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Article 1 of the Convention and Part V of the report form. National policy and practical application of the Convention. In its previous comments, the Committee noted that, while the Malawi Multiple Indicator Cluster Survey, 2006 indicated that the total child labour rate had decreased, the relevant legislation was not strongly enforced and a significant number of persons under 14 continued to work. The Committee also noted the implementation of the ILO–IPEC country programme to combat child labour in Malawi, which featured four action programmes. The Committee further noted the Government’s information that a National Action Plan (NAP) on child labour was under development.

The Committee notes the Government’s statement that it will work, along with the social partners, to enforce the legislation (particularly Employment Act No. 6 of 2000 (Employment Act)) for the purpose of eliminating the employment of children below 14 years. The Committee also notes the information in the
ILO–IPEC Technical Progress Report of 18 March 2010, for the project “Support to the National Action Plan to Combat Child Labour in Malawi” (SNAP project TPR) that the National Child Labour Policy and the NAP on the elimination of child labour were concluded and presented to the Government in December 2009. The SNAP project TPR also indicates that the National Policy would be tabled in Parliament and the NAP was due for adoption in the Principal Secretaries meeting. This document further indicates that the Ministry of Labour continues to set aside specific funds for child labour through the Child Labour Unit, which allocates these funds to district level child labour activities. In addition, a baseline survey on child labour in Malawi was initiated in February 2010 within the framework of the SNAP project, in consultation with the National Statistics Office. The Committee further notes the information in the Government’s reply to the list of issues raised by the Committee on the Rights of the Child (CRC) of 9 January 2009, that a law enforcement training manual was developed for police, social welfare officers, child labour officers and magistrates on how deal with cases of child labour (CRC/C/MWI/Q/2/Add.1, paragraph 64).

Nonetheless, the Committee notes the statement in the SNAP project TPR that the Government is moving slowly in the final adoption of the national policy and NAP even though these have been adopted at ministerial level. The Committee also notes that the Malawi Multiple Indicator Cluster Survey, 2006 indicates that approximately 33.6 per cent of all persons between the ages of
5 and 14 (1.4 million children) are involved in economic activity in Malawi. The Committee expresses its concern at the considerable number of children under 14 who are engaged in economic activity. It once again urges the Government to redouble its efforts to ensure the progressive abolition of child labour, and the enforcement of the relevant legislation. In this regard, it urges the Government to take the necessary measures to ensure the adoption and implementation of the NAP and asks the Government to supply a copy of it as soon as it is adopted. Lastly, the Committee encourages the Government to continue its collaboration with ILO–IPEC in the development of a baseline survey, and to provide the results of this survey when they are available.

Article 2(1). Scope of application. In its previous comments, the Committee noted that the Employment Act is applicable only where there is an employment contract or labour relationship and does not cover self-employment. It reminded the Government that the Convention covers all types of employment or work, whether there is a contract of employment or not. Following consultation on this subject, the Government indicated that the social partners were unclear as to how the Employment Act could be applied to self-employed children, particularly those who work on family farms or accompany their parents to work as tenants. The Committee therefore drew the Government’s attention to possible alternatives for providing self-employed children the protection of the Convention, including the elaboration of legislation specifically to ensure children’s rights or by strengthening the labour inspectorate in sectors where children are often self-employed, such as the commercial agricultural sector. In this regard, the Committee noted the ILO–IPEC information that there had been no progress made in the past ten years in the adoption of the Tenancy Labour Bill, a Bill which establishes a minimum age for employment in the tobacco sector and provides for frequent inspections of tobacco estates. The Committee therefore urged the Government to take measures to ensure that the Tenancy Labour Bill was adopted without delay.

The Committee notes the Government’s statement that the applicability of the Employment Act to self-employed persons remains a challenge. The Government indicates that it has taken note of the alternatives that could be pursued, and that it will consider these options. The Committee also notes the Government’s indication that the Tenancy Labour Bill has been finalized technically and is awaiting Cabinet approval (prior to submission to Parliament). Nonetheless, the Government indicates that it has a considerable backlog of legislation to deal with. The Committee further notes the information in the SNAP project TPR that the discussion of the Tenancy Labour Bill in Parliament in 2010 will be a positive development for the welfare and protection of children at risk of child labour. In this regard, the Committee notes that the CRC, in its concluding observations of 27 March 2009, expressed concern that many children between 15–17 are engaged in work that is considered as hazardous, especially in the tobacco and tea estate sector (which continues to be a major source of child labour) (CRC/C/MWI/CO/2, paragraph 66). The Committee therefore expresses its concern that the Tenancy Labour Bill has yet to be adopted and urges the Government to take the necessary measures to ensure the adoption of the Bill in the very near future. It hopes that, in adopting the Tenancy Labour Bill, the labour inspection component concerning children working in the commercial agricultural sector on their own account will be strengthened. In this regard, the Committee requests the Government to strengthen its efforts to adapt and strengthen the labour inspection services, in order to ensure that the protection established by the Convention is applied to all self-employed working children.

Article 3(1). Minimum age for admission to hazardous work. In its previous comments, the Committee noted a discrepancy between article 23 of the Constitution, which provides for protection from dangerous work for children below the age of 16 years, and section 22(1) of the Employment Act, which, in accordance with the Convention, lays down a minimum age of 18 years for work that is likely to be harmful to their health, safety, education, morals or development, or prejudicial to their attendance in school. This issue was discussed at a tripartite meeting in 2005, where it was agreed by all social partners that there was a need to harmonize the provisions of the national laws. Subsequently, this issue was presented to the Malawi Law Commission for consideration, and the Commission recommended that the age stipulated under article 23 of the Constitution be raised to 18 years of age. The Committee encouraged the Government to take the necessary measures to ensure that this Constitutional Amendment was adopted in the near future.

The Committee notes the Government’s statement that discussions on the review of the Constitution, including article 23, are still ongoing. Observing that the discrepancy between section 22(1) of the Employment Act and article 23 of the Constitution has been under discussion since 2005, the Committee urges the Government to take the necessary measures to ensure that the recommended amendment to article 23 of the Constitution is adopted in the very near future, in conformity with Article 3(1) of the Convention.

Article 3(2). Determination of types of hazardous work. The Committee previously noted that, in the implementation of section 22(2) of the Employment Act, the Minister can, in consultation with appropriate organizations of employers and employees, specify, by a notice published in the Gazette, occupations or activities which, in his opinion, are likely to be: (a) harmful to the health, safety, education, morals or development of persons between the ages of 14–18 years; or (b) prejudicial to their attendance at school or any other vocational or training programme. In this regard, the Government indicated that it had consulted with the social partners and had conducted consultative workshops in 11 districts in the country. The Committee noted that the final draft list of types of hazardous work was produced and ready for submission to the Ministry of Justice. The Committee urged the Government to adopt this list in the near future.

The Committee notes the Government’s information that the final draft list has been submitted to the Ministry of Justice. The Committee therefore once again urges the Government to take the necessary measures to ensure that the draft list of types of hazardous work is adopted without delay. It requests the Government to provide a copy of this list as soon as it is adopted.

Article 9(3). Keeping of registers by employers. The Committee previously noted that section 23 of the Employment Act stipulates that every employer is required to maintain a register of persons aged below 18 years employed by, or working for, him/her. However, the Committee also noted the indication of the Malawi Trade Unions Congress (MCTU) that some estates did not have registers, particularly in commercial agriculture. The Committee noted the Government’s indication that labour inspectors have demanded labour registers when inspecting any workplace and, where no such register exists, the owner is advised to purchase one which is available at the government press or any bookshop. The Government indicated that the applicable parliamentary Act still did not have a model register, that the registers available at the government press are general and that employers use different formats. Nonetheless, the Government indicated that following discussions with the social partners, it was resolved to develop standard templates for various legislative prescriptions, including a model for a labour register. The Committee expressed the hope that this model register would be in conformity with Article 9(3) of the Convention.

The Committee notes the information in the Government’s report that the draft model register will be finalized before the end of the year, and that this draft will be submitted to the Tripartite Labour Advisory Council for adoption. In this regard, the Committee reminds the Government that, pursuant to Article 9(3) of the Convention, the registers kept by employers shall contain the names and ages or dates of birth, duly certified wherever possible, of persons whom they employ, or who work for them, and who are less than 18 years of age. The Committee requests the Government to take the necessary measures to ensure the elaboration and adoption of a model register of employment, in conformity with Article 9(3) of the Convention. It requests the Government to supply a copy of the model register as soon as it is adopted.

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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 2, paragraph 1, of the Convention. 1. Scope of application. In its previous comments, the Committee had noted that, according to various provisions of the Employment Act No. 6 of 2000 (Employment Act), in particular section 3, which defines the term “employee”, this Act is applicable only where there is an employment contract or labour relationship. The Committee had observed that section 3 of this Act, which defines the term “workplace” as “any premises in which, or within, the close or curtilage or precincts of which, one or more persons are employed”, and section 4, which provides that this Act shall apply to all workplaces as defined in section 3, do not cover self-employment. The Committee had noted the Government’s indication that it will consult with all stakeholders to solicit their views for a possible review of the laws. The Committee had recalled that the Convention covers all types of employment or work, whether under a labour relationship or contract of employment or not, including work done on a self-employed basis.

