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Indigenous and Tribal Populations Convention, 1957 (No. 107) - Malawi (Ratification: 1965)

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Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2014.

Repetition

In reply to the 2013 direct request, the Committee notes the Government’s statement included in its May 2014 report indicating that the Barabaig population does not exist in Malawi, neither does Malawi have any indigenous populations in accordance with the Convention. The Government also indicates that consideration will be made in ratifying the Indigenous and Tribal Peoples Convention, 1989 (No. 169), after consultations have been made with the social partners. The Committee recalls that the Governing Body, at its 328th Session (November 2016), invited States parties to Convention No. 107 to contemplate ratifying Convention No. 169, which will, ipso jure, involve the immediate denunciation of Convention No. 107 (see document GB.328/LILS/2/1(Rev.), November 1997). The Committee invites the Government to submit information on the consultations held with the social partners with a view to consider ratifying Convention No. 169. Recalling that in the past the Government requested technical assistance from the Office, and in the light of the informed intention to consider ratifying Convention No. 169, the Committee trusts that the Office will be able to provide the technical assistance requested in the near future.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

In reply to the 2013 direct request, the Committee notes the Government’s statement included in its May 2014 report indicating that the Barabaig population does not exist in Malawi, neither does Malawi have any indigenous populations in accordance with the Convention. The Government also indicates that consideration will be made in ratifying the Indigenous and Tribal Peoples Convention, 1989 (No. 169), after consultations have been made with the social partners. The Committee recalls that the Governing Body, at its 270th Session (November 1997), invited States parties to Convention No. 107 to contemplate ratifying Convention No. 169, which will, ipso jure, involve the immediate denunciation of Convention No. 107 (see document GB.270/LILS/3(Rev.1), November 1997). The Committee invites the Government to submit information on the consultations held with the social partners with a view to consider ratifying Convention No. 169. Recalling that in the past the Government requested technical assistance from the Office, and in the light of the informed intention to consider ratifying Convention No. 169, the Committee trusts that the Office will be able to provide the technical assistance requested in the near future.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes that the Government’s report due in 2013 has not been received. In the past, the Government has expressed its intention to denounce Convention No. 107. The Committee notes the information contained in a report of the African Commission’s Working Group of Experts on Indigenous Populations/Communities (2005) which indicates that many Barabaig continue to be pushed onwards by shortages of land in neighbouring districts and countries (including Malawi) in search of pasture and water resources for the maintenance of their herds. The Committee invites the Government to indicate in its next report the size of the Barabaig population and other populations which the Government considers to be covered by the Convention. Please also indicate the regions of the country inhabited by them.

Revision of Convention No. 107. The Committee recalls that the Governing Body, at its 270th Session (November 1997), invited States parties to Convention No. 107 to contemplate ratifying the Indigenous and Tribal Peoples Convention, 1989 (No. 169), which will, ipso jure, involve the immediate denunciation of Convention No. 107 (see report of the Working Party on Policy regarding the Revision of Standards, document GB.270/LILS/3(Rev.1), paragraph 85). The Committee therefore encourages the Government to consider, in consultation with the social partners, ratifying Convention No. 169 and to provide information in this regard.

[The Government is asked to reply in detail to the present comment in 2014.]

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee recalls that the Government had asked that the Office provide technical assistance on determining how the Convention might be applied in the country. The Committee notes that in its report the Government indicates that it has not yet received assistance from the Office. The Committee encourages the Government to take the necessary steps to renew its request for technical assistance and trusts that the Office will provide the assistance requested.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report has not been received. The Committee previously recommended that the Government consult with the Office on how the Convention might be applied to certain sections of the population in the country. In November 2004, the Office, replying to a request for technical assistance, sought the Government’s views on the way forward. However, the Committee understands that no further developments have occurred since then. The Committee therefore hopes that follow-up to the Government’s request for technical assistance will be provided.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that in its report the Government has asked again that the Office provide assistance on determining how the Convention might be applied in the country.

The Committee again requests the Office to provide such assistance in the very near future.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes that no reply has been received to its previous direct request, and that no report has been communicated.

As the Committee noted previously, the Government indicated in its 2001 report that the Convention was no longer relevant to Malawi and requested Office assistance on the procedure for denunciation. The Committee asked the Office to contact the Government to explore how the Convention might be applied to certain populations in the country, which the Office has done in 2001 and 2002.

The Committee notes that the ILO’s Project to Promote ILO Policy on Indigenous and Tribal Peoples is already working in a number of African countries, including Cameroon, Central African Republic, Ethiopia, Kenya, Morocco, United Republic of Tanzania and South Africa.

The Committee hopes the consultations contemplated here will take place in the near future, and looks forward to learning their outcome.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes from the report that the Government considers that this Convention is no longer relevant to the situation in the country, and that it has asked for the Office’s advice concerning denunciation.

The Committee notes that the Office is contacting the Government to explore the application of the Convention to certain of the populations of the country. It hopes that the Government will indicate the outcome of these consultations in its next report.