Children in Malawi are subjected to the worst forms of child labor, including forced labor in the harvesting of tobacco and in commercial sexual exploitation, sometimes as a result of human trafficking. (1) In 2021, the Government of Malawi, with the support of UNICEF, supported a Multiple Indicator Cluster Survey, which included modules on child labor and children's participation in hazardous work activities. (1,2) Table 1 provides key indicators on children’s work and education in Malawi. Data on some of these indicators are not available from the sources used in this report.

Source for primary completion rate: Data from 2019, published by UNESCO Institute for Statistics, 2022. (3) 
Source for all other data: International Labor Organization’s analysis of statistics from Multiple Indicator Cluster Survey 6, 2020. (4)

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. (1,21-23) Children who handle tobacco risk illness from nicotine absorption, including green tobacco sickness. (22,24) They are exposed to pesticides, chemicals, and harsh weather conditions; they also utilize sharp tools. (22) Some children work alongside family members who are tenants on tobacco farms. (8,22,25) In the tenancy system, tenants’ pay is based on the quantity and quality of the 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 from farm owners during the growing season; in many cases, they are unable to repay these debts, resulting in them, and often their families, falling into debt bondage. (8,26,27) Many children working under these conditions do not attend school. (22) 

Most child trafficking for labor in Malawi takes place within the country. (28) Traffickers transport teenage boys from southern Malawi to the central and northern regions for forced labor on tobacco farms, herding of goats and cattle, and brickmaking. (17,28,29) Children in Malawi are subjected to human trafficking to other countries, including Mozambique, South Africa, Tanzania, and Zambia. (30,31) Traffickers may charge children for their clothing and housing; children may be forced to work in debt bondage because of these charges. (32) Girls from rural areas sometimes move to larger cities in search of work. In some cases, they receive clothing and lodging from brothel owners and bar owners; if unable to find other work, the brothel owners may exploit them as bartenders or in commercial sex work to pay off their debts. (8,17,29) Girls living in the Dzaleka Refugee Camp are vulnerable to commercial sexual exploitation. (17)

Primary education is tuition-free and, since 2018, the government has abolished secondary school fees to facilitate access to secondary education. (33,34) However, considerable barriers to education exist, including families' inability to pay required school-related expenses, such as books and uniforms.(1,35) Long distances, a lack of teachers, poor school infrastructure, and the lack of water, electricity, feminine hygiene products, and sanitation facilities also negatively impact children's attendance at school. (1,12,13,23,35) In addition, safety concerns may negatively affect attendance; reports indicate that children are sometimes survivors of sexual assault at school by both peers and teachers. (35) Additionally, many girls in grades six to eight are withdrawn from school to perform domestic work at home. (13) Orphaned children and 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 leaving school early and entering into the worst forms of child labor. (36,37)

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

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 lack of legal protections for children working in private homes and on farms.

* Country has no conscription (45) 

In 2021, the President assented to amendments to the Employment Act to ban the use of tenant labor, the final step for legislative approval. (1,29) Under the new law, any person who enacts or imposes forced or tenancy labor will be liable for a fine of $6,000 and 5 years imprisonment. (44) 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. (26,27)

Section 21 of the Employment Act sets the minimum age for employment at age 14 for agricultural, industrial, or non-industrial work. (38) The minimum age does not extend to workers in private homes, such as in domestic work, or non-commercial agriculture sectors in which children work. (38,46) The minimum working age also is lower than the compulsory education age, which may encourage children to leave school before the completion of compulsory education. (33) Malawian law does not have criminal provisions for the use of children in illicit activities, such as the selling of drugs. Furthermore, 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. (47)

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 enforcement agencies that may hinder adequate enforcement of their child labor laws.

Labor Law Enforcement

In 2021, labor law enforcement agencies in Malawi took actions to address child labor (Table 6). However, gaps exist within the operations of the Ministry of Labor (MOL) that may hinder adequate labor law enforcement, including insufficient financial resource allocation.

