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Forced Labour Convention, 1930 (No. 29) - Malawi (RATIFICATION: 1999)
Protocol of 2014 to the Forced Labour Convention, 1930 - Malawi (RATIFICATION: 2019)

Articles 1(1) and 2(1) of the Convention. Freedom of career military personnel to leave service. In its previous comments, the Committee noted the Government’s indication that military officers and other career military service personnel have the right to leave their service, in time of peace, at their own request, after seven or ten years of service, by means of notice of reasonable length. The Committee also referred to section 26(f) of the Defence Force Act (No. 11 of 2004), which stipulates that an officer may be discharged at any time during the currency of any term of engagement, at his own request on “compassionate grounds”. In this regard, the Committee notes the Government’s indication that “compassionate grounds” for resignation refer to medical grounds, where the condition is confirmed by a medical certificate. According to the Government, the resignation may also be justifiable on “compassionate grounds” in case of illness of a spouse. With reference to the explanations in paragraphs 46 and 96–97 of its General Survey of 2007 on the eradication of forced labour, the Committee once again recalls that career members of the armed forces, who have voluntarily entered into an engagement, cannot be denied the right to leave the service in peacetime within a reasonable period, e.g. by means of notice of reasonable length, whatever the reason for resignation. The Committee therefore requests the Government to provide information on the application in practice of provisions in the Defence Force Act and other regulations relevant to the resignation of career members of the defence force (e.g. the Defence Force (Officers) Regulations or the Defence Force (Other Ranks) Regulations), indicating in particular, over the past few years, the number of cases in which resignations were refused and the grounds for refusal.

Article 2(2)(e). Minor communal services. The Committee previously noted that, under section 3 of the Employment Act, 2000, 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. In this connection, the Government indicated that minor communal services are undertaken mainly in rural areas, and are performed by members of the community, in consultation with all the people concerned in that area, with a view to improving their living standards. The Government also indicated that the issue was tabled for discussion in the context of a law review process, and that a draft revised Act had taken into consideration the issues raised by the Committee. The Committee notes that the Government’s latest report does not contain new information on this matter. The Committee requests the Government to provide, with its next report, updated information on the adoption of any provisions or regulations addressing community work and/or minor communal services. The Committee also requests the Government to describe such work in more detail, indicating, in particular, the types of work performed and its duration, as well as whether individuals refusing to participate in communal services are liable to penalties.

Communication of texts. The Committee notes the Government’s indication that the revised Prisons Act has not yet been adopted. The Committee once again requests the Government to provide a copy of the revised Prisons Act as soon as it is adopted. It also reiterates its hope that the Government will not fail to provide a copy of sections 75 and 76 of the Prisons Act (Cap. 9:02) concerning the work of prisoners.