US embassy cable - 04LILONGWE821

UNCLAS SECTION 01 OF 02 LILONGWE 000821 
 
SIPDIS 
 
DOL FOR ILAB/TINA FAULKNER AND MARINDA HARPOLE 
 
E.O. 12958: N/A 
TAGS: ELAB, PHUM, EAID, EIND, ETRD, SOCI, MI, AFIN, Labor, Human Rights/Trafficking 
SUBJECT: 2004 MALAWI CHILD LABOR UPDATE 
 
REF: (A) 03 LILONGWE 909, (B) STATE 163967, (C) LILONGWE 
 
696 
 
1. This message is an update of reftel A, as requested 
reftel B. 
 
Laws and Regulations Proscribing Child Labor 
-------------------------------------------- 
2. According to Labor Commissioner Zebron Kambuto, the 
GOM is currently preparing a code of conduct to serve as 
a guide for labor officers to define and combat child 
labor.  In addition, Kambuto said the GOM has prepared 
an outline of weaknesses in the current legislation and 
plans to amend the legal framework regarding child labor 
in order to make labor policies and legislation more 
effective.  The proposed legislation changes will be 
reviewed at a stakeholder meeting in late August 2004. 
 
Implementation and Enforcement 
------------------------------ 
3. Discussing enforcement, Kambuto said during the 
previous year the GOM has trained about 120 labor 
officers in child labor monitoring, reporting and 
inspection.  There are a total of 150 labor 
officers/inspectors in the ministry, all of whom handle 
child labor investigation. Since the training took place 
in late 2003, the Ministry of Labor and Vocational 
Training (MOLVT) has held one refresher course. 
 
Formal Mechanisms to Investigate Complaints 
------------------------------------------- 
4. Turning to the investigative process, Kambuto said 
there were many incidents of child labor reported by 
district labor officers in all regions of the country. 
He said, however, there were no prosecutions or 
convictions in the past year.  Conceding that more 
prosecutions and convictions should have occurred, 
Kambuto said the GOM plans to intensify civic education 
about child labor, as many of the violations are a 
result of ignorance of the law. 
 
Social Programs to Prevent/Redress Child Labor 
--------------------------------------------- - 
5. In an effort to combat child labor, the Ministry has 
increased its partnerships with local and international 
NGOs, youth organizations, and other international 
organizations, such as UNICEF and ILO/OPEC.  The 
Elimination of Child Labor in Tobacco (ECLT) project has 
been addressing root causes of child labor by building 
schools and performing civic education.  These projects 
also included food security, agroforestry, water 
sanitation, and health components. 
 
6. Attempting to use local monitors in rural areas, the 
Ministry has organized youth village committees that 
monitor and report on child labor.  According to 
Kambuto, the local monitor projects have largely been 
successful because people in the villages have responded 
better to local authorities than to Ministry officials. 
Additionally, ILO/OPEC conducted civic education 
programs throughout the year using local media, 
particularly during July in observance of Child Labor 
Day. 
 
Comprehensive Policy for Worst Forms of Child Labor 
--------------------------------------------- ------ 
7. In July 2004, the GOM released a study conducted by 
the Malawi National Statistical Office (NSO) designed to 
determine the magnitude of child labor in Malawi (reftel 
C).  The study included three parts: an assessment of 
child labor, a study on child prostitution, and a study 
on street children.  The report stated that one-third of 
Malawian children are involved in the report's 
definition of child labor.  The Ministry of Labor is 
currently reviewing the report and consulting with 
stakeholders in order to find ways to strengthen the 
GOM's legislative framework to increase protection for 
children. 
 
Comment 
------- 
8. Malawi requires resources to combat child labor and 
effectively implement related laws.  The Ministry 
conducts educational campaigns, but lacks the requisite 
human and financial resources to successfully implement 
programs.  Positive signs, especially the proposed code 
of conduct for labor officers, demonstrate the GOM's 
desire to eliminate child labor.  However, substantial 
improvement is not likely to occur until the GOM and its 
international partners make progress in reducing poverty 
and mitigating the impact of HIV/AIDS. 
 
RASPOLIC