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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)

Article 2(2)(c) of the Convention. 1. Community work. The Committee previously noted the Government’s indication that provisions addressing community/public work as non-custodial sentence were already in place. Persons can be ordered by a court to perform such work for periods not exceeding eight hours per day excluding Sunday and public holidays. The Government also indicated that every person ordered by a court to perform public work who, without reasonable cause fails to perform work lawfully allotted to them, shall be liable to imprisonment for six months and the court, may under its discretion, revoke the order to perform public work. The Committee requested the Government to provide a copy of the provisions regulating the community work of convicted persons, and to provide information on the type of work that may be imposed in such a context, as well as the list of bodies authorized to implement community work.

The Committee notes the Government’s information in its report that concerned persons may perform clinical services, bricklaying and sanitary work, carpentry, horticulture, mopping, sweeping, slashing and other tasks at different public institutions. The Government also indicates that the persons ordered to perform community service are only placed at public institutions, not at private or for-profit undertakings. The Committee also notes the Community Service Revised Handbook of 2017 submitted with the Government’s report. According to it, persons concerned will be assigned to tasks matching with his/her talents, skills and other attributes, in order to ensure mutual benefits between the community and the offender.

2. Work exacted as a consequence of a conviction in a court of law. In its previous comments, the Committee requested the Government to provide a copy of the revised Prisons Act as soon as it was adopted, and to provide a copy of sections 75 and 76 of the Prisons Act (Cap. 9:02) concerning the work of prisoners. Referencing to the abovementioned sections, the Government stated that convicted persons may be asked to work within or outside the premises of the prison, and in any employment that may be approved by the Minister. The Committee requested the Government to indicate whether the revision of the Prison Act was still ongoing, and to provide a copy of the new Act as soon as it was adopted.

The Committee notes the absence of information on this point in the Government’s report. The Committee therefore once again requests the Government to indicate whether the revision of the Prison Act is ongoing, and to provide a copy of the new Act as soon as it is adopted. The Committee also requests the Government to indicate whether, and under what conditions, convicted persons may be required to perform work for private companies or associations.

Article 2(2)(e). Minor communal services. In its previous comments, the Committee requested the Government to provide information on the adoption of any provisions or regulations addressing minor communal services. The Committee also requested the Government to describe such work in more detail, indicating, in particular, the types of work performed and their duration, as well as whether individuals refusing to participate in communal services are liable to penalties.

The Committee notes an absence of information on this point in the Government report. The Committee therefore once again, requests the Government to provide, in its next report, updated information on the adoption of any provisions or regulations addressing 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.