Children in Malawi engage in the worst forms of child labor, including in commercial sexual exploitation, sometimes as a result of human trafficking, and the harvesting of tobacco. (1) Table 1 provides key indicators on children's work and education in Malawi.

Source for primary completion rate: Data from 2014, published by UNESCO Institute for Statistics, 2020. (2)
Source for all other data: International Labor Organization's analysis of statistics from National Child Labour Survey (Simpoc), 2015. (3)

Based on a review of available information, Table 2 provides an overview of children's work by sector and activity.

† Determined by national law or regulation as hazardous and, as such, relevant to Article 3(d) of ILO C. 182.
‡ Child labor understood as the worst forms of child labor per se under Article 3(a)–(c) of ILO C. 182.

Children in Malawi are engaged in hazardous work in the production of tobacco. (7,22,23) Children who handle tobacco risk illness from nicotine absorption, including green tobacco sickness. (23,24) They are exposed to pesticides, chemicals, and harsh weather conditions; they also utilize sharp tools. (23) Some children work alongside family members who are tenants on tobacco farms. (1,5,23,25) In the tenancy system, tenants' pay is based on the quantity and quality of tobacco sold to farm owners after the harvest season, and parents have an incentive to use their children to increase their earnings. Tenants often incur loans during the growing season; in many cases, they are unable to repay these debts, resulting in entire families being placed in debt bondage. (1,26) Many children working under these conditions do not attend school. (5,23)

Most child trafficking for labor in Malawi takes place internally. (13,19) Boys from southern Malawi are particularly vulnerable and are forced to work on tobacco farms in Malawi's northern and central regions; they are also forced to work as cattle herders and in the brickmaking industry. (13,19,27) Child trafficking also takes place from Malawi to other countries, including Mozambique, South Africa, Tanzania, Zambia, and the Middle East. (19,20,27) Child victims of human trafficking may be charged for their clothing, food, housing, and transport. They may also be forced to work in debt bondage because of these charges and be unable to return home or support themselves. (28)

Girls from rural areas sometimes move to larger cities in search of work. In some cases, they are provided clothing and lodging from brothel owners and, if unable to find other work, engage in commercial sexual exploitation to pay off their debts. (1,13,27)

Primary education is tuition-free, and in September 2018, the government abolished secondary school fees to facilitate access to secondary education. However, considerable barriers to education exist, including families' inability to pay required school-related expenses, such as books and uniforms. (1,20,29-31) Long distances, lack of teachers, poor school infrastructure, and the lack of water, electricity, and sanitation facilities also negatively impact children's attendance at school. In addition, safety concerns may negatively affect attendance; reports indicate that children are sometimes victims of sexual assault at school. (5,7,15,20,30,32) Additionally, many girls in grades six to eight are pulled from school to perform domestic work at home. (30)

Children with family members with HIV/AIDS may need to assume responsibility as heads of their households, including working to support their families. These children, especially those who become orphaned, are at increased risk of entering into the worst forms of child labor. (33)

Malawi has ratified all key international conventions concerning child labor (Table 3).

In 2019, the government ratified ILO C.029 Protocol of 2014 to the Forced Labor Convention 1930 and ILO C.184 Safety and Health in Agriculture Convention of 2001. (7,34) The commitments under these conventions would extend to the tobacco sector, in which children in Malawi are subject to both forced labor and hazardous work conditions. (35,36)

The government has established laws and regulations related to child labor (Table 4). However, gaps exist in Malawi's legal framework to adequately protect children from the worst forms of child labor, including the minimum age for work and military recruitment by non-state actors.

* No conscription (43)

In 2019, the government passed the Tobacco Industry Bill, which requires tobacco growers to report on their actions on issues of child labor. (7,44,45) The Commissioner may cancel the registration of a tobacco grower if the grower fails to submit a report that is satisfactory. (46)

Malawi currently lacks a specific legal framework for the tenancy system, which is often used in tobacco production, and leaves children vulnerable to the worst forms of child labor. Families working under the tenancy system are particularly vulnerable to debt bondage because loans advanced to farmers operating under this arrangement are often of a higher value than the profits farmers receive from crop yields. (1,47,26,48,49) In 2018, the Cabinet debated an amendment to the Employment Act that would prohibit tenancy farming. However, the government decided to defer consideration of the amendment until the ILO completes a study on the extent of tenancy farming in Malawi. (30)

Section 21 of the Employment Act sets the minimum age for employment at age 14 in agricultural, industrial, or non-industrial work. (37) The minimum age is not extended to workers in third-party homes, such as in domestic work, or non-commercial agriculture in which children are known to work. (37,50) The minimum working age is also lower than the compulsory education age, which may encourage children to leave school before the completion of compulsory education. (29,37) Although non-state armed groups are not known to recruit children for military activities in the country, Malawi law does not meet international standards because it does not explicitly prohibit this practice.

