National Action Plan on Child Labour (NAP II) 2020-2025

1.1 Background................................................................................................................1

1.2 Rationale for the development of the NAP II ............................................................2

1.3 The NAP development process ................................................................................. 2

2.0 Situational analysis ....................................................................................................3

2.1 Malawi’s social-economic context ............................................................................3

2.2 An overview of child labour in Malawi .................................................................... 4

2.2.1 Working children in Malawi ...............................................................................4

2.2.2 Child labour ........................................................................................................6

2.2.3 Street children aged 5-17 years .......................................................................... 9

2.2.4 Children in commercial sexual exploitation ....................................................... 9

2.2.5 Child labour and internal migration .................................................................. 10

2.3 Causes of Child Labour ........................................................................................... 10

2.3.1 Poverty ..............................................................................................................10

2.3.2 Difficulties in accessing education ................................................................... 10

2.3.3 The effects of HIV ............................................................................................ 11

2.3.4. Bias against girls' education…………………………………………………12

2.3.5 Children are in some cases preferred ................................................................ 13

2.4. Worst Forms of Child labour……………………………………………….……13

3.0 Current National Policies……………………....…………………....………….........13

3.1 Legal and policy frameworks .................................................................................. 13

3.1.1 National Laws and Policies .............................................................................. 13

3.1.2 Child labour and MGDS III .............................................................................. 16

3.1.3 International Instruments ..................................................................................15

3.2 Programmes addressing child labour ....................................................................... 16

3.2.1 Direct action programmes ................................................................................ 16

3.2.2 Advocacy and prevention programmes ............................................................ 18

3.2.3 Inspection of workplaces ..................................................................................20 ii 3.2.4 Capacity building for GoM and representatives of workers and employers .....20

3.2.5 Other related public programmes ..................................................................... 20

3.2.5.1 Public Works Programme……………………………....……....…....21

3.2.5.2 Social Cash Transfer Programme…………………………………….21

3.2.5.3 Farm Input Subsidy Programme……………………………..….....23

3.2.5.4 Free Primary Education………………………………...……………23

3.2.5.5 School Meals Programme…………………………..………………..23

3.2.5.6 Village Savings and Loans…………………………..……………….24 4. Gaps in the fight against child labour ............................................................................ 25

4.1 Legal and policy framework ....................................................................................25

4.2 Access to education ................................................................................................. 26

4.3 Data on child labour ................................................................................................ 27

4.4 Awareness about the evils of child labour ............................................................... 27

4.5 Addressing poverty at household level ....................................................................28

4.6 Working environment and conditions for child aged 15-17 .................................... 28

4.7 Cultural beliefs and practices .................................................................................. 28

4.8 Institutional and technical capacity ......................................................................... 29

4.9 Collaboration and networking ................................................................................. 28 5. Priority areas for the NAP II ........................................................................................ 29 6. Strategic framework…………………………………………………………………..30

6.1 Goals of the NAP II……………………………………….……………………….30

6.2 Objectives of the NAP II ......................................................................................... 31 6.3 Strategic direction for the elimination of child labour in Malawi ........................... 31

6.3.1 Legal and policy framework .............................................................................31

6.3.2 Capacity building ..............................................................................................32

6.3.3 Awareness raising .............................................................................................33

6.3.4 Prevention, withdrawal, rehabilitation and re-integration ................................ 33

6.3.5 Chronic Illnesses and HIV and AIDS in the context of Child Labour ............. 34

6.3.6 Child labour information database and availability of information ................. 34 7. Implementation plan .....................................................................................................35

7.1 Institutional framework for implementing the NAP II ............................................ 35

7.2 Roles and responsibilities of various stakeholders .................................................. 36 iii

7.2.1 Ministry of Labour, Skills and Innovation ......................................................36

7.2.2 Ministry of Gender, Children, Disability and Social Welfare .........................37 7.2.3 Ministry of Finance, Economic Planning and Development ...........................38

7.2.4 Ministry of Education, Science and Technology .............................................38 7.2.5 Ministry of Agriculture, Irrigation and Water Development ...........................39

7.2.6 Ministry of Health ..........................................................................................39

7.2.7 Ministry of Homeland Security .......................................................................39

7.2.8 Ministry of Infromation Civic Education and Communication Technology ...40

7.2.9 Ministry of Justice and Constitutional Affairs ................................................40

7.2.10 Judiciary..........................................................................................................40

7.2.11 District Councils .............................................................................................40

7.2.12 Other GoM ministries …………………...……………..…………………....41

7.2.13 Development partners. ....................................................................................42

7.2.14 Tobacco Industry ............................................................................................42 7.2.15 Non-Governmental Organizations/Faith-Based Organizations .....................42

7.2.16 Workers Organisations ...................................................................................43

7.2.17 Employers’ Organizations ..............................................................................43

7.2.18 National Statistical Office ……………...……………………………………44

7.2.19 Communities ..................................................................................................44

7.2.20 Academic institutions .....................................................................................45

7.2.21 Media .............................................................................................................45 8. Monitoring and evaluation ............................................................................................ 45 9. Financing the NAP ........................................................................................................46 Annex 1: Results framework for NAP II 2020-2025 ........................................................ 48 Annex 2: Summary budget for the NAP II ....................................................................... 67 Annex 3: References ......................................................................................................... 68 Figures FIGURE 1: TRENDS IN CHILD LABOUR 2000-2016 (INTERNATIONAL LABOUR ORGANISATION, 2017)..................................................................................................1 FIGURE 2: PERCENTAGE OF CHILDREN AGED 5-17 WHO WORKED AT LEAST FOR 1 HOUR 7 DAYS PRIOR TO THE SURVEY BY AGE GROUP .................................................................5 FIGURE 3: THE DISTRIBUTION OF WORKING CHILDREN AGED 5-17 BY INDUSTRY OF EMPLOYMENT ...............................................................................................................6 FIGURE 4: EMPLOYMENT STATUS OF WORKING CHILDREN BY SEX .......................................7 iv FIGURE 5: PREVALENCE OF CHILD LABOUR/HAZARDOUS WORK BY SOCIO-ECONOMIC STATUS .........................................................................................................................7 FIGURE 6 : TYPES OF HAZARDOUS WORK .............................................................................7 FIGURE 7: REASONS CHILDREN 5-17 WHO WERE IN CHILD LABOUR NEVER ATTENDED SCHOOL ........................................................................................................................8 FIGURE 8: TRANSFER LEVELS TO BENEFICIARY HOUSEHOLDS ............................................ 22 FIGURE 9: PROPORTION OF TOTAL BUDGET PER PRIORITY AREA ........................................47 Foreword v The Government of Malawi (GoM) acknowledges the negative impact of child labour on the children and the wider society. Child labour deprives children of their right to education, health, wellbeing and protection. It hampers their future ability to sustain themselves and ultimately creates cycles of intergenerational poverty. The practice of child labour also deprives the country of skilled and healthy workforce required to drive economic and social progress. The GoM has, therefore, developed mechanisms including policies and legislation to safeguard and protect the rights and welfare of the children. It has ratified Conventions on the Rights of the Child (CRC) and International Labour Organization’s Conventions 138 on Minimum Age of Entry into Employment and 182 on the Worst Forms of Child Labour. The provisions in these international instruments have since been domesticated through the Republican Constitution, the Employment Act (2000), the Child Care, Protection and Justice Act (2010) and the Education Act (2013), among other laws. The introduction of free primary education in 1994 constitutes one of the key interventions in the fight against child labour given the strong force of education in drawing children away from child labour. In addition to creating a conducive legal and policy environment for the fight against child labour, the GoM with support from development partners and cooperating such as the ILO, UNICEF, ECLT Foundation, Winrock International and other non-governmental organisations is implementing interventions at national, regional, district and community levels aimed at eradicating child labour. Most of these interventions have been quite successful in reducing the practice of child labour, hence the need for scaling them up. The development of the second National Action Plan on Child Labour (NAP II) covering the period 2020-2025 was highly participatory, with all the major stakeholders including line government ministries and departments, workers’ and employers’ organisations, civil society organisations and traditional leaders involved. The NAP II provides the necessary guidance required for the implementation of the National Child Labour Policy. The interventions set out in the NAP II have the potential to scale up the fight against child labour and significantly contribute towards its eradication by the Sustainable Development Goal (SDG) target date of 2025. vi The GoM, through the NAP II, wishes to renew its commitment to the elimination of child labour and thus calls stakeholders and the general public to join hands in this noble cause. The successful implementation of the NAP II hinges on the commitment of all the stakeholders. On our part, the GoM will continue to improve the legal and policy environment, where necessary, and provide strategic direction in the fight against child labour. The NAP II has been aligned with the draft National Child Labour Policy, the Malawi Growth Development Strategy (MGDS) III and Sustainable Development Goals (SDGs) in order to achieve coherence with these key development strategies. It is therefore an important framework for driving the development agenda of the country forward. Hon. Kenny Edward Kandodo, M.P. Minister of Labour vii Acknowledgements The successor National Action Plan (NAP) Il, 2020-2025 has been developed with the participation of all key stakeholders and the Ministry is most grateful for their valuable contributions. The Ministry also wishes to express sincere gratitude and appreciation to the Eliminating Child Labour in Tobacco Growing Foundation (ECLT) for financing the development of the NAP Il up to its finalization. My thanks also go to the Consultant, Dr. Alister Munthali who worked tirelessly to put together the complete document, including costing. Lastly, I would I like to thank fellow staff in the Ministry for coordinating and providing leadership during the development of the NAP Il. It is my sincere hope that there will be full cooperation and collaboration among stakeholders in the application of strategies for the implementation of interventions as detailed in the NAP Il in order to achieve the targets set. Dickson Secretary bour viii Abbreviations used ACLC Area Child Labour Committee AIDS Acquired Immune Deficiency Syndrome ARISE Achieving Reduction of Child Labour in Support of Education CBE Complementary Basic Education CBO Community Based Organisation CCLC Community Child Labour Committee CCPJA Child Care, Protection and Justice Act CDA Community Development Assistant CLU Child Labour Unit CRC Convention on the Rights of the Child CSO Civil Society Organisation CSR Corporate Social Responsibility CYECE Centre for Youth Empowerment and Civic Education DCLC District Child Labour Committee DDP District Development Plan DEM District Education Manager DIP District Implementation Plan DLO District Labour Officer ECAM Employers’ Consultative Association of Malawi ECD Early Childhood Development ECLT Eliminating Child Labour in Tobacco EMIS Education Management Information System EU European Union FISP Farm Input Subsidy Programme GAP Global Action Plan GoM Government of Malawi GDP Gross Domestic Product HIV Human Immuno-Deficiency Syndrome ICT Information Communication and Technology IGA Income Generating Activities ix IHS Integrated Household Survey ILO International Labour Organisation ITUC International Trade Union Congress KfW Kentucky Funds for Women MASAF Malawi Social Action Fund MCLS Malawi Child Labour Survey MCTU Malawi Congress of Trade Unions MDHS Malawi Demographic and Health Survey MGDS Malawi Growth and Development Strategy MICS Multiple Indicators Cluster Survey MoAIWD Ministry of Agriculture Irrigation and Water Development MoFEPD Ministry of Finance, Economic Planning and Development MoGCDSW Ministry of Gender, Children, Disability and Social Welfare MoJ&CA Ministry of Justice and Constitutional Affairs MoLSI Ministry of Labour, Skills and Innovation NAC National Aids Commission NCLP National Child Labour Policy NCLS National Child Labour Survey NAP II National Action Plan II NGO Non-Governmental Organisation NSO National Statistical Office NSC National Steering Committee NSSP National Social Support Programme NTWG National Technical Working Group OSH Occupational Safety and Health PWP Public Works Programme RIDP Rural Infrastructure Development Programme SADC Southern Africa Development Community SDG Sustainable Development Goals SMP School Meals Programme SOC Service Outreach Centre THR Take Home Ration x TLAC Tripartite Labour Advisory Council UNICEF United Nations Children’s Fund USDOL US Department of Labour VSL Village Savings and Loans VSLA Village Savings and Loans Association WFP World Food Programme xi Definitions The following definitions have been adopted for the purposes of the NAP II. They are in line with national policies and legislations as well as international labour conventions. 1. Child: Any person under the age of eighteen years. 2. Light work: Refers to employment or work done by persons aged 13-15 which is- (a) not likely to be harmful to the health or development of a child; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received (ILO Convention 138, article 7). 3. Child labour: Any activity that employs a child below the age of 14 or that engages a child between the ages of 14 and 17 and prevents him or her from attending school or concentrating on school, or negatively impacts on the health, social, cultural, psychological, moral, religious and related dimensions of the child’s upbringing. 4. Pathfinder Country: Refers to a country that commits to going further and faster to achieve the objectives of Sustainable Development Goal Target 8.7 and willing to try new approaches from which others can learn in order to support achievement of the Target’s urgent deadlines 5. Worst Forms of Child labour: ILO Convention 182 defines the worst forms of child labour as: (a) All forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour including forced or compulsory recruitment of children for use in armed conflict; (b) The use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances; (c) The use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties; and (d) Work which, by its nature or in the circumstances in which it is carried out, is likely to harm the health, safety and morals of children. xii EXECUTIVE SUMMARY 1. Introduction Child labour is a major social and economic problem in Malawi as it violates children’s rights. The 2015 National Child Labour Survey (NCLS) found that 38% of the children aged 5-17 were engaged in child labour. Of the children engaged in child labour, 72% are in the agriculture, forestry and fishing industry, 28% are in domestic work and the remaining 6% are in other industry. Some children in Malawi are engaged in worst forms of child labour and these include children in street situations, children engaged in prostitution, those engaged in the production of tobacco and then those in child marriage. Poverty is widespread in Malawi with 51.5% of the population living below the poverty line. Poverty is a major cause of child labour: the lack of basic needs forces children to engage in child labour. Other causes of child labour include difficulties in accessing education including its high cost, the death of parents due to HIV and other chronic illnesses that forces children to engage in child labour, negative cultural beliefs and norms, food insecurity and the lack of awareness about the negative consequences of child labour. The Government of Malawi has put the elimination of child labour including its worst forms as a priority and this is clearly spelt out in the MGDS III. There are also a number of policies and laws that prohibit child labour practices. With support from development and cooperating partners, the Ministry of Labour Skills and Innovation (MoLSI) and various stakeholders have been implementing interventions to eliminate child labour. These interventions have included (i) the creation of awareness at all levels on the evils of child labour; (ii) the building of capacity of different stakeholders at different levels in order to effectively implement interventions; (iii) the identification, withdrawal and reintegration of children engaged in child labour; (iv) the review of legislation and policies on child labour; and (v) ensuring that data is available to effectively assess progress in the fight against child labour. There are various stakeholders in Malawi that are involved in the implementation of interventions to address child labour. There is, therefore, a need for these stakeholders to be xiii guided on the interventions that have proved to be effective. This is why in 2010 the first National Action Plan on child labour was developed covering the period 2010-2016. There was a gap after the NAP I was due for review. Following the expiry of the first National Action Plan that was for the period 2010-2016, NAP II fills the gap to guide stakeholders in the implementation of interventions over the period 2020-2025 for the elimination of child labour, including its worst forms. 2. Goal of the NAP II The overall goal of the NAP II 2020-2025 is to eliminate child labour, including its worst forms in all the sectors of the economy in Malawi by 2025. 3. Objectives of the NAP II The overall goal of the NAP II (2019-2025) will be achieved through the following objectives; 1. To create a conducive legal and policy environment for child labour elimination. 2. To build and strengthen the institutional and human resource capacity of stakeholders in child labour elimination. 3. To increase public knowledge and awareness on the evils of Child Labour and its effect on national development. 4. To engage in direct action to combat child labour through prevention, withdrawal, rehabilitation and re-integration of children withdrawn from child labour 5. To mitigate the impact of chronic illnesses and HIV and AIDS in inducing Child Labour. 6. To improve child labour information availability and accessibility. 4. Strategic direction for the elimination of child labour in Malawi There are 6 thematic (priority) areas for the NAP II and these are (i) Legislative and policy framework; (ii) Capacity building; (iii) Awareness creation and advocacy; (iv) Prevention, withdrawal and reintegration; (v) Chronic Illnesses and HIV and AIDS in the context of Child Labour; and (vi) Child labour information database and availability of information. This xiv section details the activities that will be implemented under each of these thematic (priority) areas.