The Committee notes the Government’s information that the social partners and other stakeholders have discussed the issue of extending the coverage of the Employment Act to self-employed workers, including children. However, the Government indicates that the social partners were unclear as to how the Employment Act could be applied to self-employed children, particularly to those who work on family farms or accompany their parents to work as tenants. The Committee draws the Government’s attention to the fact that, in addition to modifying the Employment Act to include its application to self-employed workers, other alternatives may also be envisaged to ensure that self-employed children benefit from the protection of the Convention, such as elaborating legislation specifically to ensure children’s rights or strengthening the action of the labour inspectorate to sectors of the economy where children are often self-employed, such as the commercial agricultural sector in which according to the summary outline for the ILO/IPEC programme on the elimination of child labour in Mzimba, 52.6 per cent of child labourers are found. In this regard, the Committee notes that, according to the summary outline for the ILO/IPEC action programme entitled “Employers’ Fight Against Child Labour in the Tobacco Sector” of 2007, there has been no progress made in the past ten years in the adoption of the Tenancy Bill, which includes provisions that could help in eliminating child labour from the tobacco sector by providing for the inspection of estates as often and thoroughly as necessary and which establishes a minimum age for employment in the sector. The Committee notes that the ILO/IPEC action programme targets policy-makers in the tobacco sector and the Government, so as to advocate the development of policies that would have a direct impact on the elimination of child labour in the tobacco sector. The Committee urges the Government to take measures to ensure that the Tenancy Bill is adopted in the near future. It hopes that, in adopting the Tenancy Bill, the labour inspection component concerning children working in the commercial agricultural sector on their own account will be strengthened. It requests the Government to redouble its efforts to adapt and strengthen the labour inspection services, in order to ensure that the protection established by the Convention is applied to all self-employed working children, and requests it to take any other measure to contribute to that goal.

2. Minimum age for admission to employment or work. In its previous comments under Article 7 of the Convention, the Committee had noted the Government’s indication that the occupations or activities in which children below 14 years can be employed to do light work are determined by law. The Committee had reminded the Government that light work is authorized only for children of “at least 12 years of age”. It had therefore requested the Government to take the necessary measures to ensure that a minimum age for admission to light work would be set at 12 years and that children between 12 and 14 years would only be engaged in light work activities. The Committee notes the Government’s information that consultations were undertaken and social partners felt that the current law which prohibits work for children under 14 years of age is superior to the minimum standards on light work set by the Convention. Therefore, the social partners have agreed to maintain the current law in Malawi.

However, the Committee notes that, according to the Malawi National Child Labour Survey conducted by the National Statistics Office in 2002 and carried out within the framework of the Statistical Information and Monitoring Programme (SIMPOC) of ILO/IPEC, 23.3 per cent of all children aged 5–14 work in Malawi. Furthermore, 77.9 per cent of children of the same age group are involved in household chores. The Committee further notes that, according to the Preliminary Report of the Malawi Multiple Indicator Cluster Survey of 2006, 30.4 per cent of the total number of child labourers is made up of children aged 5–11 years, and 24.6 per cent are aged 12–14 years. The Committee therefore observes that, although national legislation prohibits children under 14 years from working, an important number of children aged under 14 years work in Malawi. Consequently, it reminds the Government that, under Article 2(1), of the Convention, no person under the specified minimum age, namely 14 years for Malawi, may be admitted to employment or work in any occupation, subject to certain provisions of the Convention. Taking account of these statistics, the Committee requests the Government to take the necessary measures to ensure that no person under 14 years of age is admitted to employment or work.

Article 3, paragraph 1. Minimum age for admission to hazardous work. In its previous comments, the Committee noted a discrepancy between article 23 of the country’s Constitution, which provides for protection from dangerous work for children aged below 16 years, and section 22(1) of the Employment Act, which, in accordance with the Convention, lays down a minimum age of 18 years for work that is likely to be harmful to the health, safety, education, morals or development of such persons or prejudicial to their attendance at school or any other vocational or training programme. The Committee took note of the Government’s indications that the Tripartite Labour Advisory Council would discuss the issue in a meeting scheduled to take place in 2005. The Committee requested the Government to communicate the results attained from the discussion of this matter in the Tripartite Labour Advisory Council. The Committee noted the Government’s indication that a tripartite meeting was held from 21 to 22 July 2005. It also noted that, during that meeting, an ILO official working on the ILO’s Improving Labour Systems in Southern Africa project (ILO–ILSSA project) presented a report on an analysis of the national labour legislation of Malawi and it was agreed by all social partners that there was a need to harmonize the provisions of the national laws on the legal age for employment.

The Committee notes the Government’s information that this issue was already presented to the Malawi Law Commission for consideration. It notes that, according to the Report of the Law Commission on the Review of the Constitution (Law Commission Report No. 18 of August 2007), the Commission recommended that the age of the child under article 23 of the Constitution should be raised to 18 years of age. The Committee encourages the Government to take the necessary measures to ensure that the recommended amendment to article 23 of the Constitution is adopted in the very near future, in conformity with Article 3(1) of the Convention.

Article 3, paragraph 2. Determination of types of hazardous work. The Committee had previously noted that, in the implementation of section 22(2) of the Employment Act, the Minister can, in consultation with appropriate organizations of employers and employees, specify, by notice published in the Gazette, occupations or activities which, in his opinion, are likely to be: (a) harmful to the health, safety, education, morals or development of persons between the ages of 14 and 18 years; or (b) prejudicial to their attendance at school or any other vocational or training programme. In this regard, the Government had indicated that it would consult with appropriate organizations of employers and employees on this matter, after the ILO consultative workshop on child labour monitoring and identification of hazardous child labour. The Committee had also noted the Government’s indication that the Ministry conducted consultative workshops in 11 districts in the country. It had noted that a draft list of types of hazardous employment or work was established and was ready to be discussed with stakeholders. The Committee notes the Government’s information that several consultative workshops were held and that the final draft list of types of hazardous work is produced and will be submitted to the Ministry of Justice for further action. The Committee requests the Government to take the necessary measures to ensure that the draft list of types of hazardous employment is adopted in the near future. It requests the Government to provide a copy of this list as soon as it is adopted.

Article 9, paragraph 3. Keeping of registers by employers. The Committee had previously noted that section 23 of the Employment Act lays down that every employer is required to maintain a register of persons aged below 18 years employed by, or working for, him/her. The Committee had also noted that, according to the Government’s report, the applicable parliamentary Act still did not have a model register. The Committee had also noted that, in its communication, the Malawi Trade Union Congress indicated that some estates do not have registers, particularly in commercial agriculture. The Government had indicated that labour inspectors have demanded labour registers when inspecting any workplace and, where no such register exists, the owner is advised to purchase one which is easily available at the Government Press or any bookshop. The Committee notes the Government’s information that the registers available at the Government press are general and that employers use different formats. The Government indicates that discussions with the social partners were held and it was resolved to develop standard templates for various legislative prescriptions, including a model for a labour register. In this regard, the Committee reminds the Government that, pursuant to Article 9(3) of the Convention, the registers kept by employers shall contain the names and ages or dates of birth, duly certified wherever possible, of persons whom they employ or who work for them and who are less than 18 years of age. The Committee therefore expresses the hope that the model register being presently developed will be in conformity with Article 9(3) of the Convention, and requests the Government to supply a copy of the model register as soon as it is adopted. It asks the Government to provide information on the progress made in this regard.

Part III of the report form. Child labour inspection. Following its previous comments, the Committee notes the Government’s information that, with the technical and financial support from ILO–IPEC, training sessions on the enforcement of child labour laws were conducted. In this regard, labour, police, social welfare and judicial officers were trained on the issue of child labour and provided with the necessary skills to enforce laws on employers who engage children illegally.

Part IV of the report form. Court decisions. The Committee takes note of the court decisions supplied by the Government. The three cases pertain to the illegal employment of children under 14 years of age to work in a farm and to work as herd boys, in violation of sections 21(1) and 24 of the Employment Act. The accused were found guilty in all three cases and sentenced to fines and prison terms.

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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:

Article 1 of the Convention and Part V of the report form. National policy and practical application of the Convention. In its previous comments, the Committee had noted its serious concern at the situation of the considerable number of children under 14 years of age who were compelled to work (according to the Malawi Child Labour Survey of 2002, more than 1 million children worked, of whom approximately half were less than 9 years of age). Moreover, the Committee had noted the Government’s indication that a National Plan of Action for Orphans and Other Vulnerable Children 2005–09 (NPA for OVC) and a Childhood Development Policy were established. More particularly, it had noted that, according to the NPA for OVC, around 500,000 children were orphans due to HIV/AIDS in 2004 and more than 1 million children were orphans in Malawi in 2005. The Committee had noted that the Government was aware of the consequences of HIV/AIDS on orphans, such as increased child labour and children dropping out of school. It had also noted that the Strategic Objective No. 3 of the NPA for OVC was “to protect the most vulnerable children through improved policy and legislation, leadership, efficient coordination at all levels”.

The Committee noted the Government’s information that it was difficult to measure the impact of specific policies on child labour unless detailed scientific measurement studies are undertaken. However, according to the preliminary report of the Malawi Multiple Indicator Cluster Survey of 2006, the total child labour rate in Malawi dropped from 37 per cent in 2004 to 29 per cent in 2006. According to the same report, approximately 90 per cent of the total number of child orphans in Malawi is made up of children aged 0–14 years. The Committee therefore once again observed that HIV/AIDS has consequences for orphans, for whom there is an increased risk of being engaged in child labour.

The Committee noted the implementation of the ILO–IPEC Country Programme to combat child labour in Malawi, the objective of which is to contribute to the progressive elimination of child labour. According to the technical progress report of March 2007, two country projects were launched on 26 February 2007: the ILO HIV/AIDS Workplace Education Programme and the HIV/AIDS in the Transport Sector. The ILO–IPEC Country Programme also featured four action programmes, the objectives of which are to enhance community empowerment and awareness to prevent child labour and to train teachers to ensure an improvement in school retention rates and, consequently, contribute to the elimination of child labour. The Committee also noted the Government’s information, in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that a National Action Plan on Child Labour was being developed and that a Child Labour Network, comprising all key organizations involved in the fight against child labour, had been formed to strengthen and increase the impact of child labour programmes.

