Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Migration for Employment Convention (Revised), 1949 (No. 97) - Malawi (Ratification: 1965)

Malawi (ratification: 1965)

Statistical data on migration. Recalling that appropriate data and statistics are crucial in determining the nature of labour migration and inequalities of treatment faced by migrant workers, to set priorities and design measures, and to evaluate their impact (2016 General Survey, Promoting fair migration,  para. 648), the Committee requests the Government to provide statistical data disaggregated by sex and mobility on the number of migrant workers in Malawi and the number of workers from Malawi seeking employment abroad, in particular in the Southern African Development Community.

Article 1(a) of the Convention. Information on national policies, laws and regulations on migration. In follow up to its previous request for information in this regard, the Committee takes note of the Government’s reiterated engagement towards the formulation of a migration policy. The Committee also notes that in its report, the Government indicates that a number of recent developments aiming at enhancing the protection of migrant workers, especially Malawians nationals who emigrate, have taken place. These developments include: (1) the compilation of a National Migration Profile, (2) the enactment in 2015 of the Trafficking in Person Act, (3) the formulation of a National Diaspora Engagement Policy, (4) the monitoring of the welfare of refugees through a Committee chaired by the Ministry of Homeland Security, and (5) the launch of a Project on voluntary return for migrant workers in irregular status in South Africa, supported by the International Organization for Migration (IOM). The Committee requests the Government to provide information on the steps taken towards the adoption of a migration policy. It further recalls that the Government may avail itself of the technical assistance of the ILO to facilitate this process.

Articles 1(c) and 10. Special arrangements and bilateral agreements. In response to the Committee’s previous request for information regarding the conclusion of such agreements, the Government indicates that a bilateral labour agreement was signed with Qatar. In this regard, the Committee refers to the ILO General Principles and Operational Guidelines for Fair Recruitment and Definition of Recruitment Fees and Related Costs inviting Members to make the international agreements on labour migration publicly available.

Enforcement. In its previous comment, the Committee requested the Government to provide information on any practical measures taken to ensure the effective application of the Convention, including measures designed to enhance the capacity of judges and labour inspectors to identify and address issues such as equality of treatment. In its report, the Government indicates that a number of court decisions have been adopted regarding the issue of trafficking in persons for labour exploitation. While taking note of this indication, the Committee requests the Government to communicate information on the: (i) number of cases detected by the labour inspectorate in relation with the employment of migrant workers (on the basis of the Trafficking in persons Act or the Employment Act), (ii) the number of such cases dealt with in Court, and (iii) the outcome of the proceedings (penalties and sanction imposed if any).