4.1 Legal and policy framework • Conduct a comprehensive situation analysis of the legal and policy framework governing child labour in Malawi to inform the review of laws and policies. • Fast track the development, review and approval of all national policies that support the implementation of the NAP II including the National Child Labour Policy (NCLP). • Sensitise and advocate for the enforcement of existing legal and policy frameworks. • Advocate for the domestication of all relevant ILO instruments, including the recently ratified Conventions 155, 184 and 187 and the Protocol of 2014 to the Forced Labour Convention. • Review legislation related to child labour to ensure that all workplaces including the informal sector are eligible for inspection and that these laws do not contradict each other e.g. the need for the Occupational Safety, Health and Welfare Act (OSHWA) to be reviewed. • Mainstream child labour into all relevant development policies, taking a gender sensitive approach. • Review list of hazardous work in line with ILO conventions 138 and 182. • Extend labour inspection services to monitor child labour in the informal sector and private homes by amending section 21(2) of the Employment Act and including work done in homes and the abolition of tenancy system. • Develop and implement by-laws on child labour with active involvement of the communities and districts. • Review the inspection form to include /cover trafficking in persons and children on the streets and in prostitution.

4.2 Capacity building • Conduct functional review of the Department of Labour Services. • Mobilise adequate resources for the Child Labour Unit (CLU) operations. • Procure vehicles and office equipment such as furniture and simple OSH equipment. xv • Establish or strengthen district and community child labour committees. • Hold regular meetings of the Tripartite Labour Advisory Council (TLAC), National Steering Committee (NSC) and the National Technical Working Group (NTWG). xvi Train 170 Labour Officers, 120 Social Welfare Officers, 120 Community Development Assistants, 220 Police Officers and 20 Immigration Officers. Train 300 workers and employers representatives up to grassroots level. • Provide training at local and international level. • Develop and disseminate training manual on child labour. • Train teachers in 36 pilot districts, one in each education division. • Strengthen the National Steering Committee and the National Technical Working Group.

4.3 Awareness creation • Create awareness on the evils of child labour at all levels especially targeting the communities. • Create awareness among local and international NGOs on the evils of child labour. • Establish a media committee as part of the National Technical Working Group (NTWG). • Advocate for the effective implementation of the NAP II and the National Child Labour Policy (NCP). • Support the establishment of child rights clubs in schools. • Scale up use of SCREAM methodology in schools • Lobby for the adoption of the National Child Labour Policy (NCLP). • Advocate for the outlawing of the tenancy system in the growing of tobacco.

4.4 Prevention, withdrawal, rehabilitation and re-integration • Improve access to education • Develop and implement Income Generating Activities (IGAs) for poor families including child headed households. • Conduct labour inspections including child labour. • Withdraw child labourers from all workplaces and prosecute perpetrators of child labour. • Strengthen the capacity of all partners including NGOs and local government to prevent children at risk from entering into child labour and rehabilitate those who have been withdrawn. xvii • Advocate for the Social Cash Transfer Programme (SCTP) to target children engaged in child labour or at risk of joining child labour. Strengthen community level structures such as community child labour committees to identify and withdraw child labourers and provide them with alternatives. Establish and strengthen community level structures such as community child labour committees. • Strengthen the role of community level volunteers in the fight against child labour

4.5 Chronic Illnesses and HIV and AIDS in the context of Child Labour . • Establish and strengthen the referral systems on HIV and AIDS for children identified and at risk of joining child labour. • Link families affected by HIV to social protection mechanisms including Social Cash Transfer Programmes (SCTP) • Train households affected by HIV on nutrition and healthy living.

4.6 Child labour information database and availability of information • Develop a comprehensive Monitoring and Evaluation (M&E) system for child labour. • Build the capacity of District Labour Officers (DLOs) in data collection, management, analysis and report writing. • Conduct frequent and timely National Child Labour Surveys (NCLSs). • Produce annual child labour bulletins. • Conduct data verification and validation exercises. • Identify areas for assessing the impact of child labour interventions. • Undertake impact assessment studies. • Conduct consultative meetings with National Statistical Office (NSO) and other relevant stakeholders on the incorporation of child labour module in national surveys. • Develop child labour modules for incorporation into national surveys conducted by the National Statistical Office (NSO). • Develop a child labour database. xviii • Procure necessary equipment and software required for the creation of a child labour database. • Recruit a Child Labour Data Management Officer. Orient Ministry of Labour, Skills and Innovation (MoLSI) staff including the Child Labour Data Management Officer on the management of child labour database. Input child labour data periodically and prepare reports. • Develop guidelines for reporting and sharing data with the Child Labour Unit (CLU) and among stakeholders. • Train child labour stakeholders in documentation of best practice. • Conduct annual child labour research, compile the best practices and organise dissemination conferences. • Publish child labour research dissemination conference proceedings. 5. Implementation The NSC will provide policy direction and mobilise financial and human resources for the implementation of the NAP II, with the CLU in the Ministry of Labour Skills and Innovation as its Secretariat. The Ministry of Labour Skills and Innovation (MoLSI) will provide leadership in the coordination, implementation, monitoring and evaluation of NAP II in collaboration with all relevant stakeholders including other GoM ministries and Departments, workers’ and employers’ organisations, the tobacco industry, development partners, NGOs, academic institutions, media, district councils and communities. The District, Community, Area and Village Child Labour Committees will be responsible for the coordination, implementation and monitoring of child labour activities at District, Community, Area and Village levels, respectively. 6. Monitoring and evaluation The Ministry of Labour, Skills and Innovation (MoLSI) will be responsible for the monitoring and evaluation of NAP II. The Community Child Labour Committees (CCLCs) will collect xix data at community level and send to the District Labour Offices (DLOs) who will be responsible for compiling District level data including data from partners and send it to the MoLSI Headquarters. MoLSI will then compile an annual report detailing the progress made in the fight against child labour. The NCLSs will be conducted in 2020 and 2024. In 2022 a midterm evaluation of the NAP II will be conducted. A final comprehensive evaluation of the NAP II will be conducted in 2025 and the results will inform the development a new strategy, depending on the situation. Specific studies will also be commissioned by the MoLSI at least xx one in each year mainly to inform policy and programming. Partners will be at liberty to conduct subject specific studies of their own. 7. The financing of the NAP II The total cost of implementing the NAP II over the 5 year period 2020-2025 is estimated at MK32,572,500 (US$44.7 million). The NAP II will be financed by the GoM, development and cooperating partners and stakeholders, including civil society organisations. xxi 1. Introduction

1.1 Background Child labour, especially in its worst forms, constitutes a major violation and abuse of human rights and dignity of children. At a global level, there has been a decrease in the number of children in child labour: in 2016, there were 152 million child labourers aged 5-17 and this represented a decrease from 246 million in 2000. Fifty eight percent of the children in child labour are males while the rest (42%) are females. Figure 1 shows the global trends in child labour between 2000 and 2016. Figure 1: Trends in child labour 2000-2016 (International Labour Organisation, 2017) 300 246 250 222 215 200 168 152 150 100 50 0 2000 2004 2008 2012 2016 Trend in years It is estimated that 19.6% of the children in child labour are in Africa. Most children engaged in child labour are in the agricultural sector and this sector accounts for 71% (108 million children) of the global share of child labour. Two thirds of all children in child labour contribute to family labour (ILO, 2017). Understanding and addressing the dependence of families on child labour will, therefore, significantly contribute to ending child labour by 2025. The International Labour Organisation (ILO) developed the Global Action Plan (GAP) against Child Labour in 2006. The GAP urged ILO member states to commit themselves to the elimination of all worst forms of child labour by 2016. However, despite the progress that has been made at national, regional and international level, ILO acknowledges that the global goal of eradicating the worst forms of child labour by 2016 was not reached (ILO, 2017). At national level, the Government of Malawi (GoM) and various stakeholders have been concerned about the high prevalence of child labour. A 2002 National Child Labour Survey 1 (NCLS) found that 37% of the children aged 5-17 were involved in child labour (NSO, 2004). The 2004 Malawi Demographic and Health Survey (MDHS) also found the same prevalence rate. The 2006 Malawi Multiple Indicator Cluster Survey (MICS), however, found that 29% of children in the 5-14 age group were engaged in child labour. This decline in the prevalence of child labour was mainly because the MICS only looked at the age group of 5-14 years. The 2015 NCLS found that 38% of the children aged 5-17 were involved in child labour (NSO, 2017). This demonstrates that despite the implementation of various interventions aimed at reducing child labour, there has not been any significant change in the prevalence of child labour at national level. .

1.2 Rationale for the development of the NAP II (2020-2025) The first National Action Plan (NAP) on child labour covered the period 2010-2016. The Ministry of Labour, Skills and Innovation (MoLSI) is the line GoM Ministry responsible for addressing child labour. A Child Labour Unit (CLU) in the MoLSI provides leadership and coordination of child labour issues at all levels. There are also Non-Governmental Organizations (NGOs), employers and workers’ organizations that are involved in the implementation of programmes on the elimination of child labour. Development and cooperating partners, mainly the ILO, the Elimination of Child Labour in Tobacco Foundation (ECLT) and Winrock International are providing technical and financial support for the design and implementation of programmes to combat child labour. The NAP for the period 2010-2016 expired in 2016. The development of the NAP II covering the period 2020-2025 provides an operational framework for addressing child labour in Malawi beyond 2016. It further operationalizes the National Child Labour Policy (NCLP). Indeed, NAP II provides an opportunity to support the scaling up of child labour elimination in line with Malawi’s status as a Pathfinder Country.

1.3 The NAP II development process The development of the NAP II used a participatory and extensive consultation process with various stakeholders at nationl and council levels. A comprehensive review of literature was conducted in order to better understand the prevalence of child labour, the factors contributing to child labour in Malawi, the legal and policy context, the interventions being implemented 2 to address child labour and the challenges being experienced by the GoM and various stakeholders in addressing this problem. The literature reviewed was obtained from the MoLSI, other stakeholders and through internet searches. This was followed by interviews with key informants working on child labour in Malawi and this covered officials from GoM ministries and Departments, workers’ and employers’ organisations, the tobacco industry, traditional leaders, NGOs and international organisations such as ILO and Winrock International. A stakeholders meeting followed. A detailed presentation was made covering a situation analysis of child labour in Malawi, the thematic (priority) areas as detailed in Malawi’s draft National Child Labour Policy, the proposed activities under each thematic area, the roles of different stakeholders in the implementation of the NAP II and how the NAP II will be funded, implemented, monitored and evaluated.

