Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

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

Article 1 of the Convention. Sexual harassment. The Committee notes from the Government’s report that the revised draft Employment Act prohibits sexual harassment. The Committee however notes that no other information is provided in reply to its previous requests. The Committee therefore reiterates its request for the following: (a) copies of the laws and regulations providing for protection against sexual harassment, including a copy of the revised Employment Act when adopted, as well as information on their application in practice; (b) further details on the administrative mechanisms for addressing sexual harassment and information on the number of sexual harassment cases that have been handled through these mechanisms or through the courts or that have been reported by the labour inspectorate, including the remedies provided; and (c) copies of policies and collective agreements in which employers’ and workers’ organizations have addressed sexual harassment.

Scope of protection (self-employed persons, domestic workers and members of the armed forces, the prison service and the police). Recalling that the Employment Act does not apply to self-employed persons, the Committee notes the Government’s indication that these persons are protected against discrimination under the Constitution. The Committee requests the Government to provide full information on the manner in which the Constitution is applied in practice to prohibit and address discrimination against men and women who wish to enter into self-employed occupations and to ensure that they have access to services and facilities necessary for this purpose in line with the principle of equality of opportunity and treatment.

Further to its previous comments concerning the protection of domestic workers, members of the armed forces, the prison service and the police, the Committee notes from the Government’s report that while the employment of domestic workers falls within the scope of the Employment Act, the employment of the other categories of workers is governed by specific Acts. The Committee again requests the Government to provide copies of the regulations governing the employment of members of the armed forces, the prison service and the police as well as statistical information, disaggregated by sex, on the numbers of men and women that are engaged in these occupations. Please also provide information on any cases involving the application of the Convention in respect of these categories of workers that have been brought before national courts or relevant administrative bodies, including information on the final decisions and the remedies provided.

Equal access to vocational training. In the absence of the information solicited, the Committee reiterates its request for the following: (a) information on the measures taken or envisaged, including through career guidance, to encourage women to consider training which is less traditionally or typically “female”, as well as information on any other measures taken to correct de facto inequalities in education with a view to enhancing women’s access to productive employment and skills development; and (b) statistical data on the number of women who have entered non-traditional occupations as a result of their participation in the abovementioned training courses. The Committee also refers to its comments under the Equal Remuneration Convention, 1951 (No. 100).

Article 3. Cooperation with employers’ and workers’ organizations. The Committee recalls its previous comments on the involvement of the social partners in the monitoring of the provisions of the Employment Act (2000) and the national policy on equality of opportunity and treatment. The Committee again requests the Government to provide details on the manner in which employers’ and workers’ organizations engage in these monitoring activities.

Parts III to V of the report form. The Committee notes the report of the Industrial Relations Court referring to a series of sensitization workshops, seminars and training designed to enhance people’s awareness about labour matters. The Committee also notes from the Government’s report that no judicial decisions have been given in respect of the application of the Convention, nor is any information available concerning relevant violations detected by labour inspection services. The Committee requests the Government to provide information on the awareness-raising activities carried out by the Industrial Relations Court and any other measures taken to raise public awareness about the principle of the Convention and the remedies available under national law in case of breaches of its provisions. It also requests detailed information on the activities carried out by the Industrial Relations Court in this regard. Please also provide information on the report of the Law Reform Commission in so far as it relates to the application of the principle of equality of opportunity and treatment along with a copy of the report.