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Repetition Article 1(a) of the Convention. Information on national policies, laws and regulations. The Committee notes the Government’s continued commitment towards the formulation of a migration policy and the collection of statistics relevant to migration issues, and its intention to request ILO technical assistance to facilitate this process, with the full involvement of the social partners. The Committee also notes the Government’s intention to start consultations on migration issues with a view to developing a national policy on migration. The Committee draws the Government’s attention to the ILO Multilateral Framework on Labour Migration which provides principles and guidelines useful to the elaboration and implementation of labour migration policies. The Committee asks the Government to provide information on the status and outcome of any consultations on migration issues, and encourages the Government to take steps to obtain ILO technical assistance to develop a labour migration policy and collect relevant statistics on migration. Articles 1 and 10. Special arrangements and bilateral agreements. The Committee reiterates its request to the Government to provide information on the nature of the existing collaboration with other governments, including the conclusion of agreements. Practical application. The Committee notes the Government’s indication that there are no judicial or administrative decisions concerning the application of the Convention and that no problems regarding the application of the Convention exist. The Committee once again recalls the importance of establishing effective mechanisms to ensure the application of the Convention, especially the principle of equality of treatment, given that migrant workers may not be in a position to take the initiative to secure respect for the relevant legislation due to lack of awareness of their rights or of dispute resolution procedures, or fear of reprisals. The Committee requests the Government to provide information on any practical measures taken to ensure the effective application of the Convention, including measures designed to enhance the capacity of judges and labour inspectors to identify and address issues covered by the Convention. The Committee encourages the Government, with a view to developing an effective labour migration policy, to examine the situation of temporary and permanent migrant workers in the country, including any violations detected by the bodies entrusted with the supervision of the application of the Convention, particularly as regards equality of treatment, and to report on any steps taken in this regard.
Repetition Article 1(a) of the Convention. Information on national policy. The Committee notes from the Government’s report that the sole programme on labour migration existing in the country concerns the recruitment of foreigners under temporary employment permits and that no statistical information on Malawi nationals working abroad and on foreigners employed in Malawi is currently available. The Committee also notes the Government’s intention to start consultations on migration issues with a view to developing a national policy on migration. The Committee further notes the Government’s wish to receive assistance from the Office in carrying out this task as well as in establishing a national monitoring system on migration flows, including a database. The Committee draws the Government’s attention to the ILO Multilateral Framework on Labour Migration which provide principles and guidelines useful to the elaboration and implementation of labour migration policies, and further reminds the Government of the importance of ensuring that the employers’ and workers’ organizations participate in this process. The Committee welcomes the Government’s initiative to develop a national policy on migration and to collect relevant statistical data, encourages the Government to take steps to obtain technical assistance from the Office in this regard. It also asks the Government to provide information on the progress achieved in the formulation of the national policy on migration.Article 1(c). Information on general agreements and special arrangements. The Committee reiterates its request for information on the nature of the existing collaboration with other governments on migration, including the conclusion of any relevant agreements. Practical information. The Committee notes from the Government’s report that no judicial or administrative decisions concerning the application of the Convention have been handed down. Nor have any violations been detected by the labour inspection services. The Committee recalls the importance of establishing effective mechanisms to ensure the application of the Convention, especially the principle of equality of treatment, given that migrant workers may not be in a position to take the initiative to secure respect for the relevant legislation due to lack of awareness or fear of reprisals. The Committee requests the Government to provide information on any practical measures taken to ensure the effective application of the Convention, including measures designed to provide judges and labour inspectors with specific training on the issues covered by the Convention. Please also continue to provide information on any judicial or administrative decisions involving questions of principle relating to the application of the Convention as well as on any violations detected by the bodies entrusted with the supervision of the application of the Convention, particularly as regards equality of treatment.
