Child Labor and Forced Labor Reports
Malawi
Moderate Advancement
In 2024, Malawi made moderate advancement in efforts to eliminate the worst forms of child labor. The government addressed poor working conditions in the tobacco sector by approving a standard employment contract and launching the Agriculture Labor Practices Code, a set of guidelines, regulations, and laws that applies to all tobacco farmers and merchants and aims to improve the lives of workers and their families by ending child labor and forced labor. The government also supported two projects working to eliminate child labor and increase social protection in the tobacco, coffee, and tea supply chains by producing a tea sector child labor policy, educational materials, vocational training, economic empowerment initiatives, and school improvement grants. Finally, the government made notable improvements in collecting and publishing information on civil and criminal enforcement mechanisms. However, many families also continue to work under the tenancy system, which frequently leads to these families and their children falling into situations of debt bondage. Finally, children who reside in border areas near Tanzania, Mozambique, and Zambia, especially those experiencing poverty, are at greater risk of forced labor, sometimes as the result of human trafficking, in agriculture, herding, domestic work, and prostitution.
| Children | Age | Percent and Population |
|---|---|---|
| Working | 5 to 14 | 26.3% (1,456,305) |
| Hazardous Work by Children | 15 to 17 | Unavailable |
| Attending School | 5 to 14 | 83.3% |
| Combining Work and School | 7 to 14 | 28.4% |
| Sector/Industry | Activity |
|---|---|
| Agriculture | Planting and harvesting tobacco,† production of tea and household crops, livestock herding, and fishing. |
| Industry | Construction.† |
| Services | Domestic work, vending, and begging.† |
| Categorical Worst Forms of Child Labor‡ | Forced labor in herding animals, tobacco farming, domestic work, and work in small businesses such as rest houses and bars. Commercial sexual exploitation, sometimes as a result of human trafficking. |
† 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 at Higher Risk
Some children work alongside family members who are tenants on tobacco farms. In the tenancy system, the quantity and quality of the tobacco sold to farm owners after the harvest season determines the pay tenants receive, incentivizing parents to use their children as workers 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 debt bondage. Although the government legally abolished the tenancy system in 2021, research indicates that children continue to be subjected to forced labor conditions while producing tobacco, indicating the need for targeted government programs and interventions to support the transition of tenant farmers and their families to alternative systems of livelihood. In addition, orphaned children may need to assume responsibility as heads of their households, including working to support their families, thereby increasing their risk of leaving school early and entering into the worst forms of child labor. Moreover, rural-based children are particularly at risk for extreme poverty and economic and disaster-related shocks, likely resulting in higher prevalence of child labor. Finally, children who reside in areas that border Tanzania, Mozambique, and Zambia, especially those experiencing poverty, are at greater risk of forced labor, sometimes as the result of human trafficking, in agriculture, herding, domestic work, and prostitution.
Barriers to Education Access
Although primary education is tuition-free, considerable barriers to education exist, including costs related to required school-related expenses, such as books, uniforms, and examination or school development fees. This is especially true for low-income and poverty-level households. Additionally, there are significant obstacles to quality education, including poverty, safety concerns related to sexual violence in schools, long distances between home and school, a shortage of teachers and learning materials, and poor school infrastructure, including the lack of desks, water, electricity, feminine hygiene products, and sanitation facilities.
| Standard | Age | Meets International Standards | Legislation |
|---|---|---|---|
| Minimum Age for Work | 18 | ✓ | Section 21 of the Employment Act |
| Minimum Age for Hazardous Work | 18 | ✓ | Section 22 of the Employment Act; Section 23 of the Constitution |
| Identification of Hazardous Occupations or Activities Prohibited for Children | ✓ | Sections 1–9 and Paragraph 6 of the Employment (Prohibition of Hazardous Work for Children) Order | |
| Prohibition of Slavery, Debt Bondage, and Forced Labor | ✓ | Section 4 of the Employment Act (2021); Section 27 of the Constitution; Sections 141 and 257–269 of the Penal Code; Sections 79 and 82 of the Child Care, Protection and Justice Act; Sections 2 and 14–16 of the Trafficking in Persons Act | |
| Prohibition of Child Trafficking | ✓ | Sections 140–147 and 257–269 of the Penal Code; Section 79 of the Child Care, Protection and Justice Act; Sections 2, 15, and 16 of the Trafficking in Persons Act | |
| Prohibition of Commercial Sexual Exploitation of Children | ✗ | Sections 140, 142, and 147 of the Penal Code; Section 23 of the Child Care, Protection and Justice Act; Sections 2, 15, 16, and 20 of the Trafficking in Persons Act | |
| Prohibition of Using Children in Illicit Activities | ✗ | ||
| Minimum Age for Voluntary State Military Recruitment | 18 | ✓ | Section 19 of the Defense Force Act |
| Prohibition of Compulsory Recruitment of Children by (State) Military | N/A | ||
| Prohibition of Military Recruitment by Non-state Armed Groups | ✗ | ||
| Compulsory Education Age | 18 | ✓ | Article 13 of the Education Act |
| Free Public Education | ✓ | Articles 2 and 13 of the Education Act |
Section 21 of the Employment Act sets the minimum age for employment at age 14 for agricultural, industrial, or non-industrial work, but exempts work performed in homes, leaving children working at these sites without minimum age protections. The light work provision allowing children ages 14 to 18 to work does not prescribe the number of hours, conditions, or activities in which children who are under the compulsory education age may work. In addition, Malawian law does not have criminal provisions for the use of children in illicit activities, such as the selling of drugs. Malawi’s laws also do not criminally prohibit the use of a child for prostitution, nor do they assess criminal penalties for using boys between the ages of 14 and 17 in prostitution. 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.
