CMNT_TITLE_CAS

Written information provided by the Government

(i) undertake, in cooperation with the organizations of workers and employers, an evaluation of the existing legal framework on sexual harassment and, in particular, to amend the definition of sexual harassment in section 6(1) of the Gender Equality Act of 2013 to explicitly include hostile work environment harassment;

The Government of Malawi notes the recommendation to amend section 6(1) of the Gender Equality Act (Cap 25:06) to explicitly include hostile work environment harassment. The Government will consult the relevant stakeholders to consider the recommendation.

(ii) identify the initiatives taken to date to prevent and address sexual harassment in the public and private sectors, and the procedures and remedies available to victims, with a view to identifying existing gaps and risk factors and designing effective interventions to strengthen the protection of women workers against sexual harassment;

The Malawi Human Rights Commission (MHRC) is the public institution charged with the implementation of the Gender Equality Act. To this end, the MHRC has been undertaking a number of activities as part of the implementation of the Act. The work undertaken so far includes:

(a) Development of a model sexual harassment policy and its popularization to promote widespread adoption or adaption as the case may be, both by public and private establishments.

(b) Implementation of a situation analysis on sexual harassment in the formal and informal sectors.

(c) Development of Sexual Harassment Guidelines for use as establishments work on the development of their policies which take longer to finalize, especially in the public sector.

(d) Support for 21 institutions of higher learning to develop sexual harassment guidelines between 2021 and 2022.

(e) Capacity-building training courses for both public and private sector establishments on prevention and tackling sexual violence and harassment. Over 20 institutions benefited from such training courses between May and November 2021.

(f) Monitoring of compliance with the Gender Equality Act, in particular sections 6 and 7, by conducting an audit of sexual harassment policies in 60 institutions between November 2021 and April 2022. Advice was provided to institutions that did not have a policy in place.

(g) Investigation of 23 cases of sexual violence and harassment recorded between January 2021 and April 2022. Of these, 12 have since been concluded.

The Department of Human Resource Management and Development (DHRMD), for its part, is responsible for the implementation of the Gender Equality Act within the public service. The Department has a dedicated Gender Unit that conducts sensitization on an ongoing basis as part of its normal programmes.

Regarding the court cases in England concerning Malawi’s tea sector, the Government has not been able to get sufficient facts to assist in addressing the alleged violation in the reported claims. Efforts to identify the victims to help with information that could assist in devising well-informed interventions by the Government have so far been unsuccessful. The claims against Eastern Produce Malawi Limited and its parent company based in the United Kingdom, Camellia, were settled in an out-of-court settlement without admission of liability on their part. Being a confidential settlement which was not disclosed to the Government, the Government has requested the British High Commission in Malawi and Eastern Produce Malawi Limited to assist in gathering information regarding the claims. The claim against PGI, the parent company of Lujeri Tea Estates Limited, is continuing only against the parent company. Hopefully, this case will provide more information during the full trial. The foregoing notwithstanding, the Government will continue to enforce the Gender Equality Act, including in the tea sector which happens to be one of the leading sectors in tackling gender-based violence and sexual harassment. Tea was the first sector in Malawi to adopt a sector-wide sexual harassment policy entitled “Tea Association of Malawi Gender Equality, Harassment and Discrimination Policy.” The sector-wide policy was adopted in 2017 and all tea companies in Malawi are implementing the policy. All managers of the tea companies and the leadership of the Plantation and Agricultural Workers Union (PAWU), as well as the rank-and-file members of PAWU, have been trained on gender-based violence and sexual harassment.

Some major developments and activities that have been undertaken since the adoption of the tea sectoral policy which was launched during the International Women’s Day commemoration held at Thyolo Sports Club in March 2017 include the following:

(i) Establishment of the office of a Gender Equality Coordinator at the Tea Association of Malawi Limited (TAML) Secretariat. The Coordinator provides technical leadership and support to the TAML and its members regarding the implementation of the TAML gender policy and gender mainstreaming in the tea industry.

(ii) Translation of the policy and its guidelines into the local language in 2019 and printing and distribution of copies to all tea estates for greater access by the majority of estate employees, who have low levels of education.

(iii) Establishment of a Women’s Welfare Committee (WWC) in every estate, which acts as a safe space where women discuss issues affecting them. Issues requiring management intervention are subsequently referred to the management of the respective estates for action.

(iv) Establishment of a Gender, Harassment and Discrimination Committee (GHDC) in every tea estate. The GHDCs are mandated to receive harassment and discrimination complaints, deliberate on them and recommend to estates’ disciplinary committees the disciplinary actions to be undertaken.

(v) Formulation of sectoral Gender Equality, Harassment and Discrimination guidelines which elaborate the complaint handling procedure. In addition, the guidelines stipulate what estates ought to do to effectively promote gender equality and equity and address harassment and discrimination in their workplaces.

(vi) Implementation of awareness-raising campaigns focusing specifically on sexual harassment in employment and occupation on an ongoing basis in line with the sector’s policy.

(vii) Training on gender equality and sexual harassment for all employees in the tea industry, supported by different partners, including IDH–The Sustainable Trade Initiative, World University Service of Canada (WUSC) and the ILO.

(viii) Women leadership training: The aim is to equip women with leadership skills as well as mentorship skills so that they can mentor fellow aspiring women leaders and help their employers identify women eligible for promotion to leadership roles in their respective workplaces.

(ix) “Gender Learning and Sustainability” symposium, which has become an annual event since 2019. The aim of the activity is to foster dialogue amongst the TAML, its partners and the Government in order to assess progress made and reassert priorities for institutionalization of gender equality across the tea industry.

(x) Annual sector-level commemoration of International Women’s Day as part of raising awareness on gender equality and sexual harassment. The commemoration brings together all players in the tea sector and the Government. The TAML’s industry-wide GHD policy provides minimum standards for the sector, and individual estates are always urged to do better.

As a result, at the individual estate level, the following measures are in place:

(a) Availability of a variety of grievance-reporting modes, which include use of anonymous complaint boxes, hotline (in the case of Eastern Produce), email addresses, women safeguarding supervisors, workers’ rights adviser, Women’s Welfare Committee, Gender, Harassment and Discrimination Committee, line managers, any member of the Human Resources department and general managers. Each estate has an elaborate grievance-handling mechanism that ensures confidentiality (Lujeri has engaged an external international consulting firm to support them with the grievance-handling process). Eastern Produce (EPM) has created a Gender & Welfare Office. In this regard, a gender expert was recruited in 2021 to promote employee welfare and gender equality in all EPM operations.

(b) Inclusion of a briefing on the policy as part of the induction programme for all newly recruited employees.

(c) Regular participation of estate management and employees in gender equality events such as “16 days of Gender Activism”. Tea is actually one of Malawi’s leading sectors in addressing workplace violence and sexual harassment.

The report of the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF) purporting widespread gender-based violence and sexual harassment in the tea sector has, therefore, come as a big surprise, especially to the tea sector itself. The Government categorically disputes the IUF’s inference that “… the fact that the workers’ complaint was made public and dealt with through a law firm based in the United Kingdom indicates that the established procedures in Malawi at the local and national levels are inadequate for victims of gender-based violence in the workplace who are seeking to achieve justice and to ensure an end to sexual harassment on tea estates”. This is totally untrue and unfounded. In the first place, the complainants never made any attempt to report their complaint locally. Furthermore, the complaint was never made public, at least in Malawi.

Malawi has one of the most robust, open and independent justice systems. Malawi’s constitutional court judges have won the 2020 Chatham House Prize in recognition of their “courage and independence in the defence of democracy”. Countless cases of gender-based violence and harassment are reported to the authorities, notably the Malawi Human Rights Commission, Ministry of Gender, Ministry of Labour and Malawi Police Service, as well as to non-governmental human rights organizations, among others. Some have ended up in our courts. One recent high-profile case that was successfully prosecuted involved Mota Engil, an international construction company.

Everyone, including the IUF, knows why the tea-sector cases in Malawi are being heard in a court in the United Kingdom. The answer is simple: Leigh Day, which is prosecuting the case, is a UK-based law firm and our case is not the first for Leigh Day to prosecute outside the jurisdiction from which it arose. That is the character of the Leigh Day law firm. The details of the victims and the compensation paid to them are never disclosed, making it extremely difficult for governments to follow up. Regarding the IUF’s report on the dismissal of 11 managers and supervisors for sexual harassment-related misconduct, the Government carried out an independent investigation and found a gross distortion of facts.

To begin with, no joint investigation of cases of sexual harassment was ever undertaken by the TAML and PAWU during the stated time or indeed at any time. No specific estate has been mentioned in the report but our investigation suspects it could be the Lujeri Tea Estate, where disciplinary hearings took place in April 2021 following the findings of a routine investigation undertaken by the company itself using an independent international firm, Ethical Trade Consultancy. Only two cases of sexual harassment were identified and properly dealt with within the complaint and the disciplinary frameworks of Lujeri and the laws of Malawi. Surprisingly, even PAWU has disowned the IUF report. The Government welcomes another delegation from the IUF to double-check their facts. We also welcome any credible and well-meaning organization, including the ILO, to come and independently verify the facts as reported by the IUF.

(iii) provide information on the results of the evaluation and the actions envisaged as a follow-up;

The Government acknowledges that there is room for improvement in a number of areas. The Gender Equality Act and other gender-related national legal frameworks that predate the Violence and Harassment Convention, 2019 (No. 190), need to be reviewed to bring them in line with the Convention. I am pleased to report that, with financial support from the ILO, a local consultant is already on the ground to assess gaps in the legal framework as part of broader measures for tackling workplace gender-based violence and harassment more effectively. The Government is also desirous of ratifying Convention No. 190 and looks forward to ILO technical support, with the Organization’s wealth of expertise and experience in this area. More information will be provided once the consultant has completed her work. The Government would like to assure the Committee that we will work closely with the social partners and other relevant bodies in dealing with this matter. We have in fact already started the collaboration as this report is the product of tripartite-plus consultations that took place on 11 May 2022.

(iv) increase the capacity of the competent authorities, including labour inspectors, to prevent, identify and address cases of sexual harassment in employment and occupation, including on tea plantations;

The Malawi Human Rights Commission (MHRC) is strengthening its inspectorate unit through training. Training for labour inspectors in the Ministry is ongoing and the next training programme is scheduled to be conducted in June 2022, with technical support from the ILO. One of the items on the training programme is concerned with detecting and addressing cases of sexual violence and harassment. The tea sector has been purposely targeted.

(v) continue undertaking awareness-raising campaigns in collaboration with the social partners;

As explained above, the MHRC, the Department of Human Resource Management and Development (DHRMD) and the Tea Association of Malawi Limited (TAML), as well as individual tea companies, have been conducting awareness campaigns. The Ministry will be joining together with the partners.

(vi) provide information on the adoption of the Sexual Harassment Workplace Policy pursuant to section 7 of the Gender Equality Act and its implementation;

The MHRC, as per its mandate, reviewed draft policies of institutions submitted to the Commission for the purpose of checking consistency with the Gender Equality Act as a quality assurance measure. Ten draft policies were reviewed between November 2021 and April 2022. The institutions concerned include: the Ministry of Forestry and Natural Resources, Malawi Police Service, National Youth Council, Electricity Supply Corporation of Malawi Limited, Sunbird Tourism PLC, Old Mutual Limited (Malawi) and the DHRMD. The policy for DHRMD covers the entire civil service and was validated on 18 May 2022, after which it is due to be submitted to the Government (the Office of the President and Cabinet) for consideration by the end of 2022. The draft policy has accompanying guidelines to facilitate implementation of the policy.

(vii) consider amending section 6(1) of the Gender Equality Act to ensure that the term “reasonable person” in the definition of sexual harassment no longer refers to the harasser, but to an outside person.

The Government of Malawi notes the recommendation to amend the definition of sexual harassment under section 6(1) of the Gender Equality Act (Cap 25:06). However, we would like to draw the Committee’s attention to the principle of “reasonable person” in Malawian law. “Reasonable person” is a common law standard used as an objective test by courts in Malawi in both civil and criminal law. “Reasonable person” is appropriate for the reason that it offers an objective test that goes beyond the harasser. We look forward to further engagement with the Committee to elaborate on how the concept of “reasonable person” is interpreted under Malawian law.

In conclusion, the Government wishes to register its disappointment with the whole approach of the IUF on this matter for the deliberate distortion of facts to paint a grim picture of the situation in our tea sector when that is not the case. We are further disappointed that the IUF never bothered to share its report with the Malawian Government. It was left to the ILO to share its copy of the report on 11 May 2021, a day after the stakeholders’ consultation meeting. We suggest that in future the ILO should be strict in ensuring that such reports are furnished in good time to all the parties concerned.

Discussion by the Committee

Government representative, Minister of Labour – The Government of Malawi notes the observations of the Committee of Experts and wishes to respond as follows. On the recommendation to amend the definition of sexual harassment, under section 6(1) of the Gender Equality Act (GEA), we find the use of the term “reasonable person” in the definition appropriate for the reason that it offers an objective test that goes beyond the harasser; that is to say, looking at the circumstantial evidence surrounding the harasser’s conduct. However, we welcome further engagement with the Committee to elaborate on how “reasonable person” is interpreted under Malawian law in order to reach a common understanding.

We do not rule out an amendment to this section to clarify the law so as not to leave anyone behind, or not to leave any doubt.

The Government of Malawi also notes the recommendation to amend the same section, to explicitly include “hostile work environment harassment”. The Government will consult relevant stakeholders to consider that recommendation.

The Government of Malawi takes gender-based violence and harassment in the workplace very seriously, that is why section 7 of the GEA requires employers to come up with workplace policies for the elimination of sexual harassment in their workplaces. There is also a dedicated public institution, the Malawi Human Rights Commission (MHRC), that is charged with the overall responsibility of implementing the Act. Among other functions, the MHRC promotes, protects and enforces the GEA in Malawi. It also educates the masses, including workers and employers, on gender-based violence and harassment. The Commission has also developed a model sexual harassment workplace policy and workplace sexual harassment guidelines, which it is popularizing for widespread adoption by enterprises.

There are also a number of civil society organizations working in the area of gender rights. These are organized under an umbrella body, the NGO Gender Coordination Network, and are very active in championing gender rights. They work very closely with relevant government institutions including the Ministry of Gender, the Ministry of Labour, the MHRC itself, the Malawi Congress of Trade Unions (MCTU) and its affiliates and the Malawi Police Service.

Regarding the report of the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF) on cases of gender-based violence and harassment in the tea sector in Malawi, it should be noted that the tea sector, under the Tea Association of Malawi Limited (TAML), has a sexual harassment policy in place which was adopted in 2017. Since then, a lot of awareness-raising across all levels of employees, ranging from top management down to estate labourers at the lowest level, has been conducted and is continuing. Individual tea estates have their own workplace programmes. Some estates have even engaged gender specialists to support their enterprise-based gender programmes.

In short, addressing sexual harassment in the tea sector has been institutionalized. You may wish to know that from time to time the Ministry of Labour conducts inspections to these estates and I have personally been on several of them and one of the things that I have noted was the fact that even community members were aware of the systems and structures that have been put in place by these tea companies to address gender-based violence and harassment issues.

