Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Minimum Age Convention, 1973 (No. 138) - Malawi (Ratification: 1999)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 1 of the Convention and Part V of the report form. National policy and practical application of the Convention. The Committee previously noted with interest the detailed information on the measures taken by the Government to combat child labour. It nevertheless was seriously concerned by the situation of the considerable number of children under 14 years of age who were compelled to work (according to the Malawi Child Labour Survey of 2002, more than 1 million children work, of whom approximately half are less than 9 years of age). The Committee encouraged the Government to renew its efforts to progressively improve this situation.

With reference to its previous comments requesting the Government to continue providing detailed information on the development of national policies designed to ensure the effective abolition of child labour and the results attained, the Committee notes the Government’s indication that a National Plan of Action for Orphans and Other Vulnerable Children 2005–09 (NPA for OVC) and a Childhood Development Policy were established. More particularly, it notes that, according to the NPA for OVC, around 500,000 children were orphans due to HIV/AIDS in 2004, and more than 1 million children were orphans in Malawi in 2005. Moreover, the number of orphans by different age groups is the following: 110,000 (0–4 years), 340,00 (5–9 years) and 558,000 (10–18 years). The Committee noted that the Government is aware of the consequences of HIV/AIDS on orphans, such as increased child labour and children dropping out from school. It also noted that the Strategic Objective No. 3 of the NPA for OVC is “to protect the most vulnerable children through improved policy and legislation, leadership, efficient coordination at all levels”.

The Committee once again expresses its serious concern at the situation of the considerable number of children under 14 years of age who are compelled to work. It also is seriously concerned by the high number of child orphans in Malawi due to HIV/AIDS and observes that HIV/AIDS has consequences for orphans, for whom there is an increased risk of being engaged in child labour. The Committee requests the Government to redouble its efforts to ensure the progressive abolition of child labour. The Committee also requests the Government to provide information on the impact of the NPA for OVC and the Childhood Development Policy towards abolishing child labour, and on the results attained. Finally, the Committee also requests the Government to continue providing information on the application of the Convention in practice, including, for example, statistics on the employment of children and young persons, extracts from the reports of the inspections services and information on the number and nature of the contraventions reported and sanctions imposed.

The Committee is also addressing a direct request to the Government on other points.

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