While noting the improvement made in reducing child labour rates, the Committee nevertheless urges the Government once again to redouble its efforts to ensure the progressive abolition of child labour. It also once again requests the Government to provide information on the progress made in the elaboration of the National Action Plan on Child Labour and asks the Government to supply a copy of it as soon as it is adopted. Furthermore, the Committee requests the Government to continue providing information on the other measures it has taken, such as the ILO–IPEC programmes and the HIV/AIDS country projects and their impact towards abolishing child labour. Finally, the Committee also once again requests the Government to continue providing information on the application of the Convention in practice, including, for example, statistics on the employment of children and young persons, extracts from the reports of the inspections services and information on the number and nature of the contraventions reported and sanctions imposed.

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 very near future.

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Article 2, paragraph 1, of the Convention. 1. Scope of application. In its previous comments, the Committee had noted that, according to various provisions of the Employment Act No. 6 of 2000 (Employment Act), in particular section 3, which defines the term “employee”, this Act is applicable only where there is an employment contract or labour relationship. The Committee had observed that section 3 of this Act, which defines the term “workplace” as “any premises in which, or within, the close or curtilage or precincts of which, one or more persons are employed”, and section 4, which provides that this Act shall apply to all workplaces as defined in section 3, do not cover self-employment. The Committee had noted the Government’s indication that it will consult with all stakeholders to solicit their views for a possible review of the laws. The Committee had recalled that the Convention covers all types of employment or work, whether under a labour relationship or contract of employment or not, including work done on a self-employed basis.

The Committee notes the Government’s information that the social partners and other stakeholders have discussed the issue of extending the coverage of the Employment Act to self-employed workers, including children. However, the Government indicates that the social partners were unclear as to how the Employment Act could be applied to self-employed children, particularly to those who work on family farms or accompany their parents to work as tenants. The Committee draws the Government’s attention to the fact that, in addition to modifying the Employment Act to include its application to self-employed workers, other alternatives may also be envisaged to ensure that self-employed children benefit from the protection of the Convention, such as elaborating legislation specifically to ensure children’s rights or strengthening the action of the labour inspectorate to sectors of the economy where children are often self-employed, such as the commercial agricultural sector in which according to the summary outline for the ILO/IPEC programme on the elimination of child labour in Mzimba, 52.6 per cent of child labourers are found. In this regard, the Committee notes that, according to the summary outline for the ILO/IPEC action programme entitled “Employers’ Fight Against Child Labour in the Tobacco Sector” of 2007, there has been no progress made in the past ten years in the adoption of the Tenancy Bill, which includes provisions that could help in eliminating child labour from the tobacco sector by providing for the inspection of estates as often and thoroughly as necessary and which establishes a minimum age for employment in the sector. The Committee notes that the ILO/IPEC action programme targets policy-makers in the tobacco sector and the Government, so as to advocate the development of policies that would have a direct impact on the elimination of child labour in the tobacco sector. The Committee urges the Government to take measures to ensure that the Tenancy Bill is adopted in the near future. It hopes that, in adopting the Tenancy Bill, the labour inspection component concerning children working in the commercial agricultural sector on their own account will be strengthened. It requests the Government to redouble its efforts to adapt and strengthen the labour inspection services, in order to ensure that the protection established by the Convention is applied to all self-employed working children, and requests it to take any other measure to contribute to that goal.

2. Minimum age for admission to employment or work. In its previous comments under Article 7 of the Convention, the Committee had noted the Government’s indication that the occupations or activities in which children below 14 years can be employed to do light work are determined by law. The Committee had reminded the Government that light work is authorized only for children of “at least 12 years of age”. It had therefore requested the Government to take the necessary measures to ensure that a minimum age for admission to light work would be set at 12 years and that children between 12 and 14 years would only be engaged in light work activities. The Committee notes the Government’s information that consultations were undertaken and social partners felt that the current law which prohibits work for children under 14 years of age is superior to the minimum standards on light work set by the Convention. Therefore, the social partners have agreed to maintain the current law in Malawi.

However, the Committee notes that, according to the Malawi National Child Labour Survey conducted by the National Statistics Office in 2002 and carried out within the framework of the Statistical Information and Monitoring Programme (SIMPOC) of ILO/IPEC, 23.3 per cent of all children aged 5 to 14 work in Malawi. Furthermore, 77.9 per cent of children of the same age group are involved in household chores. The Committee further notes that, according to the Preliminary Report of the Malawi Multiple Indicator Cluster Survey of 2006, 30.4 per cent of the total number of child labourers is made up of children aged 5 to 11 years, and 24.6 per cent are aged 12 to 14 years. The Committee therefore observes that, although national legislation prohibits children under 14 years from working, an important number of children aged under 14 years work in Malawi. Consequently, it reminds the Government that, under Article 2, paragraph 1, of the Convention, no person under the specified minimum age, namely 14 years for Malawi, may be admitted to employment or work in any occupation, subject to certain provisions of the Convention. Taking account of these statistics, the Committee requests the Government to take the necessary measures to ensure that no person under 14 years of age is admitted to employment or work.

Article 3, paragraph 1. Minimum age for admission to hazardous work. In its previous comments, the Committee noted a discrepancy between article 23 of the country’s Constitution, which provides for protection from dangerous work for children aged below 16 years, and section 22(1) of the Employment Act, which, in accordance with the Convention, lays down a minimum age of 18 years for work that is likely to be harmful to the health, safety, education, morals or development of such persons or prejudicial to their attendance at school or any other vocational or training programme. The Committee took note of the Government’s indications that the Tripartite Labour Advisory Council would discuss the issue in a meeting scheduled to take place in 2005. The Committee requested the Government to communicate the results attained from the discussion of this matter in the Tripartite Labour Advisory Council. The Committee noted the Government’s indication that a tripartite meeting was held from 21 to 22 July 2005. It also noted that, during that meeting, an ILO official working on the ILO’s Improving Labour Systems in Southern Africa project (ILO–ILSSA project) presented a report on an analysis of the national labour legislation of Malawi and it was agreed by all social partners that there was a need to harmonize the provisions of the national laws on the legal age for employment.

The Committee notes the Government’s information that this issue was already presented to the Malawi Law Commission for consideration. It notes that, according to the Report of the Law Commission on the Review of the Constitution (Law Commission Report No. 18 of August 2007), the Commission recommended that the age of the child under article 23 of the Constitution should be raised to 18 years of age. The Committee encourages the Government to take the necessary measures to ensure that the recommended amendment to article 23 of the Constitution is adopted in the very near future, in conformity with Article 3, paragraph 1, of the Convention.

Article 3, paragraph 2. Determination of types of hazardous work. The Committee had previously noted that, in the implementation of section 22(2) of the Employment Act, the Minister can, in consultation with appropriate organizations of employers and employees, specify, by notice published in the Gazette, occupations or activities which, in his opinion, are likely to be: (a) harmful to the health, safety, education, morals or development of persons between the ages of 14 and 18 years; or (b) prejudicial to their attendance at school or any other vocational or training programme. In this regard, the Government had indicated that it would consult with appropriate organizations of employers and employees on this matter, after the ILO consultative workshop on child labour monitoring and identification of hazardous child labour. The Committee had also noted the Government’s indication that the Ministry conducted consultative workshops in 11 districts in the country. It had noted that a draft list of types of hazardous employment or work was established and was ready to be discussed with stakeholders. The Committee notes the Government’s information that several consultative workshops were held and that the final draft list of types of hazardous work is produced and will be submitted to the Ministry of Justice for further action. The Committee requests the Government to take the necessary measures to ensure that the draft list of types of hazardous employment is adopted in the near future. It requests the Government to provide a copy of this list as soon as it is adopted.

Article 9, paragraph 3. Keeping of registers by employers. The Committee had previously noted that section 23 of the Employment Act lays down that every employer is required to maintain a register of persons aged below 18 years employed by, or working for, him/her. The Committee had also noted that, according to the Government’s report, the applicable parliamentary Act still did not have a model register. The Committee had also noted that, in its communication, the Malawi Trade Union Congress indicated that some estates do not have registers, particularly in commercial agriculture. The Government had indicated that labour inspectors have demanded labour registers when inspecting any workplace and, where no such register exists, the owner is advised to purchase one which is easily available at the Government Press or any bookshop. The Committee notes the Government’s information that the registers available at the Government press are general and that employers use different formats. The Government indicates that discussions with the social partners were held and it was resolved to develop standard templates for various legislative prescriptions, including a model for a labour register. In this regard, the Committee reminds the Government that, pursuant to Article 9, paragraph 3, of the Convention, the registers kept by employers shall contain the names and ages or dates of birth, duly certified wherever possible, of persons whom they employ or who work for them and who are less than 18 years of age. The Committee therefore expresses the hope that the model register being presently developed will be in conformity with Article 9, paragraph 3, of the Convention, and requests the Government to supply a copy of the model register as soon as it is adopted. It asks the Government to provide information on the progress made in this regard.

Part III of the report form. Child labour inspection. Following its previous comments, the Committee notes the Government’s information that, with the technical and financial support from ILO/IPEC, training sessions on the enforcement of child labour laws were conducted. In this regard, labour, police, social welfare and judicial officers were trained on the issue of child labour and provided with the necessary skills to enforce laws on employers who engage children illegally.

Part IV of the report form. Court decisions. The Committee takes note of the court decisions supplied by the Government. The three cases pertain to the illegal employment of children under 14 years of age to work in a farm and to work as herd boys, in violation of sections 21(1) and 24 of the Employment Act. The accused were found guilty in all three cases and sentenced to fines and prison terms.