The government has established institutional mechanisms for the enforcement of laws and regulations on child labor (Table 5). However, gaps exist within the operations of the Ministry of Labor, Skills and Innovation (MOLSI) that may hinder adequate enforcement of their child labor laws.

Labor Law Enforcement

In 2019, labor law enforcement agencies in Malawi took actions to combat child labor (Table 6). However, gaps exist within the operations of MOLSI that may hinder adequate labor law enforcement, including financial resource allocation.

In 2019, the government increased the funding and size of its labor inspectorate from the previous year; however, research indicated that funding and resources are likely inadequate to enforce laws related to child labor. (1,7,30) The number of labor inspectors is likely insufficient for the size of Malawi's workforce, which includes more than 7 million workers. (55) According to the ILO's technical advice of a ratio approaching 1 inspector for every 40,000 workers in least developed economies, Malawi would employ about 175 labor inspectors. (56,57) Due to personnel and resource constraints, most labor inspections take place in or near major towns where district labor enforcement offices are located, leaving workplaces in remote and rural locations less protected. (19) In addition, labor inspectors do not have a mandate to directly assess penalties for violations related to child labor, but refer cases to the police for criminal law enforcement action. (7)

The government supports a child protection helpline operated by an NGO that identifies cases of child sexual and labor exploitation. Research did not find information on the number of calls related specifically to child labor. (7)

Criminal Law Enforcement

In 2019, criminal law enforcement agencies in Malawi took actions to combat child labor (Table 7). However, gaps exist within the operations of criminal enforcement agencies that may hinder adequate criminal law enforcement, including training for criminal investigators.

Many children in Malawi lack birth certificates. The inability of law enforcement officials to verify the ages of child victims may have impeded efforts to prosecute traffickers under the Child Care, Protection and Justice Act, and the Trafficking in Persons Act. (59) In addition, children who are the victims of commercial sexual exploitation are sometimes arrested by the police and detained alongside adults. In some instances, these children fall victim to abuse, including sexual extortion, by the police. (7,13,30)

The government did not provide information related to its efforts to train new criminal law enforcement investigators, or on refresher courses it provided. (7)

The government has established mechanisms to coordinate its efforts to address child labor (Table 8).

In 2019, MOLSI, with the support of Winrock International, developed the Child Labor Mainstreaming Guide to advise government departments and public sector organizations, at both the national and district levels, on integrating child labor prevention and elimination into their activities. (7,63) The guide was developed in coordination with the National Steering Committee on Child Labor and the National Technical Working Group on Child Labor and Protection. (54)

The government has established policies related to child labor (Table 9). However, policy gaps exist that hinder efforts to address child labor, including implementation.

† Policy was approved during the reporting period.

Although the Government of Malawi has adopted a National Youth Policy and a National Education Sector Plan, child labor elimination and prevention strategies have not been integrated into these policies. (72,73)

In 2018, the government began reviewing a draft National Action Plan on Child Labor. The policy, however, is still waiting cabinet approval after resubmission in 2019. (1,7,8,30,46) The Cabinet is also reviewing a National Action Plan for Vulnerable Children and a Child Protection Strategic Plan to replace policies that expired during and before the reporting period. The government adopted a National Action Plan for the Child, which will reinforce child labor elimination strategies. Although the cabinet has approved the policy, it has not launched or made this policy available to the public. (7,54)

In 2019, Malawi became a Pathfinder country under Alliance 8.7. This involves accelerating commitments toward achieving Sustainable Development Goal Target 8.7, which calls for the eradication of child labor by 2025, and forced labor, modern slavery, and human trafficking by 2030. (74)

In 2019, the government funded and participated in programs that include the goal of eliminating or preventing child labor (Table 10). However, gaps exist in these social programs, including implementation.

† Program is funded by the Government of Malawi.
‡ The government had other social programs that may have included the goal of eliminating or preventing child labor. (50,54,58,80,81)

The government, with the EU, UNICEF, and the U.S. Centers for Disease Control and Prevention, support programs to increase birth registration and data collection in various districts across the country. (58,65,78)

Although Malawi has programs that target child labor, the scope of these programs is insufficient to fully address the extent of the problem in all relevant sectors, including agriculture and commercial sexual exploitation.

Based on the reporting above, suggested actions are identified that would advance the elimination of child labor in Malawi (Table 11).

1. U.S. Embassy- Lilongwe official. E-mail communication to USDOL official. January 16, 2018.

2. UNESCO Institute for Statistics. Gross intake ratio to the last grade of primary education, both sexes (%). Accessed March 2020. For more information, please see the "Children's Work and Education Statistics: Sources and Definitions" in the Reference Materials section of this report.
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3. ILO. Analysis of Child Economic Activity and School Attendance Statistics from National Household or Child Labor Surveys. Original data from National Child Labour Survey, 2015. Analysis received March 2020. For more information, please see "Children's Work and Education Statistics: Sources and Definitions" in the Reference Materials section of this report.

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