An independent investigation was conducted by the Ministry of Labour, for which I am the Minister responsible, to verify the IUF report. To our disappointment, the IUF report has been found to be a gross exaggeration and distortion of the situation on the ground. This case was escalated without any discussion whatsoever at national level and neither were the tripartite players engaged.

In the first place, the Plantation and Agriculture Workers Union (PAWU), which is reported to have conducted joint investigations with the TAML that purportedly led to the dismissal of 11 managers and supervisors on sexual harassment-related misconduct, denied ever having participated in such an exercise. PAWU also denied knowledge of the purported dismissals. The Ministry’s investigations only established two cases of sexual harassment on one tea estate. These two cases came to light following investigations by an independent international firm, Ethical Trade Consultancy, that the tea estate hired to assist in investigating cases of misconduct by estate managers and workers.

Despite several requests, the Malawi Government has not been furnished with any details of the report or the reported sexual harassment court cases in the United Kingdom. As such, therefore, we are unable to comment much on the same or use information therefrom to address the problem. We understand that there was a confidential out-of-court settlement to the tune of £3 million but, as the Government, we are not aware of how much of the settlement money went to the purported victims.

We are also keen to find out who the victims are, because in Malawi, once the court orders anonymity, every party to the proceeding would be bound by that order. In that regard, therefore, not even the media can risk contempt-of-court charges. However, information is needed to assist in addressing any gaps that may exist, whether in the law or in procedures.

The inference by the IUF that the established procedures in Malawi at the local and national levels are inadequate for victims of gender-based violence in the workplace is blatantly wrong and quite unfortunate. The fact of the matter is that the UK-based law firm in the case prefers prosecuting cases in the United Kingdom for its own convenience. In the case of the Malawi tea sector, the court cases are proceeding only against UK-based parent companies of the two Malawi tea companies, which successfully submitted a challenge to be excluded on the basis that Malawi has competent courts and a world-renowned judicial system with massive abilities to successfully try these cases locally. The claimants’ allegations that there is a real risk of lack of justice in Malawi through the courts are therefore both incorrect and unfounded.

There are numerous cases of sexual harassment being handled by our courts at the moment and some that were concluded, which may attest to this point. One recent famous case involved an international company, whose judgment can be accessed online, and another one involving the State against the Inspector-General of Police and others. In both cases, judgment was delivered in favour of the women. It is therefore on this basis that the Malawi Government predicts that the court in the United Kingdom will dismiss the claim on the basis that the United Kingdom is not the proper forum for bringing sexual harassment claims that allegedly happened in Malawi. We therefore strongly believe that there is no risk of injustice if the cases were to be heard in Malawi.

Individual tea estates have a number of reporting channels for sexual harassment cases, including committees specifically established for this purpose, with the awareness-raising that has been going on since 2017 when the tea sector adopted a sector-wide sexual harassment policy. Sexual harassment cases are being reported to the estate authorities and dealt with through internal procedures of the estate and, where appropriate, escalated to the courts. The cases remain few, though, and are not at the scale portrayed by the IUF in its report. Had it not been for the exaggeration and distortion, it is my considered opinion that Malawi did not at all deserve to be double footnoted.

The foregoing notwithstanding, the Government of Malawi welcomes an ILO mission and any credible institution to come and conduct independent investigations to establish the true extent of gender-based violence and sexual harassment in Malawi’s tea sector. We promise to cooperate fully with anyone. The IUF is also welcome to make another visit for the purpose of double-checking facts on the ground.

In conclusion, the Government of Malawi will continue to enforce the GEA. The Government also acknowledges that there is room to improve measures for preventing gender-based violence and harassment in the workplaces, protecting the victims and addressing a whole range of issues on violence and harassment in the workplace. To this end, the Government of Malawi undertakes to continue working very closely with the social partners. The Government recognizes that the GEA may require reviewing in light of the Violence and Harassment Convention, 2019 (No. 190), which the Act predates. The Government is further seriously considering initiating the process of ratifying Convention No. 190 in order to enhance measures for preventing and addressing violence and harassment in the workplace. In this regard, therefore, the Government would appreciate the ILO’s technical support.

Worker members – This is the first time that our Committee is discussing the application of Convention No. 111 with respect to Malawi. Malawi ratified the Convention in 1965. The gaps in the existing legislation, the systematic and serious violation in practice and the harmful impact on victims, including the irreparable damage caused by sexual violence and discrimination, justifies the fact that this case is being discussed as a double-footnoted case. In addition, the institutional weaknesses identified in the report clearly demonstrate the failure of the Government of Malawi to comply with the Convention. Malawi’s Constitution prohibits discrimination against women on the basis of gender. In 2013, the GEA was enacted to prohibit and provide redress for sex discrimination, harmful practices and sexual harassment. However, as the report shows, women workers in Malawi are exposed at work to rape, sexual assault, sexual harassment, coercion and discrimination by male workers. We deplore the systematic sexual violence and harassment in Malawi, including the rape, assault and discrimination suffered by women workers on tea and macadamia nut plantations. In 2019, a case was filed in a London court on behalf of 36 Malawian women who had suffered gender-based violence and harassment, including rape and sexual harassment while working on tea estates in the Mulanje and Thyolo districts in Malawi. In 2021, a similar case was filed, also in London, on behalf of 31 Malawian women who had been subjected to sexual harassment, sexual assault, coerced sexual relations and rape, spanning a period from 2014 to 2019, while working on tea plantations and macadamia nut orchards in southern Malawi. The continued and systematic nature of these violations reveal deep institutional weaknesses in holding perpetrators to account, including by prosecutors, courts, labour inspectors, employers in the private and public sectors, and victim protection authorities. According to reports, the companies claim that they have adopted sexual harassment policies that were accessible to all employees, and frequently reviewed. If any such policies exist in practice, the hostile and intimidating workplace environment prevented the majority of the victims from reporting the abuse for fear of losing their jobs or suffering retaliation from their abusers.

A similar challenge appeared to exist with the judiciary. In one case in 2021, the Malawi courts ruled in favour of an employee who had been sexually harassed. However, these are few and far between. It is clear that women in general face challenges and obstacles accessing the courts in Malawi. For example, according to the statistics cited by a judge of the High Court of Malawi, only 6.4 per cent of cases (358 out of 5,553) filed in the Industrial Relations Court between 2012 and 2015 were filed by women applicants.

According to Article 8 of the Universal Declaration of Human Rights, referred to in the Preamble of the Convention, everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted to him [or her] by the Constitution or by law. We see an urgent need to review the extent to which women access the courts in Malawi, in sexual harassment cases in particular.

Let me now cover anti-sexual harassment laws, and specifically the definition of sexual harassment contained in section 6(1) of the GEA of 2013. This definition says that sexual harassment is unwanted conduct of a sexual nature in circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated that the other person would be offended, humiliated or intimidated. Already in 2019, the Committee of Experts requested the Government to amend this definition to ensure that the term “reasonable person” in the definition of sexual harassment no longer refers to the harasser but to an outside person. Further, the Committee of Experts recommended that the definition of “sexual harassment” should explicitly include hostile work environment harassment. The Government must implement the Committee of Experts’ observations without further delay. The incomplete definition in the GEA is a major setback in fighting gender-based violence and limits women’s access to justice in cases of sexual harassment. Furthermore, we know that section 7 of the GEA obliges the Government to ensure that employers have developed and are implementing appropriate policies and procedures aimed at eliminating sexual harassment in the workplace, which shall entitle all persons who have been subjected to sexual harassment at work to raise a grievance about its occurrence and be guaranteed that appropriate disciplinary action shall be taken against perpetrators. This section also calls for a designated person, outside of line management, who could be approached by a person who has been subjected to sexual harassment for confidential advice and counselling. As the current court case litigated in the United Kingdom demonstrates, immediate action is needed to ensure that employers comply with the requirements enshrined in section 7 of the GEA. At the same time, the Government should immediately increase the capacity of labour inspectors to prevent, identify and address cases of sexual harassment in employment and occupation. In doing so, the Government should ensure that labour inspectors are gender-responsive, recognizing that women are disproportionately exposed to discrimination and violence at work. This can be achieved through the recruitment of more women labour inspectors and by introducing gender equality indicators for inspection. Businesses must themselves take up their obligations to respect labour and human rights at the workplace seriously.

Sexual harassment is a violation of the fundamental human right to non-discrimination. The Government of Malawi has failed to comply with the prohibition of discrimination in employment and occupation, including sexual harassment, contained in Convention No. 111. The Committee of Experts has concrete and practical requests for the Government of Malawi. The Government must take immediate and practical measures in line with these comments to ensure and implement a zero-tolerance policy towards gender-based violence, including sexual harassment. We welcome the intentions announced by the Government in the additionally provided information – that the GEA and other gender-related national legal frameworks that predate Convention No. 190 need to be reviewed to bring them into line with this Convention, including the desire to ratify Convention No. 190.

Employer members – This case involves the examination of the application in law and practice by Malawi of Convention No. 111. This is a fundamental Convention which Malawi ratified in 1965. The case is double footnoted. It is being examined by this Committee for the first time, although the Committee of Experts has previously made two observations, in 2019 and 2020.

The basis for the latest observation and the case coming before this Committee is mainly the allegations by the IUF that there is widespread sexual violence in the tea industry in Malawi and that the local legal framework is inadequate to address it and provide protection to female workers, as court action was initiated in the United Kingdom against Malawian companies and their associated companies in the United Kingdom.

The Committee of Experts noted these allegations from the union with serious concern and called on the Government to, among other things, conduct a gap analysis of the legal framework, identify initiatives taken to eliminate sexual harassment, provide information on the results of the evaluation, improve the capacity of competent authorities to address sexual harassment, continue with awareness-raising campaigns, provide information on the adoption of the sexual harassment and workplace policy in line with section 7 of the GEA, consider amendments to section 6(1) of the GEA to ensure that the definition of “reasonable person” goes beyond the harasser, as well as broaden the definition of “sexual harassment” to explicitly include hostile work environment harassment.

We thank the Government for the comprehensive information provided on 16 May 2022, which was also elaborated on by the representative of the Government of Malawi here today. This relevant and up-to-date information helps the Committee in consideration of the case.

We note that the Government disputes the allegations made by the IUF and that the Government has made efforts to establish the details of these allegations. We wonder, however, whether the Government has engaged or not the most representative employers’ organization in the country, the Employers’ Consultative Association of Malawi (ECAM), in this regard.

The Government has highlighted a number of initiatives that are being undertaken by the Malawi Human Rights Commission (MHRC), the Department of Human Resource Management and Development (DHRMD), and employers in the tea plantations. These include, among others, assistance to public and private entities with their workplace harassment policies, awareness campaigns, targeted training for management and general staff in the tea plantations, and inclusion of sexual harassment policies as part of induction programmes for new staff, as well as consultation with social partners to consider amendments to the GEA, especially section 6.

We also note that the ILO is already providing financial and technical assistance to Malawi, which has enabled work to be undertaken to analyse any gaps in the national legal framework with a view to possibly ratifying Convention No. 190. We further note that the Government has also requested ILO technical assistance in respect of the Committee of Experts’ recommendation to amend the definition of “reasonable person” to extend it beyond the harasser. We trust this assistance and engagement at the national level will lead to the harmonization of Malawi’s legislation with international standards.

The Employer members accordingly encourage the Government to continue addressing the legal issues with technical assistance from the ILO as far as necessary and to consult with its social partners. The Government is also encouraged to keep the Office informed of progress in this regard.

Worker member, Malawi – The Malawi Congress of Trade Unions (MCTU), which is the most representative organization of workers in Malawi, has noted the basis of the case relating to findings of the IUF report on issues of sexual harassment prevalent in the tea sector and possibly in other sectors in Malawi. We have also taken note of the attempt by the Committee of Experts to raise issues as regards gaps in our laws in order to address challenges of sexual harassment in the tea sector and possibly other sectors too.

The MCTU could have appreciated it if this case had also been discussed at a national level before it was escalated to this level. However, we acknowledge the position taken by the Malawian Government in response to the issues raised in the findings of the IUF report and the identified legislative gaps. Our prayer in this regard is that the Government of Malawi should endeavour to mobilize the tripartite partners, including our employer counterparts, to find common ground and take bold decisions to find lasting solutions to these emerging issues. It is true that this situation is in conflict with Convention No. 111 and the Safety and Health in Agriculture Convention, 2001 (No. 184).

We draw our strength from the guidelines provided by Convention No. 190 which would guide in crafting favourable legislation to tackle the challenge of violence and sexual harassment in the workplace. Therefore, we cannot bury our heads to reality and raise procedural and technical issues instead of taking bold steps towards ratification and domestication of Convention No. 190. We are confident that the ratification and domestication of Convention No. 190 will comprehensively address the identified technical misunderstandings in our legislation and align our legislation to international standards.

In this light, we use this opportunity as a workers’ organization to request support from the ILO towards the ratification and domestication process of Convention No. 190 as a starting point and perhaps undertake more research and scale up awareness measures in this regard.

Employer member, Malawi – The Employers’ Consultative Association of Malawi (ECAM), as the national employers’ representative body, is involved through its affiliate, the Tea Association of Malawi Limited (TAML), in implementing initiatives in the tea industry to promote a decent and safe work environment for all workers, including women. ECAM has noted the IUF report about cases of gender-based violence and harassment in the tea sector in Malawi and wishes to respond as follows.

At the international level, Malawi is a State party to several international human rights instruments, including those that are under the auspices of the ILO which deal with workers’ rights. To this end, the Government of Malawi ratified Convention No. 111, which it takes seriously. At the national level, Malawi, among others, has enacted the following laws: the Constitution of the Republic, the GEA of 2013, the Employment Act and the Labour Relations Act, which, among others, prohibit and criminalize discrimination and sexual harassment in the workplace and also provide statutory aggravated grievance-handling mechanisms. In the tea sector, the tea industry has over 60,000 employees at the peak period, comprising both permanent and seasonal employees, 30 per cent of whom are women. The industry is the second biggest formal employer after the Government.

The TAML is an affiliate of ECAM and it is the representative body for all employers and producers in the tea industry in Malawi.

The tea industry has a gender equality, harassment and discrimination policy in place, which came into force in 2017, and all members have adopted this. The policy and guidelines comply with the requirements of the GEA and provide efficient and effective grievance-handling mechanisms. All 60,000 employees in this sector have since been trained and oriented on the policy, including its grievance-handling mechanisms. The industry has established at estate level various working committees which include women’s welfare committees and gender harassment and discrimination committees, which receive complaints, deliberate on them and recommend redress. The tea industry has continuing awareness-raising programmes for all employees at all levels.

ECAM and the TAML continue to work with different partners, including the ILO and IDH – The Sustainable Trade Initiative, to promote workers’ rights including in relation to violence and harassment.

It has already been pointed out that the tea industry is inspected by the Government of Malawi through the Ministry of Labour. The latest inspection was done under the leadership of the Honourable Minister of Labour. For an industry with over 60,000 workers, if such cases exist, they remain few and not on a scale that has been portrayed by the IUF in its report. These are identified and sanctioned by laws.

