CMNT_TITLE

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

Other comments on C105

Direct Request

Replies received to the issues raised in a direct request which do not give rise to further comments

2019

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The Committee notes with interest that section 46 of the Penal Code was repealed by Parliament on 30 May 2012, signed by the President on 12 July 2012 and gazetted on 27 July 2012. The Committee also duly notes the Government’s statement in its report that sections 47 and 48 of the Penal Code were repealed in 2012.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