Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Communication of texts. The Committee notes the Government’s indication that the Malawi Public Service Regulations is under review and hopes that a copy of the revised text of the Regulations will be communicated by the Government, as soon as it becomes available. As regards the revision of the Prisons Act, the Committee reiterates its hope that the Government will supply a copy of the revised Act, as soon as it is adopted. The Committee also repeats its request for copies of the laws governing the press and other media and the latest updated text of the Preservation of Public Security Act and Regulations (as well as any other provisions governing public assemblies, meetings and gatherings).

Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for the expression of views opposed to the established political, social or economic system. In its earlier comments, the Committee noted that sentences of imprisonment (which involve compulsory prison labour under section 75 of the Prisons Act, Cap. 9:02) may be imposed under sections 47 and 48 of the Penal Code on any person who imports, publishes, sells, offers for sale, distributes or reproduces any publication prohibited under section 46 of the Act, or has such publication in his possession, or fails to deliver such publication to an administrative officer or police station.

The Committee recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. It draws the Government’s attention to the explanations contained in paragraph 154 of its General Survey of 2007 on the eradication of forced labour, where it observed that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence, or engage in preparatory acts aimed at violence; but sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the expression of views or of opposition to the established political, social or economic system, whether such prohibition is imposed by law or by a discretionary administrative decision.

The Committee notes the Government’s statement in the report that all prosecutions under sections 47 and 48 of the Penal Code have been made in conformity with the Constitution of Malawi, which protects the rights of the citizens of the country.

While noting this statement, the Committee expresses the firm hope that the necessary measures will be taken to bring sections 47 and 48 of the Penal Code into conformity with the Convention. Pending the adoption of such measures, the Committee requests the Government once again to provide, in its next report, information on the application of these provisions in practice, indicating the number of prosecutions made under these provisions and the penalties imposed.

The Committee previously noted that sentences of imprisonment (involving compulsory labour) may be imposed under sections 65 and 66 of the Penal Code on any person who manages, or is a member of, an unlawful society, the latter may be defined as a society “disturbing or inciting to the disturbance of peace and order in any part of the Republic” (section 64(2)(g) of the Penal Code). The Committee pointed out, referring also to paragraph 163 of its General Survey of 2007 on the eradication of forced labour, that prohibitions enforced by penalties involving compulsory labour which affect the Constitution or functioning of associations either generally or where they advocate certain political or ideological views are incompatible with the Convention. It requested the Government to provide information on the application of sections 65 and 66 in practice.

Noting that the Government’s report contains no information on this issue, the Committee requests the Government once again to provide, in its next report, information on the application of sections 65 and 66 in practice, supplying copies of the relevant court decisions defining or illustrating their scope, so as to enable the Committee to ascertain whether they are applied in a manner compatible with the Convention. Having also noted the Government’s repeated statement concerning the need to consult the relevant departments in order to provide meaningful answers to the queries raised, the Committee reiterates its hope that the Government will not fail to provide the information requested in its next report.