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

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Malawi (Ratification: 1965)

Article 1(1)(b) of the Convention. Discrimination based on additional grounds. HIV status. In its report, the Government reports: (1) that a National HIV and AIDS Workplace Policy has been validated and is awaiting Cabinet approval; and (2) the development, with the social partners and the ILO, of a standardized reporting checklist to enable remote submission of workplace data on discrimination, guide evidence-based advocacy and practical solutions to promote equality of opportunity and treatment irrespective of real or perceived HIV status, and support occupational safety and health (OSH) inspectors. The Committee notes the Government’s indication that, as part of awareness-raising, the National AIDS Commission distributed the HIV and AIDS (Prevention and Management) Act (2018), organized district stakeholder meetings, conducted pre-exposure prophylaxis (PrEP) sensitization, disseminated the 2025 HIV estimates and held men’s health meetings. The Committee notes the absence of information on interim activities funded by the required two per cent allocation of Ministries, Departments and Agencies to address discrimination based on real or perceived HIV status in employment and occupation. The Committee therefore requests the Government to provide information on: (i) the status, expected timeline and core content of the National HIV and AIDS Workplace Policy; (ii) the activities directed at addressing discrimination and promoting equality of opportunity and treatment in employment and occupation irrespective of real or perceived HIV/AIDS status that are funded by Ministries, Departments and Agencies with the 2 per cent of their annual budgets;and (ii) a copy of the standardized reporting checklist and results achieved since its implementation.

Articles 1 to 3. Promoting equality of opportunity and treatment for men and women. The Government reports that the National Gender Equality Policy has been revised and will be launched on 5 September 2025. Together with the National Male Engagement Strategy, it is expected to strengthen broader gender-mainstreaming efforts aimed at promoting a more equitable distribution of family responsibilities. The Committee requests the Government to provide information on how the effective implementation of the National Gender Equality Policy and the National Male Engagement Strategy are strengthening gender-mainstreaming efforts, including promoting a more equitable distribution of family responsibilities.

Equal Access to Education and Vocational Training. Affirmative Action. The Committee notes the Government’s statement that the new Gender Equality Act requires educational institutions to ensure equal access, participation, retention, completion and progression at all levels, including in science, technology, engineering and mathematics and other non-traditional disciplines, and to adopt measures on re-entry after pregnancy, safe and gender-responsive infrastructure, and equal access to vocational and tertiary learning. The Committee further notes the Government’s indication of measures to promote girls’ enrolment, attendance, retention and re-entry, including implementation of the National Girls’ Education Strategy, the readmission policy, construction of schools and girls’ hostels, the Social Cash Transfer Programme and school bursary schemes for vulnerable girls, menstrual health management facilities and products, school feeding, child protection and safe school initiatives, community by-laws, and STEM (Science, Technology, Engineering, and Mathematics initiatives in secondary schools such as girls only science camps and robotics clubs. The Committee also notes that certain affirmative action initiatives are being undertaken in Technical, Entrepreneurial and Vocational Education and Training (TEVET), including fee waivers for female applicants, bursaries and scholarships targeted to girls, and mentorship and internships in non-traditional sectors. The Government also reports that the intake of girls into TEVET grew from 955 in 2022 to 2,723 in 2025, that in 2024/25 TEVET institutions awarded 11,080 bursaries of which 6,782 went to girls representing 61 per cent, and that in 2023/24 there were 8,366 bursaries of which 4,806 went to girls representing 57 per cent. It further reports an increase in scholarships for girls in ‘male dominated programmes’ from 363 in 2023/24 to 3,549 in 2024/25. The Committee welcomes these initiatives. It requests the Government to provide information on the impact of the measures undertaken to ensure equal access to education and vocational training, including results achieved under the National Girls’ Education Strategy and the effectiveness of affirmative action initiatives in TEVET.

