Observation (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

Convention (n° 138) sur l'âge minimum, 1973 - Malawi (Ratification: 1999)

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

The Committee noted the communication from the International Confederation of Free Trade Unions (ICFTU) of February 2002, and the comments provided by the Government on the questions raised by the ICFTU.

1. Article 1, paragraph 1, of the Convention. National policy on child labour. The Committee noted that according to the ICFTU child labour is a major problem in Malawi, especially in commercial and subsistence agriculture but also in domestic services where children, mainly girls, are employed in towns. The ICFTU alleged that over 440,000 children between the ages of 10 and 14 are economically active in Malawi, which constitutes over 30 per cent of this age group. More than 20 per cent of the workforces on commercial plantations, especially tobacco plantations, are children. The ICFTU added that much child labour on these commercial plantations is hidden because the tenant farming system encourages the whole family to work. The communication from the ICFTU indicated that the ICFTU and the International Union of Foodworkers (IUF) have signed an agreement with the International Association of Tobacco Producers (IATP) to eliminate child labour on tobacco plantations and that the MCTU and the TTAWU have signed a similar agreement with the Tobacco Association of Malawi at national level. The ICFTU concluded that relating to child labour: "little concrete progress has yet been made".

2. In its reply, the Government recalled the financial and technical support provided by the ILO/IPEC to conduct a child labour survey, which will enable to know the extent, nature and characteristics of child labour in Malawi. The Government declared that it initiated, in conjunction with non-governmental organizations and socials partners, a number of activities aimed at prevention, withdrawal and rehabilitation of children engaged in hazardous work. Thus the Norwegian Agency for Development Cooperation (NORAD) and UNICEF-Malawi had signed a Memorandum of Understanding according to which the Norwegian Government would provide money for UNICEF to carry out child labour elimination activities in Malawi in conjunction with the Government, the employers, the trade unions, the donor community and the civil society organizations. All these organizations are represented in the governing body on Child Labour Elimination activities in Malawi. The Government also declared that practical efforts are made by people in government or in the private sector to remove the child labour vice in the economy. It explained that a national steering committee and a national task force on the elimination of child labour, which will work in the purposely selected nine districts of Malawi, have been initiated. The plan of action of the project includes: drafting a national policy against child labour; drafting and adopting a code of conduct against employment of children; training more labour inspectors; establishing child labour monitoring committees within the communities; establishing loans for income generating activities and small-scale village banking in target districts or review existing policies and legislation relevant to child labour in Malawi. The Government also referred to the Association for the Elimination of Child Labour, which was established in Malawi out of the private sector initiative especially by the tobacco growing enterprises and estates. The composition of this Association includes the MCTU, which is a member of the ICFTU itself. The Government also referred to the child labour services unit formed by the Tobacco Exporters’ Association of Malawi. In connection with the question of child labour in the agricultural sector, the Government recalled that Malawi is part of the ILO/IPEC regional programme on prevention, withdrawal and rehabilitation of children engaged in hazardous work in the commercial agriculture sector in Africa, which also covers Kenya, United Republic of Tanzania, Uganda and Zambia. The Committee observed that the Government has communicated extensive information on the measures taken to ensure the abolition of child labour, but has not provided any details on the results obtained. The Committee requested the Government to provide such information in order for the Committee to assess the effective abolition of child labour in the country and compliance with the Convention.

The Committee also addressed a direct request to the Government on other points.

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