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Article 1 of the Convention and Part V of the report form. National policy and practical application of the Convention. In its previous comments, the Committee had noted its serious concern at the situation of the considerable number of children under 14 years of age who were compelled to work (according to the Malawi Child Labour Survey of 2002, more than 1 million children worked, of whom approximately half were less than 9 years of age). Moreover, the Committee had noted the Government’s indication that a National Plan of Action for Orphans and Other Vulnerable Children 2005–09 (NPA for OVC) and a Childhood Development Policy were established. More particularly, it had noted that, according to the NPA for OVC, around 500,000 children were orphans due to HIV/AIDS in 2004 and more than 1 million children were orphans in Malawi in 2005. The Committee had noted that the Government was aware of the consequences of HIV/AIDS on orphans, such as increased child labour and children dropping out of school. It had also noted that the Strategic Objective No. 3 of the NPA for OVC was “to protect the most vulnerable children through improved policy and legislation, leadership, efficient coordination at all levels”.

The Committee notes the Government’s information that it is difficult to measure the impact of specific policies on child labour unless detailed scientific measurement studies are undertaken. However, according to the preliminary report of the Malawi Multiple Indicator Cluster Survey of 2006, the total child labour rate in Malawi dropped from 37 per cent in 2004 to 29 per cent in 2006. According to the same report, approximately 90 per cent of the total number of child orphans in Malawi is made up of children aged 0 to 14 years. The Committee therefore once again observes that HIV/AIDS has consequences for orphans, for whom there is an increased risk of being engaged in child labour.

The Committee notes the implementation of the ILO–IPEC Country Programme to combat child labour in Malawi, the objective of which is to contribute to the progressive elimination of child labour. According to the technical progress report of March 2007, two country projects were launched on 26 February 2007: the ILO HIV/AIDS Workplace Education Programme and the HIV/AIDS in the Transport Sector. The ILO–IPEC Country Programme also features four action programmes, the objectives of which are to enhance community empowerment and awareness to prevent child labour and to train teachers to ensure an improvement in school retention rates and, consequently, contribute to the elimination of child labour. The Committee also notes the Government’s information, in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that a National Action Plan on Child Labour is currently being developed and that a Child Labour Network, comprising all key organizations involved in the fight against child labour, has been formed to strengthen and increase the impact of child labour programmes.

While noting the improvement made in reducing child labour rates, the Committee nevertheless urges the Government to redouble its efforts to ensure the progressive abolition of child labour. It also requests the Government to provide information on the progress made in the elaboration of the National Action Plan on Child Labour and asks the Government to supply a copy of it as soon as it is adopted. Furthermore, the Committee requests the Government to continue providing information on the other measures it has taken, such as the ILO–IPEC programmes and the HIV/AIDS country projects and their impact towards abolishing child labour. Finally, the Committee also once again requests the Government to continue providing information on the application of the Convention in practice, including, for example, statistics on the employment of children and young persons, extracts from the reports of the inspections services and information on the number and nature of the contraventions reported and sanctions imposed.

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

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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 noted the communication of the Malawi Trade Union Congress (MCTU) and the Government’s comments on the matter raised therein.

Article 2, paragraph 1, of the Convention. 1. Scope of application. In its previous comments, the Committee noted that, according to various provisions of Employment Act No. 6 of 2000 [hereinafter Employment Act], in particular section 3, which defines the term “employee”, this Act is applicable only where there is an employment contract or labour relationship. The Government indicated that sections 3 and 4 of Occupational Safety, Health and Welfare Act No. 21 of 1997 are supplementary to the Employment Act. Nevertheless, the Committee observed that section 3 of this Act, which defines the term “workplace” as “any premises in which, or within the close or curtilage or precincts of which, one or more persons are employed”, and section 4, which stipulates that this Act shall apply to all workplaces as defined in section 3, do not cover self-employment. It therefore requested the Government to indicate the measures taken or envisaged to ensure the application of the Employment Act to all types of work, including work carried out by children who are self-employed. In this regard, the Committee noted the Government’s indication that it will consult with all stakeholders to solicit their views for a possible review of the laws. The Committee recalled that the Convention covers all types of employment or work, whether under a labour relationship or contract of employment or not, including work done on a self employed basis. It therefore requests the Government to provide information on the outcome of the consultations on a possible review of the laws to ensure the application of the Employment Act to all types of work, including work carried out by children who are self-employed.

Article 3, paragraph 1. Minimum age for admission to hazardous work. In its previous comments, the Committee noted a discrepancy between article 23 of the country’s Constitution, which provides for protection from dangerous work for children aged below 16 years, and section 22(1) of the Employment Act, which, in accordance with the Convention, lays down a minimum age of 18 years for work that is likely to be harmful to the health, safety, education, morals or development of such persons or prejudicial to their attendance at school or any other vocational or training programme. The Committee took note of the Government’s indications that the Tripartite Labour Advisory Council would discuss the issue in a meeting scheduled to take place in 2005. The Committee requested the Government to communicate the results attained from the discussion of this matter in the Tripartite Labour Advisory Council.

The Committee noted the Government’s indication that a tripartite meeting was held from 21 to 22 July 2005. It also noted that, during that meeting, an ILO official working on the ILO’s Improving Labour Systems in Southern Africa project (ILO/ILSSA project) presented a report on an analysis of the national labour legislation of Malawi and it was agreed by all social partners that there is a need to harmonize the provisions of the national laws on the legal age for employment. The Government also indicated that it would inform the Committee on any progress made regarding this matter. The Committee hopes that the Government will take the necessary measures, in conformity with Article 3, paragraph 1, of the Convention, to ensure that national labour legislation provides for a minimum age of 18 for admission to hazardous work.

Article 3, paragraph 2. Determination of types of hazardous work. The Committee previously noted that, in the implementation of section 22(2) of the Employment Act, the Minister can, in consultation with appropriate organizations of employers and employees, specify, by notice published in the Gazette, occupations or activities which, in his opinion, are likely to be: (a) harmful to the health, safety, education, morals or development of persons between the ages of 14 and 18 years, or (b) prejudicial to their attendance at school or any other vocational or training programme. In this regard, the Government indicated that it would consult with appropriate organizations of employers and employees on this matter, after the ILO consultative Workshop on Child Labour Monitoring and Identification of Hazardous Child Labour. The Committee asked the Government to take the necessary measures to ensure that the types of hazardous work are determined either by the national legislation or the competent authority, and to provide information on the consultations held with organizations of employers and workers concerned on this subject.

The Committee noted the Government’s indication that the Ministry conducted consultative workshops in 11 districts in the country. It also noted that a draft list of hazardous employment or work has been established and it is ready to be discussed with stakeholders. However, due to financial difficulties, the Ministry has not been able to hold a consultative workshop with stakeholders. The Committee further noted the Government’s request that it would like to benefit from the financial assistance of the ILO to fund this workshop. The Committee hopes that, in order to adopt the list of hazardous types of employment or work as soon as possible, the Government will be able to hold a consultative workshop with stakeholders. It requests the Government to provide any information on the progress made in this regard.

Article 6. Apprenticeship and vocational training. In its previous comments, the Committee noted that section 21(2) of the Employment Act limits the prohibition of employment of children aged below 14 years by allowing work done in technical vocational schools or in other training institutions where this work is approved and supervised by the public authorities, or is part of a school or vocational training programme for which the school or institution is responsible. The Committee requested the Government to indicate the conditions laid down by the competent authority for any work done by children or adolescents and authorized for the purposes specified in this Article. In this regard, the Committee noted the Government’s indication that consultations with social partners have been held on this subject and it intends to have a final meeting when funds would be made available. The Committee hopes that the Government would be able to communicate the results attained from those consultations with the organizations of employers and workers concerned in the near future.

Article 7. Light work. In its previous comments, the Committee noted the Government’s indication that the occupations or activities in which young people below 14 years can be employed to do light work are determined by law. The Committee reminded the Government that light work is authorized only for children of “at least 12 years of age”. It therefore requested the Government to take the necessary measures to ensure that a minimum age for admission to light work would be set at 12 years and that persons between the age of 12 and 14 years would only be engaged in light-work activities. The Committee noted the Government’s indication that it will consult the social partners at its next meeting when reviewing the national labour laws in order to fix the minimum age for admission to light work. It reminded the Government that, under Article 7, paragraphs 1 and 4, of the Convention, national laws or regulations may permit the employment or work of persons aged 12–14 years in light work, which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee also recalled that, according to Article 7, paragraph 3, of the Convention, the competent authority shall determine what is light work and shall prescribe the hours during which, and the conditions in which, such employment or work may be carried out. It requests the Government to provide information on consultations held in this regard and to indicate the measures taken or envisaged to ensure that a minimum age for admission to light work is set at 12 years and that persons between the ages of 12 and 14 years are only engaged in light-work activities.

Article 9, paragraph 3. Keeping of register by employers. The Committee previously noted that section 23 of the Employment Act lays down that every employer is required to maintain a register of persons aged below 18 years employed by or working for him/her. The Committee had also noted that, according to the Government’s report, the applicable parliamentary Act still did not have a model register and that a copy of the model register would be supplied once it was available. The Committee noted that the Government did not supply the copy of the model register. In its communication, the MCTU indicated that some estates do not have registers, particularly in commercial agriculture. In this regard, the Government indicated that labour inspectors have demanded labour registers when inspecting any workplace and, where no such register exists, the owner is advised to purchase one which is easily available at the Government Press or any bookshop. Noting the above indications, the Committee once again requests the Government to supply a copy of the model register.