2.0 Situational analysis

2.1 Malawi’s social-economic context Malawi’s population is estimated at 17,563,749 and 51% are females while the rest (49%) are males. Fifteen percent of the population reside in urban areas while 85% are in rural areas (NSO, 2018). The country has an area of 118,500 km² and is one of the most densely populated countries in sub-Saharan Africa with an average of 186 people per km2. . Poverty in Malawi is widespread with about 51.5% of the population classified as poor. There are more poor people in rural areas at 59.5% than in urban areas at 17.7%. The prevalence of poverty is highest in the southern region at 65.2% followed by the north at 59.9% and then the central region at 53.6% (NSO and World Bank, 2018). There are more literate men at 83% than literate women at 72%. (NSO, 2017). Malawi’s economy is predominantly driven by the agricultural sector that accounts for about a third of the country’s GDP (GoM, 2017) and nearly 80% of employment (ECLT, 2017). This sector also constitutes 80% of the country’s exports mainly comprising of tobacco, tea and sugar. Tobacco alone accounts for up to 60% of the total exports from Malawi (FAO, 2015). Tobacco is grown widely by both large- and small-scale farmers. Some small-scale farmers are contracted by large tobacco buying firms to produce tobacco for them. The small-scale farmers, especially those not on contracts with any tobacco-buying firms, rely heavily on 3 cheap forms of child labor (ECLT, 2017). Children are also engaged in the growing of other crops. Poverty is a major factor that drives children to engage in child labour.

2.2 An overview of child labour in Malawi Child labour is one of the major development problems in Malawi. This practice is more prevalent in the agricultural sector. While this is the case, child labour is also quite common in domestic sector, the informal sector and commercial sex work. The trafficking of children for purposes of child labour has been reported in Malawi and needs more attention.

2.2.1 Working children in Malawi The 2015 National Child Labour Survey (NCLS) looked at children who worked at least for an hour in the 7 days preceding the survey as well as children who were engaged in child labour. The survey found that 48% of the children aged 5-17 years reported being involved in work for at least 1 hour in the 7 days preceding the survey. More children in rural areas (50%) than in urban areas (38%) reported being engaged in work. There were more boys, at 49.6%, than girls, at 46.6%, who reported to have worked at least for an hour in the 7 days prior to the survey. In urban areas, there were more females, at 39%, than males, at 37.6%, who reported to have worked at least for 1 hour in the 7 days prior to the survey. The proportion of males (41.6%) who worked in the 7 days prior to the survey was the same as that of females, at 42.9%, (NSO, 2017). Figure 2 shows the proportion of children aged 5-17 who worked at least for 1 hour in the 7 days’ period prior to the survey. 4 Figure 2: Percentage of children aged 5-17 who worked at least for 1 hour 7 days prior to the survey by age group 80 72.3 68.5 64.9 70 59 60 55.2 51.3 49.646.648.1 50 40 30.328.831.7 30 20 10 0 5-9 10-13 14-17 Total Age of working children Male Female Total Figure 2 demonstrates that the proportion of children who reported working for at least 1 hour in the 7 days prior to the survey increased with age. The 2015 NCLS also reports that children start working at a very young age: for example, 57.9% of the children who reported working in the 7 days prior to the survey started working at the age of 9 years, with more girls, at 60.1%, reporting compared to boys at 55.9% (NSO, 2017). Most children who reported having worked at least for 1 hour prior to the survey worked in the agriculture, forestry and fishing industry or as domestic workers as can be seen in Figure 3 below. Figure 3: The distribution of working children aged 5-17 by industry of employment 80 75.372 70 60 45.9 50 38.7 40 30 21.23.2 20 11.1 10 4.1 1 1.4 2.33.3 0 0 0 0 Agriculture, Construction Whole and Domestic Other forestry and retail workers industry fishing Sectors where chidren work Urban Rural Total 5 Figure 3 also shows that there were more children working as domestic workers at 38.7% in urban areas compared to rural areas at 21.2%. In general, the involvement of children in other sectors such as the construction and wholesale and retail sectors is minimal and most of the working children work as unpaid family workers. (see Figure 4). Figure 4: Employment status of working children by sex 100 80 84.183.7 80 60 40 9.4 4.1 4.6 10.611.811.7 20 0 0 0.1 0 Employee Self employed Unpaid family Other worker Status of employment Boys Girls Total

2.2.2 Child labour Thirty eight percent (38%) of the children aged 5-17 are engaged in child labour. The proportion of male children, at 39%, who were engaged in child labour is slightly more than the female children, at 37%. There were more children aged 10-13, at 55.2%, who reported being engaged in child labour followed by those aged 5-10, at 30%, and then 28.6% among those aged 14-17. The 2015 NCLS found that there were more children in rural areas, at 39.3%, than urban areas, at 30.3%, who reported engaging in child labour. The southern region had the highest proportion of children in child labour, at 43.5%, compared to the central and northern regions at 33.3% and 33.8%, respectively. Figure 5 shows the prevalence of child labour by household socio-economic status. 6 Figure 5: Prevalence of child labour/hazardous work by socio-economic status 80 59.7 58.4 54.9 58.9 60 51.2 44.2 41.9 39.7 34.5 30.2 40 20 0 Lowest Second Middle Fourth Highest The quintiles in progression Child labour Hazardous work Figure 5 shows that the prevalence of child labour decreases the wealthier the household. Of the children who were engaged in child labour, the proportion involved in hazardous work decreases from the lowest wealth quintile, 59.7 %, with 44.2 % of child labour up to the middle wealth quintile of 54.9 % with 39.7 % of child labour, increases slightly for the fourth quintile before going down again at the highest quintile of 51.2 % with 30.2 % of child labour. Overall, exposure to hazardous work also decreases the higher the wealth quintile (NSO, 2017). Hazardous work is more prevalent in urban areas than rural areas as can be seen in Figure 6. Figure 6: Types of hazardous work 20 15.2 15 9.3 10 8 5 4.7 4.5 4.7 5 2.4 3.1 1.6 1.9 1.9 0 Hazardous Hazardous Long hours of Night work ndustry occupation work Hazardous work by industry and type Urban Rural Total The children in hazardous industry are more in urban areas at 9.3% as compared to rural at 2.4% and those in hazardous occupations are 15.2% in urban areas as compared to 5% in rural areas and in night work they are close to each other in urban and rural areas. In the case of night work, there are slightly more in rural areas, at 1.9%, compared to 1.6% in urban areas. 7 This could be that there are some restrictions for involvement of children in night work in urban as compared to rural areas. Generally, most children in hazardous work are in agriculture, forestry and fishing (66.2%) followed by domestic work at 27.5% and then 6.3% are in other industries (National Statistical Office, 2017). Domestic workers wake up as early as 3 am to start their work (Kateta, 2013). As much as some child labourers would want to go to school, they have to work in order to support themselves and their siblings: their work involves setting the charcoal burner, boiling water for the household, cleaning the house, cooking, drawing water and child minding (Kateta, 2013). There is a need, therefore, to significantly invest in the fight against child labour in the agricultural sector as well as unpaid family child labour if Malawi is going to end child labour by 2025. The 2015 NCLS also looked at the reasons children aged 5-17 who were in child labour never attended school. The reasons for never attending school are summarized in Figure 7 below. Figure 7: Reasons children aged 5-17 who were in child labour never attended school 45 42.3 41.3 40 35.6 35 29.9 29.6 28.8 30 25 22.8 19.2 20 15 15 10 5.9 4.8 4.2 4 5.14.5 5 2.2 2.2 0 0.1 0 0 0 Too young No school Family did not Going to To work for Work as Other nearby/school allow schooling school not safe pay unpaid family too far member Reasons for working Boys Girls Total The children engaged in child labour gave three major reasons for not attending school: being young to attend school, no school nearby/school too far and that the family did not allow schooling (National Statistical Office, 2017). While children reported that they did not attend school because they were too young, the surprising thing was that they engaged in child labour. 8 Figure 7 also shows that the absence of schools or long distances to schools constituted important reasons for children engaged in child labour not to attend school.

2.2.3 Street children aged 5-17 years The problem of street children is prevalent in Malawi’s mostly in urban areas. It is estimated that there are 2,389 and 1,776 children in street situations in Lilongwe and Blantyre Cities, respectively (Retrak, 2015). The number of children on the streets in Malawi is much higher than presented as the study was only conducted in the two cities. More than 80% of the children in street situations operate from homes within the same district. This implies that these children sleep at home with their parents or other relatives. Very few children actually sleep on the streets (Ncube, 2016 & Retrak, 2015). The following factors force children onto the streets in Malawi: (i) poverty; (ii) the desire to support their parents, siblings and others relatives; (iii) family disintegration; (iv) the experience of violence, neglect and abuse within their households (Retrak, 2015 & Lemba, 2002); and (v) orphanhood. These street children sell plastic bags, carry luggage for people, beg and steal in order to raise money for themselves and their families (Ncube, 2016). The CRC promotes that such children should be removed from the streets and reintegrated with their parents and relatives and the wider community. Some NGOs in Malawi work with children in street situations in order to protect them from violence, abuse and neglect: some of these NGOs provide accommodation for these children, counselling and education services and, ultimately, reunify these children with their parents and relatives (Chisomo Chidren's Home, 2014). These interventions, however, are being implemented at a small scale and hence the need to scale up including the strengthening of parenting skills among parents and guardians so that children are not found on the streets.

2.2.4 Children in commercial sexual exploitation Commercial sexual exploitation of children constitutes one of the worst forms of child labour and this manifests itself through prostitution, marriage and sexual exploitation of children. Some girls are actually recruited to work in the Middle East where they are promised good jobs but they end up being forced into prostitution (ECPAT, 2016). Within Malawi, most girls involved in prostitution do so within the same district or towns of origin. This has been found to be the case in districts like Zomba, Machinga, Balaka, Mangochi, Ntcheu, Lilongwe, 9 Thyolo, Mulanje, Mzuzu, NkhataBay, Salima, Nkhotakota. Most girls who are involved in prostitution dropout of school. These girls are involved in commercial sex activities mainly due to lack of food security and poverty (NSO, 2004).

2.2.5 Child labour and internal migration The trafficking of children for work purposes in Malawi is a common phenomenon: a significant number of girls aged less than 18 years are trafficked from rural areas to urban areas by people who promise them good jobs with decent packages. These girls, however, end up being forced into commercial sex and other worst forms of child labour. Most boys, on the other hand, are trafficked from southern Malawi to work in the tobacco farms in the northern and central regions of the country (ILO, 2015). While the trafficking of children for labour purposes happens, sections 140-147 and 257-269 of the Penal Code and section 79 of the Child Care, Protection and Justice Act (CCPJA) prohibit child trafficking and make it an offence.

2.3 Causes of Child Labour

2.3.1 Poverty Children are engaged in child labour because of poverty: they lack food, clothes and other basic needs (Eldring, Nakanyane, & Tshoaedi, 2000; Plan, 2008; Winrock International, 2008 & Gondwe, 2012). Parents who cannot support their families will send their children to do piece works (CYECE, 2015). About half of Malawi’s population live below the poverty line (NSO and World Bank, 2018). There are some interventions being implemented in Malawi aimed at reducing poverty and these include: the Social Cash Transfer Programme (SCTP), income generating programmes and the public works programs (Munthali, Tsoka & Ndawala, 2017). Addressing poverty would significantly reduce the practice of child labour in Malawi.

2.3.2 Difficulties in accessing education One of the major causes of child labour is the limited access to education by children. ILO conventions 138 and 182 identify education as an important intervention in addressing child labour. Convention 138 requires that the minimum age of entry into employment should not be less than the age of completion of compulsory schooling. The Education Act of 2013 makes 10 education compulsory for everyone aged less than 14 years. The Employment Act prohibits the employment of children aged less than 14 years. Convention 182 furtherrequires member states to ensure access to free basic education, and, wherever possible and appropriate, vocational training, for all children removed from the worst forms of child labour. Since 1994, primary school education has been free in Malawi and this led to a significant increase in enrolment rates. However, Malawi’s education system experiences many constraints such as poor school conditions (e.g. lack of school blocks and teachers’ houses), the lack of school uniforms and the shortage of qualified teachers that generally force many children to drop out of school (Winrock International, 2008 & USDOL, 2013). Many large farms located in rural areas do not have schools nearby. Children, therefore, have to walk long distances; hence, they end up withdrawing from school (Gondwe, 2012) and engaging in child labour or getting married. While primary education is free, there are many hidden costs and schools require pupils to contribute towards school funds. There have been a number of projects funded by development partners that have withdrawn children from child labour. However, Malawi’s education system has at times failed to absorb withdrawn and prevented children in primary schools due to poor and inadequate infrastructure, learning and teaching materials and trained teachers. Some households cannot afford to send their children to school, or they do not even appreciate the economic value of education: their perception is that children can be more useful by working and not by going to school (Gondwe, 2012). Children have also withdrawn from school because they do not have school materials such as notebooks and pens; hence, they end up helping their guardians in the field (Boseley, 2018). Lastly, the number of places in secondary schools is limited: only 16% of the children in primary school transition to secondary school and, of these, only 8% move to tertiary education (GoM, 2017). Such a context also contributes to the dropping of children out of school and ultimately being employed.