In conclusion, ECAM denies the allegations of rampant sexual harassment in the tea industry. ECAM remains committed to improve measures for preventing gender-based violence and harassment, including adequate protection of victims. ECAM is also working with the investment climate reform facility to carry out a gap analysis that will provide evidence-based responses to challenges that exist at this point and would appreciate ILO technical support.

Lastly, ECAM recognizes the right of the IUF to report the matter through the ILO. It seriously notes with concern that it was not consulted or informed of the issues as a social partner at the national level prior to the report that was submitted to the ILO. Good faith entails that the social partners should be consulted at a national level.

Government member, France – I have the honour to speak on behalf of the European Union (EU) and its Member States. The candidate countries North Macedonia and Albania, and the European Free Trade Association countries Iceland and Norway, Members of the European Economic Area, align themselves with this statement.

The EU and its Member States are committed to the promotion, protection, respect and fulfilment of human rights, including labour rights.

We actively promote the universal ratification and implementation of the fundamental international labour standards. We support the ILO in its indispensable role to develop, promote and supervise the application of ratified international labour standards and of fundamental Conventions in particular.

The principle of equality and non-discrimination is a fundamental element of international human rights law. In the EU founding treaties and the constitutions of the EU Members, the prohibition of discrimination is a core principle. Convention No. 111 is the translation of this fundamental human right to the world of work, employment and occupation.

The EU and its Member States are long-term partners of Malawi. This partnership is further reinforced in the framework of our cooperation with the African Union (AU) and the Southern African Development Community (SADC), as well as in including Malawi among beneficiaries of the EU’s “Everything but Arms” scheme for least developed countries.

We are gravely concerned about observations of the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF) describing the systemic problem of gender-based violence and harassment, including rape and sexual harassment, on tea plantations faced by women mainly employed under seasonal, and hence precarious, contracts. We are also alarmed by reports of women being subject to sexual harassment in agriculture and other sectors.

We take note of the efforts to investigate the cases of sexual harassment on tea plantations, but fully share the IUF’s concern that the existing legal framework, as well as current initiatives, are not sufficient to eradicate gender-based violence and sexual harassment on tea plantations.

We urge the Government, in line with the Committee’s report, to undertake, in cooperation with social partners, an evaluation of the existing legal framework on sexual harassment and, in particular, to amend the definition of “sexual harassment” in section 6(1) of the GEA of 2013 to explicitly include hostile work environment harassment, as well as increase the capacity of the competent authorities, including labour inspectors, to prevent, identify and address cases of sexual harassment in employment and occupation, including on tea plantations. In addition, the procedures and remedies available to victims should be improved significantly in order to achieve justice. Prevention measures and awareness-raising campaigns on sexual harassment in employment and occupation, made in collaboration with the social partners, should also be strengthened. Given the seriousness of the issue, we also encourage the Government of Malawi to avail itself of ILO technical cooperation.

The EU and its Member States stand ready upon request from the Malawian Government to provide technical assistance to address the matters raised by the IUF. Malawi remains one of the priority countries covered by the EU and UN Spotlight Initiative, a multi-year partnership to eliminate all forms of violence against women and girls launched in September 2017. Under this initiative, Malawi has already benefited from over US$28 million in funding focused on a comprehensive prevention strategy that addresses the structural gender-based violence issues and links to sexual and reproductive health and rights.

The EU and its Member States remain committed to our close cooperation and partnership with Malawi and look forward to continuing joint efforts with the Government and the ILO.

Government member, Mozambique – The Government of Mozambique would like to thank the representative of the Government of Malawi for the clarification provided regarding the issues raised by the Committee of Experts on the implementation of the Convention. The information delivered in this session demonstrates the respect that the Government of Malawi has for this Committee and its commitment to fully answering the questions raised. The Government of Mozambique congratulates the Government of Malawi for showing openness with regard to clarifying the scope of the concepts contained in the Malawian GEA and for actions it has been taking to address sexual harassment in the workplace in general, and in the agricultural sector and the tea industry in particular. The Malawian Government is committed to working with its social partners to promote the protection of workers and recognizes that there is still room to improve its interventions in the prevention of violence and harassment in the workplace.

As a demonstration of this commitment, the Government of Malawi indicated that the ratification process for Convention No. 190 is under way. In this context, the Government of Mozambique recommends ILO technical assistance in creating the conditions for the effective implementation of this Convention after its ratification.

Employer member, Botswana – First of all, we must acknowledge the seriousness and importance of women, both at society level and especially in the workplace. Sexual harassment, indeed, does not have a place anywhere in our society. Every nation must strive for the protection of women and promotion of equality, equal opportunity and pay at work, and their safety, most importantly.

However, we have three observations on this case that we want to put across. First of all, the issue of dialogue, the need for technical assistance to establish, strengthen and promote the national structures, especially dialogue, to ensure that the tripartite structures are not a zero sum, must be emphasized here. Indeed, in the words of our Director-General, who is just ending his term of office, this is quite necessary.

The case in point demonstrates that there has not been any form of engagement or dialogue between the parties – which indeed cuts across the very fabric of our existence as the ILO.

Regarding the serious violations of the nature alleged by the workers’ association, the Government and employers alike must unite to establish the veracity of such allegations and ensure that they are dealt with correctly and decisively.

We observe that there has been the enactment of the GEA in Malawi, which is in itself a huge milestone towards achieving the very equality we want to promote if there is to be any inadequacies that are to be found. The tripartite actors must be the first to collectively engage to make sure that improvements are realized in the national structures of Malawi.

Substantive issues – it appears from the brief we have received that substantive issues have not been satisfactorily approached in this matter. These substantive issues, if put forward openly, should form the basis for improvement on procedures, policies and laws to prevent future recurrences. Most importantly, it appears from the brief, that the Government has done a lot in terms of awareness campaigns, investigations and other interventions; this in itself is commendable and must be applauded. We must be seen both in actions and perception to be respectful of the sovereignty of the local, independent dispute resolution mechanisms. In this case, it shows that internally we have not exhausted all measures to get to the bottom of these issues.

Social dialogue must be encouraged for the parties concerned to engage meaningfully on the matter and in this case, it would appear that there has not been any meaningful engagement at sectoral and national levels. We must only escalate issues to an international stage when these local remedies are either non-existent, ineffective or wilfully ignored and in this case, I see little effort from the parties to follow the said national guidelines and structures. It is not convincing here that the local remedies have not been thoroughly put to the test, thoroughly exhausted and have dismally failed.

Lastly, we note and observe that this matter has been double footnoted by the Committee of Experts in the classification status. Rightly so, because of the serious nature of the violations of women’s rights which we appreciate. But on the basis of what has been submitted so far on the floor in different forums, the classification has been a bit excessive. In this case, we firmly believe that this can be resolved at a national level and not at the stage where we are now.

Government member, Zimbabwe – The Government of Zimbabwe appreciates the interventions made by other delegates, especially the Workers’ and Employers’ groups. It also appreciates the information submitted by the Government of Malawi on the measures taken to address sexual harassment in general as requested by the Committee of Experts. Furthermore, it appreciates the measures that Malawi has been implementing to address sexual harassment against women in the tea industry with particular reference to policy guidelines and the establishment of committees mandated to deal with such issues, among other initiatives.

We note that tripartite constituents within the subregion had the opportunity to discuss the issues which form the subject of the discussion of today during the SADC employment and labour sector meeting held in March 2022. In the deliberations during the said SADC meeting, the ILO Decent Work Team in Pretoria offered to provide technical assistance through the engagement of the social partners in Malawi with a view to finding a solution to the issues in question at national level.

Accordingly, we submit that the social dialogue framework in Malawi assisted by the ILO Pretoria Decent Work Team should be given the opportunity to engage and establish an agreed framework in dealing with the issues under discussion.

Government member, United Kingdom of Great Britain and Northern Ireland – I am speaking on behalf of the United Kingdom and Canada. The United Kingdom and Canada strongly support the imperative to end sexual harassment and violence in all its forms in the workplace. We firmly stand for individual freedom, humanity and dignity, including the rights of women and girls. The United Kingdom and Canada welcome efforts in Malawi to fight sexual harassment and promote gender equality.

Effective safeguarding in both the public and private sectors are prerequisites for service delivery and economic development. We encourage all stakeholders in Malawi to intensify these efforts and encourage Malawi to request technical assistance from the ILO to further address these issues.

The United Kingdom and Canada are supportive of the existing work of the Malawi Human Rights Commission (MHRC) in this area and will look forward to engaging with the Government of Malawi, its institutions, social partners and the private sector through ILO mechanisms to address these concerns.

Government member, Zambia – The Government of Zambia notes the information supplied by the Government of Malawi relating to the various observations of the Committee of Experts. Zambia takes special notice of Malawi’s legal system and understands that it is a common law jurisdiction and that the term “reasonable person” is an unequivocal and well-understood principle to infer the requirement for the application of an objective assessment or standard when used.

Zambia takes note of Malawi’s commitment towards upholding tripartism to enhance protection of workers while acknowledging that there is scope to progressively and completely eradicate violence and harassment in the workplace. Zambia especially notes the information, with admiration, that the Government of Malawi has initiated the process of ratifying Convention No. 190 and implores the ILO to provide Malawi with the support it desires in this regard.

Government member, Eswatini – My delegation would like to recall that Member States which ratify this Convention undertake to declare and pursue a national policy designed to promote, by methods appropriate to national conditions and practice, equality of opportunity and treatment in respect of employment and occupation, with a view to eliminating any discrimination in respect thereof.

We would also like to draw the attention of the Committee to the provisions of Article 3 of the Convention, which provides that promotion of the acceptance and observance of the national policy for eliminating discrimination shall be pursued, by methods appropriate to national conditions and practice, with the cooperation of employers’ and workers’ organizations and other appropriate bodies.

What we wish to underline here is that this is a shared responsibility which requires discussion with the social partners.

We have had occasion to consider the information that has been provided by the Government of Malawi before the resumption of the sitting of this Committee as posted on its web page and the new information that has been presented by the Honourable Minister today. From the information supplied, we have taken note that, both through legislative and national policy instruments, Malawi has endeavoured to implement the Convention in both law and practice.

We also get the sense that the Government has serious intentions directed towards the full implementation of the Committee’s comments. The Government indicates being amenable to initiating the requisite consultative engagements with regard to those recommendations requiring legislative reforms and is availing itself of the ILO’s technical assistance in this respect and other areas of concern.

With the level of flexibility that has been demonstrated by the Government of Malawi, this delegation is of the considered view that technical assistance and support must be provided to the Government in order to address the areas of concern at a national level.

Worker member, Zimbabwe – I would want to highlight that this case was double footnoted, hence its automatic selection for discussion by this Committee. The double footnote alone speaks volumes regarding the fact that the Government of Malawi has not been sincere for years in taking measures to address issues of discrimination in employment and occupation and, in particular, matters to do with sexual harassment and gender-based violence against women.

Allow me to highlight some of the social, human and economic impacts of sexual harassment. When someone is sexually harassed, it leaves them feeling extremely threatened, humiliated and patronized. This also creates a threatening and intimidating work environment that makes the harassed person scared to even go back to work. The social and human costs of sexual harassment can be very high and, in the worst cases, women have committed suicide. Some families have divorced, creating problems for children. In all cases, it makes victims’ lives difficult, and it is even worse if the matters have received publicity.

The society we live in tends to frown upon victims and at times victims are blamed or accused of having started it. Women who are harassed are always made to feel at fault, and if they complain they may be dismissed or lose promotion prospects at the workplace or even be forced to resign.

Sexual harassment also has a detrimental effect on the workplace itself. As it affects workers’ morale, it makes them less efficient. Harassed people also suffer from mental stress and in countries like Malawi, where there is limited support or where there are weak or non-existent systems, it is quite crucial that the issue be looked at holistically.

If we are talking about decent work, then we must not allow acts of sexual violence in our society, as these deprive people of their dignity. Sexual violence and all forms of gender-based violence are a threat to equality, a threat to equal opportunities and a threat to safe, healthy, and productive working environments. We need to protect the dignity of our workers and stop creating threatening, hostile, insulting, humiliating or offensive situations in the workplaces.

Sexual harassment constitutes a violation of human rights and I call upon the Government of Malawi to go further than what they have done to implement the recommendations of the Committee of Experts and create an enabling environment for its workers and the people of Malawi. And it is quite crucial that they also set an example for the SADC region itself.

Although this discussion is centred only on Malawi, I would also want to buttress the importance of this discussion to be mentioned throughout the African region, where these problems of gender-based violence and non-compliance with the Conventions exist, and I hope the recommendations of this case will guide the entire SADC region and others beyond it.

Lastly, I call for the ratification of Convention No. 190 and its full implementation in the SADC region.

Worker member, Brazil – Sexual harassment and violence against women is a devastating blow to the personal and professional lives of millions of workers all over the world. It is unfathomable and reprehensible that the Government of Malawi is not taking seriously its obligations in that regard or the recommendations of the Committee on the matter.

For example, in a previous observation, the Committee asked the Government, among other things, to take the necessary steps to implement the strategy on equality and diversity in the public service management policy, and particularly to adopt legislative, executive and administrative measures to that end.

To that end, the Committee’s report this year notes that the Government has stated, among other things, that the Public Service Act is being reviewed in light of the GEA, in collaboration with the Malawi Human Rights Commission (MHRC). In that regard, the Committee asked the Government to provide information on the outcome of the review of the relevant legislation on the public sector and the actions taken in this respect. In its written information of 16 May 2022, the Government reports that the MHRC has reviewed the draft policies of various institutions to check consistency with the GEA. One of policies reviewed was that of the Department of Human Resource Management and Development (DHRMD), which covers the entire public service, which was validated on 18 May 2022. However, the Government does not explain or provide information about the review of the aforementioned Public Service Act. The Government must explain this point and, if it has not already done so, it must amend the Public Service Act to conform with the standards established by the GEA. In addition, in its written information of 16 May 2022, the Government, referring to the recommendation from the Committee of Experts, states that it will amend the definition of harassment in section 6(1) of the 2013 GEA and consult with the relevant stakeholders to consider the recommendation. However, we recall that the Committee made this recommendation back in 2014, so more than seven years have passed since then without the Government taking any steps at all. This appears to demonstrate that the Government is not taking either its international obligations or the recommendations of the Committee seriously. In these circumstances, how can we be expected to take the Government of Malawi’s latest promises seriously.

On the other hand, it is a positive sign that the Government also wishes to ratify the Violence and Harassment Convention, 2011 (No. 190), and is looking forward to ILO technical support. We hope that this support will materialize and that, in consultation with the social partners, this Convention is ratified and implemented in practice. This too requires a firm and genuine commitment from the Government to allocate sufficient financial resources to ensure the effective implementation of Convention No. 190 in practice.

Observer, International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF) – In August 2021, the IUF, together with five national unions of Malawi which are affiliated to us – representing workers in the hotel, food, catering, tobacco, sugar, commercial, industrial and plantation sectors – jointly submitted an observation to the Committee of Experts bringing its attention to the fact that gender-based violence and harassment was endemic in tea plantations in Malawi. Women workers are the most affected and they are then unable to exercise their rights under the Convention.

This observation was grounded on information from union members, reports, research papers and the material made public by the local and international media proving that sexual harassment is widespread in the country’s tea sector. There is massive evidence of the problem. I will quote just one more recent item.