| Organization/Agency | Role & Activities |
|---|
| Ministry of Labor (MOL): Performs inspections and investigates all labor complaints, including those related to child labor and child trafficking. Through its Child Labor Unit, monitors and implements child labor law compliance through monitoring visits. Coordinates with the Ministry of Homeland Security and the Ministry of Gender, Children, Disability and Social Welfare to conduct investigations and refer children for social services. District child labor offices enforce child labor and human trafficking laws at the district level, including monitoring child labor data and school attendance. Malawi’s Labor Inspectorate is not authorized by law to assess penalties. The inspectorate works with enforcement agencies and the courts to assess and collect penalties and to take other enforcement actions. During the reporting period, and with external support from the EU Skills for Jobs Zantchito Program, ILO programs, and tobacco companies, MOL recruited 8 new labor inspectors and eased transportation concerns by providing 8 vehicles, 22 motorcycles, and fuel for inspections. MOL is also working with the Elimination of Child Labor in Tobacco Growing Foundation to refine indicators and begin building a child labor monitoring system. Despite these externally supported partnerships, enforcement efforts were hindered by a lack of office space, computers, and reliable internet access. |
| Malawi Police Service and Ministry of Justice: Investigate child labor and forced labor cases while providing support services for survivors. The Malawi Police Service is under the Ministry of Homeland Security. Coordinates with the Ministry of Justice, which prosecutes criminal offenders of the worst forms of child labor. |
| Overview of Enforcement Efforts | 2024 |
|---|---|
| Has a Labor Inspectorate | Yes |
| Able to Assess Civil Penalties | N/A |
| Routinely Conducted Worksite Inspections | Yes |
| Unannounced Inspections Permitted | Yes |
| Has a Complaint Mechanism | Yes |
| Imposed Penalties for Child Labor Violations | Yes |
| Conducted Criminal Investigations for Worst Forms of Child Labor Crimes | Yes |
| Imposed Penalties for Worst Forms of Child Labor Crimes | Yes |
In 2024, 168 labor inspectors conducted 1,357 worksite inspections, finding 3 child labor violations. It is unknown how many prosecutions related to the worst forms of child labor were initiated, although 18 investigations were conducted and there was 1 conviction.
| Coordinating Body | Role & Activities |
|---|
| National Steering Committee on Child Labor (NSCCL): Supported by the National Technical Working Group on Child Labor, provides policy guidance to support the elimination of child labor and oversees the implementation of the National Action Plan on Child Labor. Chaired by the Ministry of Agriculture, with the Ministry of Labor acting as the main technical advisor and secretariat, NSCCL includes representatives from government ministries, including Homeland Security and the Ministry of Gender, Community Development and Social Welfare, as well as trade unions, employers, development partners, and civil society organizations. Local coordination of child labor and child welfare issues occurs through District and Community Child Labor Committees. In 2024, NSCCL worked to bring clarity to institutional mandates, validated the standard contract for the tobacco sector, and partnered with tobacco companies through memorandums of understanding to address child labor and tenancy labor. |
| Policy | Description & Activities |
|---|
| National Action Plan on Child Labor (2020–2025): Outlines the government’s strategies for the elimination of the worst forms of child labor, with a focus on six critical areas: (1) laws and policy; (2) institutional and human resource capacity of stakeholders involved in child labor elimination; (3) public education and awareness; (4) prevention, withdrawal, rehabilitation, and social re-integration of children in child labor; (5) mitigating HIV/AIDS and other chronic illnesses; and (6) improving the availability of information on child labor. Research could not determine whether activities took place to implement the National Action Plan during the reporting period. |
| UN Strategic Roadmap: Establishes priorities and areas of intervention for Malawi to eliminate child labor and forced labor, and outlines mandates and responsibilities of Malawi government agencies and development partners. The Roadmap identifies the following areas for prioritization: review and institutionalization of legal and policy framework, strengthening enforcement, capacity building, provision of services, educational access, social protection, and coordination. Research could not determine whether activities took place to implement the Roadmap during the reporting period. |
| National Child Labor Mainstreaming Guide: Provides guidance to government ministries, departments, and agencies, as well as other social partners in addressing child labor through integration of child labor elimination strategies into key policies. Aims to also enhance responsive planning and service delivery, and multisectoral collaboration in addressing child labor. Research could not determine whether activities took place to implement the Guide during the reporting period. |
†The government has other policies that may have addressed child labor issues or had an impact on child labor.