2.3.3 The effects of HIV and AIDS Human Immunodeficiency Virus (HIV) prevalence among persons aged 15-49 is estimated at 8.8%: the prevalence is higher among women at 10.8% than men at 6.4% (NSO, 2017). HIV 11 mostly affects economically active young men and women aged 15-49 and the death of these people leaves behind orphans and the elderly who cannot effectively support themselves. It is estimated that 12% of the children aged less than 18 years are orphans: 3.3% are double orphans while 13.3% are single orphans (NSO, 2017). Persons who are chronically ill including those with HIV may lose earnings; hence, children are forced to take up work in order to compensate for cuts in household earnings. Some of the children whose family members are chronically ill may become heads of households sometimes even becoming primary caretakers of sick parents and have to work to support their families (USDOL, 2013). These children may also seek work or engage in commercial sex in order to meet their basic needs. In 2016, Malawi began implementing universal access to ART and the programme has contributed to a significant reduction in the death of persons with HIV.

2.3.4 Bias against girls’ education Access to education is one of the key interventions to reduce child labour. However, some societies in Malawi prefer and support more boys to be in school than girls. This, for example, is usually the case in situations where resources are not available to cater for both boys and girls: girls are not favoured because some parents consider girls’ education as low-return investment as the girls once married are under the leadership of their husbands (Tsoka & Munthali, 2017). UKAid reports that where the prevalence of poverty is quite high, many families choose boys over girls because they believe that there is no value in educating girls. These girls end up being sent to work including performing a wide range of household work (UKaid, 2015). As far as education is concerned, boys are equally preferred in other African countries compared to girls (Plan International, 2012). Other studies have also generally shown that girls are given more work than boys even in situations when both of them are supposed to go to school: a girl makes fire to boil water for the household, draws water, sweeps the house and surroundings and cleans dishes while the boy wakes up, bathes and goes to school (Tsoka & Munthali, 2017 & Robertson, Cassity & Kunkwenzu, 2017). The Ministry of Education, Science and Technology (MoEST) reports that 26.9% of the girls drop out of school due to family responsibilities (MoEST, 2016). 12

2.3.5 Children are in some cases preferred A number of studies have also found that in some cases children are preferred by some employers because they: (i) provide cheap labour; (ii) are more suitable for certain types of jobs than adults; and (iii) are easy to control and lack negotiating powers. Some employers also feel obliged to fulfil their social responsibility by providing income-earning opportunities to poor families including children (ILO, 2002).

2.4 Worst forms of child labour Malawi uses the tenancy labour system in the growing of tobacco. In terms of this system, a tenant grows tobacco on a piece of land belonging to a landlord. The tenant is given farm inputs including, seed and fertilizer by the landlord and sells the tobacco to the landlord, usually at very low price. They usually do not realize profits to repay the inputs and any food that were advance to them mostly at inflated rates. The tenancy labour system is said to be a form of bonded labour as a tenant and his family can be forced to continue working for the landlord for many years if they incur losses at the end of the growing season. These tenants mostly work with their children and such work adversely affects schooling (Boseley, 2018). The tenancy system contributes to an increase in the incidence of child labour (GoM, ECAM and MCTU, 2012). Within the tobacco sector, children are exposed to pesticides and other toxic substances, (ITUC, 2010 & USDOL, 2013). The children working in the tobacco industry are also involved in weeding, ridging and sewing the harvested tobacco leaves (Boseley, 2018). This involvement of children in the production of tobacco constitutes one of the worst forms of child labour. Other worst forms of child labour include child trafficking for labour exploitation, commercial sexual exploitation and use of children in illicit drug trafficking. 3. Current national response The GoM is committed towards the elimination of child labour. This is demonstrated through the ratification of ILO conventions and other international instruments, the development and implementation of legislation and policies that have domesticated most of the international conventions and the implementation of various programmes aimed at combating child labour. 13

3.1 Legislation and policy frameworks

3.1.1 National laws and policies Most provisions in the international instruments to which Malawi is party have been domesticated in Malawi’s laws such as the Constitution, the Employment Act and the Child Care Protection and Justice Act (CCPJA). Section 23 of Malawi’s Constitution protects all persons under the age of 18 years from economic exploitation or any treatment, work or punishment that is likely to be hazardous, interfere with education or is harmful to their physical, mental, spiritual or social development. Section 47 of the Constitution also prohibits forced labour. Section 21 of the Employment Act prohibits the employment of children aged less than 14 years from working in any public or private agricultural, industrial or nonindustrial undertaking. Section 4 of the Employment Act also prohibits forced labour. The Employment Act allows children aged 14-17 to work but prohibits these children from working in hazardous conditions. These hazardous conditions have been specified in the Employment Act (Prohibition of Hazardous Work for Children) Order, No 12. The Employment Act (section 23) also requires that all employers keep a register of their employees below the age of 18 The CCPJA was passed by Parliament in 2010. This Act requires parents and guardians to be responsible for the welfare of the child and ensure that the child is protected against violence, abuse and exploitation. It also provides for the registration of the birth of a child. The Act further empowers local authorities to inspect structures, places and activities that present potential or actual harm to children. Section 75 of this Act also gives powers to the MoLSI to inspect homes and that any community member, with evidence that a child’s rights are being infringed upon, can report the matter to local authorities for redress. Section 79 criminalises child trafficking and the penalty is life imprisonment. The Act prohibits the subjection of a child to harmful cultural practices; forced marriage or betrothal and pledging of a child as security. The Education passed in 2013 has made education compulsory for children below the age of 14 (USDOL, 2013). However, implementation of the compulsory schooling provision has proved to be a challenge due to a number of factors within the education system as well as the 14 wider community as discussed earlier and girls are particularly more likely to drop out than boys. The National Decentralisation Policy and the Local Government Act are also critical in protecting the children from child labour as some education functions have been devolved to local councils. The Decentralisation Policy guides the district councils in the elimination of child labour through provision of education services such nurseries and kindergarten, primary and distance education centres. The National Local Government Act addresses issues of child labour through the incorporation of child labour issues in the District Development Plans (DDP) through the District Implementation Plans (DIPs) as a matter of mainstreaming them. The National Children’s Policy is also one such milestone developed to realise and safeguard the rights and welfare of children in a coordinated manner. The Policy was approved in 2019. Lastly, is the National Registration Act which was passed into law in 2015. The passing of this Act is a major step forward in terms of verification of the age of children when monitoring child labour practices. In addition to the above, there are also some specific policy documents that have a bearing on the elimination of child labour and these include: the National Policy on Orphans and Other Vulnerable Children (MoGCDSW, 2003) and the National Code of Conduct on Child Labour (Ministry of Labour, 2004). The National Code of Conduct on Child Labour requires that the State and employers should discourage the use of harmful and exploitative child labour and that they should take into account views and opinions of children in all actions concerning harmful and exploitative child labour.

3.1.2 Child labour and the MGDS III The Malawi Growth and Development Strategy III 2017-2022 (MGDS III) is the overarching operational medium-term development strategy for Malawi. The objective of the MGDS III is to move Malawi to a productive, competitive and resilient nation through sustainable agriculture and economic growth, energy, industrial and infrastructure development while addressing water, climate change, environmental management and population challenges (GoM, 2017). The MGDS III focuses on 5 priority areas namely (i) Agriculture, water development and climate change management; (ii) Education and skills development; (iii) Energy, industry and tourism development; (iv) Transport and ICT infrastructure; and (v) Health and population. These 5 priority areas are supported by cross cutting areas namely 15 financial growth; disaster risk management; gender, youth development and persons with disabilities and social welfare; human settlement and physical planning; environmental sustainability; HIV management; Nutrition; Peace and security; and Integrated rural development (GoM, 2017). As far as education is concerned, the MGDS III aims at improving quality of education at all levels, construction and rehabilitation of schools, strengthening of complimentary basic education (CBE) and strengthening vocational skills development for out of school youth. The MGDS III also focuses on gainful and decent employment for all and aims at eliminating all worst forms of child labour and enhancing compliance with labour standards (GoM, 2017). All these interventions and strategies have proved quite successful in addressing child labour.

3.1.3 International Instruments The Government of Malawi (GoM) has ratified various international instruments relating to child labour: ILO Convention 138 on Minimum Age FOR Admission to Employment and ILO Convention 182 on the Worst Forms of Child Labour. Malawi has also ratified the United Nations Convention on the Rights of the Child (UNCRC) and is a party to the SADC Code of Conduct on Child Labour adopted in 1999. Malawi is also a signatory to the Sustainable Development Goals (SDGs). Target 8.7 of the SDGs calls for renewed global commitment to end all forms of child labour, including its worst forms, by 2025. There are many children in Malawi working as domestic workers but the country is yet to ratify the Domestic Workers Convention, number 189.

3.2 Programmes addressing child labour The GoM, Workers’ and Employers’ Organizations, NGOs and CBOs, with support from development cooperating partners are implementing various interventions aimed at combating child labour.

3.2.1 Direct action programmes The programmes include those dealing with the prevention, withdrawal and rehabilitation of children engaged in child labour by providing alternatives and reintegrating them into the 16 wider society (ITUC, 2010). Some also involve the removal of hazards from the work environment. In Malawi ECLT has worked with the GoM, MCTU and ECAM, the private sector, CSOs and the ILO to prevent children from falling into child labour, remove children already involved in child labour, enroll withdrawn children into school and support families for sustainable impact (ECLT, 2017). Since ECLT started supporting child labour programmes, 182,000 children have been withdrawn from tobacco farms in Malawi, Mozambique, Tanzania and Uganda (Boseley, 2018). Under the CLEAR project that was supported by ECLT in Malawi, 3,133 children were withdrawn from child labour and enrolled in school, 658 teenagers benefited from vocational training and 31,600 farmers gained access to safety and health training (ECLT, 2017). The success of the CLEAR project in reducing child labour was also due to the establishment of the Child Labour Committees such as District Child Labour Committees (DCLCs) and Community Child Labour Committees (CCLCs) that actively participated in monitoring child labour practices (Zhang et. al., 2016). Japan Tobacco International (JTI) and the International Labour Organisation (ILO) have also supported the implementation of the Achieving Reduction of Child Labour in Support of Education (ARISE) programme in several countries including Malawi, Burundi, Zambia and Tanzania since 2011. Over this period, 39,000 children have been withdrawn from child labour (Boseley, 2018). The programme also enrolled withdrawn children in Complimentary Basic Education (CBE) and trained out of school children in vocational skills such as carpentry, tailoring and basket making (CYECE, 2015). The establishment of service outreach centres (SOC) by some Civil Society Organisations (CSOs) in some communities where children withdrawn from child labour were trained in vocational skills and CBE proved quite an effective intervention. Some parents have also been trained in Income Generating Activities (IGAs) and received capital to start small-scale businesses in order to address household poverty and related problems. The use of CCLCs also proved quite successful in identifying child labourers and withdrawing them and enrolling them in CBE (CYECE, 2015). The ARISE programme also addressed poverty in households of children who were withdrawn from child labour. In Malawi the ARISE programme also distributed 598 scholarship kits that provided basic needs of the child to go to school (ILO, Not Dated). 17 The direct action programmes also aim at addressing the prevailing social and economic deprivations and needs of the families. In order to address this, some programmes such as the CLEAR project implemented in Rumphi, Mchinji and Ntchisi districts helped 15,000 households to save money and access loans through Village Savings and Loans Association (VSLA) (ECLT, 2017). These VSLAs have benefited the members as they have used the money to pay school fees, buy school uniforms and other materials; run small-scale businesses; build houses and purchase domesticated animals, food and fertilizers (Zhang et. al., 2016). Lastly, one intervention being implemented by some tobacco companies is that they construct some school blocks and teachers’ houses in the communities as part of their corporate social responsibility (Zhang et. al., 2016). With support from cooperating partners, some tobacco companies have also disseminated occupational safety and health information to farmers, constructed bridges in areas where there are large tobacco estates and encouraged afforestation programmes (TAMA, 2018). The construction of bridges has improved access to schools especially during the rainy season while afforestation programmes ensure that girls do not travel long distances to fetch firewood. While these projects have been successful in withdrawing children from child labour and reintegrating them into communities including schools, the major challenge is that the projects are few and also have limited geographical coverage; hence, their impact has been limited.

3.2.2 Advocacy and prevention programmes Children have been prevented from engaging in child labour or they have been withdrawn from child labour situations through advocacy and awareness creation programmes conducted at national, district and community levels. These programmes have been aimed at sensitizing people on the evils of child labour (e.g. see ITUC, 2010). The advocacy and awareness programmes have been implemented by GoM, workers’ and employers’ organisations and NGOs. These preventive programmes have also been focusing on removing the hazard e.g. through the reduction of working hours. 18 The tobacco and tea industry in Malawi has also taken up the issues around child labour seriously. For example, tobacco leaf buying firms in Malawi have entered into contract with tobacco farmers. The prerequisite for these contracts is that all contract farmers are trained not to use children in the growing of tobacco in line with international child labour standards. These tobacco firms have field workers/leaf technicians spread across the country whose responsibility is to, among other things, create awareness about the evils of child labour and monitor the use of child labour in the production of tobacco (Boseley, 2018). In addition to monitoring the use of child labour, these leaf technicians help farmers to improve agricultural production, crop quality and working conditions (Mwangonde, 2012). The Child Labour Elimination Action for Real Change (CLEAR) Project also helped tobacco companies spread the message about prohibiting children from working in tobacco fields. The involvement of tobacco companies in child labour elimination programmes is due to pressure from international tobacco buyers who demand child labour free tobacco (Zhang et. al., 2016). The tea industry has developed a code of conduct on child labour for tea estates to follow. This code of conduct prohibits children below the age of 18 to handle green tea and also those under the age of 21 to work in the tea factories. While some significant progress is being made in preventing the use of child labour among farmers who have been contracted by tobacco firms, there is still a problem with non-contracted smallholder tobacco farmers who use children at family level where labour inspections are rarely conducted.

