Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

The Committee notes the information provided by the Government in its report.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. In its previous comments, the Committee noted the Government’s indication that this practice does not happen in Malawi. However, it also noted that, in its initial report to the Committee on the Right of the Child in June 2001 (CRC/C/8/Add.43, paragraph 370), the Government indicated that sections 135, 167 and 265 of the Penal Code establish various offences in relation to the abduction, trafficking and sale of children and provide for sentences of imprisonment. In its concluding observations on this initial report of Malawi in April 2002 (CRC/C/15/Add.174, paragraphs 63 and 64), the Committee on the Rights of the Child expressed concern at information on alleged instances of trafficking in children. The Committee requested the Government to provide information on the imposition of penalties in practice by providing, inter alia, reports on the number of convictions. The Committee notes the Government’s indication that there has been one case of trafficking involving ten children. The Committee notes the Government’s indication that is currently reviewing national laws relating to human trafficking. The Committee therefore requests the Government to redouble its efforts to protect children under 18 years of age from sale and trafficking for economic and sexual exploitation. It hopes that the review of the national laws relating to human trafficking will be finalized in the near future and new provisions on this matter will be adopted soon. The Committee requests the Government to provide information on any progress achieved in this matter. Noting that the Government has not provided the Penal Code, it once again requests it to provide the Office with a copy of this Code.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee previously noted that, according to an analysis entitled “Malawi Child Labour Survey”, published in February 2002 and produced by the Government and ILO/IPEC, over 500 children were victims of commercial sexual exploitation, particularly prostitution. The majority of the children were aged between 15 and 17 years. However, depending on the geographical area, between 15 and 20 per cent of the children were between 10 and 14 years of age. The Committee also noted that, in its concluding observations on the initial report of Malawi in April 2002 (CRC/C/15/Add.174, paragraph 61), the Committee on the Rights of the Child expressed concern at the lack of knowledge of sexual exploitation and at the increasing number of child victims of commercial sexual exploitation, including prostitution and pornography. The Committee on the Rights of the Child also expressed concern at the insufficient programmes for the physical and psychological rehabilitation and social integration of child victims of this type of abuse and exploitation. In this regard, the Committee observed that, according to the information referred to above, the use, procuring or offering of young persons under 18 years of age for prostitution, for the production of pornography or for pornographic performances appeared to exist in Malawi, but that national legislation did not appear to prohibit this worst form of child labour. The Committee accordingly requested the Government to take the necessary measures to prohibit in the national legislation the use, procuring or offering of young persons under 18 years of age for prostitution, for the production of pornography or for pornographic performances.

The Committee notes the Government’s indication that the labour laws are currently being reviewed and this issue will be taken into consideration by all stakeholders and that the Malawi Censorship Board is doing its best on this matter. The Committee reminds the Government that, under the terms of Article 3(b) of the Convention, the use, procuring or offering of a young person under 18 years of age for the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances is considered to be one of the worst forms of child labour. It requests the Government to indicate the measures adopted or envisaged to secure the prohibition and elimination of the use, procuring or offering of young persons under 18 years of age for prostitution, for the production of pornography or for pornographic performances.

Article 4, paragraph 1. Determination of types of hazardous work. In its previous comments, the Committee noted that section 22(2) of the Employment Act provides that the Minister may, in consultation with relevant organizations of employers and employees, specify, by notice published in the Gazette, occupations or activities which, in the Minister’s opinion, are likely to be harmful to the health, safety, education, morals or development of persons between the ages of 14 and 18 years. The Government indicated that, since the Act was promulgated, the Minister has not consulted with the relevant organizations of employers and employees on this issue but that it would consult the organizations of employers and employees following the discussions in the ILO Consultative Workshop on Child Labour Monitoring and Identification of Hazardous Types of Work scheduled for November 2004. The Committee notes the Government’s indication that a draft list of hazardous types of employment or work has been established and it is ready to be discussed with stakeholders. The Committee reminds the Government that, by virtue of Article 4, paragraph 1, of the Convention, the competent authority is obliged to determine the types of hazardous work, after consultation with the organization of employers and workers concerned. The Committee accordingly requests the Government to provide information on any progress made in adopting the draft list of hazardous types of work after consultation with the organizations of employers and workers concerned.