On 27 May 2022, in an interview with the Malawi News Agency, the Head of Coordination and Capacity Building of the National AIDS Commission said that in tea estates issues of sexual abuse are high. “Reports indicate that trading sex for favours is one of the factors contributing to high transmission of HIV and AIDS in different workplaces”, he added. Following this statement, a representative of the Tea Association of Malawi Limited (TAML) said: “It is unfortunate to note that sex for work is still rampant in the estates”.

These are the voices from Malawi.

The situation described concerns not only tea workers; workers in agriculture and other sectors are also subject to gender-based discrimination, violence and harassment. But I have to make a clarification. We never produced a report. We have never produced a public report and it is wrong to consider our internal submission in this way; basically, workers decided to exercise the right in this case to bring the issue internally into the ILO system for discussion. But it was not an attempt to publicly accuse the Government of anything. It was an offer to start a dialogue.

We welcome the response of the Government, which explains in detail the efforts undertaken in the country to deal with the issues of discrimination. We appreciate the stated commitment of the Government to continue working in this direction. We believe that this is the right attitude for the country, whose economy is heavily dependent on the supply of tropical commodities for the international market.

Nevertheless, we remain convinced that these initiatives of the Government and the existing legal framework are not sufficient to eradicate the systemic problem of gender-based violence and sexual harassment on tea plantations.

We regret to note that the response provided by the Government contains a misunderstanding of the intentions of the unions and does not cover the critical areas where immediate action needs to be taken with a view to eliminating discrimination.

The women victims deserve justice and security. A person aggrieved because of sexual harassment need not exhaust internal procedures before civil proceedings can be instituted. The Government has an obligation to provide security for the victims and their families; but in this case the Government failed even to establish the names of victims.

Sexual harassment is a challenge for the tea sector and, in this context, we would like to repeat our request for independent research to better understand the causes of gender-based violence on tea plantations, including work arrangements and non-standard forms of work which make women vulnerable.

Finally, we believe a tripartite meeting is needed with assistance from the ILO to engage all parties, including companies and unions, in the development of sectoral policies for the elimination of gender-based violence and discrimination.

Government representative, Minister of Labour – We maintain our position that the phrase “reasonable person” refers to an objective bystander and not the harasser, as intimated in the report, and I want to explain a little bit regarding our position.

The considered view of the Government of Malawi is that, contrary to the Committee’s observation, the term “reasonable person” is appropriate for the reason that it introduces an objective test in reference to an outsider, not the harasser. The term “reasonable person” is used by the courts in Malawi, in both criminal and civil cases. Reference to the harasser as proposed by the Committee would introduce a subjective test approach to proving the offence under section 6(1) of the GEA. The subjective test standard would require that the prosecution should prove the harasser’s real state of mind at the time of the commission of the offence, while the objective test would look at the circumstantial evidence surrounding the harasser’s conduct. Using the subjective test, a defendant can escape liability by simply showing that they did not intend to commit the offence. The objective test looks at the risk that the defendant took in pursuing their chosen step. It is thus easier to prosecute an accused person using the objective test than using the subjective test which the Committee prefers. Accordingly, sexual harassment can be decisively dealt with using the “reasonable person” test currently employed by section 6(1) of the GEA, as opposed to the harasser’s standpoint as suggested by the Committee. We, however, welcome any engagement so that we come to a common understanding of the interpretation; that may include adding clarity to this section.

The two cases commenced in a foreign jurisdiction cannot be used as evidence to conclude that there is rampant and widespread sexual harassment in the tea industry. The claims remain as an allegation because, at the present time, these have not been proven, nor has a judgment been issued by the court in the United Kingdom. Hence, at present, the allegations in the cases remain unproven, and this cannot reasonably form the basis for concluding that consequently there is widespread sexual harassment in the industry.

Secondly, apart from the reference to the cases, no evidence or information on research or studies has been presented to the Government of Malawi, or its social partners, to substantiate the assertions being made by the IUF. We therefore maintain that the assertions by the IUF are a gross exaggeration, unfounded, incorrect, untrue and devoid of reality on the ground.

Regarding the judicial system, the courts in Malawi are internationally renowned and, in 2020, a total of 25 of our constitutional judges received the Chatham House Award. Such international recognition would not have been awarded if our judicial system was inadequate as alleged. Additionally, the conclusions claiming the inadequacy of our judicial system, which was manifestly bypassed in this case, should have been reached after efforts to get justice from that system on the issue at hand had failed. Secondly, the low numbers of women litigants are not surprising considering that, in percentage terms, women employers are fewer than men. However this, in itself, does not prove that the judicial system in Malawi is inadequate.

Regarding the exhaustion of national dialogue platforms, we join the Malawi Congress of Trade Unions (MCTU) and the Employers’ Consultative Association of Malawi (ECAM) in asserting that such allegations should have been discussed at national level with all the social partners because, as the Government, we believe in social dialogue. Only if we had an impasse or a stand-off, only then should the matters have been escalated to this Committee. The case in question is continuing, and the courts have not made yet a ruling.

The tea industry has over 60,000 employees. It is the second largest employer in Malawi. I cannot begin to explain the impact of the industry on our economy and my submission to your Committee today is that the Government of Malawi will do everything it can to ensure that the rights of all workers, especially women, are safeguarded.

Regarding information on the victims, the Government of Malawi does not have any information regarding the victims, but we only heard that about £3 million, if it is not dollars (US$), was awarded to the victims, but we do not know how much of that money was allocated to the purported victims, and so we cannot make any comment in that regard.

Employer members – The Employer members welcome the views shared by the delegates on this case. We note with concern, however, that the allegations which form the basis for today’s discussion were never brought to the attention of the social partners, especially the Employers’ Consultative Association of Malawi (ECAM). We believe this Committee should emphasize the importance of affording national structure and processes the opportunity to consider and remedy any allegations of breach of employees’ rights.

From the information submitted by the Government and ECAM, the judicial system in Malawi clearly has the capacity to address any issues of alleged workplace harassment and violence. Accordingly, we invite the Government to continue addressing the compliance issues in close consultation with the most representative employers’ and workers’ organizations and, where necessary, with technical assistance from the ILO, and to keep the Office informed of progress achieved.

We also encourage the Government to continue all other efforts in Malawi to ensure the protection of men and women against sexual harassment and hostile work environments.

Worker members – We note the comments of the Government of Malawi. Applause cannot silence the Committee of Experts’ observation and its classification of this case as a double-footnoted one. The Government of Malawi has an obligation to respect international labour standards, including with regard to the prohibition of discrimination in employment and occupation and sexual harassment, as contained in the Convention. The Worker members are very concerned that women workers in Malawi are not protected from rape, sexual assault, sexual harassment, coercion and discrimination in the workplace and that they do not enjoy effective access to remedies in Malawi. These horrific cases and their persistence indicate that the established procedures in Malawi at the local and national levels, while seeking to achieve justice and to ensure an end to sexual harassment on tea estates, are inadequate for victims of gender-based violence in the workplace. The situation calls for immediate action, and instead of being defensive, the Government of Malawi should cooperate. We call on the Government to undertake, in cooperation with the organizations of workers and employers, an evaluation of the existing legal framework on sexual harassment, and of the procedures and remedies available to victims, including a review of the extent to which women have access to the courts in Malawi. Such a review should aim at identifying existing gaps and risk factors and should result in designing effective intervention to strengthen the protection of women workers against sexual harassment. Such an assessment should then contribute towards reforming the judiciary, if needed, and increase access to the courts for women so that they can assert their rights, and also their access to remedies, including compensation. We call on the Government to seek ILO assistance to increase the capacity of the competent authorities, including the labour inspectorate, and to prevent, identify and address cases of sexual harassment in employment and occupation in line with the Convention. We urge the Government to adopt a gender-responsive approach to labour inspection. We also call on the Government to take immediate and active measures in accordance with section 7 of the GEA to ensure that employers have developed and are implementing appropriate policies and procedures aimed at eliminating sexual harassment in the workplace, which shall entitle all persons who have been subjected to sexual harassment in the workplace to raise a grievance about its occurrence and have the guarantee that appropriate disciplinary action will be taken against perpetrators. The Government should also provide information on the adoption of the sexual harassment workplace policy pursuant to section 7 of the GEA and its implementation.

Lastly, the Government should continue undertaking awareness-raising campaigns in collaboration with the social partners and it should provide information on the results of the evaluation and the action envisaged as a follow-up. The Government of Malawi must implement in law and practice the concrete and practical comments of the Committee of Experts contained in the report.

Conclusions of the Committee

The Committee took note of the written and oral information provided by the Government representative and the discussion that followed.

The Committee noted with deep concern the trade unions’ allegations of systematic sexual violence and harassment of women, including the rape, assault and discrimination suffered by women workers on tea and macadamia nut plantations.

Taking into account the discussion, the Committee urges the Government to take all necessary measures, in consultation with the social partners, to:

- ensure existing legislation on sexual harassment is in line with the Convention;

- organize dedicated tripartite discussions on the issue of sexual harassment and violence in the workplace with a view to taking further practical and concrete measures to ensure the effective protection of workers in this regard in law and practice;

- ensure effective access to and the effective functioning of national judicial and non-judicial mechanisms that consider allegations of breach of workers’ rights on grounds of discrimination, including sexual harassment and violence, and provide adequate legal remedies to victims;

- continue supporting existing initiatives undertaken by the Malawi Human Rights Commission and the Department of Human Resources Management and Development, including awareness-raising campaigns and the dissemination of the Sexual Harassment Workplace Policy and related guidelines to ensure that employers develop and implement effective workplace harassment policies.

The Committee urges the Government to continue to avail itself of ILO technical assistance to ensure full compliance with the Convention.

The Committee requests the Government to submit a report to the Committee of Experts by 1 September 2022 with information on the application of the Convention in law and practice, in consultation with the social partners.

Government representative – The Government of Malawi notes the observations of the Committee. As a woman and the Minister responsible for labour in the Government of Malawi, I can commit here before the entire Committee that we shall endeavour to promote and protect the rights of all workers, including women workers, from violence and harassment. We reiterate our position as submitted in our oral and written submissions. We will continue to work with our social partners to implement the recommendations made by the Committee. We also welcome the technical support from the ILO and the donor community.

The Government of Malawi will submit its report within the stated timelines.

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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:

Article 1 of the Convention. Sexual harassment. The Committee notes from the Government’s report that the revised draft Employment Act prohibits sexual harassment. The Committee however notes that no other information is provided in reply to its previous requests. The Committee therefore reiterates its request for the following: (a) copies of the laws and regulations providing for protection against sexual harassment, including a copy of the revised Employment Act when adopted, as well as information on their application in practice; (b) further details on the administrative mechanisms for addressing sexual harassment and information on the number of sexual harassment cases that have been handled through these mechanisms or through the courts or that have been reported by the labour inspectorate, including the remedies provided; and (c) copies of policies and collective agreements in which employers’ and workers’ organizations have addressed sexual harassment.

Scope of protection (self-employed persons, domestic workers and members of the armed forces, the prison service and the police). Recalling that the Employment Act does not apply to self-employed persons, the Committee notes the Government’s indication that these persons are protected against discrimination under the Constitution. The Committee requests the Government to provide full information on the manner in which the Constitution is applied in practice to prohibit and address discrimination against men and women who wish to enter into self-employed occupations and to ensure that they have access to services and facilities necessary for this purpose in line with the principle of equality of opportunity and treatment.

Further to its previous comments concerning the protection of domestic workers, members of the armed forces, the prison service and the police, the Committee notes from the Government’s report that while the employment of domestic workers falls within the scope of the Employment Act, the employment of the other categories of workers is governed by specific Acts. The Committee again requests the Government to provide copies of the regulations governing the employment of members of the armed forces, the prison service and the police as well as statistical information, disaggregated by sex, on the numbers of men and women that are engaged in these occupations. Please also provide information on any cases involving the application of the Convention in respect of these categories of workers that have been brought before national courts or relevant administrative bodies, including information on the final decisions and the remedies provided.

Equal access to vocational training. In the absence of the information solicited, the Committee reiterates its request for the following: (a) information on the measures taken or envisaged, including through career guidance, to encourage women to consider training which is less traditionally or typically “female”, as well as information on any other measures taken to correct de facto inequalities in education with a view to enhancing women’s access to productive employment and skills development; and (b) statistical data on the number of women who have entered non-traditional occupations as a result of their participation in the abovementioned training courses.

Article 3. Cooperation with employers’ and workers’ organizations. The Committee recalls its previous comments on the involvement of the social partners in the monitoring of the provisions of the Employment Act (2000) and the national policy on equality of opportunity and treatment. The Committee again requests the Government to provide details on the manner in which employers’ and workers’ organizations engage in these monitoring activities.

Parts III to V of the report form. The Committee notes the report of the Industrial Relations Court referring to a series of sensitization workshops, seminars and training designed to enhance people’s awareness about labour matters. The Committee also notes from the Government’s report that no judicial decisions have been given in respect of the application of the Convention, nor is any information available concerning relevant violations detected by labour inspection services. The Committee requests the Government to provide information on the awareness-raising activities carried out by the Industrial Relations Court and any other measures taken to raise public awareness about the principle of the Convention and the remedies available under national law in case of breaches of its provisions. It also requests detailed information on the activities carried out by the Industrial Relations Court in this regard. Please also provide information on the report of the Law Reform Commission in so far as it relates to the application of the principle of equality of opportunity and treatment along with a copy of the report.

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

While noting the Government’s indication that the President is committed to promoting the participation of women in higher positions, that women have been appointed to some ministerial positions and high-ranking posts in the public service, the Committee notes that the report does not contain replies to the specific issues raised in the Committee’s previous observation. The Committee therefore again requests the Government to provide information on the following:

(i)    the measures taken to address unequal access of women to training and education at all levels, together with statistical information on the participation of women in training and education;

(ii)   the measures taken or envisaged, especially with regard to the recruitment policy and further training policy, to achieve an overall increase in the participation of women in higher-level posts in the public service. In this regard, please also provide updated statistical information, disaggregated by sex, showing the progress made in ensuring equal access of women to public service employment at all levels; and

(iii)  the measures taken or envisaged to facilitate access to soft loans for rural women as a means of assisting them to run small businesses, thereby reducing unemployment and poverty. The Committee also requests information on the number of rural women who have benefited from credit facilities.

The Committee is raising other points in a request addressed directly to the Government.

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

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Article 1 of the Convention. Sexual harassment. The Committee notes from the Government’s report that the revised draft Employment Act prohibits sexual harassment. The Committee however notes that no other information is provided in reply to its previous requests. The Committee therefore reiterates its request for the following: (a) copies of the laws and regulations providing for protection against sexual harassment, including a copy of the revised Employment Act when adopted, as well as information on their application in practice; (b) further details on the administrative mechanisms for addressing sexual harassment and information on the number of sexual harassment cases that have been handled through these mechanisms or through the courts or that have been reported by the labour inspectorate, including the remedies provided; and (c) copies of policies and collective agreements in which employers’ and workers’ organizations have addressed sexual harassment.