Public service. The Committee notes that the Public Service Bill 2025 has been passed by Parliament with amendments. It also notes the Government’s information that: (1) the Malawi Public Service Regulations is expected to proceed to Parliament, (2) the Public Service Act (1994) is under review to align with the Gender Equality Act, and (3) measures are under way to advance the 60/40 benchmark set out in the Gender Equality Act, including a review of the Strategy on Political Empowerment of Women with the aim of increasing seats for female parliamentarians and the launch of the National Male Engagement Strategy, 2023–2030, to encourage males to take an active role in gender issues. The Committee further notes the sex-disaggregated figures from the 2017–2021 Gender Audit Report with regard to the employment of women, which showed that on average 25 per cent of women were employed compared to 75 per cent of men. Furthermore, the Government reports on activities under the National Male Engagement Strategy, including a men’s conference across 23 district councils, a symposium with partners, and the planned development of standard operating procedures and 50 by-laws to combat gender-based violence. Finally, the Committee notes the absence of information on any step undertaken to review the exceptions granted under section 11(2) of the Gender Equality Act. The Committee requests the Government to: (i) communicate a copy of the adopted Public Service Bill and Malawi Public Service Regulations (once adopted), indicating the provisions that operationalize equality of opportunity for women and men in employment and occupation and the 60/40 benchmark; (ii) provide information on the application in practice of the exceptions under section 11(2) of the Gender Equality Act; and (iii) provide results-based information on implementation of the equality and diversity strategy and the 60/40 benchmark across ministries and grades, including sex disaggregated staffing data.

Articles 2 and 3. Equality of opportunity and treatment irrespective of social origin. Rural worker. Referring to the application of the Land Act and the Customary Land Act, the Government indicates that the Ministry of Lands has taken several initiatives to resolve land disputes, including the training and deployment of 34 lang registrars to improve land registration to avoid later disputes. It also notes the information that the Ministry of Labour has done the following: trained and deployed 319 Land Clerks to all Traditional Authorities; instituted Customary Land Tribunals, District Land Tribunals, and the National Land Tribunal to administer and adjudicate customary land disputes. Additionally, the Committee notes the information that the Customary Land Act was amended in 2022 to allow mediation by Customary Land Committees prior to tribunal adjudication. At the same time, the Committee observes that the information provided concern land disputes generally and are not disaggregated by ground of discrimination as previously requested. Therefore, the Committee requests the Government to submit consolidated, disaggregated statistics on discrimination complaints under the Land Act and Customary Land Act, with information on outcomes, remedies and appeals.

Application in Practice. Capacity-building and awareness-raising. Sexual harassment. The Committee notes the Government’s efforts since 2023 to strengthen the prevention and monitoring of violence and harassment, including sexual harassment at work. Measures include revising labour inspection tools, training 69 labour inspectors and OSH officers, and expanding inspections, including through the EU-funded Zantchito programme. It notes that May 2025 has been designated Labour Rights Awareness Month, and that now all universities have sexual harassment policies. The Government indicates that he supports the MHRC in disseminating and training institutions on the 2021 Model Sexual Harassment Workplace Policy. The Committee further notes public awareness campaigns led by the Ministry of Gender, and training provided to officials, private sector staff, community leaders and law enforcement on preventing and responding to sexual harassment, using survivor-centred approaches. The Government also reports that the MHRC has delivered capacity-building activities in six institutions, reaching 1,548 staff, disseminated research on sexual harassment, monitored compliance with the Gender Equality Act in 13 institutions, audited 25 private institutions, reviewed 12 institutional policies, and conducted a public inquiry into transactional sex in fisheries involving 878 participants. The labour inspectorate currently comprises 84 officers (55 men and 29 women), with steps taken to ensure both male and female inspectors in each office. The Committee welcomes these developments. It requests the Government to provide updated information on the impact of its capacity-building and awareness-raising activities on preventing and addressing sexual harassment, in particular in the agriculture sector as well as on measures taken or planned to improve gender balance within the labour inspectorate.

Enforcement. The Committee requests the Government to: (i) provide details of training and capacity-building on labour inspection on discrimination in employment and occupations based on the Convention of prohibited grounds, not only the sex; and (ii) submit consolidated data on discrimination cases handled by labour inspection, the Malawi Human Rights Commission and the Courts, disaggregated by ground, sector and outcomes.