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

Malawi

Forced Labour Convention, 1930 (No. 29) (Ratification: 1999)
Protocol of 2014 to the Forced Labour Convention, 1930 (Ratification: 2019)

1. Trafficking in persons

Articles 1(1) and 2(1) of the Convention, and Article 1(2) of the Protocol. Institutional framework. Following its previous comments, the Committee notes the Government’s information, in its report, that the National Coordination Committee against Trafficking in Persons (NCCTP) has developed the Sentencing Guidelines and a Bench Book for Trafficking in Persons offences, training sessions for magistrates and awareness campaigns. The Government also informs on the adoption of the second National Plan of Action Against Trafficking in Persons (NPA-TIP 2023–28), which aims to concretize the successes of the first NPA-TIP of 2017–22 while enhancing strategies to address the gaps identified.

According to the document of the NPA-TIP 2023–28, the Government has demonstrated overall increasing efforts on its anti-trafficking capacity, including as regards investigating and prosecuting trafficking cases, collaboration with NGOs to identify potential victims; and awareness efforts and screening for trafficking in refugee camps. The document also identifies challenges, such as inadequate resources; insufficient familiarity of the legal TIP framework by key players in the criminal justice system; limited knowledge of trafficking among stakeholders, such as first responders; and poor data management to inform planning and decision-making. Therefore, the NPA-TIP 2023–28 aims to combat trafficking in persons through victim-centred and human rights-based prevention, support and protection of victims, prosecution, partnerships and research and monitoring. Moreover, among the actions envisaged in the framework of the NPA-TIP are data collection measures, such as conducting a baseline study to understand nature and prevalence of trafficking. The Committee encourages the Government to continue to ensure a coordinated and systematic approach to prevent and combat trafficking in persons. It requests the Government to continue to provide information on the measures taken in this regard, as well as on any evaluation of the NPA-TIP and difficulties encountered during its implementation. Finally, the Committee requests the Government to provide up-to-date data on the nature and extent of trafficking in persons in Malawi.

Article 25 of the Convention and Article 1(1) of the Protocol. Enforcement of anti-trafficking legislation. The Committee notes the Government’s indication that it continues to take measures to strengthen the capacity of labour, police and immigration officers to detect and investigate cases of internal and transnational trafficking in persons. These measures include specialized trainings on victim identification, investigation techniques and case management, as well as cross-border collaboration and joint operations with neighbouring countries and the mounting of ad hoc and permanent roadblocks across the country to check and control movements of local Malawians and international travellers. The Committee further notes that, in the framework of the NAP-TIP (2023–28), activities are envisaged to improve investigations and prosecutions of trafficking cases, such as building the capacity of law enforcement officers; developing or enhancing effective case flow management systems; and popularizing sentencing guidelines for trafficking cases.

The Government indicates that difficulties remain, in particular the lack of resources. In addition, the Government provides data on the number cases of forced labour investigated and prosecuted between 2019 until 2022, indicating that most penalties imposed did not align with the statutory minimum required under section 14 of the Trafficking in Persons Act. The Government also refers to the Labour Market Information System (LMIS), which is being developed by the Ministry of Labour with support from the ILO, as a tool that will improve evidence-based data collection, in particular as regards the number of prosecutions, convictions and penalties applied in relation to trafficking in persons.

The Committee requests the Government to continue its efforts to strengthen the capacities of labour, police and immigration officers to detect and investigate cases of internal and transnational trafficking in persons, including through the specialized trainings and cross-border collaboration envisaged under the NAP-TIP (2023–28). It further requests the Government to continue to provide information on the measures taken to overcome the challenges identified in this regard. Please also provide information on the number of prosecutions initiated, convictions handed down and penalties imposed under section 14 of the Trafficking in Persons Act, as well on any measures taken to ensure that the penalties applied are consistent with the statutory minimum provided for under the Act.

Article 2 of the Protocol. Prevention. Clauses (a) and (b). Awareness-raising, education, and information. Following its previous comments, the Committee notes the Government’s information that an activity on labour rights awareness was conducted in May 2025 which reached a target of 145 workplaces. In addition, in the framework of the NAP-TIP (2023–28), actions are envisaged to raise awareness on TIP prevention at both district level and community levels and through the media. The Committee requests the Government to provide information on education and awareness-raising activities carried out under the NAP-TIP (2023–28) and other initiatives, particularly those aimed at strengthening employers’ knowledge of labour legislation and preventing involvement in forced labour practices.