Article 5. Monitoring mechanisms. 1. Child labour monitoring system. Referring to its previous comments concerning the establishment of the National Steering Committee (NSC) on child labour, the National Task Force on the Elimination of Child Labour and the Child Labour Monitoring System (CLMS), the Committee notes the detailed information provided by the Government. It particularly notes that, at the national level, the Child Labour Unit in the Ministry of Labour and Vocational Training (IAs) provides the technical back up to the monitoring. The Unit was responsible for the development of the Action Programme and submission of the same to the ILO/IPEC Commercial Agriculture Programme for funding. The Unit also facilitated the setting up of the monitoring system, mobilized the actors and stakeholders, helped the District Child Labour Committees (DCLCs) identify supervisors and provided the monitors and supervisors with continuous training and logistical support. At the same level, the main tasks of the NSC and the Technical Working Group are to advise on the necessary steps to be undertaken after the analysis of trends of child labour has taken place and advise further on policy issues to be designed and developed in regard to child labour. At the district level, the child labour monitoring primarily targeted four impact districts, namely Kasungu, Mzimba and Mchinji, and the communities of project implementation. The DCLCs, Area Child Labour Committees (traditional authority level) and the Community Child Labour Committees form a hub of alliance building and implementation structure. All key government departments and stakeholders at district, area and community levels are members of the Child Labour Committees which have already been sensitized on the CLMS. The Committee notes that, although the analysis of information collected from the field has not yet been finalized, there is a clear indication that the system will be of great importance in monitoring the child labour situation in theses areas. The Committee requests the Government to continue to provide information on the CLMS.

2. Labour inspection. The Committee previously noted the Government’s indication that 33 labour inspectors have been trained on the prosecution procedures under the Employment Act and requested the Government to provide information on the outcome of the various inspections undertaken in relation to the worst forms of child labour, particularly by supplying extracts of reports or documents. The Committee notes the detailed information provided by the Government concerning the inspections conducted in several districts, such as Dedza, Kasungu, Mzimba, Mzuzu and Rumphi, in 2004 and 2005.

Article 6. Programmes of action to eliminate the worst forms of child labour. In its previous comments, the Committee noted that the ILO/IPEC programme was officially launched in December 2002 and that nine action programmes were established by organizations of employers and workers and local NGOs. The Committee requested the Government to provide information on the impact of the nine action programmes implemented and the results achieved in relation to the elimination of the worst forms of child labour. In this regard, the Committee notes the document entitled “Good Practices in Combating Child Labour in the Agriculture Sector”. It particularly notes that this document emphasizes ten good practices, among others the collaboration among stakeholders in the implementation of the project on “Prevention, withdrawal and rehabilitation of children engaged in hazardous work in commercial agriculture in Malawi” and the assistance of the communities for the implementation of the project.

Article 7, paragraph 2. Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and providing assistance for the removal of children from these types of work and for their rehabilitation and social integration. 1. ILO/IPEC project on children engaged in hazardous work in commercial agriculture. In its previous comments, the Committee noted that the ILO/IPEC project entitled “Prevention, withdrawal and rehabilitation of children engaged in hazardous work in commercial agriculture in Malawi” was intended to prevent the premature work of 2,000 at‑risk children in plantations and to withdraw and rehabilitate 1,200 children and their families working under hazardous conditions. The Committee requested the Government to provide statistical data on the number of children who were in practice prevented from being engaged or who were withdrawn from hazardous work in tobacco plantations following the implementation of the project. In this regard, the Committee notes with interest the Government’s indication that 1,200 children were withdrawn from working under hazardous conditions, and 2,000 were prevented from working under hazardous conditions in tobacco plantations. It also notes that, according to the document entitled “Good Practices in Combating Child Labour in the Agriculture Sector”, non-formal education schools were established for children after their withdrawal to prepare them for eventual integration into the formal education system and the Community Child Labour Committees (CCLAC) provide withdrawn children with exercise books and pencils, and help to reintegrate children in formal schools. The Committee requests the Government to continue its efforts in preventing the engagement of children in hazardous work in commercial agriculture and providing assistance for the removal of children from this type of work and for their rehabilitation and social integration.

2. Trafficking in children. The Committee noted that, in its initial report to the Committee on the Rights of the Child in June 2002 (CRC/C/8/Add.43, paragraph 371), the Government indicated that there is no specific policy or programme regarding the sale, trafficking and abduction of children in Malawi. It also noted that, in its concluding observations on this report of Malawi in April 2002 (CRC/C/15/Add.174, paragraphs 63 and 64), the Committee on the Rights of the Child recommended the Government to take measures, such as a comprehensive programme to prevent and combat the sale and trafficking of children, and to carry on an awareness-raising campaign and educational programmes, particularly for parents. The Committee notes the Government’s indication that it has not established any centre for the rehabilitation of the victims of trafficking. The Committee reminds the Government that, by virtue of Article 7, paragraph 2(a) and (b), of the Convention, each Member shall, taking into account the importance of education in eliminating child labour, take effective and time-bound measures to prevent the engagement of children in the worst forms of child labour and provide assistance for the removal of children from these types of work and for their rehabilitation and social integration. The Committee requests the Government to provide information on any time-bound measures taken to prevent and combat the sale and trafficking of children, such as rehabilitation centres, comprehensive programmes to prevent and combat the sale and trafficking of children or awareness-raising campaigns and educational programmes.

