on general agreements and special arrangements. The Committee reiterates its request for information on the nature of the existing collaboration with other governments on migration, including the conclusion of any relevant agreements.

Practical information. The Committee notes from the Government’s report that no judicial or administrative decisions concerning the application of the Convention have been handed down. Nor have any violations been detected by the labour inspection services. The Committee recalls the importance of establishing effective mechanisms to ensure the application of the Convention, especially the principle of equality of treatment, given that migrant workers may not be in a position to take the initiative to secure respect for the relevant legislation due to lack of awareness or fear of reprisals. The Committee requests the Government to provide information on any practical measures taken to ensure the effective application of the Convention, including measures designed to provide judges and labour inspectors with specific training on the issues covered by the Convention. Please also continue to provide information on any judicial or administrative decisions involving questions of principle relating to the application of the Convention as well as on any violations detected by the bodies entrusted with the supervision of the application of the Convention, particularly as regards equality of treatment.

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

Article 1(a) of the Convention. Information on national policy. The Committee notes from the Government’s report that the sole programme on labour migration existing in the country concerns the recruitment of foreigners under temporary employment permits and that no statistical information on Malawi nationals working abroad and on foreigners employed in Malawi is currently available. The Committee also notes the Government’s intention to start consultations on migration issues with a view to developing a national policy on migration. The Committee further notes the Government’s wish to receive assistance from the Office in carrying out this task as well as in establishing a national monitoring system on migration flows, including a database. The Committee draws the Government’s attention to the ILO Multilateral Framework on Labour Migration which provide principles and guidelines useful to the elaboration and implementation of labour migration policies, and further reminds the Government of the importance of ensuring that the employers’ and workers’ organizations participate in this process. The Committee welcomes the Government’s initiative to develop a national policy on migration and to collect relevant statistical data, encourages the Government to take steps to obtain technical assistance from the Office in this regard. It also asks the Government to provide information on the progress achieved in the formulation of the national policy on migration.

Article 1(c). Information on general agreements and special arrangements. The Committee reiterates its request for information on the nature of the existing collaboration with other governments on migration, including the conclusion of any relevant agreements.

Practical information. The Committee notes from the Government’s report that no judicial or administrative decisions concerning the application of the Convention have been handed down. Nor have any violations been detected by the labour inspection services. The Committee recalls the importance of establishing effective mechanisms to ensure the application of the Convention, especially the principle of equality of treatment, given that migrant workers may not be in a position to take the initiative to secure respect for the relevant legislation due to lack of awareness or fear of reprisals. The Committee requests the Government to provide information on any practical measures taken to ensure the effective application of the Convention, including measures designed to provide judges and labour inspectors with specific training on the issues covered by the Convention. Please also continue to provide information on any judicial or administrative decisions involving questions of principle relating to the application of the Convention as well as on any violations detected by the bodies entrusted with the supervision of the application of the Convention, particularly as regards equality of treatment.

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

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

1. The Committee notes with interest the Government’s brief information regarding the anti-discrimination principle contained in sections 5 and 6 of the Employment Act No. 6 of 2000 and the repeal of the African Emigration and Immigrant Workers Act Cap. 56:02 as a result of the coming into force of the Employment Act.

2. However, the Committee notes that since 1988 it has received no detailed report including up-to-date information covering all fields of the Convention. The Committee noted in its General Survey of 1999 on migrant workers (see paragraphs 5–17) that the extent, direction and nature of international labour migration have undergone profound changes since the Convention was adopted. The Committee therefore asks the Government to submit a full report on the application of the Convention in law and practice, in accordance with the relevant report form questionnaire approved by the Governing Body. The Committee also would appreciate if the Government would provide statistics on Malawian nationals working abroad, as well as on the number of foreigners employed in Malawi.

3. The Committee notes the Government’s statement in its report that the Government allows for the free flow of migrant labour. The Committee requests the Government to indicate the significance and impact of this non-regulation of migration. In this connection, the Committee would be grateful if the Government would state how the current trends in migration flows have affected the content and implementation of its national policy and legislation on emigration and immigration.

4. The Committee requests the Government to provide information on the nature of the existing collaboration, including the conclusion of any agreements on migration, with other governments, as indicated in the Government’s report.

5. The Committee would be grateful if the Government would indicate whether any provisions of the African Emigration and Immigrant Workers Ordinance Cap. 79 of 1963 remain in force in Malawi.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

1. The Committee notes with interest the Government’s brief information regarding the anti-discrimination principle contained in sections 5 and 6 of the Employment Act No. 6 of 2000 and the repeal of the African Emigration and Immigrant Workers Act Cap. 56:02 as a result of the coming into force of the Employment Act.

2. However, the Committee notes that since 1988 it has received no detailed report including up-to-date information covering all fields of the Convention. The Committee noted in its General Survey of 1999 on migrant workers (see paragraphs 5-17) that the extent, direction and nature of international labour migration have undergone profound changes since the Convention was adopted. The Committee therefore asks the Government to submit a full report on the application of the Convention in law and practice, in accordance with the relevant report form questionnaire approved by the Governing Body. The Committee also would appreciate if the Government would provide statistics on Malawian nationals working abroad, as well as on the number of foreigners employed in Malawi.

3. The Committee notes the Government’s statement in its report that the Government allows for the free flow of migrant labour. The Committee requests the Government to indicate the significance and impact of this non-regulation of migration. In this connection, the Committee would be grateful if the Government would state how the current trends in migration flows have affected the content and implementation of its national policy and legislation on emigration and immigration.

4. The Committee requests the Government to provide information on the nature of the existing collaboration, including the conclusion of any agreements on migration, with other governments, as indicated in the Government’s report.

5. The Committee would be grateful if the Government would indicate whether any provisions of the African Emigration and Immigrant Workers Ordinance Cap. 79 of 1963 remain in force in Malawi.

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

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 that since 1988 it has received no detailed report including up-to-date information covering all fields of the Convention. Supposing that changes have occurred - at least in practice - since the date of the last detailed report, the Committee would be grateful if the Government would submit a full report on the application of the Convention in law and in practice, in accordance with the relevant report form questionnaire approved by the Governing Body.

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

The Committee notes that since 1988 it has received no detailed report including up-to-date information covering all fields of the Convention. Supposing that changes have occurred - at least in practice - since the date of the last detailed report, the Committee would be grateful if the Government would submit a full report on the application of the Convention in law and in practice, in accordance with the relevant report form questionnaire approved by the Governing Body.