Under Malawian law, child labor is a criminal offense and, as such, labor investigators refer violations related to child labor to criminal law enforcement authorities for investigation and the imposition of penalties. (38) The government did not provide information on its labor law enforcement efforts for inclusion in this report; however, research indicates that funding resources are likely inadequate to enforce laws related to child labor. (1,8) While the number of labor inspectors is unknown, according to the ILO's technical advice of a ratio approaching 1 inspector for every 40,000 workers in least developed economies, Malawi would need to employ about 123 labor inspectors as its workforce consists of more than 5 million workers. (54,55) 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. (1,5) To increase monitoring of the tobacco sector, the MOL and tobacco companies have an MOU that includes industry support for training of labor inspectors and financing of labor inspections on tobacco farms, such as covering transportation costs to inspection sites. (1) The MOU also establishes a complaint mechanism by which field technicians working for tobacco companies report child labor findings to labor officers for follow-up investigation and response. (5,56)

Although research could not determine the total number of child labor violations identified through labor inspections during the reporting period, there were 111 child labor violations for the period of July 2021 to February 2022; of this total, 98 children were withdrawn from child labor, of which 44 were sent back to school, 4 were placed in vocational training, and 41 received other rehabilitation measures. (53) Similarly, in fiscal year 2020–2021 (July 2020 to June 2021), there were an estimated 553 children withdrawn from child labor, of which 241 were returned to school, 62 were repatriated, and 11 received rehabilitation measures. There is no publicly available information on the whereabouts of the remaining children. (1) The MOL has a program for individuals to report potential labor law violations through phone calls, social media, and at labor offices. The MOL also maintains a labor information management system to capture and store information on labor law violations, including child labor cases. (1)

Criminal Law Enforcement

Research did not find information on whether criminal law enforcement agencies in Malawi took actions to address child labor.

The government does not operate a hotline, rather it works with a local NGO that operates a 24-hour National Helpline Service; during the reporting period, the NGO received 119 calls related to human trafficking, of which 51 pertained to children. (1) The government did not provide comprehensive information on its criminal law enforcement activities for inclusion in this report. (1) Although the Malawi Police Service reported 78 arrests, involving 133 victims, and 7 convictions during the reporting period for crimes related to trafficking in persons, research could not verify the ages of the victims and whether the cases pertained to the worst forms of child labor. (57)

Many children in Malawi lack birth certificates. The inability of law enforcement officials to verify the ages of child survivors of human trafficking and commercial sexual exploitation may have impeded efforts to prosecute traffickers under the Child Care, Protection and Justice Act, and the Trafficking in Persons Act. (58) In addition, police sometimes arrest and detain child sex trafficking survivors alongside adults. In some instances, these children fall victim to abuse, including sexual extortion, by the police. (1,17)

The government has established mechanisms to coordinate its efforts to address child labor (Table 8). However, gaps exist that hinder the effective coordination of efforts to address child labor, including a lack of standardized guidelines for coordination across agencies.

MOL officials, District Child Protection Committees, and Community Child Protection Committees lack standard guidelines for training on child labor issues, leading to lapses in case management and coordination of child labor responses. The MOL is coordinating with Winrock International to develop uniform guidance and training procedures to respond to child labor. (5)

The government has established policies related to child labor (Table 9). However, policy gaps exist that hinder efforts to address child labor, including a lack of harmonization of child labor into key national policies.

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. (70,71)

The government is reviewing a draft Child Labor Policy, which will guide the direction of Malawi's efforts to address child labor, including the National Action Plan. The draft policy also includes a light work framework. (5) The government also has drafted an updated National Action Plan for Vulnerable Children, which expired in 2019, but has yet to launch or make these policies available to the public. (5,60)

In 2021, 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 lack of implementation of programs.

† 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. (5,78,60,79-83)

The government, with the European Union, UNICEF, and the U.S. Centers for Disease Control and Prevention, supports programs to increase birth registration and data collection in various districts across the country. (80,84) During the reporting period, the government, with support of the ILO, the World Food Program and UNICEF implemented a short-term urban cash transfer program aimed at protecting children and vulnerable urban populations affected by the COVID-19 pandemic. Urban cash transfers reached 53,000 people in 7 towns. (85,86) The government has issued birth registration certificates to approximately 60 percent of the population. Preliminary figures indicate that 1.13 percent of children were issued birth registration certificates during the reporting period. Most of these registrations occurred in urban areas. (87)

An evaluation of the National Social Cash Transfer Program found that, although the program provided benefits for other aspects of children's well-being, it had achieved little reduction of child labor as the work of children only shifted from external employment to labor within the household farm, resulting from families using funds from the program to expand their household agricultural activities. (88) 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 in domestic service 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).

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