Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Communication of texts. The Committee notes the Government’s indication in the report that the revision of the Prisons Act has not yet been completed. The Committee reiterates its hope that the Government will supply a copy of the revised Prisons Act as soon as it is adopted. Pending the adoption, the Committee again requests the Government to provide a copy of sections 75 and 76 of the Prisons Act (Cap.9:02) concerning the work of prisoners, which has been referred to by the Government as attached to the report, but in fact has not been received in the Office.

Articles 1(1) and 2(1) of the Convention. Bonded labour. The Committee previously noted the Government’s indication that the Tenancy Labour Bill would not be submitted to the Parliament before its possible negative and positive effects on the economy are determined, and that a study was conducted with the objectives to identify the possible ways of abolishing the tenancy labour system in Malawi and to specify how direct wage labour would effectively replace the tenancy labour system.

The Committee previously noted the Government’s indication in its 2008 report that the study had been published and that it pointed out clearly that the tenancy system was still favoured by tobacco growers for lack of viable alternatives. It also indicated that the study recommended a gradual phasing out of the system, starting with regulating it. As regards the Tenancy Labour Bill, the Government indicated that it was still under discussion with the social partners and other stakeholders.

The Committee notes that the Tenancy Labour Study which, according to the Government, was attached to the report, has still not been received in the Office. The Committee therefore requests the Government once again to supply a copy of the study referred to above and reiterates its hope that the Tenancy Labour Bill will soon be adopted. It requests the Government to keep the ILO informed of the developments.

Freedom of career military personnel to leave the service. The Committee previously noted the Government’s indication in the report that military officers and other career military service personnel have the right to leave the service, in time of peace, at their own request, after seven or ten years of service, by means of notice of reasonable length. It requested the Government to indicate provisions governing this issue. The Committee also noted the provision of section 26(f) of the Defence Force Act, under which an officer may be discharged at any time during the currency of any term of engagement, at his own request on “compassionate grounds”. The Committee pointed out that career members of the armed forces, who have voluntarily engaged in the armed forces, should not be deprived of the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice.

While noting the Government’s repeated statement in its reports that it is still consulting the relevant departments on this issue, the Committee requests the Government once again to describe such “compassionate grounds” for resignation, indicating the criteria applied in accepting or rejecting a resignation.

Article 2(2)(a). Compulsory military service. In its earlier comments, the Committee noted that, under section 5 of the Defence Force Act (No. 11 of 2004), the defence force shall be charged with the defence of, and maintenance of order in, Malawi and with such other duties as are in accordance with the Constitution and the Act. The Government indicates in its report that “other duties” are normally restricted to emergency situations like assisting the police in maintaining law and order in times of crisis or in times of disaster to evacuate people from dangerous places. While noting these indications, the Committee requests the Government to supply copies of the relevant legislative provisions. Please state what guarantees are provided to ensure that services exacted for military purposes are used for purely military ends.

Article 2(2)(e). Minor communal services. In its earlier comments, the Committee noted that, under section 3 of the Employment Act, 2000, the expression “forced labour” does not include minor communal services of a kind performed by members of the community in the direct interest of the community. It also noted the Government’s indication that when the community wants to undertake any work or service to improve their living standards, this is done in consultation with all the people concerned in that area. The Government also indicated that the issue was tabled for discussion in the current law review process. In its latest report, the Government adds that a draft revised bill has taken into consideration the issues raised by the Committee. The Committee hopes that the provisions of the Convention concerning minor communal services will be duly taken into account in the course of the current law review process and that the Government will keep the Office informed of the developments in this area. Pending the revision, the Committee requests the Government to continue to provide information on the exaction of minor communal services in practice and on the consultations of the members of the community concerning the need for such services.