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

Worst Forms of Child Labour Convention, 1999 (No. 182) - Malawi (Ratification: 1999)

Articles 3 and 7(1) of the Convention. Worst forms of child labour and penalties. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. Following its previous comments, the Committee takes note of the statistics provided by the Government, in its report, regarding the number of cases of trafficking in persons investigated and prosecuted, as well as the number of convictions and penalties imposed, between 2019 and 2022. The Committee observes, however, that these statistics do not indicate whether the cases in question involved the trafficking of children under 18 years of age. The Government indicates that the disaggregation of this data by age will be considered in the framework of the Labour Market Information System (LMIS). The Committee urges the Government to take the necessary measures to ensure that data on the application in practice of the Trafficking in Persons Act is disaggregated by age, in particular with regard to the number and nature of violations reported, investigations, prosecutions, convictions and penal sanctions imposed for the sale and trafficking of children under 18 years of age.

Clause (b). Use, procuring or offering of a child for prostitution. The Committee previously noted that there appeared to be no provision criminalizing the use of a child for prostitution, and that there were no provisions protecting boys aged 15 to 18 years from use, procuring or offering for prostitution. The Committee notes the Government’s indication that the List of Hazardous Work (Prohibition Order), has been reviewed and that it is ready for submission to Cabinet. The Government indicates that the list criminalizes the procuring or offering of all children (boys and girls) under the age of 18 for prostitution, the production of pornography or pornographic performances. Furthermore, the penalties contained in the List of Hazardous Work, which include imprisonment, have been revised to correspond to the seriousness of the violations in question and further deter these practices. The Government indicates that the List of Hazardous Work, along with the Child Care Protection and Justice Act, the Trafficking in Persons Act and the Penal Code, have been benchmarks for the judiciary to use in determining cases related to prostitution, pornography and sale of children for economic exploitation. The Committee expresses the firm hope that the use of children for prostitution, including by clients, has been duly included in the List of Hazardous Work (Prohibition Order) as a prohibited and punishable worst form of child labour. It also requests the Government to ensure that, in application of the new provisions of the List of Hazardous Work (Prohibition Order), thorough investigations and prosecutions are carried out against persons responsible for such offences and that effective and sufficiently dissuasive penalties are imposed in practice, and to provide information in this regard in its next report.

Clause (d). Hazardous work. Tenancy system. Following its previous comments, the Committee notes an absence of information in the Government’s report regarding the application in practice of section 4 of the Employment Act, which prohibits forced or tenancy labour. The Committee notes the Government’s indication that the ongoing review of the Employment Act No. 6 of 2000 will introduce stronger punitive penalties against individuals or entities found engaging children in hazardous activities, including within the tobacco sector. The Government also indicates that the tobacco industry has committed to ensuring that the entire tobacco value chain is a no-go zone for persons under 18 years of age through memoranda of understanding (MoUs) concluded with the Government, which, among other measures, have supported the funding of 339 child labour inspections. Moreover, the Government refers to the development of the LMIS, which will systematically collect and report administrative data and is expected to improve evidence-based data collection on the criminalization of forced labour.

The Committee takes note of the 2024 ILO Survey on tenant growers in Malawi’s tobacco industry, which was conducted in 2022 and, therefore, following the adoption of section 4 of the Employment Act in 2021. The Committee notes that 43,148 children were found in tobacco work (42.2 per cent aged 5-13 years and 57.8 per cent aged 14–17 years) and, within this group, 31,469 children (42.3 per cent aged 5-13 years and 57.7 per cent aged 14-17 years) were working under tenancy arrangements. Survey results indicated that children in tenancy were exposed to different forms of hazards in the workplace (including tobacco farms or additional workplaces where they sought work outside of tenancy). This included exposure to dust fumes (20.8 per cent), dangerous tools (16.4 per cent) and chemicals (14.9 per cent). Further, 10.3 per cent of children in tenancy had carried heavy loads at work, 5.5 per cent had operated machinery or heavy equipment, and 2.3 per cent had worked at night (between the hours of 6 p.m. and 5 a.m.). In all cases, boys were engaged in hazardous work at higher rates than girls. Noting that the engagement of children in tenancy tobacco farming persists, the Committee strongly encourages the Government to continue its efforts to strengthen the legal framework prohibiting and penalizing the engagement of children in hazardous conditions in the tobacco sector and to support child labour monitoring in tobacco farms. It also requests the Government to take the necessary measures to ensure the effective application of section 4 of the Employment Act prohibiting tenancy labour, and of any other relevant provision adopted following the revision of the Act. It once again requests the Government to provide information on the practical application of this provision, particularly the number of prosecutions, convictions, and penalties imposed in cases involving children under 18 years of age.

Article 7(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. Commercial sexual exploitation of children. Following its previous comments, the Committee notes the Government’s indication that the Ministry of Labour and law enforcement agencies continue to conduct inspections and awareness programmes to completely curb the commercial sexual exploitation of children. In addition, the Ministry of Gender, Community Development and Social Welfare (MGCDSW), through the Child Protection Strategy (2022–26) and in collaboration with law enforcement and civil society, is addressing child prostitution and exploitation through measures including the expansion of child protection structures at community and district levels. The Victim Support Units in over 130 police stations and One-Stop Centres in hospitals currently provide psychosocial counselling, legal aid and medical treatment, with 12,530 children benefiting from rehabilitation services in 2022. The Ministry of Labour also works with NGOs and partners such as UNICEF and ILO to expand shelters, provide vocational training, education support, and livelihood opportunities to prevent re-victimization. These efforts aim to ensure that perpetrators are held accountable while survivors receive comprehensive protection, rehabilitation, and reintegration. The Committee encourages the Government to continue its efforts aiming at protecting children under 18 years of age from commercial sexual exploitation. It requests the Government to continue providing information on the measures taken and the results achieved, including the number of children who have benefited from these measures and been rehabilitated and socially integrated.

Children engaged in hazardous work in commercial agriculture, particularly tobacco estates. Following its previous comments, the Committee notes the Government’s indication that it continues to coordinate projects aimed at ensuring that children are protected from hazardous conditions across all sectors, particularly in agriculture and in the supply chains of tea, coffee, and tobacco. In this regard, the Committee notes, from a March 2024 ILO press release, that through the ILO project on “Addressing decent work deficits and improving access to rights in Malawi’s tobacco sector” (ADDRESS), the Centre for Youth Empowerment and Civic Education (CYECE) established and strengthened community-based structures, including Community Child Labour Committees (CCLCs), to take the lead in the identification, monitoring, withdrawal and referral of children from the worst forms of child labour. Overall, the CYECE has identified, prevented and protected 501 children (263 boys, 238 girls) from child labour, particularly in tobacco farms. The Committee strongly encourages the Government to pursue its efforts to protect children from hazardous work in these sectors, in particular in tobacco plantations. It requests the Government to continue to provide concrete information on the number of children who have been prevented or withdrawn from engaging in this type of hazardous work and then rehabilitated and socially integrated.

The Committee is raising other matters in a request addressed directly to the Government.