Scope of protection (self-employed persons, domestic workers and members of the armed forces, the prison service and the police). Recalling that the Employment Act does not apply to self-employed persons, the Committee notes the Government’s indication that these persons are protected against discrimination under the Constitution. The Committee requests the Government to provide full information on the manner in which the Constitution is applied in practice to prohibit and address discrimination against men and women who wish to enter into self-employed occupations and to ensure that they have access to services and facilities necessary for this purpose in line with the principle of equality of opportunity and treatment.

Further to its previous comments concerning the protection of domestic workers, members of the armed forces, the prison service and the police, the Committee notes from the Government’s report that while the employment of domestic workers falls within the scope of the Employment Act, the employment of the other categories of workers is governed by specific Acts. The Committee again requests the Government to provide copies of the regulations governing the employment of members of the armed forces, the prison service and the police as well as statistical information, disaggregated by sex, on the numbers of men and women that are engaged in these occupations. Please also provide information on any cases involving the application of the Convention in respect of these categories of workers that have been brought before national courts or relevant administrative bodies, including information on the final decisions and the remedies provided.

Equal access to vocational training. In the absence of the information solicited, the Committee reiterates its request for the following: (a) information on the measures taken or envisaged, including through career guidance, to encourage women to consider training which is less traditionally or typically “female”, as well as information on any other measures taken to correct de facto inequalities in education with a view to enhancing women’s access to productive employment and skills development; and (b) statistical data on the number of women who have entered non-traditional occupations as a result of their participation in the abovementioned training courses. The Committee also refers to its comments under the Equal Remuneration Convention, 1951 (No. 100).

Article 3. Cooperation with employers’ and workers’ organizations. The Committee recalls its previous comments on the involvement of the social partners in the monitoring of the provisions of the Employment Act (2000) and the national policy on equality of opportunity and treatment. The Committee again requests the Government to provide details on the manner in which employers’ and workers’ organizations engage in these monitoring activities.

Parts III to V of the report form. The Committee notes the report of the Industrial Relations Court referring to a series of sensitization workshops, seminars and training designed to enhance people’s awareness about labour matters. The Committee also notes from the Government’s report that no judicial decisions have been given in respect of the application of the Convention, nor is any information available concerning relevant violations detected by labour inspection services. The Committee requests the Government to provide information on the awareness-raising activities carried out by the Industrial Relations Court and any other measures taken to raise public awareness about the principle of the Convention and the remedies available under national law in case of breaches of its provisions. It also requests detailed information on the activities carried out by the Industrial Relations Court in this regard. Please also provide information on the report of the Law Reform Commission in so far as it relates to the application of the principle of equality of opportunity and treatment along with a copy of the report.

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While noting the Government’s indication that the President is committed to promoting the participation of women in higher positions, that women have been appointed to some ministerial positions and high-ranking posts in the public service, the Committee notes that the report does not contain replies to the specific issues raised in the Committee’s previous observation. The Committee therefore again requests the Government to provide information on the following:

(i)    the measures taken to address unequal access of women to training and education at all levels, together with statistical information on the participation of women in training and education;

(ii)   the measures taken or envisaged, especially with regard to the recruitment policy and further training policy, to achieve an overall increase in the participation of women in higher-level posts in the public service. In this regard, please also provide updated statistical information, disaggregated by sex, showing the progress made in ensuring equal access of women to public service employment at all levels; and

(iii) the measures taken or envisaged to facilitate access to soft loans for rural women as a means of assisting them to run small businesses, thereby reducing unemployment and poverty. The Committee also requests information on the number of rural women who have benefited from credit facilities.

The Committee is raising other points in a request addressed directly to the Government.

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The Committee notes that the Government's report contains no reply to its previous comments.  It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

1. Sexual harassment. Article 1 of the Convention. The Committee notes the Government’s statement that sexual harassment in employment is prohibited through laws and covers both quid pro quo as well as hostile environment sexual harassment. It also notes the additional information provided with respect to the wide scope of protection and the fact that every organization has its own administrative mechanism for addressing sexual harassment in line with the laws of the country, the nationwide awareness-raising measures on sexual harassment, and the cooperation between employers’ and workers’ organizations to address the issue through policies and collective agreements. The Committee requests the Government to provide the following:

(a)   copies (with its next report) of the laws and regulations providing for the abovementioned protection against sexual harassment, as well as information on their application in practice;

(b)    further details on the abovementioned administrative mechanisms for addressing sexual harassment and information on the number of sexual harassment cases that have been handled through these mechanisms or through the courts or that have been reported by the labour inspectorate, including the remedies provided; and

(c)    copies of policies and collective agreements through which employers’ and workers’ organizations have addressed sexual harassment.

2. Scope of protection (self-employed persons, domestic workers and members of the armed forced, the prison service and the police). Further to its previous observation regarding the exclusion of self-employed persons from the protection of the Employment Act, the Committee notes the Government’s statement that it is difficult to address discrimination for self-employed persons because they own their own businesses. The Committee recalls that the Convention aims to protect men and women who wish to engage in self-employed occupations against laws, regulations or practices that prevent them from doing so based on the grounds set forth in Article 1(1)(a) of the Convention. The Committee therefore requests the Government to provide information on the measures taken or envisaged to prohibit and suppress discrimination against men and women who wish to enter into self-employed occupations, including information on measures to ensure equal opportunity and treatment with respect to access to services and facilities necessary for them to enter into self-employed occupations.

3. The Committee further notes that, according to the Government, No 3. Discrimination has been detected with regard to domestic workers and members of the armed forces, the prison service and the police, due to the fact that, in these cases, the merit procedures regarding recruitment, promotion, dismissal or any other disciplinary action, are being respected. The Committee requests the Government to provide copies of the laws and regulations governing the employment of domestic workers, members of the armed forces, the prison service and the police; and statistical information, disaggregated by sex, on the number of men and women who are engaged in the abovementioned occupations, as well as their corresponding level of employment.

4. Equal access to vocational training. Further to its observation, the Committee notes from the statistics on vocational training for the academic year 2004 that a number of women have enrolled in such courses as motor vehicle mechanics (33 per cent) carpentry and joinery (29 per cent), bricklaying (25.8 per cent) and welding (60 per cent). While welcoming these trends, the Committee also notes that women continue to be concentrated in stereotyped fields of study such as secretarial and bookkeeping. The Committee recalls the Government’s recognition under the National Gender Policy 2000-05 that the lack of career guidance has perpetuated women’s choices of traditionally female professions. The Committee requests the Government to provide:

(a)   information on measures taken or envisaged, including through career guidance, aimed at further encouraging women to consider training which is less traditionally or typically “female”, as well as any other measures taken to correct de facto inequalities in education with a view to enhancing women’s access to productive employment and skills development; and

(b)    statistical data on the number of women who have entered non-traditional occupations as a result of their participation in the abovementioned training courses.

5. Article 3. Cooperation with employers’ and workers’ organizations. With reference to its previous comments, the Committee notes the Government’s statement that employers’ and workers’ organizations monitor the provisions of the Employment Act (2000) and the national policy on equality of opportunity and treatment. It requests the Government to provide additional details on the manner in which the employers’ and workers’ organizations engage in these monitoring activities, and advocate the correction of practices regarded as in conflict with the Act and the national policy on equality, including the results achieved.

6. Practical application and Parts III and V of the report form. Enforcement. The Committee reiterates its request to the Government to provide information on the measures taken to promote the application of the Employment Act (2000), through public awareness campaigns or otherwise, with respect to the grounds of discrimination set forth in the Act. Please also include information on the manner in which the labour inspectorate is ensuring the application of the Act as well as information on any decisions taken by courts of law or tribunals involving questions of principle related to the application of the Convention, including the remedies provided.

7. The Committee notes that the report of the Law Reform Commission is still under review and the Government will send a copy of the report as soon as it is available.

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Equality of opportunity and treatment between men and women. The Committee notes the information provided by the Government concerning its efforts to correct disparities in educational opportunities for girls and boys. The Committee notes in particular that the measures taken to enhance the education system included gender equality considerations. The Committee requests the Government to continue to provide information on measures taken to address unequal access of women to training and education at all levels. In this regard, the Committee reiterates its request for information that would allow the Committee to appreciate the actual progress made, including statistical information on the participation of women in training and education. In addition, the Committee requests the Government to provide information on the following matters to which is has not yet replied:

(a)   the measures taken or envisaged, especially with regard to the recruitment policy and further training policy, to achieve an overall increase in the participation of women in higher level posts in the public service. In this regard, please also provide updated statistical information, disaggregated by sex, showing the progress made to ensure equal access of women to public service employment at all levels;

(b)   the measures taken or envisaged to facilitate access to soft loans for rural women as a means of assisting them to run small businesses, thereby reducing unemployment and poverty. The Committee also requests information on the number of rural women who have benefited from credit facilities.

The Committee is raising other matters in a request addressed directly to the Government.

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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. Article 1 of the Convention. Sexual harassment. The Committee notes the Government’s statement that sexual harassment in employment is prohibited through laws and covers both quid pro quo as well as hostile environment sexual harassment. It also notes the additional information provided with respect to the wide scope of protection and the fact that every organization has its own administrative mechanism for addressing sexual harassment in line with the laws of the country, the nationwide awareness-raising measures on sexual harassment, and the cooperation between employers’ and workers’ organizations to address the issue through policies and collective agreements. The Committee requests the Government to provide the following:

(a)   copies (with its next report) of the laws and regulations providing for the abovementioned protection against sexual harassment, as well as information on their application in practice;

(b)    further details on the abovementioned administrative mechanisms for addressing sexual harassment and information on the number of sexual harassment cases that have been handled through these mechanisms or through the courts or that have been reported by the labour inspectorate, including the remedies provided; and

(c)    copies of policies and collective agreements through which employers’ and workers’ organizations have addressed sexual harassment.

2. Scope of protection (self-employed persons, domestic workers and members of the armed forced, the prison service and the police). Further to its previous observation regarding the exclusion of self-employed persons from the protection of the Employment Act, the Committee notes the Government’s statement that it is difficult to address discrimination for self-employed persons because they own their own businesses. The Committee recalls that the Convention aims to protect men and women who wish to engage in self-employed occupations against laws, regulations or practices that prevent them from doing so based on the grounds set forth in Article 1(1)(a) of the Convention. The Committee therefore requests the Government to provide information on the measures taken or envisaged to prohibit and suppress discrimination against men and women who wish to enter into self-employed occupations, including information on measures to ensure equal opportunity and treatment with respect to access to services and facilities necessary for them to enter into self-employed occupations.

3. The Committee further notes that, according to the Government, no discrimination has been detected with regard to domestic workers and members of the armed forces, the prison service and the police, due to the fact that, in these cases, the merit procedures regarding recruitment, promotion, dismissal or any other disciplinary action, are being respected. The Committee requests the Government to provide copies of the laws and regulations governing the employment of domestic workers, members of the armed forces, the prison service and the police; and statistical information, disaggregated by sex, on the number of men and women who are engaged in the abovementioned occupations, as well as their corresponding level of employment.

4. Equal access to vocational training. Further to its observation, the Committee notes from the statistics on vocational training for the academic year 2004 that a number of women have enrolled in such courses as motor vehicle mechanics (33 per cent) carpentry and joinery (29 per cent), bricklaying (25.8 per cent) and welding (60 per cent). While welcoming these trends, the Committee also notes that women continue to be concentrated in stereotyped fields of study such as secretarial and bookkeeping. The Committee recalls the Government’s recognition under the National Gender Policy 2000-05 that the lack of career guidance has perpetuated women’s choices of traditionally female professions. The Committee requests the Government to provide:

(a)   information on measures taken or envisaged, including through career guidance, aimed at further encouraging women to consider training which is less traditionally or typically “female”, as well as any other measures taken to correct de facto inequalities in education with a view to enhancing women’s access to productive employment and skills development; and

(b)    statistical data on the number of women who have entered non-traditional occupations as a result of their participation in the abovementioned training courses.

5. Article 3. Cooperation with employers’ and workers’ organizations. With reference to its previous comments, the Committee notes the Government’s statement that employers’ and workers’ organizations monitor the provisions of the Employment Act (2000) and the national policy on equality of opportunity and treatment. It requests the Government to provide additional details on the manner in which the employers’ and workers’ organizations engage in these monitoring activities, and advocate the correction of practices regarded as in conflict with the Act and the national policy on equality, including the results achieved.

6. Parts III and V of the report form. Practical application and enforcement. The Committee reiterates its request to the Government to provide information on the measures taken to promote the application of the Employment Act (2000), through public awareness campaigns or otherwise, with respect to the grounds of discrimination set forth in the Act. Please also include information on the manner in which the labour inspectorate is ensuring the application of the Act as well as information on any decisions taken by courts of law or tribunals involving questions of principle related to the application of the Convention, including the remedies provided.

7. The Committee notes that the report of the Law Reform Commission is still under review and the Government will send a copy of the report as soon as it is available.

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

1. Equality of treatment between men and women. Articles 1 and 3 of the Convention. The Committee recalls its previous observation which, among other issues, addressed the low number of managerial posts held by women in the public service (11.2 per cent at the P2/S2 ranks and 10.38 per cent in the P3/S3 ranks), the very high adult female illiteracy rate (71 per cent) and the low level of education, especially of rural women, and the discrimination they face in accessing productive resources that would improve their working and living conditions. These issues had also been the subject of comments raised by the International Confederation of Free Trade Unions (ICFTU) in 2002. The Committee had noted the Government’s reply that it was committed to reaching a target of 30 per cent of women in political and decision-making structures by 2005. It also noted the Government’s efforts to correct disparities in educational opportunities for girls and boys such as, among others, the girls’ attainment of basic literacy and education (GABLE) programme, and providing credit facilities to rural women. The Committee would appreciate receiving further information on the implementation of the abovementioned initiatives, including the results achieved.

2. Access of women to the public service. Further to its observation on Convention No. 100, the Committee notes from the new civil service job grades and salary structure that the managerial positions P4/S4 and above now correspond to grades “E” to “A”. The Committee also notes the Government’s explanations that the statistics of July 2004 show that women in managerial positions from P4/S4 and above total 14 per cent. However, it must observe that this information merely confirms previous figures without providing further details on the specific measures taken to promote women’s employment in those public service posts in which they are under-represented, and to reach the target of 30 per cent. The Committee recalls the importance of the State’s responsibility in pursuing a policy of equality of opportunity and treatment in respect of employment under its control. It therefore requests the Government to indicate in its next report the measures taken or envisaged, especially with regard to its recruitment policy and further training policy, to achieve an overall increase in the participation of women in higher level posts in the public service. Please also provide statistical information, disaggregated by sex, on the results obtained.

3. Equality of opportunity and treatment with respect to productive resources. With respect to access of rural women farmers to productive resources, the Committee notes that the National Association for Business Women (NABW) has trained 15,000 women in rural and urban areas on how to run small businesses and that the Foundation for International Community Assistance (FINCA) has assisted women in rural areas by providing them with soft loans as a way of reducing unemployment and poverty. While welcoming the abovementioned initiatives, the Committee also notes from the information submitted by the Malawi Congress of Trade Unions (MCTU), dated 26 December 2004, on Convention No. 100, that rural women face tough loan conditions, especially from FINCA, a situation which is, however, denied by the Government in its reply received on 14 October 2005. It asks the Government to provide information on the measures taken or envisaged to facilitate access to soft loans for rural women and to continue to supply information on the number of rural women who have benefited from the abovementioned credit facilities. Please also provide information on any other measures taken or envisaged to enhance equal opportunity and treatment for rural women in productive employment, and the results achieved.