Clause (d). Protecting migrant workers from possible abusive and fraudulent practices. The Committee notes the Government’s information that training was provided to 39 recruiters from private employment agencies on ethical recruitment procedures, thus improving transparency in job offers, preventing exploitation, and creating safer migration through empowering migrant workers with information and support. In addition, the Ministry of Labour is developing a labour migration policy and regulations, which the Government states will prevent migrant workers from falling into forced labour situations.

The Committee takes note of the observation of the Malawi Congress of Trade Unions (MCTU), according to which private agencies continue to recruit Malawians for employment in Asian countries where their travel documents are taken and they continue to work in inhumane conditions that include violence and harassment against the promises and salary deductions without consent. The MCTU calls on the Government to make more efforts to ensure ethical recruitment principles that respects fundamental rights and principles. The Committee requests the Government to provide information on the implementation and impact of measures taken to ensure ethical recruitment, including the training of private employment agencies and the development of the labour migration policy and regulations. It also requests the Government to indicate the steps taken to prevent the exploitation of migrant workers abroad.

Article 3 of the Protocol. (i) Identification of victims. The Committee notes the Government’s information that the LMIS will contribute to the identification of victims of trafficking in persons for both sexual and labour exploitation. In addition, in the framework of the NAP-TIP (2023–28), action is envisaged to popularize the Standard Operating Procedures (SOPs) and guidelines on identification and referral of victims of trafficking, as well as to establish and operationalize a helpline for these victims. The Committee requests the Government to provide information on the implementation of these measures as well on the results achieved in better identifying victims of trafficking both sexual and labour exploitation.

(ii) Protection and rehabilitation. The Committee notes the Government’s information that victims of trafficking continue to be supported through social welfare services and reintegration programmes coordinated by the Ministry of Gender and Social Welfare (MGSW). The Government has also invested in protection and remedies for victims of forced labour, for instance through Victim Support Units established in over 130 police stations, One-Stop Centres in hospitals, and the expansion of shelters, vocational training, and livelihood opportunities for victims. Between 2019 and 2022, over 150 victims received protection, rehabilitation, and reintegration assistance, with many successfully returned from transit countries. The Government also indicates that challenges persist, including limited resources, especially in rural areas, which hinders the full reach of protective services. In addition, the Government indicates that better systems for tracking the long-term reintegration of victims are needed. In this regard, the Government states that the MGSW is committed to improving the national referral system, increasing shelter and rehabilitation capacity, and enhancing coordination with regional and international partners.

The Committee notes that, in the framework of the NAP-TIP (2023–28), various activities for the support and protection of victims are planned, such as the development and implementation of a standard package for protection and support and establishing transit shelters in all border posts for victims of TIP. The Committee requests the Government to continue to provide information on the implementation of measures for the protection, recovery, and rehabilitation of victims of trafficking in persons, including those rescued in transit to other countries. It also requests information on progress made under the NAP-TIP (2023–28), on efforts to strengthen the national referral system and long-term reintegration tracking, as well as on the number of victims of trafficking who have benefited from these measures.

Article 4 of the Protocol. Access to appropriate and effective remedies for victims, such as compensation. Noting the absence of information in the Government’s report on this point,the Committee once again requests the Government to provide information on the number of civil proceedings that have been initiated by victims of trafficking in persons under section 40 of the Trafficking in Persons Act, indicating how many cases the victims have received remedies or any form of compensation from the perpetrator or the State.

2. Exceptions to forced labour

Article 2(2)(c) of the Convention. Work exacted as a consequence of a conviction in a court of law. The Committee notes the adoption of the Prisons Act No. 23, replacing the Prisons Act (Chapter 9:02) of 1956. Under section 84 of the new Act, a prisoner may, subject to the approval of the Chief Commissioner, be kept to labour inside or outside the premises of a prison, in any part of Malawi, at a fee or other consideration. The Government indicates that it is currently working on reviewing new Prison Regulations and Standing Orders, which will fully operationalize the Act. The Government also states that prison labour in Malawi, is primarily restricted to work that benefits government or quasi-government departments and that, in practice, it is not undertaken for the benefit of private entities. Even when labour for private entities is allowed, it must meet certain conditions: it must be medically suitable for the prisoner, authorized by a senior officer, and not intended as punishment.

The Committee recalls that the Convention does not prohibit prisoners from working for private entities, but the necessary safeguards must be put in place to ensure that the prisoners concerned offer themselves voluntarily by giving their free, formal and informed consent. The Committee therefore requests the Government to provide information on the manner in which prisoners give their consent to perform work for private entities. The Committee also requests the Government to provide information on the progress made on the adoption of the new Prison Regulations and Standing Orders and to provide a copy thereof once adopted.