Observation (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Repetition

Articles 1(1) and 2(1) of the Convention. Debt bondage. In its previous comments, the Committee raised the issue of forced labour in tobacco plantations in response to allegations from various workers’ organizations. It noted that the Government denied these allegations, stating that the labour inspectors of Malawi had never heard of such cases and that no forced labour complaint had been filed. The Committee also noted that, in its 2010 report for the periodic review of the General Council of the World Trade Organization (WTO) regarding trade policies of Malawi, the International Trade Union Confederation (ITUC) highlighted that in plantations, especially in tobacco farms, tenant labourers are exploited through an indebtedness system and coerced into labour by the landlords.

The Committee notes the Government’s brief indication in its latest report that the Tenancy Labour Bill was discussed at Cabinet level and has been referred back to the Ministry of Labour for further revision. The Committee also notes the statement in the report of the UN Special Rapporteur on the right to food, of January 2014, that an estimated 300,000 tobacco tenant families live in extremely precarious situations in the country. The Special Rapporteur highlights that the incomes of tenant families depend on the quantity and quality of tobacco sold to the landowner in each harvest season and that, in some cases, families are left without any income once they reimburse loans covering their food requirements during the growing season (A/HRC/25/57/Add.1, paragraph 47). Referring also to the explanations contained in paragraph 294 of its 2012 General Survey on the fundamental Conventions, the Committee recalls that the manipulation of credit and debt by employers is still a key factor that traps vulnerable workers in forced labour situations. For example, poor agricultural workers may be induced into indebtedness through accepting relatively small but cumulative loans or wage advances from employers at times of scarcity. The Committee therefore reiterates its hope that the Government will take the necessary measures to expedite the adoption of the Tenancy Labour Bill with a view to strengthening the protection of tenant labourers against the debt mechanisms that may result in debt bondage. The Committee requests the Government to supply a copy of the law once it is adopted.

Trafficking in persons. The Committee notes the Government’s indication that a draft bill on human trafficking is ready to be submitted to Parliament. The bill would address issues concerning both internal and cross-border trafficking. The Government further indicates that it is carrying out activities to help sensitize courts, the police and communities on the issue of trafficking. The Committee also notes the Government’s indication that cases of trafficking are currently prosecuted under provisions of the Penal Code, in cases of adult victims, and of the Child Care, Protection and Justice Act (2010), in cases of child victims.

The Committee notes, however, that the UN Human Rights Committee, in its concluding observations of July 2014, expresses concern about the delays in adopting specific anti-trafficking legislation, the prevalence of trafficking in the country and the lack of official data available on its extent. The UN Human Rights Committee also expresses regret regarding the lack of adequate programmes to protect and support victims (CCPR/C/MWI/CO/1/Add.1). The Committee accordingly requests the Government to take the necessary measures to ensure the adoption in the very near future of comprehensive legislation against trafficking in persons, including adequate sanctions allowing those responsible for trafficking to be prosecuted and punished. The Committee also requests the Government to provide information on the measures adopted with a view to protecting and assisting victims of trafficking. Finally, the Committee requests the Government to provide detailed information on the specific measures taken to prevent and combat trafficking in persons, as well as statistics on the number of cases of trafficking examined by the authorities and specific penalties applied.