4. Access to education. The Committee notes the Government’s statement that it is continuing the GABLE programme and that a number of girls have been admitted to university under its policy to facilitate women’s admission to university. Noting that the Government intends to supply the statistical data requested on women’s and girls’ educational attainment and on the results achieved of its programmes to correct disparities in education for girls and boys, the Committee trusts that such statistics will be included in the Government’s next report.

The Committee is raising other and related points in a request addressed directly to the Government.

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

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1. Article 1 of the Convention. Sexual harassment. The Committee notes the Government’s statement that sexual harassment in employment is prohibited through laws and covers both quid pro quo as well as hostile environment sexual harassment. It also notes the additional information provided with respect to the wide scope of protection and the fact that every organization has its own administrative mechanism for addressing sexual harassment in line with the laws of the country, the nationwide awareness-raising measures on sexual harassment, and the cooperation between employers’ and workers’ organizations to address the issue through policies and collective agreements. The Committee requests the Government to provide the following:

(a)  copies (with its next report) of the laws and regulations providing for the abovementioned protection against sexual harassment, as well as information on their application in practice;

(b)  further details on the abovementioned administrative mechanisms for addressing sexual harassment and information on the number of sexual harassment cases that have been handled through these mechanisms or through the courts or that have been reported by the labour inspectorate, including the remedies provided; and

(c)  copies of policies and collective agreements through which employers’ and workers’ organizations have addressed sexual harassment.

2. Scope of protection (self-employed persons, domestic workers and members of the armed forced, the prison service and the police). Further to its previous observation regarding the exclusion of self-employed persons from the protection of the Employment Act, the Committee notes the Government’s statement that it is difficult to address discrimination for self-employed persons because they own their own businesses. The Committee recalls that the Convention aims to protect men and women who wish to engage in self-employed occupations against laws, regulations or practices that prevent them from doing so based on the grounds set forth in Article 1(1)(a) of the Convention. The Committee therefore requests the Government to provide information on the measures taken or envisaged to prohibit and suppress discrimination against men and women who wish to enter into self-employed occupations, including information on measures to ensure equal opportunity and treatment with respect to access to services and facilities necessary for them to enter into self-employed occupations.

3. The Committee further notes that, according to the Government, no discrimination has been detected with regard to domestic workers and members of the armed forces, the prison service and the police, due to the fact that, in these cases, the merit procedures regarding recruitment, promotion, dismissal or any other disciplinary action, are being respected. The Committee requests the Government to provide copies of the laws and regulations governing the employment of domestic workers, members of the armed forces, the prison service and the police; and statistical information, disaggregated by sex, on the number of men and women who are engaged in the abovementioned occupations, as well as their corresponding level of employment.

4. Equal access to vocational training. Further to its observation, the Committee notes from the statistics on vocational training for the academic year 2004 that a number of women have enrolled in such courses as motor vehicle mechanics (33 per cent) carpentry and joinery (29 per cent), bricklaying (25.8 per cent) and welding (60 per cent). While welcoming these trends, the Committee also notes that women continue to be concentrated in stereotyped fields of study such as secretarial and bookkeeping. The Committee recalls the Government’s recognition under the National Gender Policy 2000-05 that the lack of career guidance has perpetuated women’s choices of traditionally female professions. The Committee requests the Government to provide:

(a)  information on measures taken or envisaged, including through career guidance, aimed at further encouraging women to consider training which is less traditionally or typically "female", as well as any other measures taken to correct de facto inequalities in education with a view to enhancing women’s access to productive employment and skills development; and

(b)  statistical data on the number of women who have entered non-traditional occupations as a result of their participation in the abovementioned training courses.

5. Article 3. Cooperation with employers’ and workers’ organizations. With reference to its previous comments, the Committee notes the Government’s statement that employers’ and workers’ organizations monitor the provisions of the Employment Act (2000) and the national policy on equality of opportunity and treatment. It requests the Government to provide additional details on the manner in which the employers’ and workers’ organizations engage in these monitoring activities, and advocate the correction of practices regarded as in conflict with the Act and the national policy on equality, including the results achieved.

6. Parts III and V of the report form. Practical application and enforcement. The Committee reiterates its request to the Government to provide information on the measures taken to promote the application of the Employment Act (2000), through public awareness campaigns or otherwise, with respect to the grounds of discrimination set forth in the Act. Please also include information on the manner in which the labour inspectorate is ensuring the application of the Act as well as information on any decisions taken by courts of law or tribunals involving questions of principle related to the application of the Convention, including the remedies provided.

7. The Committee notes that the report of the Law Reform Commission is still under review and the Government will send a copy of the report as soon as it is available.

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Equality of treatment between men and women

1. Articles 1 and 3 of the Convention. The Committee recalls its previous observation which, among other issues, addressed the low number of managerial posts held by women in the public service (11.2 per cent at the P2/S2 ranks and 10.38 per cent in the P3/S3 ranks), the very high adult female illiteracy rate (71 per cent) and the low level of education, especially of rural women, and the discrimination they face in accessing productive resources that would improve their working and living conditions. These issues had also been the subject of comments raised by the International Confederation of Free Trade Unions (ICFTU) in 2002. The Committee had noted the Government’s reply that it was committed to reaching a target of 30 per cent of women in political and decision-making structures by 2005. It also noted the Government’s efforts to correct disparities in educational opportunities for girls and boys such as, among others, the girls’ attainment of basic literacy and education (GABLE) programme, and providing credit facilities to rural women. The Committee had requested further information on the implementation of the abovementioned initiatives, including the results achieved.

2. Access of women to the public service. Further to its observation on Convention No. 100, the Committee notes from the new civil service job grades and salary structure that the managerial positions P4/S4 and above now correspond to grades "E" to "A". The Committee also notes the Government’s explanations that the statistics of July 2004 show that women in managerial positions from P4/S4 and above total 14 per cent. However, it must observe that this information merely confirms previous figures without providing further details on the specific measures taken to promote women’s employment in those public service posts in which they are under-represented, and to reach the target of 30 per cent. The Committee recalls the importance of the State’s responsibility in pursuing a policy of equality of opportunity and treatment in respect of employment under its control. It therefore requests the Government to indicate in its next report, the measures taken or envisaged, especially with regard to its recruitment policy and further training policy, to achieve an overall increase in the participation of women in higher level posts in the public service. Please also provide statistical information, disaggregated by sex, on the results obtained.

3. Equality of opportunity and treatment with respect to productive resources. With respect to access of rural women farmers to productive resources, the Committee notes that the National Association for Business Women (NABW) has trained 15,000 women in rural and urban areas on how to run small businesses and that the Foundation for International Community Assistance (FINCA) has assisted women in rural areas by providing them with soft loans as a way of reducing unemployment and poverty. While welcoming the abovementioned initiatives, the Committee also notes from the information submitted by the Malawi Congress of Trade Unions (MCTU), dated 26 December 2004, on Convention No. 100, that rural women face tough loan conditions, especially from FINCA, a situation which is, however, denied by the Government in its reply received on 14 October 2005. It asks the Government to provide information on the measures taken or envisaged to facilitate access to soft loans for rural women and to continue to supply information on the number of rural women who have benefited from the abovementioned credit facilities. Please also provide information on any other measures taken or envisaged to enhance equal opportunity and treatment for rural women in productive employment, and the results achieved.

4. Access to education. The Committee notes the Government’s statement that it is continuing the GABLE programme and that a number of girls have been admitted to university under its policy to facilitate women’s admission to university. Noting that the Government intends to supply the statistical data requested on women’s and girls’ educational attainment and on the results achieved of its programmes to correct disparities in education for girls and boys, the Committee trusts that such statistics will be included in the Government’s next report.

The Committee is raising other and related points in a request addressed directly to the Government.

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1. The Committee notes the information provided in the National Gender Policy 2000-05, which states that lack of career guidance perpetuates women’s choices of traditional female professions; in addition, curricula in the institutions have not been made fully gender sensitive. The Committee also notes the commitment of the Government to improve women’s educational level and technical occupational training through the vocational training colleges under the Ministry. The Committee recalls that training is of fundamental importance in that it determines the actual possibilities of gaining access to employment and occupation; therefore, it urges the Government to take specific measures to enhance women’s participation in skill development and vocational training.

2. Noting the information provided in the Government’s report that the Employment Act was adopted after consultation with the social partners, the Committee would like to recall that the promotion of equality of opportunity and treatment in employment and occupation is aimed at an ongoing process in the course of which the national equality policy must continually be adjusted to the changes that it brings about in society. One of the underlying principles of such policy is that it has to be conceived and developed in cooperation with employers’ and workers’ organizations. Therefore, the Committee asks the Government to provide information on the roles of employers’ and workers’ organizations in the implementation of the discrimination provisions in the new Employment Act and of the policy of equality of opportunity and treatment.

3. The Committee notes that the Government indicated that the report on the Law Reform Commission would be sent under separate cover through UNDP. The Committee notes that it has not yet been received and trusts that the Government will supply it within the next reporting period.

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The Committee notes the information contained in the Government’s report and the attached documentation. It also notes the comments by the International Confederation of Free Trade Unions (ICFTU) of 6 February 2002, the Government’s response to these comments and the ICFTU’s further clarifications of 9 October 2002.

1. In its previous comment the Committee raised its concern over the small percentage of women occupying positions of responsibility in the civil service. In its comments the ICFTU indicates that only 5 per cent of the managerial positions are held by women, and that access to more secure and higher paid employment is greatly restricted for women. The Committee notes that the statistical data supplied by the Government show women’s participation in managerial positions in the civil service to be low but to have increased since 1995 to be 11.02 per cent for positions at the P2/S2 ranks and 10.38 per cent for the P3/S3 ranks. The Committee further notes the Government’s response to the comments made by the ICFTU indicating its commitment, together with the Southern African Development Community (SADC), to reach a target of 30 per cent of women in the political and decision-making structures by the year 2005. Therefore, the Committee asks the Government to indicate the measures taken to reach this target and to supply statistical data on the results obtained.

2. The Committee notes that according to the ICFTU women rural farmers constitute the majority of working poor and face discrimination in access to productive resources that would improve their living and working conditions. It notes that the National Gender Policy 2000-05 states that "women remain largely absent at all levels of policy-making project formulation and management of natural resources and the environment". However, the Committee also notes the information in the Government’s reply concerning a project by the Freedom Foundation Trust, whose patron is Malawi’s First Lady, with the Malawi Rural Finance Company to provide credit facilities to rural women. The Committee would appreciate receiving further information on this initiative and on any other concrete measures taken or envisaged to enhance equal opportunity and treatment for rural women in productive employment, and on the results achieved by these measures.

3. The Committee notes the information provided in the National Gender Policy 2000-05 that adult female illiteracy is estimated at 71 per cent, while that of men is 52 per cent; that the drop-out rate of girls is still high compared to boys, so that in the final year of primary school only 25 per cent of the students are girls; and that girls still concentrate in stereotyped fields of study such as nursing, teaching, secretarial training and home economics. The Committee also notes the ICFTU comments that point out the low level of education of rural women. The Committee notes the efforts of the Government to correct disparities in education opportunities for girls and boys. It notes with interest the Girls Attainment of Basic Literacy and Education (GAMBLE) programme, the change in policy to allow pregnant girls to go back to school after childbirth, the inclusion of gender training courses for teachers, and the policy to facilitate women’s admission to university. The Committee hopes the Government will continue to provide statistical data on women and girls’ educational attainment and to indicate the results achieved through the abovementioned programmes. It also requests the Government to indicate whether it envisages taking additional measures to correct de facto inequalities in education which is expected to improve literacy skills of women and to enhance their potential in respect of economic productivity and equal access to training, skill development and jobs.

4. The Committee notes the adoption of the new Employment Act, 2000, which in section 5 bans discrimination "against any employee or prospective employee on the grounds of race, colour, sex, language, religion, political or other opinion, nationality, ethnic or social origin, disability, property, birth, marital or other status or family responsibility, in respect of recruitment, training, promotion, terms and conditions of employment, termination of employment or other matters arising out of the employment relationship". The Committee also notes section 2 of the same Act that defines the scope of application of the Act, and requests the Government to indicate the manner in which protection is afforded in law and practice against discrimination in occupation for self-employed persons, for domestic workers, and for members of the armed forces, the prison service and the police. The Committee also asks the Government to indicate the measures taken to promote application of the law in practice, for women and men as well as on the other grounds set forth in the new Act, including with respect to public information, labour inspection and other enforcement activities.

The Committee is raising other points in a request addressed directly to the Government.

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The Committee notes the information contained in the Government’s report and the attached documentation.

1.  The Committee notes with interest the Government’s statement that the prohibition of night work and underground work for women was deleted from the final draft of the Employment Bill after the social partners determined that it was up to women themselves to decide on the matter. Noting that the International Labour Conference, at its 88th Session (June 2000), was informed by the Minister of Labour and Vocational Training that the Bill, adopted by the National Assembly in March 2000, had been endorsed by the President of the Republic, it requests the Government to supply a copy of the text adopted by Parliament. It also requests the Government to supply the conclusions of the report of the Law Reform Commissioner subsequent to his or her review of legislation that discriminates against women, as soon as it is available.

2.  The Committee notes the Government’s statement that there is no discrimination in recruitment and selection and notes the Government’s example that both sexes are equitably represented in the composition of the Government as well as in posts of responsibility in the civil service and that women are members of the Tripartite Labour Advisory Council, the Wages Advisory Board and the Industrial Relations Court. In this context, the Committee duly notes the explanations provided by the Government in regard to grades S8/P8-S6/P6 in the civil service, from which it emerges that, contrary to the Committee’s understanding, these grades are in fact at the bottom of the salary scale. In the light of these explanations, it appears clearly that the higher the level of responsibility, the fewer women there are. Hence, according to the table supplied by the Government, in 1995, grades S2/P4 and above contained 4.6 per cent of women as against 9.5 per cent at grade S5/P5 and 19.3 per cent at grades S8/P8-S6/P6. It therefore reiterates the hope that the Government will supply in its next report specific information on programmes implemented or envisaged for the purpose of developing the employment of women in the civil service, particularly at the highest levels, and that it will indicate whether positive results in this direction have already been obtained.

3.  The Committee draws the Government’s attention to the fact that, apart from sex, Convention No. 111 prohibits discrimination in employment or occupation made on the basis of six other criteria - race, colour, religion, political opinion, national extraction and social origin - and therefore requests it to indicate what specific measures are taken or envisaged to ensure non-discrimination based on these other criteria in regard to recruitment and selection for the posts under its control.

4.  Although the State’s responsibility in pursuit of a policy of equality of opportunity and treatment in regard to employment subject to its control is fundamental, the State also has an obligation, under Article 3(a) and (b) of the Convention, to secure the acceptance and observance of this policy in the private sector and to cooperate with employers and workers in promoting acceptance and observance of the policy. The Committee therefore requests the Government to supply information on specific promotional activities undertaken or envisaged in order to encourage the acceptance and observance of the Convention. The Government is also requested to provide information on the roles of employers’ and workers’ organizations in the implementation of the policy of equality of opportunity and treatment.