3.2.3 Inspection of workplaces The Ministry of Labour Skills and Innovation (MoLSI) conducts periodic inspections of workplaces in order to ensure that children below the age of 14 are not employed and those aged between 14 – 17, if employed do not work hazardous situations. At district level, the DLOs are responsible for monitoring child labour activities and enforcing the law. The MoLSI works closely with the Ministry of Gender, Children, Disability and Social Welfare (MoGCDSW) which through its Welfare Department, is the line Ministry responsible for the repatriation and rehabilitation of children withdrawn from child labour. MoLSI also works with the Police whose responsibility is to prosecute perpetrators of child labour while the Judiciary is responsible for meting out penalties to perpetrators of child labour. 19

3.2.4 Capacity building for GoM and representatives of workers and employers There are a number of programmes that have been implemented in order to build the capacity of social partners, other stakeholders and communities to prevent children from engaging in child labour and withdraw those in child labour through provision of viable alternatives (ITUC, 2010). A key informant reported that there are some higher education institutions that have started offering courses on child labour. For example, Lilongwe University of Agriculture and Natural Resources (LUANAR) has a module on child labour for their programme targeting agricultural extension workers. This should also be incorporated in other higher education programmes and courses.

3.2.5 Other related public programmes The GoM has established a number of social support programmes that are contributing directly or indirectly towards the elimination of child labour. These social support programmes include the public works programmes (PWP), the farm input subsidy programme (FISP), the school meals programme (SMP) and the Social Cash Transfer Programme (SCTP).

3.2.5.1 Public Works Program The objective of the Public Works Programme (PWP) is to create employment opportunities for poor people who are able to provide labour in exchange for work and such a programme can be supported by government or NGOs (ILO, 2015). These PWPs include activities such as the construction, rehabilitation and maintenance of roads and small irrigation systems and improvement of natural resource management through afforestation. The payment in these PWPs is in form of cash or food (Devereux, 1999). The provision of this infrastructure can also reduce child labour activities such as fetching water and firewood far from their homes. The ILO identified 4 PWP programmes being implemented in Malawi: • Irrigation, Rural Livelihoods and Development Projects (IRLADP): This programme is funded by the World Bank. It focuses on irrigation systems and people who work on this programme receive farm inputs such as fertilizer and seeds. • The Local Development Fund and the Malawi Social Action Fund (LDF & MASAF): This is also supported by the World Bank and funds the creation of community assets. 20 • Rural infrastructure Development Programme (RIDP): The programme is funded by the European Union (EU). It supports the construction of roads and bridges and irrigation systems. It also emphasizes on afforestation programmes. • World Food Programme (WFP) supported PWPs: World Food Programme runs the food for assets program. Beneficiaries receive food and inputs in exchange for work. It is estimated that about 1.3 million Malawians worked in these PWPs in 2014/2015 (ILO, 2015). The PWP enhance, among other things, food security by increasing access to farm inputs during the time people are planting their crops. The implementation of the PWPs during the period of planting crops generally facilitates poor and credit-constrained households to finance the purchase of farm inputs such as fertilizer so long as they participate in Farm Input Subsidy Programme (FISP) (Beegle et. al., 2012). These PWPs have been quite helpful in terms of assisting poor households to purchase food, subsidised farm inputs and other consumption and investment needs; thereby being potential to contribute towards combating child labour. In 2017, it was estimated that there were 451,000 beneficiaries through the Local Development Fund (GIZ, 2017).

3.2.5.2 Social Cash Transfer Programme (SCTP) The GoM has been implementing the SCTP since 2006 with support from United Nations Children’s Fund (UNICEF), Kentucky Funds for Women (KfW), World Bank, Irish Government and the European Union (EU). The Ministry of Gender, Children, Disability and Social Welfare (MoGCDSW) manages the programme. This programme targets ultra-poor and labour constrained households and aims at reducing poverty, hunger and starvation; increase school enrolment and attendance of children in targeted households. Figure 8 shows the funds that are transferred to targeted households. 21 Figure 8: Transfer levels to beneficiary households 6000 5,600 5000 4,400 4000 3300 3000 2600 2000 1,500 800 1000 0 1 Household 2 Household 3 Household 4+ Household Orimary school Secondary member Members members members bonus/inentive School bonus/incentive The type of Household Figure 8 shows that the amount of money households receive depends on the size of the household, the availability of school going children and the level of education they were attending. Most targeted households have elderly headed households and have chronically ill and disabled members (MoGCDSW, 2016). As mentioned earlier, poverty is a major cause of child labour and since the SCTP targets ultra-poor households that are also labour constrained, the programme therefore helps to address the root cause of child labour. The implementation of SCTP improves food security, reduces the prevalence of malnutrition and generally increases school enrolment and retention (NAC, 2014) decreases the practice of child labour outside the home (Miller & Tsoka, 2012) and reduces incidence of marriage (Baird et. al., 2010).

3.2.5.3 Farm Input Subsidy Programme (FISP) The GoM has been implementing the FISP since 2005/2006 season. The programme targets poor families and aims at reducing poverty and ensuring that targeted households attain food security. The programme constitutes a good proportion of the budget of the Ministry of Agriculture Irrigation and Water Development (MoAIWD): e.g., in 2013/2014, this represented 60% of the MoAIWD budget (ILO, 2015). There are other stakeholders who complement the GoM’s FISP by providing farm inputs to their target beneficiaries (e.g. see International Trade Union Confederation, 2010). Beneficiaries of the FISP are supposed to have bumper yields with surplus production that they can sell and increase their economic base. The improvement in people’s income is expected to, among other things, ensure that households are able to pay school fees and adequately take care of their children which will eventually decrease child labour practices. The criteria for the identification of beneficiary 22 households for the FISP include elderly household heads and resource poor households looking after elderly and/or physically challenged persons (Mvula et. al., 2011). Children from such households are vulnerable and are at risk of engaging in child labour.

3.2.5.4 Free primary education Initially both primary and secondary school education were not free: pupils had to pay school fees. Studies found that the payment of school fees constituted one of the major causes of school dropouts (Davidson & Kanyuka, 1990). In 1994, the GoM introduced free primary school education. This resulted into an increase of over 50% in enrolment, from 1.9 million in 1993/94 to 3.2 million in 1994/95. It has been argued that the introduction of free primary education in Malawi at the time was at the expense of quality (Kadzamira & Rose, 2001). Improving access to primary education is one of the most important interventions in the fight against child labour and the ILO Convention 138 recommends the provision of free and compulsory education to children up to the age of compulsory schooling or at least at the age14.

3.2.5.5 School meals programmes The National Social Support Programme (NSSP) provides for the provision of meals in primary schools and Early Childhood Development (ECD) centres. The World Food Programme (WFP) is the largest provider of school meals in Malawi: as of April 2018, the agency was providing meals to 954,669 primary school children in 783 primary schools in 13 food insecure districts that also have poor education outcomes such as enrolment, attendance and repetition rates. It also provides food support to ECD centres and provides take home rations (THRs) to girls and orphaned boys in upper grades during lean seasons (WFP, 2018). Mary’s Meals also supports School Meals Programme (SMP) in 17 districts and the criteria for selecting districts and schools include food insecurity and indicators of childhood malnutrition (ILO, 2015). In some communities, mother groups have proved quite useful by starting their own SMP: they have grown food and donated to the school and have even gone to the extent of preparing meals for the school children (Zhang et. al., 2016). One of the reasons for poor school attendance and high dropout rate is the shortage of food in households. The SMPs significantly contribute to an increase in school enrolment and attendance and improved 23 school performance as children regardless of their socioeconomic status have at least one nutritious meal a day. The provision of school meals decreases household expenditure on food; hence, this makes it easier for households to fulfil their immediate needs (ILO, 2015).

3.2.5.6 Village Savings and Loans Association (VSLAs) The establishment and implementation of village savings and loans associations (VSLAs) is one of the social protection programmes in Malawi being promoted by GoM and NGOs in order to alleviate poverty. Community Savings and Investment Promotion (COMSIP) is one of the largest organisations using the VSLA approach and is funded by the World Bank. In 2015 there were 67 organizations implementing VSL programmes in Malawi with 37,461 savings groups and 610,596 members (ILO, 2015). Members of the VSLAs borrow money at very low interest rates. They make their money on interest on loans given to members. Members can also share among themselves the money they have accumulated depending on their contributions to the VSLAs (Concern Universal, 2012). These VSLAs tend to provide financial services for the majority of Malawians who have no access to traditional banking services. The implementation of VSLs has improved food security, IGAs and access to financial services (ILO, 2015). Due to the success of the VSLA approach in addressing poverty, some programmes/projects whose aim is to combat child labour have used this approach. For example, the ARISE programme in Malawi created awareness among selected communities about the hazards of child labour and the need for households to send their children to school instead of working in the field. VSLAs have been established and members are able to get loans and start smallscale businesses. With income from the businesses, households are able to provide their children with food and purchase exercise books, uniforms, and other necessities (ARISE, 2019). 4. Gaps in the fight against child labour There are a number of challenges that are being experienced in the implementation of interventions to eliminate child labour in Malawi. The NAP II is aimed at ensuring that those challenges are effectively addressed so that child labour is eliminated by the SDG Target 8.7 of 2025. 24

4.1 Legislation and policy framework At international level, there are a number of relevant international instruments and agreements that Malawi has not ratified, for example, the ILO Convention 189 on Domestic Child Labour. At the national level, there are some gaps in existing legislation: for example, the Employment Act does not cover work done by children in the homes yet this is one of the areas with a lot of child labour. It is estimated that 70% of the domestic servants in Blantyre and Lilongwe are children and they receive very low wages (Kateta, 2013). Domestic child labour has not received adequate attention over the years including during the implementation of the first NAP as it is not covered in existing pieces of legislative and policy frameworks (Zhang et. al., 2016). Malawi still uses the tenancy system for the production of tobacco where children of the tenant also work to assist as part of unpaid family labour. Although the Tenancy Labour Bill was drafted in 1997, Parliament has not yet passed it into law. The currently position of the GoM is that the tenancy system should actually be abolished as it is significantly contributing to the practice of child labour and other labour rights violations. The penalties imposed on perpetrators of child labour are too insignificant to act as deterrents (Gondwe, 2012 & Kateta, 2013); hence, they need upward revision. The GoM and stakeholders including the representatives of employers and employees have drafted the NCLP that is currently being reviewed by the Cabinet. There was no NCLP during the implementation of the first NAP 2010-2016 and this still constitutes a major gap in the fight against child labour. While there have been attempts to mainstream child labour, the process has been slow. The mainstreaming of child labour in policies and programmes was recommended during the 2012 child labour in agriculture conference (GoM, ECAM and MCTU, 2012) and this process is expected to be accelerated following the recent adoption the National Child Labour Mainstreaming Guide.

4.2 Access to education The ILO recommends that quality basic education is a central component of the response to child labour (ILO, 2010). However, Malawi’s education sector experiences numerous challenges including the critical shortage of primary school teachers, poor management of 25 teachers, inadequate and inferior physical school infrastructure and inadequate teaching and learning materials (MoEST, 2008). Children, especially in rural areas where large tobacco estates are located, either walk long distances to get to school or the schools are not there. The long distances children walk to schools make schools unsafe especially for the girls. These inadequacies of the education system have a negative impact on school attendance and the retention of children in schools; hence, children withdraw from school and go into child labour. Records from the MoEST still demonstrate that there is a high dropout rate from primary school: only 30% of the children who start Standard 1 finish Standard 8 for various reasons. The MoEST has, therefore, established the CBE programme that targets children aged 9-17. CBE reduces the risk of exposure of children to child labour. This programme provides a second chance of education for children who have dropped out of school without acquiring enough literacy. Children who are younger are sent back to school while those who are older are empowered through livelihood vocational skills training as recommended in the 2017 conference on child labour that was held in Rio de Jeneiro (ILO, 2017) and the 2012 child labour conference in agriculture in Malawi (GoM, ECAM and MCTU, 2012). The challenge, however, is that these CBE programmes are not being implemented nationwide: the programme only targets districts that have high school dropout rates; hence, coverage is still low. While there have been programs that have withdrawn children from child labour or have prevented children at risk of engaging in child labour, one of the challenges has been that the education system has proved inadequate to fully absorb these children.

4.3 Data on child labour In order to effectively monitor trends in child labour in Malawi, child labour surveys are supposed to be conducted every 4-5 years. The first national child labour survey was conducted in 2002 and a follow up survey was conducted in 2015. This demonstrates that these surveys are not being conducted regularly. Furthermore, there is generally a lack of data on the worst forms of child labour for example child trafficking and commercial sexual exploitation. In addition to this, annual national reports on the child labour are not being produced by the MoLSI. Such reports would be helpful to for effective monitoring of the progress in addressing child labour and ensure that Malawi eliminates child labour by 2025. 26 CCLCs constitute an effective tool for monitoring child labour at community level including data collection. However, in many communities in Malawi the CCLCs are not available and where they are available they are not effectively carrying out their responsibilities.

