Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Malawi (Ratification: 1965)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 2 of the Convention. Legislative developments. The Committee notes with interest the adoption of the Gender Equality Act of 2013, which aims to promote gender equality and equal integration and opportunities for men and women in all functions of society, provide for public awareness of gender equality, and prohibit and provide redress for direct and indirect discrimination based on sex, harmful practices (harmful social, cultural or religious practices) and sexual harassment. The Committee also notes that the Act provides for quotas on gender equality in public service employment and equal access to education and training. The Act requires the implementation of programmes to promote gender equality in all spheres of life and provides for its enforcement by the Human Rights Commission. The Committee requests the Government to provide information on the measures taken to implement the Gender Equality Act of 2013, and the impact in practice of such measures, and particularly the quotas on gender equality established for public service employment, education and training, on the promotion of equality and non-discrimination between men and women in employment and occupation. Please also provide information on the obstacles encountered during implementation, including any issues of legislative interpretation. The Committee requests the Government to provide information on the number and nature of the violations dealt with by the Human Rights Commission.

Access to education and vocational training. For a number of years, the Committee has been requesting information on the measures taken to address disparities in education levels between men and women. In this respect, the Committee notes the Government’s indication that the issue of gender and vocational training is addressed by the National Gender Policy. The Committee further notes that section 16 of the Gender Equality Act of 2013 requires the Government to take active measures to ensure that enrolment in tertiary educational institutions remains above a minimum quota of 40 per cent of students of either sex. Furthermore, section 14(1) of the Act establishes the right of all persons “to access education and training including vocational guidance at all levels”. The Act also requires the Government to take active measures to ensure that educational institutions provide equal access to girls and boys, and women and men. The Committee requests the Government to provide detailed information on the measures taken to meet the enrolment quota provided for in section 16 of the Gender Equality Act, and on the impact of such measures on women’s participation in the labour market, including in so-called traditionally “male” jobs, and higher level positions. The Committee also requests the Government to indicate any specific measures taken in the framework of the National Gender Policy to ensure equality of access to education and training, and to encourage the enrolment of girls and boys, and women and men in a wide range of education and vocational training courses, including in non-traditional fields.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.