Malawi

Region
Africa
Regional Court
African Court on Human and Peoples' Rights
Regional Organisations
African Court on Human and Peoples' Rights
Commonwealth
African Union
Legal System
Mixed
International Obligations
Slavery
Servitude
Institutions and Practices Similar to Slavery
Forced Labour
Human Trafficking

International Instruments

1926 Slavery Convention
Not Party
1953 Protocol to the Slavery Convention
Not Party
1956 Supplementary Slavery Convention
02 August 1965
1966 ICCPR
22 December 1993
1930 Forced Labour Convention
19 November 1999
2014 Protocol to the 1930 Forced Labour Convention
Not Party
1957 Abolition of Forced Labour Convention
19 November 1999
1999 Worst Forms of Child Labour Convention
19 November 1999
2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons
17 March 2005
1998 Rome Statute of the ICC
19 September 2002

Summary of Domestic Prohibition

Slavery and Slave Trade
Practices Similar to Slavery
Servitude
Forced or Compulsory Labour
Human Trafficking
Provisions related to slavery are found in the Constitution at articles 27(1) which declares that no person shall be held in slavery and 27(2) which prohibits slavery and the slave trade. The Penal Code also criminalises buying or disposing of any person as a slave (article 267), habitual dealing in slaves (article 268), and kidnapping with intent to subject to slavery (article 263).
There appears to be no legislation in place in Malawi which prohibits institutions and practices similar to slavery, although article 82 of the Child Care, Protection and Justice Act criminalises pledging of a child as security.
Provisions related to servitude are found in the Constitution at articles 27(1) which declares that no person shall be held in servitude and 27(4) that no person shall be subject to tied labour that amounts to servitude.
Provisions related to forced labour are found in the Constitution at article 27(3) which declares that no person shall be subject to forced labour and the Penal Code which criminalises forced labour under article 269. The 2000 Employment Act also prohibits and criminalises forced labour under article 4.
Provisions related to trafficking in persons are found in the 2015 Trafficking in Persons Act which criminalises trafficking in persons (section 14) and children (section 15). Child trafficking is also criminalised under article 79 of the 2010 Child Care, Protection and Justice Act.

Legislative Provisions

AWAD REPORT

CONSTITUTION OF THE REPUBLIC OF MALAWI 1994 (REV. 1999)

PENAL CODE

EMPLOYMENT ACT 2000

EMPLOYMENT ACT 2000 TRAFFICKING IN PERSONS ACT 2015

CHILD CARE, PROTECTION AND JUSTICE ACT 2010

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