Part III of the report form. Child labour inspections. Referring to its previous comments concerning labour inspectors, the Committee noted the Government’s indication that the Ministry has trained labour officers in labour inspection, particularly in child labour. As a result of the training sessions, the labour inspectors have been able to curb child labour in their various duty stations, and some have even prosecuted employers employing children. The Committee also noted the Government’s indication that the Ministry of Labour and Vocational Training secured 22 motorcycles from UNICEF, which have been distributed to 11 impact districts, and two motor vehicles which have also been deployed in two districts. The provision of these motorcycles has strengthened the labour inspections. Moreover, the Committee noted that the Government also received motorbikes from ILO/ILSSA. The Committee asks the Government to continue to supply information on measures taken or envisaged in order to improve the application of the Convention with regard to labour inspections on child labour.

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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:

Article 1 of the Convention and Part V of the report form. National policy and practical application of the Convention. The Committee previously noted with interest the detailed information on the measures taken by the Government to combat child labour. It nevertheless was seriously concerned by the situation of the considerable number of children under 14 years of age who were compelled to work (according to the Malawi Child Labour Survey of 2002, more than 1 million children work, of whom approximately half are less than 9 years of age). The Committee encouraged the Government to renew its efforts to progressively improve this situation.

With reference to its previous comments requesting the Government to continue providing detailed information on the development of national policies designed to ensure the effective abolition of child labour and the results attained, the Committee notes the Government’s indication that a National Plan of Action for Orphans and Other Vulnerable Children 2005–09 (NPA for OVC) and a Childhood Development Policy were established. More particularly, it notes that, according to the NPA for OVC, around 500,000 children were orphans due to HIV/AIDS in 2004, and more than 1 million children were orphans in Malawi in 2005. Moreover, the number of orphans by different age groups is the following: 110,000 (0–4 years), 340,00 (5–9 years) and 558,000 (10–18 years). The Committee noted that the Government is aware of the consequences of HIV/AIDS on orphans, such as increased child labour and children dropping out from school. It also noted that the Strategic Objective No. 3 of the NPA for OVC is “to protect the most vulnerable children through improved policy and legislation, leadership, efficient coordination at all levels”.

The Committee once again expresses its serious concern at the situation of the considerable number of children under 14 years of age who are compelled to work. It also is seriously concerned by the high number of child orphans in Malawi due to HIV/AIDS and observes that HIV/AIDS has consequences for orphans, for whom there is an increased risk of being engaged in child labour. The Committee requests the Government to redouble its efforts to ensure the progressive abolition of child labour. The Committee also requests the Government to provide information on the impact of the NPA for OVC and the Childhood Development Policy towards abolishing child labour, and on the results attained. Finally, the Committee also requests the Government to continue providing information on the application of the Convention in practice, including, for example, statistics on the employment of children and young persons, extracts from the reports of the inspections services and information on the number and nature of the contraventions reported and sanctions imposed.

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

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

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The Committee notes the information provided by the Government in its report. It also notes the communication of the Malawi Trade Union Congress (MCTU) and the Government’s comments on the matter raised therein.

Article 2, paragraph 1, of the Convention. 1. Scope of application. In its previous comments, the Committee noted that, according to various provisions of Employment Act No. 6 of 2000 [hereinafter Employment Act], in particular section 3, which defines the term “employee”, this Act is applicable only where there is an employment contract or labour relationship. The Government indicated that sections 3 and 4 of Occupational Safety, Health and Welfare Act No. 21 of 1997 are supplementary to the Employment Act. Nevertheless, the Committee observed that section 3 of this Act, which defines the term “workplace” as “any premises in which, or within the close or curtilage or precincts of which, one or more persons are employed”, and section 4, which stipulates that this Act shall apply to all workplaces as defined in section 3, do not cover self-employment. It therefore requested the Government to indicate the measures taken or envisaged to ensure the application of the Employment Act to all types of work, including work carried out by children who are self-employed. In this regard, the Committee notes the Government’s indication that it will consult with all stakeholders to solicit their views for a possible review of the laws. The Committee recalls that the Convention covers all types of employment or work, whether under a labour relationship or contract of employment or not, including work done on a self‑employed basis. It therefore requests the Government to provide information on the outcome of the consultations on a possible review of the laws to ensure the application of the Employment Act to all types of work, including work carried out by children who are self-employed.

2. Minimum age for admission to employment or work. The Committee previously noted that the provisions of section 97 of Inland Waters Shipping Act No. 12 of 1995 refer to the definition of young persons given in the Children’s and Young Persons’ Act (Chapter 26:03). It requested the Government to supply a copy of the Children’s and Young Persons’ Act (Chapter 26:03) to enable it to confirm that Inland Waters Shipping Act No. 12 of 1995 prohibits access to work or employment for persons aged below 14 years on means of transport registered in the national territory. The Committee takes due note that section 2 of this Act defines the term “young person” as “a person who, in the absence of legal proof to the contrary, is, in the opinion of the court having cognizance of the case in relation to such person, 14 years of age or upwards and under the age of 18 years”.

Article 3, paragraph 1. Minimum age for admission to hazardous work. In its previous comments, the Committee noted a discrepancy between article 23 of the country’s Constitution, which provides for protection from dangerous work for children aged below 16 years, and section 22(1) of the Employment Act, which, in accordance with the Convention, lays down a minimum age of 18 years for work that is likely to be harmful to the health, safety, education, morals or development of such persons or prejudicial to their attendance at school or any other vocational or training programme. The Committee took note of the Government’s indications that the Tripartite Labour Advisory Council would discuss the issue in a meeting scheduled to take place in 2005. The Committee requested the Government to communicate the results attained from the discussion of this matter in the Tripartite Labour Advisory Council.

The Committee notes the Government’s indication that a tripartite meeting was held from 21 to 22 July 2005. It also notes that, during that meeting, an ILO official working on the ILO’s Improving Labour Systems in Southern Africa project (ILO/ILSSA project) presented a report on an analysis of the national labour legislation of Malawi and it was agreed by all social partners that there is a need to harmonize the provisions of the national laws on the legal age for employment. The Government also indicates that it will inform the Committee on any progress made regarding this matter. The Committee hopes that the Government will take the necessary measures, in conformity with Article 3, paragraph 1, of the Convention, to ensure that national labour legislation provides for a minimum age of 18 for admission to hazardous work.

Article 3, paragraph 2. Determination of types of hazardous work. The Committee previously noted that, in the implementation of section 22(2) of the Employment Act, the Minister can, in consultation with appropriate organizations of employers and employees, specify, by notice published in the Gazette, occupations or activities which, in his opinion, are likely to be: (a) harmful to the health, safety, education, morals or development of persons between the ages of 14 and 18 years, or (b) prejudicial to their attendance at school or any other vocational or training programme. In this regard, the Government indicated that it would consult with appropriate organizations of employers and employees on this matter, after the ILO consultative Workshop on Child Labour Monitoring and Identification of Hazardous Child Labour. The Committee asked the Government to take the necessary measures to ensure that the types of hazardous work are determined either by the national legislation or the competent authority, and to provide information on the consultations held with organizations of employers and workers concerned on this subject.

The Committee notes the Government’s indication that the Ministry conducted consultative workshops in 11 districts in the country. It also notes that a draft list of hazardous employment or work has been established and it is ready to be discussed with stakeholders. However, due to financial difficulties, the Ministry has not been able to hold a consultative workshop with stakeholders. The Committee further notes the Government’s request that it would like to benefit from the financial assistance of the ILO to fund this workshop. The Committee hopes that, in order to adopt the list of hazardous types of employment or work as soon as possible, the Government will be able to hold a consultative workshop with stakeholders. It requests the Government to provide any information on the progress made in this regard.

Article 6. Apprenticeship and vocational training. In its previous comments, the Committee noted that section 21(2) of the Employment Act limits the prohibition of employment of children aged below 14 years by allowing work done in technical vocational schools or in other training institutions where this work is approved and supervised by the public authorities, or is part of a school or vocational training programme for which the school or institution is responsible. The Committee requested the Government to indicate the conditions laid down by the competent authority for any work done by children or adolescents and authorized for the purposes specified in this Article. In this regard, the Committee notes the Government’s indication that consultations with social partners have been held on this subject and it intends to have a final meeting when funds would be made available. The Committee hopes that the Government would be able to communicate the results attained from those consultations with the organizations of employers and workers concerned in the near future.

Article 7. Light work. In its previous comments, the Committee noted the Government’s indication that the occupations or activities in which young people below 14 years can be employed to do light work are determined by law. The Committee reminded the Government that light work is authorized only for children of “at least 12 years of age”. It therefore requested the Government to take the necessary measures to ensure that a minimum age for admission to light work would be set at 12 years and that persons between the age of 12 and 14 years would only be engaged in light-work activities. The Committee notes the Government’s indication that it will consult the social partners at its next meeting when reviewing the national labour laws in order to fix the minimum age for admission to light work. It reminds the Government that, under Article 7, paragraphs 1 and 4, of the Convention, national laws or regulations may permit the employment or work of persons aged 12­‑14 years in light work, which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee also recalls that, according to Article 7, paragraph 3, of the Convention, the competent authority shall determine what is light work and shall prescribe the hours during which, and the conditions in which, such employment or work may be carried out. It requests the Government to provide information on consultations held in this regard and to indicate the measures taken or envisaged to ensure that a minimum age for admission to light work is set at 12 years and that persons between the ages of 12 and 14 years are only engaged in light-work activities.

Article 8. Artistic performances. Referring to its previous comments, the Committee notes that the Government supplied a copy of the Censorship and Control of Entertainments Act (Cap. 21:01) of 1982.