| Program | Description & Activities |
|---|
| National Social Cash Transfer Program (NSCTP):‡ Government-led program that supports low-income families in high-risk districts to enable children to stay in school and prevent child labor. Approximately 1.4 million individuals receive cash transfers from the program, which assists families in food security and payment of educational expenses. During the reporting period, NSCTP initiated a village savings and loan concept to provide social safety nets to project participants to encourage graduation and sustainability. A total of $42.75 million (K75 billion) in monthly cash disbursements was dispensed to 325,000 households, including 105,000 households vulnerable to the effects of financial volatility and hunger, through electronic payments in 24 of 28 districts. Households with school-age children received higher amounts. However, an evaluation of the program found that it had achieved little reduction of child labor as the work of children only shifted from external employment to labor within the household, due to families using funds from the program to expand their household agricultural activities. |
| Education Assistance Programs:‡ Government-funded programs that provide educational assistance and support for vulnerable families by addressing educational barriers contributing to child labor. Includes the Complementary Basic Education Program, a $1.1 million project that promotes school enrollment for children removed from child labor. Also includes the Early Childhood Development Program that provides services to 2.4 million children through preschools and parenting groups. In 2024, the government, supported by District Councils, extended the school feeding program and prioritized access for girls and students from low-income households. |
| ILO Programs: Includes Accelerating Action for the Elimination of Child Labor in Supply Chains in Africa (ACCEL), a $9.7 million Government of the Netherlands-funded program aimed at promoting employment, inclusive growth, and social protection; elimination of child labor; and other issues related to work and social protection in key African supply chains, including coffee and tea in Malawi. In 2024, the ACCEL program supported the development of the Employer’s Guide on the Elimination of Child Labor, a tea sector Child Labor Policy, and the National Advocacy and Communication strategy on child labor; cultivated livelihood and economic empowerment through vocational training (132 youths), start-up capital for participants in the coffee and tea supply chain (250 adults), and monetary support through village savings groups (250 participants); and strengthened child education initiatives through school improvement grants, educational materials for vulnerable children at-risk or in child labor, and the creation of tutoring classes and child rights clubs. Additionally, includes Addressing Decent Work Deficits and Improving Access to Rights in Malawi’s Tobacco Sector (ADDRESS), a $1.9 million Government of Norway-funded, 5-year project promoting decent work standards and improving access to rights, including the elimination of child labor. In 2024, ADDRESS strengthened stakeholder collaboration, increased trade union capacity, and aided in the adoption of the standard employment contract for the tobacco sector. |
‡ 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
| Area | Suggested Action |
|---|---|
| Legal Framework | Criminally prohibit the use of a child in prostitution and establish criminal penalties for using boys aged 14–17 in prostitution. |
| Ensure that all forms of children’s work, including work conducted by children in homes, receive legal protection, including a minimum age for work that complies with international standards. | |
| Ensure that the light work provision for children ages 14 to 18 prescribes the hours, conditions, and activities in which children are permitted to work. | |
| Criminally prohibit the use of children by adults for illicit activities. | |
| Criminally prohibit the recruitment of children under age 18 by non-state armed groups. | |
| Enforcement | Provide the labor inspectorate with sufficient human and material resources, such as office space, computers, and reliable internet access, to conduct regular labor inspections and monitor results, particularly in the agricultural sector, and to reduce the burden of labor arbitration responsibilities that limit time dedicated for onsite labor inspections. |
| Ensure that child survivors of commercial sexual exploitation do not fall victim to sexual extortion and are not arrested or detained. | |
| Maintain and publish disaggregated information on criminal law enforcement efforts related to the worst forms of child labor, including the age of exploited children and the nature of their exploitation. | |
| Provide criminal law investigators with additional fiscal resources and specialized training for responding to the worst forms of child labor. | |
| Create and maintain a referral mechanism for suspected child labor violations, including the worst forms. | |
| Ensure trafficking victim identification protocols are consistently utilized by front-line officials to proactively identify child trafficking survivors and refer those survivors to appropriate protective services. | |
| Implement a digital tracking system for civil worst forms of child labor inspections. | |
| Coordination | Standardize approaches for training and responding to child labor to strengthen coordination and case management among key stakeholders involved in the protection of children. |
| Government Policies | Integrate child labor elimination and prevention strategies into the National Education Sector Plan and the National Youth Policy. |
| Implement all key national policies related to prevention and elimination of child labor and publish results from activities implemented on an annual basis. | |
| Social Programs | Develop social programs to support families and children transitioning from the tenancy system. |
| Take measures to address barriers to education, including by defraying auxiliary educational costs, improving school infrastructure, increasing the number of teachers, increasing schools and transportation resources serving rural areas, and instituting mechanisms to address sexual violence occurring within schools. | |
| Ensure that all children are registered at birth and increase efforts to register children who were not issued birth certificates. | |
| Support targeted programs that expand educational opportunities for orphan-headed households and families affected by HIV/AIDS. | |
| Institute safeguards to ensure that households receiving support under the National Social Cash Transfer Program do not use the labor of their children, including by requiring school attendance for children. | |
| Increase the scope of social programs to reach more children at risk of the worst forms of child labor and develop specific programs to target children in domestic work and commercial sexual exploitation. |