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

Other comments on C097

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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.