Article 9, paragraph 3. Keeping of register by employers. The Committee previously noted that section 23 of the Employment Act lays down that every employer is required to maintain a register of persons aged below 18 years employed by or working for him/her. The Committee had also noted that, according to the Government’s report, the applicable parliamentary Act still did not have a model register and that a copy of the model register would be supplied once it was available. The Committee notes that the Government did not supply the copy of the model register. In its communication, the MCTU indicates that some estates do not have registers, particularly in commercial agriculture. In this regard, the Government indicates that labour inspectors have demanded labour registers when inspecting any workplace and, where no such register exists, the owner is advised to purchase one which is easily available at the Government Press or any bookshop. Noting the above indications, the Committee once again requests the Government to supply a copy of the model register.

Part III of the report form. Child labour inspections. Referring to its previous comments concerning labour inspectors, the Committee notes the Government’s indication that the Ministry has trained labour officers in labour inspection, particularly in child labour. As a result of the training sessions, the labour inspectors have been able to curb child labour in their various duty stations, and some have even prosecuted employers employing children. The Committee also notes the Government’s indication that the Ministry of Labour and Vocational Training secured 22 motorcycles from UNICEF, which have been distributed to 11 impact districts, and two motor vehicles which have also been deployed in two districts. The provision of these motorcycles has strengthened the labour inspections. Moreover, the Committee notes that the Government also received motorbikes from ILO/ILSSA. The Committee asks the Government to continue to supply information on measures taken or envisaged in order to improve the application of the Convention with regard to labour inspections on child labour.

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Article 1 of the Convention and Part V of the report form. National policy and practical application of the Convention. The Committee previously noted with interest the detailed information on the measures taken by the Government to combat child labour. It nevertheless was seriously concerned by the situation of the considerable number of children under 14 years of age who were compelled to work (according to the Malawi Child Labour Survey of 2002, more than 1 million children work, of whom approximately half are less than 9 years of age). The Committee encouraged the Government to renew its efforts to progressively improve this situation.

With reference to its previous comments requesting the Government to continue providing detailed information on the development of national policies designed to ensure the effective abolition of child labour and the results attained, the Committee notes the Government’s indication that a National Plan of Action for Orphans and Other Vulnerable Children 2005-09 (NPA for OVC) and a Childhood Development Policy were established. More particularly, it notes that, according to the NPA for OVC, around 500,000 children were orphans due to HIV/AIDS in 2004, and more than 1 million children were orphans in Malawi in 2005. Moreover, the number of orphans by different age groups is the following: 110,000 (0-4 years), 340,00 (5-9 years) and 558,000 (10-18 years). The Committee notes that the Government is aware of the consequences of HIV/AIDS on orphans, such as increased child labour and children dropping out from school. It also notes that the Strategic Objective No. 3 of the NPA for OVC is “to protect the most vulnerable children through improved policy and legislation, leadership, efficient coordination at all levels”.

The Committee once again expresses its serious concern at the situation of the considerable number of children under 14 years of age who are compelled to work. It also is seriously concerned by the high number of child orphans in Malawi due to HIV/AIDS and observes that HIV/AIDS has consequences for orphans, for whom there is an increased risk of being engaged in child labour. The Committee requests the Government to redouble its efforts to ensure the progressive abolition of child labour. The Committee also requests the Government to provide information on the impact of the NPA for OVC and the Childhood Development Policy towards abolishing child labour, and on the results attained. Finally, the Committee also requests the Government to continue providing information on the application of the Convention in practice, including, for example, statistics on the employment of children and young persons, extracts from the reports of the inspections services and information on the number and nature of the contraventions reported and sanctions imposed.

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

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Article 2, paragraph 1, of the Convention. 1. Scope of application. The Committee had previously noted that, according to various provisions of the Employment Act No. 6 of 2000, in particular section 3, which defines the term "employee", the Act is applicable only where there is an employment contract or labour relationship. It had requested the Government to provide additional information indicating the extent to which national legislation gives effect to the Convention in areas not covered by the Employment Act. The Committee notes the Government’s indication that sections 3 and 4 of the Occupational Safety, Health and Welfare Act No. 21 of 1997 are supplementary to the Employment Act. It further notes that section 3 of the Occupational Safety, Health and Welfare Act defines the term "workplace" as "any premises in which, or within the close or curtilage or precincts of which, one or more persons are employed". Moreover, section 4 stipulates that this Act shall apply to all workplaces as defined in section 3. The Committee observes that sections 3 and 4 do not cover self-employment. The Committee recalls that the Convention covers all types of employment or work, whether under a labour relationship or contract of employment or not, including work done on a self-employed basis. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure the application of the Convention to all types of work, including work carried out by persons under 14 years of age who are self-employed.

2. Minimum age for admission to employment or work. The Committee had previously noted that the provisions of section 97 of the Inland Waters Shipping Act No. 12 of 1995 refer to the definition of young persons given in the Children’s and Young Persons’ Act (Chapter 26:03). The Committee had requested the Government to supply a copy of the Children’s and Young Persons’ Act (Chapter 26:03) to enable it to confirm that legislation prohibits access to work or employment for persons aged below 14 years on means of transport registered in the national territory. Noting that the Government has not supplied a copy of the said Act, it once again requests the Government to send a copy of the Children’s and Young Persons’ Act (Chapter 26:03).

Furthermore, the Committee had noted that, according to section 21 of the Employment Act, the prohibition of work for children aged below 14 years does not cover work done "in homes", in technical vocational training or other training institutions. The Committee had requested the Government to clarify the meaning of work done "in homes". The Committee takes note of the Government’s statement that work done "in homes" is work carried out by a child in his/her home as a part of his/her responsibility to assist the parents and also to learn how to keep the home clean.

Article 3, paragraph 1. Minimum age for admission to hazardous work. The Committee had previously noted the provisions of section 22 of the Employment Act, subsection (1) of which prohibits work by or employment of persons aged between 14 and 18 years in a job or occupation likely to be detrimental to their health, safety, education, morals or development, or likely to interfere with school attendance or any vocational or training programme. The Committee had also noted that, according to article 23 of the country’s Constitution, children aged below 16 years have the right to protection from economic exploitation or any treatment, work or punishment that is, or is likely to be hazardous or interfere with their education, or be harmful to their health or to their physical, mental, spiritual or social development. The Committee had further noted that there is a discrepancy between the constitutional provisions, which provide for protection from dangerous work for children aged below 16 years, and the provisions of section 22 of the Employment Act, which in accordance with the Convention lays down a minimum age of 18 years for work that is likely to be harmful to the health, safety, education, morals or development of such persons or prejudicial to their attendance at school or any other vocational or training programme. The Committee had requested the Government to harmonize the provisions of the Constitution and the Act in order to ensure that no uncertainty arises as to the requirements of the Convention on this point. The Committee takes note of the Government’s indication that the Tripartite Labour Advisory Council will discuss the issue in a meeting scheduled to take place this year. The Committee reminds the Government that, in accordance with Article 3, paragraph 1, of the Convention, the minimum age for admission to any type of employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons shall not be less than 18 years. The Committee requests the Government to communicate, in its next report, the results attained from the discussion of this matter in the Tripartite Labour Advisory Council.

Article 3, paragraph 2. Determination of types of hazardous work. The Committee had previously noted that, in the implementation of section 22(2) of the Employment Act, the Minister can, in consultation with appropriate organizations of employers and employees, specify, by notice published in the Gazette, occupations or activities which, in his opinion, are likely to be (a) harmful to the health, safety, education, morals or development of persons between the age of 14 and 18 years, or (b) prejudicial to their attendance at school or any other vocational or training programme. The Committee takes note of the Government’s indication that it will consult with appropriate organizations of employers and employees on this matter, after the ILO consultative Workshop on Child Labour Monitoring and Identification of Hazardous Child Labour that will take place in November 2004. The Committee reminds the Government that, under the terms of Article 3, paragraph 2, of the Convention, the types of hazardous employment or work likely to jeopardize the health, safety or morals of adolescents shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. It also draws the Government’s attention to Paragraph 10(1) of the Minimum Age Recommendation, 1973 (No. 146), which provides that in determining the types of hazardous employment or work, full account should be taken of relevant international labour standards, such as those concerning dangerous substances, agents or processes (including ionising radiations), the lifting of heavy weights and underground work. The Committee asks the Government to take the necessary measures to ensure that the types of hazardous work are determined either by the national legislation or the competent authority, in accordance with Article 3, paragraph 2, of the Convention, and to provide information on the consultations held with organizations of employers and workers concerned on this subject.

Article 6. Apprenticeship and vocational training. The Committee had previously noted that section 21(2) of the Employment Act limits the prohibition of employment of children aged below 14 years by allowing work done in technical vocational schools or in other training institutions where this work is approved and supervised by the public authorities, or is part of a school or vocational training programme for which the school or institution is responsible. The Committee had requested the Government to indicate the conditions laid down by the competent authority for any work done by children or adolescents and authorized for the purposes specified in this Article. It had also asked the Government to provide information on consultations that have been held with the organizations of employers and workers concerned. The Committee notes the Government’s indication that it intends to initiate consultations on this subject with its social partners. The Committee accordingly requests the Government to communicate the results attained from those consultations.

Article 7. Light work. The Committee had previously noted the Government’s indication that the occupations or activities in which young people below 14 years can be employed to do light work are determined by law. The Committee reminded the Government that light work is authorized only for children of "at least 12 years of age". Noting the absence of information on this point in the Government’s report, the Committee reminds the Government that, under Article 7, paragraphs 1 and 4, of the Convention, national laws or regulations may permit the employment or work of persons aged 12 to 14 years in light work, which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee also recalls that according to Article 7, paragraph 3, of the Convention, the competent authority shall determine what is light work and shall prescribe the hours during which, and the conditions in which, such employment or work may be carried out. The Committee therefore once again requests the Government to take the necessary measures to ensure that a minimum age for admission to light work is set at 12 years and that persons between the age of 12 and 14 years are only engaged in light work activities. It also once again asks the Government to provide information on the activities in which, and the working conditions in which, such employment or work may be carried out by persons above 12 years.

