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The Committee has noted the Government’s reply to its earlier comments. It has also noted the comments on the application of the Convention in Malawi made by the Malawi Congress of Trade Unions (MCTU) in a communication dated 26 December 2004, as well as the Government’s reply to these comments.

Articles 1(1) and 2(1) of the Convention. 1. Bonded labour. In its earlier comments, the Committee referred to the allegations made by the International Confederation of Free Trade Unions (ICFTU) concerning the existence of bonded labour on tobacco plantations and in domestic service. The Committee noted that, in its reply, the Government denied these allegations and stated that labour inspectors in Malawi had never come across such cases and no complaints concerning the alleged forced labour had been filed under section 64 of the Employment Act, 2000. In its latest report, as well as in its reply to comments by the UCTU referred to above, the Government confirms that no reports have been received regarding bonded labour either in domestic service or in tobacco sector, and that measures have been taken to reinforce the role of labour inspectors in all 28 district labour offices in Malawi. As regards the Tenancy Labour Bill referred to in the Government’s previous report, the Government indicates that it will not be submitted to Parliament before its possible negative and positive effects on the economy are determined, and that a study is being conducted with the objectives to identify the possible ways of abolishing the tenancy labour system in Malawi and to specify how direct wage labour would effectively replace the tenancy labour system in Malawi. The Committee hopes that a copy of the report on this study will be provided by the Government, once it has been published. Please also supply a copy of the Tenancy Labour Act, as soon as it is adopted.

2. Worst forms of child labour. As regards the issue of child labour in the tobacco sector, the Committee asks the Government to refer to its comments on the application of Convention No. 182, likewise ratified by Malawi.

3. Freedom of career military personnel to leave the service. The Committee notes the Government’s indication in the report that military officers and other career military service personnel have the right to leave the service, in time of peace, at their own request, after seven or ten years of service, by means of notice of reasonable length. It requests the Government to indicate provisions governing this issue and to supply copies thereof. The Committee also notes the provision of section 26(f) of the Defence Force Act, under which an officer may be discharged at any time during the currency of any term of engagement, at his own request on compassionate grounds. Referring to paragraphs 33 and 72 of its General Survey of 1979 on the abolition of forced labour, where the Committee pointed out that career members of the armed forces, who have voluntarily engaged in the armed forces, should not be deprived of the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice, the Committee requests the Government to describe such "compassionate grounds" for resignation, indicating the criteria applied in accepting or rejecting a resignation. Please also supply copies of any regulations relevant to the resignation of career members of the Defence Force, made by the Minister under section 17(1) of the Defence Force Act (such as e.g. the Defence Force (Officers) Regulations or the Defence Force (Other Ranks) Regulations).

Article 2(2)(a). 4. Use of the defence force for purely military ends. The Committee notes that under section 5 of the Defence Force Act (No. 11 of 2004), supplied by the Government with its report, the defence force shall be charged with the defence of, and maintenance of order in, Malawi and with such other duties as are in accordance with the Constitution and the Act. Please describe such "other duties", indicating in particular, what guarantees are provided to ensure that services exacted for military purposes are used for purely military ends, in accordance with this Article.

5. Article 2(2)(c). Prison labour. The Committee 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. Pending the adoption, the Committee requests the Government to provide a copy of sections 75 and 76 of the Prisons Act (Cap. 9) concerning the work of prisoners, to which reference is made in the report.

6. Article 2(2)(e). Minor communal services. The Committee previously noted that, under section 3 of the Employment Act, 2000, the expression "forced labour" does not include minor communal services of a kind performed by members of the community in the direct interest of the community. It notes the Government’s indication in the report that, when the community wants to undertake any work or service to improve their living standards, this is done in consultation with all the people concerned in that area. The Committee again requests the Government to provide information on any exaction of such minor communal services in practice and on the consultations of the members of the community concerning the need for such services.