Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Repetition

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee recalls that it previously asked the Government to consider amending the definition of sexual harassment in section 6(1) of the Gender Equality Act (GEA) of 2013 to explicitly include hostile work environment harassment and to ensure that the “reasonable person” in the definition of harassment no longer refers to the harasser, but to an outside person, in order to ensure effective protection against all forms of harassment in the workplace. While noting that the Government’s report does not contain any information in this respect, the Committee notes the inclusion in the Malawi Public Service Management Policy 2018–2022 of a strategy to “implement programmes aimed at eliminating all forms of violence in the workplace and at home including gender-based violence, particularly sexual violence”. In order to ensure comprehensive protection against sexual harassment, the Committee asks the Government to amend section 6(1) of the GEA to ensure that the term “reasonable person” in the definition of sexual harassment no longer refers to the harasser, but to an outside person. The Committee asks the Government to provide information on the measures adopted pursuant to section 7 of the GEA to ensure that employers have developed and are implementing appropriate policies and procedures aimed at eliminating sexual harassment in the workplace. Further, the Committee asks the Government to take steps to address sexual harassment in the public service, including the provision of adequate reporting procedures, remedies and sanctions. It also encourages the Government to consider conducting awareness-raising campaigns, in cooperation with workers’ and employers’ organizations, focusing specifically on sexual harassment in employment and occupation.

Article 2. National Equality Policy. Promoting equality and inclusiveness in the public service. The Committee welcomes the provision by the Government of statistics on the distribution of men and women in decision-making positions (grades A–F). These statistics show that women never exceed more than 26 per cent of the composition of staff in these grades (25 per cent in the higher grade A, or only one woman, and 10 per cent in grade B). The Committee notes with interest the adoption in February 2018 of the Malawi Public Service Management Policy 2018–2022, which explicitly refers to the numerous Acts, including the Employment Act of 2000 and the GEA of 2013. The Committee further notes that the policy recognizes that “the public service is not inclusive enough in terms of gender” and other groups and that “there are perceptions that people with disabilities and people from different cultures are not equitably represented in the public service [and a] perception of dominance of a few groups of people in strategic positions based on political affiliations and tribe”. According to the policy, the Government will take the following steps: promoting inclusiveness and equity in employment; adopting legislative, executive and administrative measures that guarantee the right to employment and promotion of women, ethnic minorities and people with disabilities, marginalized and vulnerable social groups, in line with GEA and other legislation; and implementing a strategic and systematic approach to human resource development in the public service. The Committee asks the Government to take the necessary steps to implement the strategy on equality and diversity in the Public Service Management Policy, and particularly to adopt legislative, executive and administrative measures to that end, and to effectively promote equal opportunities and treatment for all at all levels in the public service through training and awareness-raising. The Government is asked to provide specific information on the results achieved through this policy with respect to the employment of women, persons with disabilities and persons from vulnerable or marginalized groups, and to report any obstacles encountered.

Promoting gender equality. National Gender Policy of 2015 and Gender Equality Act of 2013. The Committee recalls the adoption of the National Gender Policy in 2015, which includes as one of its objectives the creation of “a favourable environment for equal employment opportunities and benefits for women and men in both formal and informal sectors” through the elimination of occupational segregation and discrimination and the review of labour laws. It also recalls the adoption of the Gender Equality Act (GEA) in 2013, which aims to promote gender equality and prohibits and provides redress for direct and indirect sex discrimination, harmful practices and sexual harassment. The GEA also provides for the introduction of programmes designed to raise awareness of its provisions. The Committee notes with interest that the Government has taken the following steps to promote the GEA: an Implementing and Monitoring Plan for the GEA was launched in 2016; the Committee on Gender was established; awareness-raising meetings targeting magistrates, police officers, representatives of the private sector and community-based and civil society organizations were conducted throughout the country; dissemination of the Act to various stakeholders was organized; and a teaching guide on the GEA was published. The Committee notes the Government’s indication that there is a need for rules and regulations on gender equality to be developed and for the provisions on gender in other laws, such as the Public Service Act, the Service Commission Act and the Human Rights Commission Act, to be reviewed and harmonized with the provisions of the GEA. The Government also emphasizes the need to intensify civic education and awareness campaigns targeting traditional leaders and women and acknowledges that there is still a long way to go to achieve gender equality, in particular in employment, training and education. The Committee asks the Government to continue disseminating information to raise awareness of the GEA and to intensify its efforts in this regard among workers, employers and their organizations. The Committee asks the Government to take steps to adopt the rules and regulations pursuant to the GEA and to review the provisions on gender equality in other legislation in light of the GEA. It also asks the Government to provide information on the Implementing and Monitoring Plan for the GEA and any measure adopted to promote equal employment opportunities and benefits for women and men in both the formal and informal economy pursuant to the National Gender Policy.