Article 1(a) of the Convention. Information on national policy. The Committee notes from the Government’s report that the sole programme on labour migration existing in the country concerns the recruitment of foreigners under temporary employment permits and that no statistical information on Malawi nationals working abroad and on foreigners employed in Malawi is currently available. The Committee also notes the Government’s intention to start consultations on migration issues with a view to developing a national policy on migration. The Committee further notes the Government’s wish to receive assistance from the Office in carrying out this task as well as in establishing a national monitoring system on migration flows, including a database. The Committee draws the Government’s attention to the ILO Multilateral Framework on Labour Migration which provide principles and guidelines useful to the elaboration and implementation of labour migration policies, and further reminds the Government of the importance of ensuring that the employers’ and workers’ organizations participate in this process. The Committee welcomes the Government’s initiative to develop a national policy on migration and to collect relevant statistical data, encourages the Government to take steps to obtain technical assistance from the Office in this regard. It also asks the Government to provide information on the progress achieved in the formulation of the national policy on migration.
Article 1(c). Information on general agreements and special arrangements. The Committee reiterates its request for information on the nature of the existing collaboration with other governments on migration, including the conclusion of any relevant agreements.
Practical information. The Committee notes from the Government’s report that no judicial or administrative decisions concerning the application of the Convention have been handed down. Nor have any violations been detected by the labour inspection services. The Committee recalls the importance of establishing effective mechanisms to ensure the application of the Convention, especially the principle of equality of treatment, given that migrant workers may not be in a position to take the initiative to secure respect for the relevant legislation due to lack of awareness or fear of reprisals. The Committee requests the Government to provide information on any practical measures taken to ensure the effective application of the Convention, including measures designed to provide judges and labour inspectors with specific training on the issues covered by the Convention. Please also continue to provide information on any judicial or administrative decisions involving questions of principle relating to the application of the Convention as well as on any violations detected by the bodies entrusted with the supervision of the application of the Convention, particularly as regards equality of treatment.
The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
1. The Committee notes with interest the Government’s brief information regarding the anti-discrimination principle contained in sections 5 and 6 of the Employment Act No. 6 of 2000 and the repeal of the African Emigration and Immigrant Workers Act Cap. 56:02 as a result of the coming into force of the Employment Act.
2. However, the Committee notes that since 1988 it has received no detailed report including up-to-date information covering all fields of the Convention. The Committee noted in its General Survey of 1999 on migrant workers (see paragraphs 5–17) that the extent, direction and nature of international labour migration have undergone profound changes since the Convention was adopted. The Committee therefore asks the Government to submit a full report on the application of the Convention in law and practice, in accordance with the relevant report form questionnaire approved by the Governing Body. The Committee also would appreciate if the Government would provide statistics on Malawian nationals working abroad, as well as on the number of foreigners employed in Malawi.
3. The Committee notes the Government’s statement in its report that the Government allows for the free flow of migrant labour. The Committee requests the Government to indicate the significance and impact of this non-regulation of migration. In this connection, the Committee would be grateful if the Government would state how the current trends in migration flows have affected the content and implementation of its national policy and legislation on emigration and immigration.
4. The Committee requests the Government to provide information on the nature of the existing collaboration, including the conclusion of any agreements on migration, with other governments, as indicated in the Government’s report.
5. The Committee would be grateful if the Government would indicate whether any provisions of the African Emigration and Immigrant Workers Ordinance Cap. 79 of 1963 remain in force in Malawi.
2. However, the Committee notes that since 1988 it has received no detailed report including up-to-date information covering all fields of the Convention. The Committee noted in its General Survey of 1999 on migrant workers (see paragraphs 5-17) that the extent, direction and nature of international labour migration have undergone profound changes since the Convention was adopted. The Committee therefore asks the Government to submit a full report on the application of the Convention in law and practice, in accordance with the relevant report form questionnaire approved by the Governing Body. The Committee also would appreciate if the Government would provide statistics on Malawian nationals working abroad, as well as on the number of foreigners employed in Malawi.
The Committee notes that since 1988 it has received no detailed report including up-to-date information covering all fields of the Convention. Supposing that changes have occurred - at least in practice - since the date of the last detailed report, the Committee would be grateful if the Government would submit a full report on the application of the Convention in law and in practice, in accordance with the relevant report form questionnaire approved by the Governing Body.