Article 8. Artistic performances. The Committee had previously noted that the United Nations Committee on the Rights of the Child (CRC/C/8/Add.43, paragraph 29) refers to a law on censorship and regulation of entertainments. It had asked the Government to supply a copy of the Censorship Act. The Committee notes that the Government has not provided the said Act and it therefore once again asks the Government to send a copy of it with its next report.

Article 9, paragraph 2. Determination of the persons responsible for compliance with the Convention. Referring to its previous comments, the Committee takes note of the Government’s information that, according to section 3(c) of the Employment Act, the employer is the person required to comply with the provisions giving effect to the Convention and who is also liable to sanctions.

Article 9, paragraph 3. Keeping of register by employers. The Committee had previously noted section 23 of the Employment Act, according to which every employer is required to maintain a register of persons aged below 18 years employed by or working for him/her. The Committee had also noted that according to the Government’s report, the applicable parliamentary Act still does not have a model register. The Committee notes the Government’s indication that a copy of the model register will be supplied once it is available. The Committee therefore requests the Government to take the necessary measures to ensure that the names and ages or dates of birth are shown in the registers which the employer must maintain, and to supply a copy of a model register as soon as it is available.

Part III of the report form. The Committee had previously noted that the Committee on the Rights of the Child indicates in its report that the labour inspectors, which have been instituted under the law regarding labour legislation (various provisions) are too few in number and often lack the resources needed to carry out inspections on child labour (CRC/C/8/Add.43, paragraph 340, 26 June 2001). The Committee had requested the Government to provide information on this point, and to indicate the methods by which compliance with national law is monitored. The Committee notes the Government’s indication that the application of this Convention is entrusted to the Ministry of Labour and Vocational Training (MoLVT), and that supervision and enforcement is done through labour inspections in compliance with national law. The Committee takes note of this information and asks the Government, with reference to the abovementioned report of the Committee on the Rights of the Child, to supply information on measures taken or envisaged in order to improve the application of the Convention with regard to child labour inspections.

Part V of the report form. Practical application of the Convention. The Committee takes note of the information contained in the MCLS indicating that there were 1.4 million child labourers in Malawi at the time of the survey undertaken in 2002, representing 37 per cent of all children; 52 per cent of child labourers were girls and 48 per cent were boys. The Committee further notes that the majority were children aged between 10 and 14 years, representing 41 per cent of child labourers. The second largest group were children aged between 5 and 9 years, representing 38 per cent of child labourers. The Committee also observes that most child labourers, 52.6 per cent, were engaged in the agricultural sector or in forestry, hunting and fishing. Another large group, 43.2 per cent, comprises children engaged in the community sector and in social and personal services. The Committee requests the Government to continue providing information on the application of the Convention in practice, including, for example, statistics on the employment of children and young persons, extracts from the reports of the inspections services and information on the number and nature of the contraventions reported and sanctions imposed.

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Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. Further to its previous observation, the Committee notes the information supplied by the Government in the Malawi Child Labour Survey 2002 (MCLS), carried out in collaboration with the ILO. The Committee observes that the focus of the existing programmes on combating child labour has been on the elimination of child labour, including its worst forms, capacity building in litigation on child labour, maintenance of child labour registers, inspection of child labour, rapid assessment of domestic child labour and executing the national study programme on child labour (which includes Children in Commercial Sexual Exploitation Study, the Street Kids’ Study and the National Child Labour Household Sample Survey). Existing governmental child labour intervention programmes have included the involvement of the organizations of employers and employees, i.e. the Employers’ Consultative Association of Malawi (ECAM), the Malawi Congress of Trade Unions (MCTU) and other affiliates.

The Committee notes that action programmes carried out by the government institutions have included: capacity building of the field labour officers on how to handle child labour issues; the rapid assessment on the previous hunger crisis’ impact on child labour for the period between November and December in 2002; public awareness seminars and implementation of the national study programme on child labour. Moreover, the Committee observes that mainstreaming of child labour elimination activities are taking root in certain ministries, for example - the Ministry of Education, Science and Technology; Ministry of Agriculture and Irrigation, Ministry of Gender and Community Services; Ministry of Labour and Vocational Training - and in various non-governmental organizations in the form of awareness campaigns, rehabilitation of the children who no longer are engaged in child labour activities, impact studies, policy and programme formulation and implementation. The Committee further notes that the media are being used to disseminate awareness campaigns against child labour.

In addition to the action programmes undertaken by the Government, the Committee observes that with the financial assistance of the Norwegian Agency for Development (NORAD), UNICEF, in conjunction with a number of non-governmental organizations, has been able to implement several programmes on the elimination of child labour. For example, the organization Plan International is implementing agricultural and food security and food rationing programmes in a number of rural areas to help keep children stay in school. Another programme is being implemented by the Chisomo Club, which is focusing on the rehabilitation of street kids. There is also a programme dealing with the elimination of child labour in tobacco companies, a programme implemented by the association called Tobacco Exporter Companies (TECs). The TECs are intensifying public awareness on child labour and its elimination and has, for example, set up schools in the tobacco-growing areas.

The Committee observes that some nine districts, deliberately chosen in the country to pilot the elimination of the worst forms of child labour and also to undertake surveillance of the trends on the other forms of child labour, have benefited from the NORAD assistance. The UNICEF and the coordinating unit against child labour in the Ministry of Labour and Vocational Training (MoLVT) are now implementing the scheme which includes the registering of child labour law violations, capacity building on child labour issues and setting up communication facilities within the districts.

The Committee further notes that the institutional framework on child labour has been strengthened. The MoLVT is coordinating activities through the labour relations department’s unit on child labour elimination. Furthermore, the various national steering and technical committee structures that have been established discuss pertinent issues on various programmes on the elimination of child labour. These structures were originally established to implement the ILO/IPEC child labour study programme. The Committee notes that the national child labour study programme is now completed and that it has established a database on child labour which the country will deploy to monitor the trends, character, and structure of child labour and the impact of various development programmes on the elimination of child labour.

The Committee observes that the local chiefs at the highest level of the traditional authority are now in the forefront in the advocacy activities that are spreading the message of restraining child labour use in general and also the complete elimination of the worst forms of child labour. This was due to public awareness seminars organized for local authorities on the elimination of child labour in the country.

The Committee notes with interest the detailed information on the measures taken to combat child labour but it observes once again that the Government has not provided information on the results attained.

The Committee is seriously concerned by the situation of the considerable number of children under 14 years of age who are compelled to work (according to the Malawi Child Labour Survey of 2002, more than 1 million children work, of whom approximately half are less than 9 years of age). The Committee strongly encourages the Government to renew its efforts to progressively improve this situation.

The Committee requests the Government to continue providing detailed information on the development of national policies designed to ensure the effective abolition of child labour, and on the results attained.

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

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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 2, paragraph 1, of the Convention. Scope. The Committee noted that, according to various provisions of Act No. 6 concerning employment, in particular section 3, which defines the employee, the Act is applicable only where there is an employment contract or labour relationship, although the Convention covers all cases of employment or work, including work done on a self-employed basis. The Committee once again requests the Government to provide additional information indicating the extent to which national legislation gives effect to the Convention in areas not covered by Act No. 6, 2000.

Minimum age. The Committee noted that the provisions of section 97 of the Inland Waters Shipping Act (No. 12) of 1995 refer to the definition of young persons given in the Children’s and Young Persons’ Act (Chapter 26:03). The Committee requested the Government to supply a copy of the Children’s and Young Persons’ Act (Chapter 26:03) to enable it to confirm that legislation prohibits access to work or employment for persons aged below 14 years on means of transport registered in the national territory. The Committee also noted that, according to section 21 of the Act concerning employment, the prohibition of work for children aged below 14 years does not cover work done "in homes", in technical vocational schools or other training institutions. The Committee once again requests the Government to provide some clarification regarding the work "in homes": is this "home work", domestic service, work done in children’s institutions such as orphanages, correctional institutions, etc.?

Article 3, paragraph 1. The Committee noted the provisions of section 22 of Act No. 6 concerning employment of 2000, subsection 1 of which prohibits work by or employment of persons aged between 14 and 18 years in a job or occupation likely to be detrimental to their health, safety, education, morals or development, or likely to interfere with school attendance or any vocational or training programme. The Committee also noted that, according to article 23 of the country’s Constitution, children aged below 16 years have the right to protection from economic exploitation or any treatment, work or punishment that is, or is likely to be hazardous or interfere with their education, or be harmful to their health or to their physical, mental, spiritual or social development. The Committee noted that there is a discrepancy between the constitutional provisions, which provide for protection from dangerous work for children aged below 16 years, and the provisions of section 22 of Act No. 6, which in accordance with the Convention lays down a minimum age of 18 years for work that is likely to be harmful to the health, safety, education, morals or development of such persons or prejudicial to their attendance at school or any other vocational or training programme. The Committee once again requests the Government to harmonize the provisions of the Constitution and the Act in order to ensure that no uncertainty arises as to the requirements of the Convention on this point.

