Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

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

The Committee takes note of the observations of the Malawi Congress of Trade Unions (MCTU), received on 1 September 2025.

Article 1 of the Convention. National policy. Following its previous comments, the Committee notes the Government’s information, in its report, that significant progress has been made in eliminating child labour through initiatives that promote decent work and protect children from hazardous work, through various partnerships, including with the ILO. In this regard, the Committee notes that, according to ILO Harmonized Data, 24.1 per cent of children aged 5 to 17 years were engaged in child labour in 2020 (20.1 per cent of boys and 28.2 per cent of girls), compared to 38 per cent (over 2.1 million) in 2015, as reported by the 2015 National Child Labour Survey. In addition, the Malawi National Plan of Action on Child Labour 2020-2025 (NAP II) was rolled out, focusing on strengthening education, raising awareness, and empowering communities. Furthermore, the Government indicates that, as a pathfinder country for the 2025 Alliance 8.7, Malawi is in the process of developing a road map work plan which outlines a multi-sectoral strategy to accelerate the elimination of child labour.

The Committee notes the MCTU’s observation that, although Malawi has an action plan on child labour, the absence of a national child labour policy, which has remained in draft form for over 20 years, continues to pose challenges in guiding efforts to address child labour, as such a policy would provide essential direction. The Committee observes in this regard that, in the framework of the Malawi National Alliance 8.7 Strategic Roadmap (2022–30), one of the priority areas is to review and institutionalize the legal and policy framework, including through the finalization and launch of a National Child Labour Policy. The Committee encourages the Government to continue taking the necessary measures to ensure the progressive elimination of child labour, including through the finalization and adoption of the National Child Labour Policy. It once again requests the Government to provide information on the progress made and results achieved, in particular in terms of the continued reduction of the prevalence of child labour.

Article 2(1). Scope of application. Self-employed children, children working in the informal economy and Labour Inspectorate. Following its previous comments, the Committee notes the Government’s information that the Ministry of Labour (MoL) has strengthened enforcement in 2024 by expanding the Labour Inspectorate to 168 officers and conducting a total of 4,193 largely unannounced labour inspections targeting the informal economy and small and medium-sized enterprises. The Government also indicates that it initiated the review of the Employment Act, Labour Relations Act, and other key laws, with the aim to address gaps in the informal sector, enhance protections, and strengthen inspections in private homes. The Committee further notes that, in the framework of the Malawi National Alliance 8.7 Strategic Roadmap (2022–30), interventions planned include the institutionalization of a compliance system to strengthen labour inspections and to ensure that labour inspectors conduct regular inspections in all economic sectors, including the informal sector. The Committee strongly encourages the Government to continue its efforts to strengthen the capacity of the Labour Inspectorate to ensure that all self-employed children or children working in the informal economy benefit from the protection of the Convention. It requests the Government to continue providing information on specific measures taken in this regard and to communicate the number and nature of violations relating to the employment of children and young persons detected by the Labour Inspectorate, including in the informal economy.

Article 9(3). Keeping of registers by employers. Regarding the planned development of the model register of employment, the Committee notes the Government’s indication that it does not yet have a standardized model register of employment. The Government indicates that the MoL uses a labour inspection form that captures key information such as the worker’s name, age, sex, type of work performed, employer details, working hours, and proof of age documentation, which has been useful in guiding inspections and monitoring compliance with child labour laws. However, the Committee recalls its previous comments according to which some estates did not have registers, particularly in commercial agriculture, and notes that the model register of employment aimed to fill this gap. In this regard, the Committee notes the Government’s acknowledgement of the importance of a harmonized and nationally recognized model register to strengthen reporting and facilitate uniform record-keeping across sectors, and indication that it will consider developing and adopting a model register to align with ILO standards. The Committee once again urges the Government to take the necessary measures to ensure the prompt elaboration and adoption of the model register of employment, and to transmit a copy thereof once it has been adopted.

Practical application of the Convention. The Committee notes the MCTU’s observation recalling that the last baseline survey was conducted in 2015 and highlighting the need for updated data on the prevalence of child labour. The MCTU notes that various developments, including the impacts of climate change and population growth, are likely to have influenced child labour trends, and emphasizes that reliance on outdated data may impede the formulation of effective policies to address the evolving challenges of child labour.

The Committee notes the Government’s information that, in collaboration with the Child Labour in Tobacco Growing Foundation (ECLT), it is developing a Child Labour Monitoring System (CLMS), which will be piloted in two districts and later rolled out to all districts across the country. The Government indicates that the Ministry of Labour will consider the inclusion of indicators within the CLMS that will effectively contribute to proper programming to address and ultimately combat child labour. It also notes, from the Government’s report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that the Government is developing a Labour Market Information System (LMIS) with the support of the ILO, that will systematically collect and report administrative data, including on child labour. The Committee strongly encourages the Government to pursue its efforts aimed at monitoring the application of the Convention in practice and, in this regard, to include the relevant indicators on child labour within the CLMS and LMIS. It also requests the Government to continue providing information regarding the establishment and operationalization of the CLMS.Finally, the Committee once again requests the Government to provide up-to-date data on the employment of children and young persons by age group, sex and sector.