5.  With regard to measures taken to narrow the gap between education attainment levels of boys and girls, the Committee notes the Government’s affirmation that it is making efforts in this direction. The Committee notes in particular the Girls’ Attainment for Basic Literacy Education (GABLE), part of the social mobilization campaign project launched by the Ministry of Gender, Youth and Community Services. In addition to the campaign against illiteracy, this activity endeavours to bring awareness to the community of the importance of education for girls and has enabled the Government to introduce free education for all girls who have successfully progressed from primary to secondary education. It also observes that the Ministry is running an adult literacy programme which, to date, has made over 600,000 adults literate, of whom 86 per cent are women. Finally, according to the Government’s report, a special system has been initiated which is designed to increase the number of girls entering university, under which the number of points required for admission is different for girls and for boys. The information in the Government’s report, however, shows that the number of points required for admission to university is higher for girls (29 points) than for boys (26 points). The Committee therefore requests the Government to provide clarification on the exact manner in which this system operates.

6.  Noting that the statistics on participation by women in occupations traditionally chosen by men are still not available, the Committee trusts that the Government will supply the relevant information as soon as it is available. It notes, however, the Government’s statement that it encourages women to choose occupations traditionally considered to be male occupations, such as engineering. The Committee wishes to emphasize again the importance of training and also of vocational guidance, in that they affect real possibilities for access to jobs and occupations particularly since discrimination in access to training is perpetuated and accentuated later at the level of employment and occupation. It therefore requests the Government to indicate what specific measures are taken or envisaged to increase participation by girls in occupational training, including technical occupational training traditionally chosen by boys.

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The Committee notes the information provided in the Government's report and the attached documentation.

1. The Committee thanks the Government for supplying a copy of the draft Employment Act. It notes with interest that section 4 of the draft would prohibit discrimination on, inter alia, all the grounds listed in Article 1(a) of the Convention, and that section 5 requires the payment of equal remuneration for work of equal value. The Committee draws the Government's attention to sections 21 and 22 of the draft Employment Act concerning night work and underground work for women workers and invites it to review these provisions of the draft, in consultation with the social partners and women workers, to determine whether it is still necessary to prohibit their access to certain occupations in light of the 1990 Protocol to Convention No. 89 concerning night work for women, 1948, Convention No. 171 on night work, 1990, Convention No. 176 on safety and health in mines, 1995, and its accompanying Recommendation, and the provisions of the 1985 ILO resolution on equal opportunities between men and women in employment and occupation, in accordance with Article 5 of the Convention. The Committee would be grateful to receive a copy of the draft Act when adopted. The Committee also understands that the Law Reform Commissioner has undertaken a review of legislation that discriminates against women and has proposed legislation to bring the law into compliance with the constitutional standards. The Committee would be grateful if the Government would provide, in its next report, detailed information on the above initiative, particularly as it relates to equality in employment and occupation and training institutions.

2. With regard to the national machinery to promote the advancement of women, the Committee notes that a Ministry for Women, Youth and Social Services has been established within the Government, as stated by the Government in one of its earlier reports. The Committee would be grateful if, in its next report, the Government would provide details on the mandates, plans of action and activities of the Ministry and the National Commission on Women in Development (NCWID), and if it would continue to supply information on other organizations, such as the National Association of Business Women (NABW) in relation to the application of the Convention and the constitutional provisions on gender equality.

3. Concerning measures to combat discrimination in employment and occupation, the Committee notes from the Government's report that it encourages employers not to discriminate in their recruitment and selection activities. The Committee requests the Government to provide further details on the nature and the scope of these measures and the results achieved.

4. As for equal access for men and women to training institutions, the Committee notes from the report that educational qualifications are considered the guiding criterion when selecting candidates for admission. While no direct discrimination may exist in terms of access to training institutions, women may be inappropriately equipped in terms of general or vocational education as compared to men. In this regard, the Committee refers to the information provided in the NABW report, attached to the Government's report, that 71 per cent of women are illiterate. Within the terms of the Convention, access to training, including the elimination of illiteracy, should be promoted without discrimination on the basis of sex, race, colour, national extraction, political opinion, religion or social origin. The Committee would therefore be grateful if the Government would provide information in its next report in the form of statistics or otherwise on measures taken to narrow the gap between education attainment levels of boys and girls, and to enhance women's participation in training institutions through, for example, adult literacy programmes and out-of-school education for women, flexible training schedules or general awareness-raising campaigns to increase girls' education and training.

5. With regard to the training of women for trades traditionally selected by men and their participation in training and retraining abroad, the Committee reminds the Government of its intention to provide in the near future the relevant data once these have been collected and published by the National Statistical Office. The Committee recalls that labour statistics are an invaluable tool to monitor effectively the national policy in place to eliminate discrimination and promote equal opportunity and treatment.

6. In reply to its request for recent data on women's participation in the civil service, the Committee notes the tables transmitted by the Government on the percentage distribution of civil servants by grade, sex and level of education. It also notes the policy of the Government to recruit more women for posts of responsibility in the public service. In the absence of a legend clarifying the attached statistical tables, the Committee understands that the grades S8/P8-S6/P6 and above refer to senior positions and notes the progress made in the percentage of women occupying these positions as compared to 1993. However, the tables show that in general the total proportion of women in the civil service is still very low (25 per cent) as compared to their male counterparts (75 per cent) and that women make up less than 5 per cent in the highest administrative position. It therefore requests the Government to continue to provide detailed information on the progress made in this regard and to indicate whether programmes designed to promote further employment of women in the civil service have been envisaged or implemented and whether concrete results have been obtained in this direction.

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1. The Committee notes that the Government has made use of the technical assistance of the Office with regard to the drafting of a new Employment Bill dealing with individual workers' rights. It notes that a preliminary draft of that legislation was sent to the Government in March 1997 and that this draft contains in sections 4 and 5, respectively, provisions on non-discrimination and equal pay. The Committee requests the Government to inform it of progress in the adoption of this new Employment Bill.

2. 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 concerning the elimination of sex discrimination raised in its previous direct request, which read as follows:

(...)

2. With regard to the participation of women in self-employment, the Committee notes from the report that women's associations, such as the National Commission for Women in Development (NCWID) and the National Association of Business Women (NABW) are very active in promoting the interests of women, including women in rural areas. The Committee would be grateful to receive information on the activities of these organizations, such as extracts from reports on their activities or other publications related to the application of the Convention.

3. The Committee notes from the report that the Government is currently strengthening measures to combat discrimination in employment, occupation and training institutions. The Committee would be grateful if the Government would provide details in its next report on the nature and scope of these measures and the results achieved with regard to the application in practice of the constitutional provisions on equality and the Convention.

4. With regard to the training of women, particularly for trades traditionally selected by men, and their participation in training and retraining courses abroad, the Committee notes that awareness campaigns for women on these matters are being organized by the Government through the media and training and educational institutions. The Committee also notes that the statistical data requested in this respect will be provided in the near future once the National Statistical Office has collected and published them, which it has not done for the past four years.

5. In reply to its request for information (including statistics) on the specific measures taken to increase the proportion of women in the public service, which is currently very low, particularly in positions of responsibility, the Committee notes that the Government has undertaken a census in the sector and that the results of the census will enable it to provide recent data to evaluate the progress achieved. The Committee hopes that the Government will be in a position to provide such data with its next report.

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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. Further to its previous comments concerning women's participation in the public sector and self-employment, the Committee notes with interest that, according the Government's report, both the public and private sectors have responded positively to government efforts to increase participation of women in national development and that the situation of women has improved significantly in various sectors such as agriculture, health and self-employment.

With regard to self-employment, the Committee notes that, according to a survey recently conducted by the Ministry of Trade and Industry, 45 per cent of all small and medium enterprises (SME) were owned by women and that 33 per cent of the beneficiaries of SME loans were women. It also notes the activities to assist women undertaken by the Ministry of Labour under the auspices of the National Commission on Women in Development (NCWID), the Chitukuko Cha M'Malawi (CCAM) and other organizations responsible for promoting the integration of women in the socio-economic development process, particularly in the rural and self-employment sectors. The Committee asks the Government in its future reports to continue to supply information on the activities of the above-mentioned organizations and the results obtained in increasing women's participation in self-employment.

With regard to the public sector, the Committee takes note of the Government's statement that, in the civil service, since 1991 women have been taking higher responsibility. It notes, however, from the statistics of the number of administrative managers in the civil service for the period 1988 to 1993, that the proportion of women is still very low and that progress over the period was scant: in 1988, the number of women throughout all categories was 16 as opposed to 198 men, i.e. 8 per cent; and in 1993, 21 women as opposed to 193 men, i.e. only 10.8 per cent. The Committee would be grateful if, in its next report, the Government would provide information on specific measures taken to remedy the situation of women in this respect, together with recent statistics enabling it to evaluate progress made.

With regard to apprentices, the Committee notes the Government's indication that there has recently been greater interest among girls to train as apprentices in trades which are traditionally dominated by men, such as mechanical engineering, electricity, carpentry, general fitting, etc. It notes, however, from the statistics of the number of persons trained under the apprenticeship scheme for the period 1988 to 1993, that although the number of female trainee applicants and the number of trained females have more than doubled over the period, they are still low by comparison with the number of men. In 1988 there were 29 female applicants out of a total of 8,197, and nine women received training out of a total of 415 trainees, i.e. 0.3 per cent and 2 per cent respectively; and in 1992, there were 82 female candidates out of a total of 7,835, and 25 women received training out of a total of 435, i.e. 1 per cent and 5.8 per cent respectively. The Committee asks the Government to continue to provide information on the measures taken, and progress made, to encourage enterprises to employ more women either as apprentices or as entrants to the labour market, particularly in respect of the above-mentioned trades.

2. With regard to training, the Committee notes the Government's statement that it has engaged in a widespread public campaign for women to take up the challenge of national development and to take a greater interest in relevant subjects so that they may equally compete with males in trades traditionally dominated by men. It adds, however, that it will be difficult to take up this challenge, in view of traditional preferences for occupation on sex lines. The Committee asks the Government to indicate the measures taken or envisaged and the results obtained, to promote a more positive attitude to women's abilities and aspirations and to encourage them to undergo training for jobs in which men are traditionally in the majority.

The Committee notes from the statistics supplied by the Government on the number of persons in the civil service who have undergone international training during the period 1988 to 1993, that the proportion of women as opposed to men is very low in all courses, except in nursing where women are in the majority. It also notes the Government's statement that it is taking appropriate steps to compile data on employment and training disaggregated by sex. The Committee hopes that the next report will contain such data and that the Government will continue to provide information on the measures taken, and the results obtained, to increase the participation of women in training in general, and in training and retraining courses abroad.

3. With regard to placement, the Committee notes from the statistics of jobseekers supplied by the Ministry of Labour for the period 1987 to 1990, that in 1987 out of a total of 23,892 jobseekers, 1,824 were women, i.e. 7.6 per cent, and that out of 11,615 persons placed, 625 were women, i.e. 5.3 per cent. It also notes that during this period the number of female jobseekers and the number of females placed have increased steadily, rising from 1,824 in 1987 to 2,205 in 1990 as regards jobseekers, and from 625 to 946 for women who were actually placed. The Committee refers to Article 3(e) of the Convention, and asks the Government to provide detailed information on the manner in which placement services ensure the application of the policy of non-discrimination and on the means of action available to such services and their users when enterprises prefer to recruit men in certain jobs rather than women with the same or higher qualifications who meet all the other requirements for the job.

4. Please provide detailed information on the measures taken to promote the national policy on equality of opportunity and treatment in respect of employment and occupation without distinction as to political opinion, national extraction, religion and social origin, with regard to: (a) access to vocational training; (b) access to employment and to particular occupations; (c) terms and conditions of employment.

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1. The Committee notes the information provided in the report in reply to its previous comments concerning the equality of women in employment and training.

2. With regard to the participation of women in self-employment, the Committee notes from the report that women's associations, such as the National Commission for Women in Development (NCWID) and the National Association of Business Women (NABW) are very active in promoting the interests of women, including women in rural areas. The Committee would be grateful to receive information on the activities of these organizations, such as extracts from reports on their activities or other publications related to the application of the Convention.

3. The Committee notes from the report that the Government is currently strengthening measures to combat discrimination in employment, occupation and training institutions. The Committee would be grateful if the Government would provide details in its next report on the nature and scope of these measures and the results achieved with regard to the application in practice of the constitutional provisions on equality and the Convention.

4. With regard to the training of women, particularly for trades traditionally selected by men, and their participation in training and retraining courses abroad, the Committee notes that awareness campaigns for women on these matters are being organized by the Government through the media and training and educational institutions. The Committee also notes that the statistical data requested in this respect will be provided in the near future once the National Statistical Office has collected and published them, which it has not done for the past four years.

5. In reply to its request for information (including statistics) on the specific measures taken to increase the proportion of women in the public service, which is currently very low, particularly in positions of responsibility, the Committee notes that the Government has undertaken a census in the sector and that the results of the census will enable it to provide recent data to evaluate the progress achieved. The Committee hopes that the Government will be in a position to provide such data with its next report.

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The Committee notes the information and statistics provided by the Government in reply to its previous direct request.

1. Further to its previous comments concerning women's participation in the public sector and self-employment, the Committee notes with interest that, according the Government's report, both the public and private sectors have responded positively to government efforts to increase participation of women in national development and that the situation of women has improved significantly in various sectors such as agriculture, health and self-employment.

With regard to self-employment, the Committee notes that, according to a survey recently conducted by the Ministry of Trade and Industry, 45 per cent of all small and medium enterprises (SME) were owned by women and that 33 per cent of the beneficiaries of SME loans were women. It also notes the activities to assist women undertaken by the Ministry of Labour under the auspices of the National Commission on Women in Development (NCWID), the Chitukuko Cha M'Malawi (CCAM) and other organizations responsible for promoting the integration of women in the socio-economic development process, particularly in the rural and self-employment sectors. The Committee asks the Government in its future reports to continue to supply information on the activities of the above-mentioned organizations and the results obtained in increasing women's participation in self-employment.

With regard to the public sector, the Committee takes note of the Government's statement that, in the civil service, since 1991 women have been taking higher responsibility. It notes, however, from the statistics of the number of administrative managers in the civil service for the period 1988 to 1993, that the proportion of women is still very low and that progress over the period was scant: in 1988, the number of women throughout all categories was 16 as opposed to 198 men, i.e. 8 per cent; and in 1993, 21 women as opposed to 193 men, i.e. only 10.8 per cent. The Committee would be grateful if, in its next report, the Government would provide information on specific measures taken to remedy the situation of women in this respect, together with recent statistics enabling it to evaluate progress made.