4.4 Awareness on the evils of child labour In order for households to stop engaging children in child labour, there is need for them to be knowledgeable about the evils of child labour. Most people do not know the differences between work done by children that is appropriate for their age which they do as part of training to prepare them for adult roles when they grow up and child labour on the other hand. That is why there is a lot of child labour within family labour; hence the need for awareness raising on this matter. There will also be need to explain the concept of light work which is closely related with work that children as part of their upbringing or training. In order to implement an effective awareness campaign on child labour, there will be need for adequate human and financial resources which are presently not adequate. Furthermore, the advocacy and awareness campaigns need to target policy makers especially the Ministry of Finance, Economic Planning and Development (MoFEPD), Parliamentarians and Councillors so that they understand the consequences of use of child labour, for example, international buyers may stop purchasing our products where child labour is involved. Once policy makers understand the evils of child labour and the consequences on the economy, they are likely to give greater attention and allocate adequate resources for child labour elimination. The awareness campaigns will also need to target other key stakeholders including communities and their leadership.

4.5 Addressing poverty at household level Poverty constitutes one of the major contributing factors to child labour in Malawi. At national level, the GoM and development partners have established and are supporting programmes that are addressing poverty and contribute towards ensuring that households have adequate income and are food secure. There are a number of social protection interventions such as FISP, SCTPs, IGAs and microfinance institutions such as VSLAs that have proved quite successful in alleviating household poverty. The challenge, however, is that such programmes do not specifically target households with children in or at risk of child labour but target the poor in general. The coverage of most of these programmes is also limited. The other challenge 27 is that social protection programmes in Malawi depend largely on donor funding which has no certainty.

4.6 Working environment and conditions for children aged 15-17 years The Employment Act prohibits children aged less than 14 years from working. Children aged 15-17 are prohibited from working in hazardous environments. While this is the case, there are many children aged 14-17 years who are working and are exposed to occupational hazards especially in the agricultural sector where they are exposed to pesticides and other chemicals. Employers also do not provide opportunities for most of the children and their families to access essential services such as health and education. Child labourers are usually subjected to lower pay (and sometimes no pay at all) for the same amount of work done as their adult counterparts.

4.7 Cultural beliefs and practices The 2015/16 MDHS shows that teenage pregnancy and child marriage are quite prevalent in Malawi: about 50% of the women aged 20-49 got married at the age of less than 18(NSO, 2017). Some studies have also shown that girls get married by or before the age of 15 years (Munthali & Kok, 2016). At such an early age, married boys and girls are forced to cater for themselves: they no longer live with their parents, hence they are at greater risk of undertaking hazardous work including in tobacco fields in order to provide for themselves (CYECE, 2015 & Zhang et. al., 2016). Initiation ceremonies are quite common in Malawi and once boys and girls attend these ceremonies they are assumed old enough to look after themselves. Such children often drop out of school and look for employment where they are exposed to different worst forms of child labour. Other studies have found that some cultural practices such as ‘gule wankulu’ distract children from school as the children would run after it during class time, thereby disrupting or abandoning classes. However, during the implementation of the CLEAR project, the same gule wamkulu was used to escort children as they were going to school (Zhang et. al., 2016), Such lesson means gule wamkulu can be turned for a beneficial use. 28

4.8 Institutional and technical capacity There are a number of studies including programme evaluations that have pointed to the fact that within the MoLSI, and especially the Child Labour Unit (CLU), there are resource constraints that prevent the effective implementation of interventions including the inspection of workplaces (USDOL, 2013 & Zhang et. al., 2016). These constraints include shortage of inspectors, the critical shortage of funding and limited transport capacity (Zhang et. al., 2016). Because of these resource constraints, inspections including by DLOs are not effectively conducted (Zhang et. al., 2016). In most cases, child labour inspections are done as a response to child labour violations and only concentrated on large-scale farms (USDOL, 2013). While there have been many child labour elimination interventions in Malawi, it has, however, been observed that most implementers lack capacity to comprehensively understand and address child labour as they do not have the requisite knowledge and skills.

4.9 Collaboration and networking In order to successfully eradicate child labour including its worst forms by 2025, there will be a need for all stakeholders to work together towards these common goals. However, it has been observed that most stakeholders work independently due to differences in priorities and geographical coverage and also due to ineffective coordination structures for which MoLSI is responsible. Such an approach has led to duplication of efforts and consequently a waste of the scarce resources. 5. Priority areas for the NAP II (2020-2025) The NAP II provides guidance on how the NCLP will be implemented. There is a need to ensure that the NAP II is aligned to the NCLP. The draft NCLP has identified 6 priority areas that the country will focus on in order to ensure that child labour, including its worst forms, is eliminated by 2025. The 6 priority areas of the NAP II as adopted from the draft NCLP are as follows: 1. Legal and policy framework; 2. Capacity building; 3. Awareness raising; 29 4. Prevention, withdrawal, rehabilitation and re-integration; 5. Chronic illnesses and HIV and Aids in the context of child labour; and 6. Child labour information base and management, and availability of child labour information. These priority areas also summarise the various issues that have been discussed in Section 4. The implementation of the NAP II will adopt a holistic approach as some projects, for example, CLEAR project have done. The NAP II has been developed taking into account the proceedings of the IV global conference on the sustained eradication of child labour held in Buenos Aires in 2017 which, among other things, called for the implementation of interventions that should be sensitive to gender, age and disability and that these interventions should focus on issues such as creating awareness at all levels, strengthening capacities of local communities to participate in elimination of child labour, ratification of ILO conventions, strengthening national legislative and policy frameworks, strengthening the capacity of labour inspectorates, improving access to education, strengthening knowledge, data and monitoring, and mobilising resources for the fight against child labour (ILO, 2017). It is evident therefore that the priorities as set out in the draft NCLP and hence in the NAP II are in line with the recommendations of the IV Global Conference on the sustained eradication of child labour. 6. Strategic framework

6.1 Goal of the NAP The overall goal of the NAP II, 2020-2025 is to eliminate child labour in all the sectors of the economy in Malawi by 2025.

6.2 Objectives of the NAP II The objectives of the NAP II, 2020-2025 are as follows: 1. To create a conducive legal and policy environment for child labour elimination 2. To build and strengthen the institutional and human resource capacity of stakeholders in child labour elimination 30 3. To increase public knowledge and awareness on the evils of Child Labour and its effect on national development 4. To engage in direct action to combat child labour through prevention, withdrawal, rehabilitation and re-integration of children withdrawn from child labour 5. To mitigate the impact of chronic illnesses and HIV and AIDS in inducing Child Labour 6. To improve child labour information availability and accessibility

6.3 Strategic direction for the elimination of child labour in Malawi The NAP II aims at improving the legal and policy environment for child labour elimination, strengthen the capacity of stakeholders including the MoLSI in addressing child labour, increase awareness about the disadvantages of child labour, implement interventions to combat child labour including mitigating the impact of chronic illnesses and improve the availability and use of data on child labour. Given the fact that child labour affects girls and boys differently, this NAP II will take a gender sensitive approach in its programming and gender will be treated as a cross cutting issue throughout.

6.3.1 Legal and policy framework All relevant international conventions and agreements that Malawi has not ratified but have impact on the fight against child labour will be identified and considered for ratification during the implementation of NAP II. Once this has been done, a comprehensive review of existing legislation and policies will be conducted and the international instruments subsequently domesticated. The GoM will ensure that issues of child labour are mainstreamed in all relevant development policies and programmes. Domestic child labour will be one of the priorities to be addressed, for example, through the review of legislation (e.g. the Employment Act) to ensure that it is covered by legislation. The penalties for perpetrators of child labour are too low to act as a deterrent (Gondwe, 2012 & Kateta, 2013); hence, the need to revise them upwards. All the revised pieces of legislation (including penalties) and policies will be disseminated at all levels. 31 Currently, the GoM is of the view that the tenancy labour system for growing of tobacco should be abolished as it significantly contributes to the practice of child labour and other violations of labour rights. There is, therefore, a need to fast track the process of abolishing the tenancy system as this will contribute significantly to the reduction of child labour. The NAP II promotes community participation in the fight against child labour. The MoLSI and the MoGCDSW will, therefore, facilitate the development and implementation of community by-laws and other community level initiatives for the elimination of child labour.

6.3.2 Capacity building Bearing in mind the challenges being experienced by the MoLSI in addressing child labour, the implementation of the NAP II will focus on building the capacity of the Ministry and stakeholders at all levels to ensure that (i) adequate staff with relevant knowledge and skills on child labour are available in MoLSI; (ii) all requisite materials such as vehicles, fuel and stationery required for the fight against child labour are available in the MoLSI and other implementing partners; and (iii) Tripartite Labour Advisory Council (TLAC) , National Steering Committee on Child labour (NSC), National Technical Working Group (NTWG), District Child Labour Committees (DCLCs), Area Child Labour Committee (ACLCs) and Community Child Labour Committees (CCLCs) are fully functional. The NAP II will also strengthen access to education by encouraging public-private partnerships in the construction and renovation of primary schools and teachers’ houses, the payment of school fees and provision of other school necessities such as school uniform and notebooks to ultra-poor learners, the expansion of school meals programmes and the scaling up of the CBE programme. There will be a need to assess the capacities of the targeted schools and ensure that they are able to accommodate children withdrawn from child labour. As part of capacity building, the MoEST will also be encouraged to review curricula in primary school, teachers’ training colleges and other higher education institutions in order to incorporate child labour modules. The incorporation of child labour issues in the curricula will ensure that children, teachers and graduates from higher education institutions are knowledgeable about the evils of child labour. Furthermore, there will be a need for proper coordination of different stakeholders by providing a forum for sharing experiences, including 32 best practices. The capacity of the MoLSI to coordinate child labour elimination through different structures, namely TLAC, NSC, DCLCs and CCLCs will also be strengthened.

5.3.3 Awareness raising In general, knowledge about the disadvantages of child labour in most communities in Malawi is limited. This explains why many families engage their children in a wide variety of child labour activities. During the implementation of NAP II, awareness campaigns will be conducted at national, district and community levels in order to ensure that everyone including the children themselves are aware about the disadvantages of child labour. The NAP II will promote community mobilization and participation of all stakeholders at all levels in the fight against child labour. The MoLSI and all stakeholders will advocate for the adoption of the NCLP and the outlawing of the tenancy labour system in the growing of tobacco.

5.3.4 Prevention, withdrawal, rehabilitation and re-integration During the implementation of the NAP II, there will be a need to identify at risk of child labour so that they are prevented and those in child labour, withdraw children and reintegrate them into r society, including re-enrolling into schools. The construction of safe spaces including rehabilitation centres for children withdrawn from child labour has proved a useful and successful intervention; hence, the NAP II will also focus on the promoting safe spaces. In order to successfully reintegrate children withdrawn from child labour, schools will need to be well prepared to receive these children, for example by constructing new school blocks, rehabilitating schools, providing adequate equipment and furniture, constructing teachers’ houses, implementing the school meals programme and supporting former child labourers with school materials. In addition to this, families of these children will be targeted with viable livelihood opportunities such as IGAs and VSLAs and discussions will be held with the MoGCDSW to extend the SCTP to specifically target households with children withdrawn from child labour. Lastly, the CBE programme will be scaled up, labour inspections will be intensified, perpetrators of child labour will be prosecuted and community structures such as CCLCs will be strengthened. 33

5.3.5 Chronic Illnesses and HIV and AIDS in the context of Child Labour Significant progress has been made in the fight against HIV and AIDS in Malawi. The introduction of Option B+ in which all pregnant and lactating women are put on ART for life in 2011 and the introduction of universal access to ART in 2016 for everyone found HIV+ have significantly led to a reduction in the number of deaths of economically productive young men and women. However, 12% of the children aged less than 18 years are orphans who are vulnerable and at risk of engaging in child labour. The NAP II will strengthen linkages of families affected by HIV to existing social protection programmes (e.g. SCTP), strengthen referral systems on HIV for children identified and at risk of engaging in child labour, scale up the SCREAM methodology and that households affected by HIV and AIDS will be trained on issues such as nutrition and health living.

6.3.6 Child labour information database and availability of information A number of projects have been implemented in Malawi that have tried to establish a system for capturing data on child labour on a regular basis. For example, with the support of the ILO, a system was piloted in selected districts in which CCLCs collected data on child labour and forwarded it to the District Labour Office which in turn submitted to MoLSI Headquarters. While this system has potential to be adopted as a national system, this has not been done. There is, therefore, a need to establish a comprehensive national child labour monitoring system that will be able to capture data on child labour on a regular basis as is done in other ministries such as Ministry of Health and Population. This national child labour monitoring system will constitute a subset of the Labour Market Information System (LMIS) that has been established by the MoLSI. The establishment of the child labour monitoring system will require building the capacity of the MoLSI and other stakeholders in data collection, management, analysis and report writing. Over the period of the NAP II, the MoLSI in conjunction with the National Statistics Office (NSO) will conduct the National Child Labour Survey (NCLS) in 2020 and 2024 to determine progress in the fight against child labour. Discussions will also be held with the NSO in order to ensure that child labour modules are incorporated in national surveys. The Ministry will also work with academic institutions to design and implement specific studies on child labour 34 to inform policy and programming. The results of these studies will be disseminated widely and through various channels including social media. The MoLSI will also produce annual labour bulletins that will highlight progress in the fight against child labour. 7. Implementation plan

7.1 Institutional framework for implementing the NAP II The Ministry of Labour, Skills and Innovation (MoLSI) is the GoM line ministry that is responsible for child labour elimination and related issues. Within the MoLSI, there is a Child Labour Unit (CLU) whose primary responsibility is to coordinate the implementation of interventions that will ensure that by 2025 there is no child labour in Malawi. There are a number of structures at different levels that will be responsible for coordinating the implementation of the NAP II and they are as follows: • The Tripartite Labour Advisory Council (TLAC): This is the highest statutory body that advises the Minister of Labour on all labour and employment issues. It, therefore, represents the necessary political will for the implementation of child labour interventions to meet the 2025 SDG target. • The National Steering Committee (NSC) on Child Labour: This is a tripartite plus body of policy makers with representatives from government ministries and departments, workers and employers organisations, civil society organisations and development partners. The NSC provides policy direction on implementation of child labour interventions, including the National Child Labour Policy and the NAP II. It is also responsible for mobilisation of resources for the implementation of the NAP II. The MoLSI is secretariat for the NSC and is responsible for the coordination of all stakeholders implementing child labour intervention. • The National Technical Working Group (NTWG) on child labour: The NTWG has the overall responsibility of coordinating implementation of child labour activities and is made up of technical officers from key stakeholder institutions including government, employers, workers and civil society organisations. 35 • The District, Area and Community Child Labour Committees: These committees will be responsible for the coordination, implementation and monitoring of child labour activities at district, area and community levels, respectively. In order to successfully address the problem of child Labour in Malawi, there will be a need to utilize a multidisciplinary approach: hence, a number of government ministries and departments, workers’ and employers’ organisations and civil society organisations will provide a wide range of services. Within the MoLSI, the CLU will be responsible for the coordination of child labour activities and provision of support to various implementing partners.