Clause (d). Identifying children at special risk. 1. HIV/AIDS. The Committee noted that, according to the United Nations Joint Programme on HIV/AIDS (UNAIDS), the problem of HIV/AIDS is increasing in Malawi. In this respect, the Committee noted that, in its concluding observations on the initial report of Malawi in April 2002 (CRC/C/15/Add.174, paragraph 47), the Committee on the Rights of the Child indicated that, while noting the existence of the National AIDS Control Programme, the National Task Force on Orphans and the Orphan Care Programme, it remained extremely concerned at the high incidence and increasing prevalence of HIV/AIDS amongst adults and children and the resulting high and increasing number of children orphaned by HIV/AIDS. Observing that HIV/AIDS had consequences for orphans, for whom there was an increased risk of being engaged in the worst forms of child labour, the Committee requested the Government to provide information on the specific measures adopted to improve the situation of these children.

The Committee notes with interest the Government’s indication that a National Plan of Action for Orphans and Other Vulnerable Children 2005-09 (NPA for OVC), a Technical Support and Advisory Unit in the Ministry of Gender, Child Welfare and Community Services 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 notes 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 notes 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 expresses its deep concern at the high number of child orphans in Malawi due to HIV/AIDS. The Committee once again observes that HIV/AIDS has consequences for orphans, for whom there is an increased risk of being engaged in the worst forms of child labour. It requests the Government to provide information on the impact of the NPA for OVC towards eliminating the worst forms of child labour.

2. Street children. In its last comments, the Committee noted that, in its concluding observations on the initial report of Malawi in April 2002 (CRC/C/15/Add.174, paragraph 65), the Committee on the Rights of the Child expressed concern at the increasing number of street children and at the lack of specific policies and programmes to address this situation. The Committee also noted that, according to the study entitled “Malawi Child Labour Survey”, over 400 children live and work in the streets in Malawi. Considering that children living in the streets are particularly exposed to the worst forms of child labour, the Committee requested the Government to provide information on the measures taken or envisaged, particularly with regard to the protection of children living in the streets from the worst forms of child labour and their rehabilitation and social integration. In its report, the Government indicates that four NGOs, namely Chisomo Children’s Club, Tikondane Orphan Acre, Samaritan Trust and Eye of the Child, provide rehabilitation services for street children. These NGOs have intensified their campaign against alms to children begging on the streets to discourage this practice. The Government also indicates that it has established a drop‑in centre which will provide a 24‑hour free helpline for street children and those that are abused. Moreover, the Government indicates that it is in the process of conducting a countrywide survey to substantiate the numbers of abused children. The Committee takes due note of these information and requests the Government to provide information on the impact of these measures in protecting street children and providing assistance for the removal of children from this type of work and for their rehabilitation and social integration. It also requests the Government to communicate a copy of the countrywide survey on the numbers of abused children once it has been completed.

Clause (e). Special situation of girls. The Committee noted that, according to the Malawi Child Labour Survey, all the child victims of commercial sexual exploitation, including prostitution, are girls. Almost seven out of every ten girls involved in commercial sexual exploitation have lost one of their parents or do not know where they are, and one in every two have lost both parents. The majority of children who are victims of commercial sexual exploitation, namely 65 per cent of cases, do not attend school beyond the second year. The Committee requested the Government to indicate the manner in which it intends to accord special attention to these girls and remove them from the worst forms of child labour; and to provide information on the effective and time-bound measures taken to secure the rehabilitation and social integration of these girls. It further requested the Government to provide statistical data on the number of children who are in practice removed from commercial sexual exploitation. The Committee notes the Government’s indication that it has established a social support centre for sex workers which provides the following services: skills training and development; psychosocial support and counselling; reintegration; income-generating activities; HIV/AIDS treatment; and hotline helpline. The Committee requests the Government to provide information on the impact of those measures taken, particularly statistical data on the number of children who are in practice removed from commercial sexual exploitation and who are rehabilitated.