With regard to apprentices, the Committee notes the Government's indication that there has recently been greater interest among girls to train as apprentices in trades which are traditionally dominated by men, such as mechanical engineering, electricity, carpentry, general fitting, etc. It notes, however, from the statistics of the number of persons trained under the apprenticeship scheme for the period 1988 to 1993, that although the number of female trainee applicants and the number of trained females have more than doubled over the period, they are still low by comparison with the number of men. In 1988 there were 29 female applicants out of a total of 8,197, and nine women received training out of a total of 415 trainees, i.e. 0.3 per cent and 2 per cent respectively; and in 1992, there were 82 female candidates out of a total of 7,835, and 25 women received training out of a total of 435, i.e. 1 per cent and 5.8 per cent respectively. The Committee asks the Government to continue to provide information on the measures taken, and progress made, to encourage enterprises to employ more women either as apprentices or as entrants to the labour market, particularly in respect of the above-mentioned trades.

2. With regard to training, the Committee notes the Government's statement that it has engaged in a widespread public campaign for women to take up the challenge of national development and to take a greater interest in relevant subjects so that they may equally compete with males in trades traditionally dominated by men. It adds, however, that it will be difficult to take up this challenge, in view of traditional preferences for occupation on sex lines. The Committee asks the Government to indicate the measures taken or envisaged and the results obtained, to promote a more positive attitude to women's abilities and aspirations and to encourage them to undergo training for jobs in which men are traditionally in the majority.

The Committee notes from the statistics supplied by the Government on the number of persons in the civil service who have undergone international training during the period 1988 to 1993, that the proportion of women as opposed to men is very low in all courses, except in nursing where women are in the majority. It also notes the Government's statement that it is taking appropriate steps to compile data on employment and training disaggregated by sex. The Committee hopes that the next report will contain such data and that the Government will continue to provide information on the measures taken, and the results obtained, to increase the participation of women in training in general, and in training and retraining courses abroad.

3. With regard to placement, the Committee notes from the statistics of jobseekers supplied by the Ministry of Labour for the period 1987 to 1990, that in 1987 out of a total of 23,892 jobseekers, 1,824 were women, i.e. 7.6 per cent, and that out of 11,615 persons placed, 625 were women, i.e. 5.3 per cent. It also notes that during this period the number of female jobseekers and the number of females placed have increased steadily, rising from 1,824 in 1987 to 2,205 in 1990 as regards jobseekers, and from 625 to 946 for women who were actually placed. The Committee refers to Article 3(e) of the Convention, and asks the Government to provide detailed information on the manner in which placement services ensure the application of the policy of non-discrimination and on the means of action available to such services and their users when enterprises prefer to recruit men in certain jobs rather than women with the same or higher qualifications who meet all the other requirements for the job.

4. Please provide detailed information on the measures taken to promote the national policy on equality of opportunity and treatment in respect of employment and occupation without distinction as to political opinion, national extraction, religion and social origin, with regard to: (a) access to vocational training; (b) access to employment and to particular occupations; (c) terms and conditions of employment.

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1. Noting that Articles 2 and 3 of the Convention require the continuous application of a policy to promote equality of opportunity and treatment in employment and occupation, the Committee requests the Government to provide detailed information on the measures taken to promote equality of opportunity and treatment on the grounds of political opinion, national extraction, religion and social origin and the results achieved with regard to: (a) access to vocational training; (b) access to employment and to particular occupations; (c) terms and conditions of employment; and (d) security of employment.

2. 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:

(a) With respect to its previous comments concerning the activities of the National Commission for Women, the Committee notes with interest the participation of representatives from both the public and private sectors in the Employment Subcommittee and the recommendations of this Subcommittee concerning the promotion of women in employment in the public sector and in self-employment. The Committee requests the Government to provide information on the results of these initiatives in terms of increasing women's participation rates in the public sector and in self-management.

The Committee also notes the studies which have been recommended by the Employment Subcommittee concerning appropriate technology for food processing and rural housing, efficient use of energy such as from wood, kiosks for women vendors and development of a cooperative spirit among women such as in the raising of pigs in rural areas. The Committee would be grateful if the Government would indicate whether these studies have been undertaken and provide copies upon their completion.

The Committee would also ask the Government to continue to provide information on the activities and proposals of the National Commission of Women or its subcommittees in the field of women's employment and to report on progress achieved in this respect.

(b) The Committee notes with interest that a provision for paid maternity leave of 90 days has been incorporated in the terms and conditions of the public service and that the principle, with some modification, has been incorporated in the employment practices of various employers in the private sector. The Committee would be grateful if the Government would attach copies of the relevant public service regulations and personnel policies containing these provisions with its next report.

(c) With regard to its previous comment concerning the apprenticeship scheme, the Committee notes that more men than women are trained and gain entry to jobs through this programme because traditionally such occupations are preferred by males. In this connection, the Committee would draw the Government's attention to paragraphs 82 and 83 of its 1988 General Survey on Equality in Employment and Occupation wherein it noted that discriminatory practices in respect of access to training rarely originate in provisions or regulations that are expressly of a discriminatory nature; more commonly they arise out of practices that are based on stereotypes affecting mainly women. In view of the importance of apprenticeship the Committee stressed in its Survey that special attention ought to be given to measures for encouraging the recruitment of apprentices regardless of sex and for apprentices of one sex to be trained in occupations traditionally performed by persons of the other sex. The Committee asks the Government to provide information on any measures contemplated or taken to promote the training and recruitment of women, as well as men, in occupational areas traditionally dominated by men, including measures taken in placement services.

(d) With regard to its previous comments concerning the adoption of a policy to eliminate discrimination and promote equality, the Committee notes from the report that through the application of the Government's policy, which gives no reference to any discrimination criteria other than qualifications as regards manpower development and utilization, the number of women in vocational training institutions and paid self-employment is increasing and the terms and conditions of work are improving for women. It also notes from the Government's report that statistics on placement services and training programmes are not disaggregated according to sex. It would draw the Government's attention to the importance of collecting such statistical data in order to monitor and evaluate the implementation of policies or measures to eliminate discrimination and promote equality in accordance with the Convention. The Committee recalls its previous comments and once again underlines the need for continuous action in order to promote equality of opportunity and treatment in employment and occupation (see paragraph 240 of the 1988 General Survey on Equality in Employment and Occupation). It asks the Government to continue to provide information on the Government's policy and hopes it will be able to cite instances of progress, through the disaggregation of statistical information on the basis of sex in employment and training.

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The Committee notes the information supplied in the report of the Government in reply to its previous direct request.

1. With respect to its previous comments concerning the activities of the National Commission for Women, the Committee notes with interest the participation of representatives from both the public and private sectors in the Employment Subcommittee and the recommendations of this Subcommittee concerning the promotion of women in employment in the public sector and in self-employment. The Committee requests the Government to provide information on the results of these initiatives in terms of increasing women's participation rates in the public sector and in self-management.

The Committee also notes the studies which have been recommended by the Employment Subcommittee concerning appropriate technology for food processing and rural housing, efficient use of energy such as from wood, kiosks for women vendors and development of a cooperative spirit among women such as in the raising of pigs in rural areas. The Committee would be grateful if the Government would indicate whether these studies have been undertaken and provide copies upon their completion.

The Committee would also ask the Government to continue to provide information on the activities and proposals of the National Commission of Women or its subcommittees in the field of women's employment and to report on progress achieved in this respect.

2. The Committee notes with interest that a provision for paid maternity leave of 90 days has been incorporated in the terms and conditions of the public service and that the principle, with some modification, has been incorporated in the employment practices of various employers in the private sector. The Committee would be grateful if the Government would attach copies of the relevant public service regulations and personnel policies containing these provisions with its next report.

3. With regard to its previous comment concerning the apprenticeship scheme, the Committee notes from the Government's report that more men than women are trained and gain entry to jobs through this programme because traditionally such occupations are preferred by males. In this connection, the Committee would draw the Government's attention to paragraphs 82 and 83 of its 1988 General Survey on Equality in Employment and Occupation wherein it noted that discriminatory practices in respect of access to training rarely originate in provisions or regulations that are expressly of a discriminatory nature; more commonly they arise out of practices that are based on stereotypes affecting mainly women. In view of the importance of apprenticeship the Committee stressed in its survey that special attention ought to be given to measures for encouraging the recruitment of apprentices regardless of sex and for apprentices of one sex to be trained in occupations traditionally performed by persons of the other sex. The Committee asks the Government to provide information on any measures contemplated or taken to promote the training and recruitment of women, as well as men, in occupational areas traditionally dominated by men, including measures taken in placement services.

4. With regard to its previous comments concerning the adoption of a policy to eliminate discrimination and promote equality, the Committee notes from the report that through the application of the Government's policy, which gives no reference to any discrimination criteria other than qualifications as regards manpower development and utilisation, the number of women in vocational training institutions and paid self-employment is increasing and the terms and conditions of work are improving for women. It also notes from the Government's report that statistics on placement services and training programmes are not disaggregated according to sex. It would draw the Government's attention to the importance of collecting such statistical data in order to monitor and evaluate the implementation of policies or measures to eliminate discrimination and promote equality in accordance with the Convention. The Committee recalls its previous comments and once again underlines the need for continuous action in order to promote equality of opportunity and treatment in employment and occupation (see paragraph 240 of the 1988 General Survey on Equality in Employment and Occupation). It asks the Government to continue to provide information on the Government's policy and hopes it will be able to cite instances of progress, through the disaggregation of statistical information on the basis of sex in employment and training.

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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 the information provided by the Government in its report for the period 1 July 1986 to 30 June 1988.

1. In its 1987 direct request, the Committee noted the institution of a National Committee on Women's Employment, chaired by the Minister of Labour and including representatives of the President's Office, the Ministries of Justice, of Community Services, of Economic Planning and Development, as well as of employers' and workers' organisations and that this committee had undertaken studies on different aspects of women in society, relating to subjects such as women and employment, women and development, women in agriculture, and has undertaken a presentation of forward-looking strategies. The Committee of Experts requested the Government to provide detailed information on the activities of the National Committee on Women's Employment, including particulars on the scope of its activities, its powers, the studies undertaken, and the strategies adopted, in particular in the field of women's employment, as well as on the progress already made.

The Committee notes from the Government's most recent report that there is established within the National Commission for Women, an employment subcommittee whose responsibility is to explore ways and means of creating employment opportunities for women in both the public and private sectors in various occupations and that the committee has so far made a number of recommendations to the Government, such as the extension of paid maternity leave up to 90 days and adoption of certain technologies to be employed by women in food processing.

The Committee requests the Government to provide detailed information on the activities of the National Commission for Women and its employment subcommittee, including particulars on the scope of their activities, their powers, studies undertaken by them and their strategies, in particular in the field of women's employment. The Committee also asks for particulars on progress already made by these committees including, as regards the employment subcommittee, the recommendations made to the Government proposing extension of paid maternity leave up to 90 days and adoption of certain technologies to be employed by women in food processing.

2. The Committee notes that the Government's indication that it operates, through the Ministry of Labour, an apprenticeship scheme where both employers' and workers' organisations are represented and that the Government has established a free placement service and a number of vocational training institutions accessible to any jobseeker or trainee in various occupational levels without any discrimination.

The Committee asks the Government to provide more detailed information on the operations and activities of the apprenticeship scheme, placement service and vocational training institutions, including those economic and geographic sectors served by these services and statistics describing characteristics (sex, race, religion, etc.) of users of the services, and, in particular, what measures have been taken to prevent discrimination on the basis of sex, religion, political opinions, national extraction or social origin, among users of these services and what measures have been taken to promote equality of opportunity to users of these services without discrimination on the bases mentioned above.

3. The Committee refers to paragraphs 15 and 240 of its 1988 General Survey on Equality of Opportunity in Employment, where it pointed out the positive and continuous nature of the measures to be taken in pursuance of the national policy under Articles 2 and 3 of the Convention and the need for detailed information on the various aspects of this continuous action. The Committee requests again the Government to supply in its next report information on all steps taken for the effective promotion of equality of opportunity and treatment irrespective of sex, religion, political opinion, national extraction or social origin and on the results secured with regard to:

(a) access to vocational training;

(b) access to employment and to particular occupations;

(c) terms and conditions of employment.

In this connection, the Government is more particularly requested to indicate the measures taken to promote equality of opportunity and treatment:

(i) in employment, vocational training and occupational guidance under a national authority;

(ii) through legislation and educational programmes;

(iii) in co-operation with employers' and workers' organisations and other appropriate bodies.

CMNT_TITLE

The Committee notes the information provided by the Government in its report for the period 1 July 1986 to 30 June 1988.

1. In its 1987 direct request, the Committee noted the institution of a National Committee on Women's Employment, chaired by the Minister of Labour and including representatives of the President's Office, the Ministries of Justice, of Community Services, of Economic Planning and Development, as well as of employers' and workers' organisations and that this committee had undertaken studies on different aspects of women in society, relating to subjects such as women and employment, women and development, women in agriculture, and has undertaken a presentation of forward-looking strategies. The Committee of Experts requested the Government to provide detailed information on the activities of the National Committee on Women's Employment, including particulars on the scope of its activities, its powers, the studies undertaken, and the strategies adopted, in particular in the field of women's employment, as well as on the progress already made.

The Committee notes from the Government's most recent report that there is established within the National Commission for Women, an employment subcommittee whose responsibility is to explore ways and means of creating employment opportunities for women in both the public and private sectors in various occupations and that the committee has so far made a number of recommendations to the Government, such as the extension of paid maternity leave up to 90 days and adoption of certain technologies to be employed by women in food processing.

The Committee requests the Government to provide detailed information on the activities of the National Commission for Women and its employment subcommittee, including particulars on the scope of their activities, their powers, studies undertaken by them and their strategies, in particular in the field of women's employment. The Committee also asks for particulars on progress already made by these committees including, as regards the employment subcommittee, the recommendations made to the Government proposing extension of paid maternity leave up to 90 days and adoption of certain technologies to be employed by women in food processing.

2. The Committee notes that the Government's indication that it operates, through the Ministry of Labour, an apprenticeship scheme where both employers' and workers' organisations are represented and that the Government has established a free placement service and a number of vocational training institutions accessible to any jobseeker or trainee in various occupational levels without any discrimination.

The Committee asks the Government to provide more detailed information on the operations and activities of the apprenticeship scheme, placement service and vocational training institutions, including those economic and geographic sectors served by these services and statistics describing characteristics (sex, race, religion, etc.) of users of the services, and, in particular, what measures have been taken to prevent discrimination on the basis of sex, religion, political opinions, national extraction or social origin, among users of these services and what measures have been taken to promote equality of opportunity to users of these services without discrimination on the bases mentioned above.

3. The Committee refers to paragraphs 15 and 240 of its 1988 General Survey on Equality of Opportunity in Employment, where it pointed out the positive and continuous nature of the measures to be taken in pursuance of the national policy under Articles 2 and 3 of the Convention and the need for detailed information on the various aspects of this continuous action. The Committee requests again the Government to supply in its next report information on all steps taken for the effective promotion of equality of opportunity and treatment irrespective of sex, religion, political opinion, national extraction or social origin and on the results secured with regard to:

(a)access to vocational training;

(b)access to employment and to particular occupations;

(c)terms and conditions of employment.

In this connection, the Government is more particularly requested to indicate the measures taken to promote equality of opportunity and treatment:

(i)in employment, vocational training and occupational guidance under a national authority;

(ii)through legislation and educational programmes;

(iii)in co-operation with employers' and workers' organisations and other appropriate bodies.