7.2 Roles and responsibilities of various stakeholders Many stakeholders contribute directly or indirectly to the fight against child labour. Furthermore, all stakeholders will be required to mainstream child labour in their programmes. Some of the key organizations and their roles are as follows.

7.2.1 Ministry of Labour, Skills and Innovation • Work with the Ministry of Justice to review all relevant pieces of legislation relating to child labour • Popularise and domestic ILO conventions 155, 184, 189 and the Protocol of 2014 to the Forced labour Convention and ratify relevant international conventions such as Convention 189 and 190 • Build the capacity of the MoLSI to effectively conduct labour inspection of workplaces 36 Inspect workplaces, including private homes and farms, in order to ensure that there is no child labour including its worst forms • Design a model register for use by employers employing young persons • Prosecute perpetrators of child labour with support from the police, magistrates (courts) and other stakeholders and ensure cases are concluded expeditiously • Coordinate the implementation of various child labour interventions by various implementing agencies and departments • Commission the periodic conduct of child labour surveys • Develop and implement short term training programs on child labour targeting CSOs, workers’ and employers’ representatives and other government ministries and departments • Promote the mainstreaming of child labour in all GoM policies and strategies to eradicate child labour • Establish and strengthen district and community child labour committees to participate in the prevention, detection and elimination of child labour • Conduct advocacy meetings with GoM ministries and departments to ensure that relevant authorities are aware of the evils of child labour • Produce an annual report on child labour and share this with stakeholders • Design and implement a national child labour monitoring system for regular collection of data on child labour • Conduct research on child labour issues to inform policy and programming • Engage the MoFEPD and other institutions to mobilise funding for the implementation of the NAP II • Strengthen linkages and partnerships with other government programmes and partners at the national level to harness resources for child labour activities • Conduct advocacy and awareness raising campaigns on the negative impacts of child labour especially targeting local communities • Build the capacity of the Ministry on the reporting obligation on international labour standards and the SDG targets, in particular target 8.7 • Coordinate the work of child labour desk officers for timely submission of reports 37 •

7.2.2 Ministry of Gender, Children and Community Development • Coordinate the development and review of policies and legislation relating to children and ensure that issues of child labour are included • Support the detection of children in child labour at community level with Community Child Protection Workers and the Child Protection Committees • Provide psychosocial support to victims of child labour and their families • Facilitate the rehabilitation and repatriation of victims of child labour • Provide educational support to children withdrawn and prevented from child labour. • Support the implementation of CBE in all communities in Malawi • Facilitate the development and implementation of the community by-laws around teenage pregnancy and child marriage • Provide transit accommodation (safe spaces) for children withdrawn from child labour.

7.2.3 Ministry of Finance, Economic Planning and Development • Mobilize resources and provide adequate budget allocation for the MoLSI and other stakeholders to effectively implement the NAP II.

7.2.4 Ministry of Education, Science and Technology • Review school curricula including curricula for Teachers’ Training Colleges and other higher education institutions to incorporate child labour issues • Expand access to education through rehabilitation of schools, construction of school blocks and new schools and ensuring that all schools have adequate and modern infrastructure and equipment • Provide adequate sanitary facilities especially for girls to ensure proper menstrual hygiene • Provide adequate teaching and learning materials in all schools • Promote or publicise the school readmission policy for girls who withdrew from school due to pregnancy and marriage • Facilitate the reintegration of children withdrawn from child labour into school • Conduct awareness campaigns on child labour in schools and surrounding communities 38 • Promote the development and establishment of child rights clubs in primary schools in which issues around child labour and other child rights issues can be discussed • Reduce various costs of accessing education for example uniforms and books and school funds • Implement school meals programmes in all primary schools in Malawi • Provide vocational training for children aged 14-17 who cannot return to school • Scale up the delivery of complementary basic education targeting children aged 9-17 nationwide.

7.2.5 Ministry of Agriculture, Irrigation and Water Development • Create awareness among the farming communities about the disadvantages of engaging children in child labour • Develop and implement policies and strategies that will ensure that vulnerable households have food and income security • Ensure that the FISP targets households having children at risk of engaging in child labour or having children in child labour • Use extension workers to contribute to identifying and withdrawing children engaged in child labour • Coordinate stakeholders in the agricultural sector in the development and implementation of interventions aimed at preventing child labour • Monitor the progress in the fight against child labour within the agricultural sector and produce annual reports • Develop and implement child labour surveys in the agricultural sector.

7.2.6 Ministry of Health • Provide treatment to children with occupational injuries and diseases • Promote awareness on occupational health, including diseases that children can contract if exposed to hazardous working environments • Work with the MoLSI in order to popularise the conduct of periodic medical checkups for children of legal working age employed in hazardous work environments. 39 •

7.2.7 Ministry of Homeland Security • Enforce anti-trafficking laws • Work with the MoLSI in order to inspect workplaces including private homes and farms to ensure that there is no child labour • Work with the MoGCDSW and the MoLSI to provide protection and welfare to victims of child labour • Work with MoLSI and prosecute perpetrators of child labour • Conduct awareness campaigns on the evils of child labour through community policing and Victim Support Units.

7.2.8. Ministry of Information, Civic Education and Communication Technology • Work with the MoLSI and undertake massive awareness campaigns among community members to ensure that children go to school instead of work • Work with the MoLSI to develop and disseminate information, education and communication messages on the evils of child labour • Create awareness among Community Development Assistants (CDAs) who are based at community level on the evils of child labour • Promote the involvement of CDAs in the identification and withdrawal of children in child labour and link them with MoLSI, MoGCDSW, and other service providers.

7.2.9 Ministry of Justice and Constitutional Affairs • Work with the MoLSI and facilitate the ratification of international instruments relating to children, especially child labour • Harmonise legislation relating to child labour • Impose stiffer penalties on perpetrators of child labour to act as a deterrent to would be offenders • Provide legal advice to the MoLSI on issues relating to child labour

7.2.10 Judiciary • Ensure speedy trials of child labour cases 40 Handle child labour cases in child friendly courts

7.2.11 Ministry of Local Government and Rural Development • Adopt and implement by-laws to protect children from child labour • Integrate child labour issues into District Implementation Plans (DIPs), budgets and structures • Mobilise resources, both financial and human resources, to ensure that the child labour plans as detailed in the DIPs are implemented • Mobilize community support for action against child labour; • Inspect all workplaces including private homes and farms to ensure that there is no child labour • Provide basic services including education and health services to all children and communities • Provide effective coordination for all stakeholders involved in the implementation of interventions in the fight against child labour in the districts s • Promote and support child labour networks at district and community levels • Mobilise resources for the implementation of CBE programmes in the district • Conduct advocacy and awareness campaigns on the evils of child labour at district and community levels • Working with communities, lead in the identification of children in child labour, withdraw them and integrate them into the schools and communities • Follow up on children withdrawn from child labour • Produce an annual district child labour report • Strengthen linkages and partnerships with other government programmes in the district to harness resources for child labour activities • Promote use of volunteers at community level as agents for implementation of child labour interventions and data collection.

7.2.12 Other GoM ministries The implementation of the NAP II requires a multi-sectoral approach and all GoM ministries and departments shall be involved. The roles of other ministries and departments will be to 41 • mainstream child labour issues into their plans, policies and legislation. The MoLSI shall provide guidance on how child labour issues can be mainstreamed into the plans, policies and legislation of other GoM ministries and departments.

7.2.13 Development partners • Provide technical assistance in the design and implementation of interventions for fighting against child labour • Provide financial support for the implementation of the NAP II

7.2.14 Tobacco industry • Create awareness about the disadvantages of engaging children in child labour in the tobacco growing communities • Work with the MoLSI to identify and withdraw children engaged in child labour in tobacco growing areas • Construct schools, boreholes, roads and bridges as part of corporate social responsibility • Conduct child labour surveys in the tobacco industry to monitor trends in the prevalence of child labour • Deploy field officers to work with farmers and ensure that children are not used in the production of tobacco • With the leadership of the Tobacco Control Commission, produce an annual report on the situation of child labour in the tobacco industry.

7.2.15 Non-Governmental Organizations/Faith-Based Organizations • Create awareness on child rights including child labour among communities especially in hard to reach areas with large agricultural estates • Provide counselling services to parents and motivate them to send their children to school instead of encouraging them to work Lobby for the review of policies and legislation on children especially those dealing with child labour issues 42 • Provide alternatives for families at risk and disadvantaged groups in society such as IGAs, legal aid services, family counseling and literacy programs • Implement programmes to withdraw, protect and rehabilitate children from child labour • Support children withdrawn from child labour enrolled in school with school materials. • Support transition homes for children withdrawn from child labour • Provide vocational training programmes targeting older children aged 14-17 including provision of startup capital • Mobilise resources for the fight against child labour • Support the MoEST in the provision of CBE • Conduct research on child labour.

7.2.16 Workers’ organizations • Document concrete cases of child labour and its effects on children • Identify and report cases of child labour in the workplace • Sensitize adult workers and their families on the hazards of child labour • Contribute to the development and implementation of national policies and programmes on child labour • Develop and back up collective bargaining agreements that prohibit child labour • Ensure that their constituents observe prevailing national laws and policies relating to child labour • Advocate for the adoption and ratification of ILO and other international conventions • Implement anti-child labour interventions • Mobilise financial and human resources required to support the elimination of child labour for their constituencies.

7.2.17 Employers’ Organizations • Ensure that the labour laws being advocated for take into account the interests of the employers • Ensure that the products from the private sector are produced without the use of child labour 43 • • Ensure that their members adhere to the minimum age provisions of national labour laws and regulations • Ensure that all children are protected against hazardous work • Conduct awareness events aimed at various sectors and the sensitization of their constituents about the human, economic and social costs of child labour • Provide opportunities to young employees for example of pursuing vocational training. • Provide educational opportunities and support to children of employees at risk or engaging in child labour • Lobby with GoM for the adoption of appropriate policies and legislative frameworks including the NCLP and the Tenancy Labour Bill • Work very closely with the MoLSI to identify hazardous child labour in all workplaces including private homes and farms • Support the establishment of CCLCs in various communities • Establish and implement IGAs targeting households of children engaged in child labour using corporate social responsibility approach • Work with the Directorate of Occupational Safety and Health in the MoLSI to ensure that workplaces employing children aged 15-17 are regularly inspected to detect and address occupational hazards • Promote access to education for children through improvement of school infrastructure such as construction and rehabilitation of schools and teachers’ houses, and provision of school materials to students from poor households • Mobilise resources for fighting against child labour among their constituents.

7.2.18 National Statistical Office • Incorporate child labour module into routine surveys such as the MDHS, Integrated Household Survey (IHS), and Multiple Indicator Cluster Surveys (MICS) • Collect data on child labour using the MDHS, MICS and IHS Conduct the NCLSs 44

7.2.19 Communities • Participate in the identification and withdraw of children engaged in child labour • Initiate community-based interventions for withdrawn children and those at risk of child labour • Monitor and report cases of child labour • Mobilize local resources for the fight against child labour • Engage children to actively participate in the design and implementation of programmes to fight against child labour at community level.

7.2.20 Academic institutions • Work with the MoLSI to design short courses on child labour and development • Incorporate child labour modules into undergraduate and postgraduate academic programmes • Work with MoLSI to conduct research on child labour to inform policy and programming.