Article 3, paragraph 2. The Committee noted that, in implementation of section 22(2) of Act No. 6 of 2000, the Minister can, in consultation with appropriate organizations of employers and employees, specify, by notice published in the Gazette, occupations or activities which, in his opinion, are likely to be harmful to the health, safety, education, morals or development of persons between the age of 14 and 18 years, or prejudicial to their attendance at school or any other vocational or training programme. The Committee reminded the Government that under the terms of this provision of the Convention, national legislation or the competent authority must determine the types of employment or work likely to jeopardize the health, safety or morals of adolescents. The Committee therefore once again requests the Government to take the necessary measures to give effect to the Convention in this matter and to supply information on the types of work thus determined after consultations with the organizations of employers and workers concerned.

Article 6. The Committee noted that the available legislation does not contain any provision concerning the conditions in which exceptions allowed under this Article can be authorized. At the same time, the Committee noted the reference in the Government’s report to section 21(2) of Act No. 6 concerning employment of 2000 which limits the prohibition of employment of children aged below 14 years by allowing work done in technical vocational schools or in other training institutions where this work is approved and supervised by the public authorities, or is part of a school or vocational training programme for which the school or institution is responsible. The Committee therefore once again requests the Government to indicate the conditions laid down by the competent authority for any work done by children or adolescents and authorized for the purposes specified in this Article. The Committee also requests the Government to provide information on consultations that have been held with the organizations of employers and workers concerned.

Article 7. The Committee noted the Government’s information according to which the occupations or activities in which young people aged below 14 years can be employed to do light work are determined by law. The Committee reminds the Government that light work is authorized only for children of at least 12 years of age. It accordingly requests the Government to take the necessary measures to ensure that it is prohibited to employ children aged below 12 years to do light work, to supply the list of occupations or activities concerned, and to provide details as to the conditions laid down for the employment or work of children aged between 12 and 14 years and on the working hours and conditions of employment applicable in such cases.

Article 8. The Committee noted that the United Nations Committee on the Rights of the Child (in CRC/C/8/Add.43, paragraph 29) refers to a law on censorship and regulation of entertainments. The Committee once again requests the Government to supply a copy of the law in question.

Article 9, paragraph 2. The Committee noted the provisions of section 24 of Act No. 6 of 2000, which states that any person who contravenes Part IV of the Act regarding the employment of young persons is guilty of an offence and liable to a fine of 20,000 kwachas and five years’ imprisonment. The Committee once again requests the Government to specify the persons required to comply with the provisions giving effect to the Convention and those liable to sanctions.

Article 9, paragraph 3. The Committee took note of section 23 of Act No. 6 of 2000, according to which every employer is required to maintain a register of persons aged below 18 years employed by or working for him/her. The Committee also noted that according to the Government’s report, the applicable parliamentary act still does not have a model register. The Committee reminds the Government that registers must show the name and age or date of birth, duly certified as far as possible, of persons employed by or working for the employer. It once again requests the Government to take the necessary measures to ensure that the name and age or date of birth are shown in the registers which the employer must maintain, and to supply a copy of a model register as soon as it is available.

Part III of the report form. The Committee noted that the Committee on the Rights of the Child indicates in its report that the labour inspectors, which have been instituted under the law regarding labour legislation (various provisions), are too few in number and often lack the resources needed to carry out inspections on child labour (CRC/C/8/Add.43, paragraph 340, 26 June 2001). The Committee once again requests the Government to provide information on this point, and to indicate the methods by which compliance with national law is monitored.

Part V of the report form. The Committee noted that, according to the Government’s report, statistics have not yet been produced, although a national survey is under way and its results are expected by the end of 2002. The Committee once again requests the Government to communicate the statistics as soon as they are available. The Committee notes that, according to sections 16 and 17 of Act No. 6 of 2000, inspection reports must be produced, and once again requests the Government to provide a copy of these reports as regards child labour.

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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:

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

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

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

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

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

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The Committee takes note of the information supplied in the Government’s reports.

Article 2, paragraph 1. Scope. The Committee notes that, according to various provisions of Act No. 6 concerning employment, in particular section 3, which defines the employee, the Act is applicable only where there is an employment contract or labour relationship, although the Convention covers all cases of employment or work, including work done on a self-employed basis. The Committee requests the Government to provide additional information indicating the extent to which national legislation gives effect to the Convention in areas not covered by Act No. 6, 2000.

Minimum age. The Committee notes that the provisions of section 97 of the Inland Waters Shipping Act (No. 12) of 1995 refer to the definition of young persons given in the Children’s and Young Persons’ Act (Chapter 26:03). The Committee requests the Government to supply a copy of the Children’s and Young Persons’ Act (Chapter 26:03) to enable it to confirm that legislation prohibits access to work or employment for persons aged below 14 years on means of transport registered in the national territory. The Committee also notes that, according to section 21 of the Act concerning employment, the prohibition of work for children aged below 14 years does not cover work done "in homes", in technical vocational schools or other training institutions. The Committee requests the Government to provide some clarification regarding the work "in homes": is this "home work", domestic service, work done in children’s institutions such as orphanages, correctional institutions, etc.?

Article 3, paragraph 1. The Committee notes the provisions of section 22 of Act No. 6 concerning employment of 2000, paragraph 1 of which prohibits work by or employment of persons aged between 14 and 18 years in a job or occupation likely to be detrimental to their health, safety, education, morals or development, or likely to interfere with school attendance or any vocational or training programme. The Committee also notes that, according to article 23 of the country’s Constitution, children aged below 16 years have the right to protection from economic exploitation or any treatment, work or punishment that is, or is likely to be hazardous or interfere with their education, or be harmful to their health or to their physical, mental, spiritual or social development. The Committee notes that there is a discrepancy between the constitutional provisions, which provide for protection from dangerous work for children aged below 16 years, and the provisions of section 22 of Act No. 6, which in accordance with the Convention lays down a minimum age of 18 years for work that is likely to be harmful to the health, safety, education, morals or development of such persons or prejudicial to their attendance at school or any other vocational or training programme. The Committee requests the Government to harmonize the provisions of the Constitution and the Act in order to ensure that no uncertainty arises as to the requirements of the Convention on this point.

Article 3, paragraph 2. The Committee notes that, in implementation of section 22(2) of Act No. 6 of 2000, the Minister can, in consultation with appropriate organizations of employers and employees, specify, by notice published in the Gazette, occupations or activities which, in his opinion, are likely to be harmful to the health, safety, education, morals or development of persons between the age of 14 and 18 years, or prejudicial to their attendance at school or any other vocational or training programme. The Committee reminds the Government that under the terms of this provision of the Convention, national legislation or the competent authority must determine the types of employment or work likely to jeopardize the health, safety or morals of adolescents. The Committee therefore requests the Government to take the necessary measures to give effect to the Convention in this matter and to supply information on the types of work thus determined after consultations with the organizations of employers and workers concerned.

Article 6. The Committee notes that the available legislation does not contain any provision concerning the conditions in which exceptions allowed under this Article can be authorized. At the same time, the Committee notes the reference in the Government’s report to section 21(2) of Act No. 6 concerning employment of 2000 which limits the prohibition of employment of children aged below 14 years by allowing work done in technical vocational schools or in other training institutions where this work is approved and supervised by the public authorities, or is part of a school or vocational training programme for which the school or institution is responsible. The Committee therefore requests the Government to indicate the conditions laid down by the competent authority for any work done by children or adolescents and authorized for the purposes specified in this Article. The Committee also requests the Government to provide information on consultations that have been held with the organizations of employers and workers concerned.

Article 7. The Committee notes the Government’s information according to which the occupations or activities in which young people aged below 14 years can be employed to do light work are determined by law. The Committee reminds the Government that light work is authorized only for children of at least 12 years of age, and accordingly requests the Government to take the necessary measures to ensure that it is prohibited to employ children aged below 12 years to do light work, to supply the list of occupations or activities concerned, and to provide details as to the conditions laid down for the employment or work of children aged between 12 and 14 years and on the working hours and conditions of employment applicable in such cases.

Article 8. The Committee notes that the United Nations Committee on the Rights of the Child (in CRC/C/8/Add.43, paragraph 29) refers to a law on censorship and regulation of entertainments. The Committee requests the Government to supply a copy of the law in question.

Article 9, paragraph 2. The Committee notes the provisions of section 24 of Act No. 6 of 2000, which states that any person who contravenes Part IV of the Act regarding the employment of young persons is guilty of an offence and liable to a fine of 20,000 kwachas and five years’ imprisonment. The Committee requests the Government to specify the persons required to comply with the provisions giving effect to the Convention and those liable to sanctions.

Article 9, paragraph 3. The Committee takes note of section 23 of Act No. 6 of 2000, according to which every employer is required to maintain a register of persons aged below 18 years employed by or working for him. The Committee also notes that according to the Government’s report, the applicable parliamentary act still does not have a model register. The Committee reminds the Government that registers must show the name and age or date of birth, duly certified as far as possible, of persons employed by or working for the employer, and requests the Government to take the necessary measures to ensure that the name and age or date of birth are shown in the registers which the employer must maintain, and to supply a copy of a model register as soon as it is available.

Part III of the report form. The Committee notes that the Committee on the Rights of the Child indicates in its report that the labour inspectors, which have been instituted under the law regarding labour legislation (various provisions), are too few in number and often lack the resources needed to carry out inspections on child labour (CRC/C/8/Add.43, paragraph 340, 26 June 2001). The Committee requests the Government to provide information on this point, and to indicate the methods by which compliance with national law is monitored.

Part V of the report form. The Committee notes that, according to the Government’s report, statistics have not yet been produced, although a national survey is under way and its results are expected by the end of 2002. The Committee requests the Government to communicate the statistics as soon as they are available. The Committee notes that, according to sections 16 and 17 of Act No. 6 of 2000, inspection reports must be produced, and requests the Government to provide a copy of these reports as regards child labour.

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The Committee takes note of the Government’s reports.

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

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

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

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