Demande directe (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

1. The Committee has noted with interest the information provided by the Government in its first and second reports on the application of the Convention. It has also noted a communication dated 6 February 2002, received from the International Confederation of Free Trade Unions (ICFTU), which contains comments on the observance of the Convention in Malawi, and the Government’s reply to these comments.

In its communication, the ICFTU has made the following allegations of the existence of forced labour on plantations and in domestic service:

Bonded labour is reported to occur in domestic service, often involving girls and young women, and is widespread on tobacco plantations, involving entire families. Tobacco tenants have exclusive arrangements, often non-written, with the estate owners to sell their crop and to buy inputs such as fertilizer, seed and often food. These inputs, in addition to rent charges, often outweigh the artificially low price received for the tobacco crop, leading to a situation of debt and bonded labour to repay the debts.

In its reply, the Government expressed surprise at the allegations and denies them stating that labour inspectors in Malawi have never come across such cases and no complaints concerning the alleged forced labour have been filed under section 64 of the Employment Act, 2000. The Government also refers to the ILO/IEC regional programme on prevention, withdrawal and rehabilitation of children engaged in hazardous work in the commercial agricultural sector, in which Malawi has been included. The programme will focus on eventual elimination of child labour in the tobacco sector. In addition, there are private sector initiatives undertaken by the tobacco growing enterprises and estates and the Tobacco Exporters’ Association of Malawi, which are aiming at the elimination of child labour in the same sector. The Government also indicates that a Tenancy Labour Bill drafted in consultation with the social partners is in the process of being presented to Parliament.

The Committee welcomes these indications and hopes that appropriate measures will be taken or envisaged by the Government to identify bonded labourers, both in the tobacco sector and in the domestic service (e.g. by reinforcing the role of labour inspectors), and to ensure their subsequent rehabilitation. The Committee requests the Government to provide, in its next report, information on the action taken. Please also supply a copy of the Tenancy Labour Act, as soon as it is adopted.

2. The Committee has noted the provisions of section 27 of the Malawi Constitution and section 4(1) of the Employment Act, 2000, prohibiting forced labour. It would be grateful if the Government would supply, with its next report, copies of the following legislation: the latest updated and consolidated text of the Penal Code and Prison Regulations (as well as any other provisions governing prison labour); the Defence Force Act and other acts governing disciplined forces; legislation concerning a state of emergency. The Committee also requests the Government to provide additional information on the following points.

Article 2(2)(a) of the Convention. Please indicate what guarantees are provided to ensure that services exacted for military purposes are used for purely military ends. Please also indicate any provisions applicable to military officers and other career military servicemen, as regards their right to leave the service, in time of peace, at their own request, either at certain reasonable intervals or by means of notice of reasonable length.

Article 2(2)(b). The Committee has noted from the definition of "forced labour" given in section 3 of the Employment Act, 2000, that the expression "forced labour" does not include any work or service that forms part of the normal communal or civil obligations of citizens of Malawi. Please describe such "normal communal and civil obligations" and supply copies of relevant provisions.

Article 2(2)(e). The Committee has noted from the abovementioned section 3 of the Employment Act, 2000, that 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. Please provide information on any exaction of such minor communal services in practice and on the consultations of the members of the community concerning the need for such services.