6.2.21 Media Work with the MoLSI to disseminate information on child labour issues using various channels including electronic, print and social media. 7. Monitoring and evaluation The MoLSI will be responsible for monitoring and evaluation of NAP II. The District Child Labour Committees (DCLCs) will be responsible for monitoring the implementation of the NAP II at district level and shall send monthly reports to the MoLSI headquarters. The reports compiled by the DCLC will be based on reports received from the CCLCs as well as the work being implemented by stakeholders. At the end 45 of each year, the MoLSI will compile an annual report detailing the progress that has been made in the fight against child labour and share the reports with stakeholders. The last NCLS was conducted in 2015. This will act as a baseline survey for the NAP II. In 2020 and 2024 NCLSs will be conducted in order to determine the progress that has been achieved towards elimination of child labour. In 2022 a midterm review of the NAP II will be conducted. The NAP II will be revised in order to bring on board emerging issues that would accelerate the achievement of the targets set for 2025. In addition to the NCLSs that will be conducted in 2020 and 2024, a final comprehensive evaluation of the NAP II will be conducted in 2025 in order to determine the achievement in the fight against child labour. The results of this final evaluation will inform the successor NAP III whose goal will be to eliminate worst forms of child labour by 2030. Specific studies will also be commissioned by the MoLSI at least one each year mainly to inform policy and programming. The MoLSI in conjunction with academic institutions and other stakeholders will design and implement these studies. All stakeholders in the implementation of child labour programmes will be responsible for collecting data and sending periodic reports to the Ministry of labour who will be responsible for consolidation, analysis and dissemination. The NTWG will meet annually to review the consolidated data from the districts and implementing partners. The outcome of the review process will be factored into the next annual implementation plan. The major indicator that will be used to monitor progress in the fight against child labour is the prevalence of child labour: in 2015, 38% of working children were in child labour and with all the interventions that have been planned the prevalence of child labour will be reduced to 0% by 2025. The expectation is that by 2022 all national surveys conducted by the NSO will have a child labour module and it will be easier to monitor progress in the prevalence of child labour. This target will be revisited in 2022 during the midterm review of the NAP II. 46 9. Financing the NAP II The NAP II seeks to eliminate child labour in Malawi by 2025. In order to achieve this, there will be a need for adequate financial resources of the NAP II. Annex 1 shows the cost of implementing various interventions. The total cost of implementing the NAP II has been estimated at MK32, 572,500,000 (US$44.7 million) over the period 2020-2025 as shown in Annex 2. Figure 9: Proportion of total budget per priority area 1.1 2.6 7.04 9.2 7.41 72.7 Policy and legislation Capacity building Awareness raising Prevention, withdrawal, rehabilitation and reintegration of children withdrawn from child labour Mitigating impacts of HUIV and AIDS and other chronic illness Child labour information availability and accessibility Most of the resources will be spent on prevention, withdrawal, rehabilitation and reintegration of children from child labour and the national surveys. 47 The NAP II will be financed through the GoM’s MoFEPD with support from development partners and stakeholders. As mentioned earlier, the current funding allocation from the MoFEPD is grossly inadequate to effectively implement planned interventions. Advocacy and awareness meetings will be held with the MoFEPD and Malawi Parliament in order to increase budgetary allocation to the MoLSI especially the CLU and the District Labour Offices. In addition to the MoFEPD, the MoLSI including the DLOs will be tasked to mobilise funding for the NAP II activities from different sources including development partners, NGOs/CSOs, the private sector and workers and employers’ organizations. The National Steering Committee will have the overall responsibility of mobilizing financial and human resources for the implementation of the NAP II. Where need arises the mobilization of resources by the NSC will include the development of proposals on child labour that shall be submitted to development partners and District Councils for funding 48

Annex 1: Results framework for NAP II 2020-2025 Objective 1: To create a conducive legal and policy environment for child labour elimination. Outputs Activities Objectively Means of Responsible Agency Years of implementation (MK’ million) verifiable indicator Verification 2020 2021 2022 2023 2024 2025 Total • National • Conduct a • A • A report on • MoLSI. 22.5 22.5 legislation and comprehensive comprehensive the situation • MoJ&CA. policies situation analysis situation analysis reviewed and of the legislative analysis on available. enacted. and policy legislative and framework policy governing child framework labour in Malawi. conducted. • Fast track the • NCLP • The NCLP is • MoLSI. 7.5 7.5 15.0 development, approved. available. • Other relevant GoM review and ministries and approval of al departments, CSOs, national policies employers’ and that support the workers’ implementation representatives. of the NAP II including the NCLP. • Sensitise • No. of • Inspection • MoLSI. • 24.0 15.0 15.0 15.0 20.0 20.0 109.0 and advocate for inspections reports. MoGCDS the enforcement of conducted. • Courts W. existing legal and • No. of reports. policy framework perpetrators of child labour • NCLS prosecuted. reports. • Prevalence of child labour 49 • International • Advocate for the • ILO • MoLSI • MoLSI 24.0 12.0 36.0 conventions domestication of conventions annual • MoJ&CA ratified. all relevant ILO ratified. reports Objective 1: To create a conducive legal and policy environment for child labour elimination. Outputs Activities Objectively Means of Responsible Agency Years of implementation (MK’ million) verifiable indicator Verification 2020 2021 2022 2023 2024 2025 Total instruments including recently ratified Conventions 155, 184 and 187 and the Protocol of 2014 to the Forced Labour Convention. • Legislation • Review • Employment • MoLSI and • MoLSI related to child legislation related Act reviewed. MoJ&CA • MoJ&CA labour to child labour to • Other relevant reports. reviewed. ensure that all pieces of workplaces legislation including informal reviewed. sector are eligible for inspection and that these laws do not contradict with each other1. 1 This will not cost anything as the Occupational Safety and Health and Welfare Act is being reviewed with funding from the TB in the Mines Project funded by the World Bank 50 • Child labour • Mainstream child • Child labour • Revised • MoLSI. 7.5 7.5 10.0 10.0 15.0 15.0 65.0 mainstreamed labour in all issues policies with • Other GoM in all relevant relevant incorporated in child labour ministries and development development all new issues departments. policies, taking policies, taking a development incorporated. a gender gender sensitive policies. sensitive approach approach Objective 1: To create a conducive legal and policy environment for child labour elimination. Outputs Activities Objectively Means of Responsible Agency Years of implementation (MK’ million) verifiable indicator Verification 2020 2021 2022 2023 2024 2025 Total • List of • Review list of • List of • List of • MoLSI. 22.5 22.5 45.0 hazardous hazardous work hazardous work hazardous work revised. in line with the revised. work ILO Convention available. 182/138. • Informal • Extend labour • Availability of • Revised • MoLSI • 30.0 30.0 sector, private inspection revised Employment MoJ&CA homes and services to Employment Act. . farms monitor child Act. • MoLSI inspected by labour in the • No. of labour informal sector inspections • Inspection inspectors. and private conducted in (i) reports from homes. the informal the MoLSI. sector; (ii) private homes; (iii) private farms. • Bylaws on • Develop and • Availability of • council • councils. 15.0 25.0 40.0 child labour implement bylaws. reports. • MoLGRD developed. bylaws on child labour with active participation of the communities and districts. 51 • Labour • Review labour • Revised • Availability of • MoLSI 4 4.0 4.0 inspection inspection form inspection form inspection form revised to to include in place. form at include trafficking in national and trafficking in persons. district persons. levels. SUB-TOTAL OBJECTIVE 1 164.5 34.5 25.0 25.0 57.5 60.0 366.5 Objective 2: To build and strengthen the institutional and human resource capacity of stakeholders in child labour elimination. Outputs Activities Objectively Means of Responsible Years of implementation(MK’ million) Verifiable Verification Agency 2020 2021 2022 2023 2024 2025 Total Indicator • Functional • Conduct • A functional • Functional • Department of 50.0 50.0 review of the functional CLU in place review Human Department of review of the report. Resource Labour Services Department of • MoLSI Management conducted. Labour reports. and Services. Development. • Adequate • Mobilise • No. of • MoLSI • MoLSI. 20.0 15.0 15.0 15.0 20.0 20.0 105.0 resources for the adequate inspections reports. CLU mobilised resources for conducted. for its the CLU for • No. of cases of operations. operations. child labour investigated. • % increase in budgetary allocation to the CLU. 52 • Procure • No. of • MoLSI • MoLSI 268.8 268.8 268.8 806.4 vehicles and vehicles purchased. reports. office • % of DLOs equipment with adequate office equipment. • Quarterly • Hold regular • No. of TLAC • Minutes of • MoLSI. 30.0 15.0 25.0 25.0 25.0 30.0 150.0 meetings of quarterly meetings TLAC TLAC, NSC meetings of the conducted. meetings. and NTWG TLAC, NSC • No. of NSC • Minutes of held. and NTWG. meetings NSC conducted. meetings. • No. of NTWG • Minutes of meetings NTWG conducted. meetings. Objective 2: To build and strengthen the institutional and human resource capacity of stakeholders in child labour elimination. Outputs Activities Objectively Means of Responsible Years of implementation(MK’ million) Verifiable Verification Agency 2020 2021 2022 2023 2024 2025 Total Indicator 53 • Capacity of • Train 170 • No. of labour • Training • MoLSI. 200.00 200.0 200.0 600.0 labour officers, labour officers, officers reports from social welfare 120 social trained. MoLSI. officers, welfare officers, • No. of social community 120 community welfare officers development trained. development assistants, police assistants, 220 • No. of officers and community police officers immigration development and 20 officers and assistants immigration workers and trained. officers. employers • No. of police representatives officers strengthened. trained. • No. of immigration officers trained. • Train 300 • No. of • Training • ECAM • 50.0 50.0 100.0 workers’ and workers’ reports MCTU employers’ representatives from • MoLSI representatives trained. ECAM, • District up to the • No. of MCTU and Councils grassroots employers’ MoLSI. levels. representatives trained. • Train 50 • No. of officers • Training MoLSI• 100.0 100.0 100.0 100.0 100.0 500.0 officers at trained. reports from • Department of Masters Level. MoLSI. Human Resources Management Objective 2: To build and strengthen the institutional and human resource capacity of stakeholders in child labour elimination. Outputs Activities Objectively Means of Responsible Years of implementation(MK’ million) Verifiable Verification Agency Indicator 2020 2021 2022 2023 2024 2025 Total 54 and Development. • Develop and • Training manual • Availability • MoLSI 30.0 30.0 disseminate on child labour of training training manual developed. manual. on child labour. • Train teachers • No. of teachers • Training • MoLSI & 50.0 50.0 in 36 pilot trained. reports from MoEST. education zones, MoLSI, • District one in each DLOs and Councils district. DEMs. • Strengthen NSC • No. of NSC • MoLSI • MoLSI. 15.0 15.0 and NTWG. members reports. oriented. • No. of NTWG oriented. SUBTOTAL OBJECTIVE 2 813.8 743.8 648.8 608.8 140.0 50.0 3,005.2 Objective 3: To increase public knowledge and awareness on the evils of Child Labour and its effect on national development. Outputs Activities Objectively Means of Responsible Years of implementation(MK’ million) verifiable verification Agency 2020 2021 2022 2023 2024 2025 Total indicators • Awareness • Create awareness • Prevalence of • NCLS. • MoLSI 65.0 50.0 50.0 50.0 50.0 50.0 315.0 about the about the evils of child labour. evils of child labour at all • % of people child labour levels especially who know the increased. at community evils of child level. labour. 55 • Create awareness • No. of • Minutes of • MoLSI. 20.0 10.0 15.0 15.0 15.0 15.0 90.0 among local and meetings with the meetings. international local and NGOs on the international evils of child NGOs. labour. • No of participants per meeting with local and international NGOs. • Advocate for the • No. of • Minutes of • MoLSI. 4.0 3.0 3.0 3.0 5.0 5.0 23.0 effective meetings held the meetings. implementation of with various the NAP and the stakeholders. NCLP. • Child rights • Formulate a standard • . • DEMs & • MoEST. 10.0 10.0 clubs message on child DLOs • District established rights. reports. Councils in schools. • • • Sensitise the head • No. of child • DEMs & • MoEST. 75.0 75.0 150.0 teachers on child rights clubs DLOs • District rights. established. reports. Councils • • Objective 3: To increase public knowledge and awareness on the evils of Child Labour and its effect on national development. Outputs Activities Objectively Means of Responsible Years of implementation(MK’ million) verifiable verification Agency 2020 2021 2022 2023 2024 2025 Total indicators • No. of teachers sensitised. • • Convene meetings • No. of schools • DEMs & • MoEST. 32.0 64.0 32.0 32.0 32.0 32.0 32.0 224.0 for child rights with child DLOs club patrons. rights clubs reports. 56 • Media • Hold sensitisation • Media • NTWG • MoLSI. 5.0 5.0 10.0 committee meetings different committee meeting established media established. minutes. as part of institutions. the NTWG. • NCLP • Conduct meetings • No. of • Minutes of • MoLSI. 3.0 3.0 approved by with cabinet meetings held the meetings. cabinet. ministers. with cabinet ministers and • Minutes of various cabinet stakeholders. meeting. • NCLP adopted. • Tenancy • Hold meetings • Tenancy • Proceedings • Malawi 4.0 4.0 system with cabinet system of Malawi Parliament. outlawed. ministers. outlawed. Parliament. • MoLSI. • Minutes of the meetings with cabinet ministers. SUBTOTAL OBJECTIVE 3 247.0 95.0 180.0 103.0 102.0 102.0 829.0 Objective 4: To engage in direct action to combat child labour through prevention, withdrawal, rehabilitation and re-integration of children withdrawn from child labour. Outputs Activities Objectively verifiable Means of Responsible Years of implementation (MK million) indicators verification agency 2020 2021 2022 2023 2024 2025 Total 57 • Access to • Map areas with • Areas with high • Mapping • MoLSI. 350.0 350.0 education high prevalence prevalence of report. improved. of child labour child labour and worst forms including its worst of child labour forms mapped. with schools affected. • Assess the • Capacities of • Assessme nt • MoEST 250.0 250.0 capacities of schools to take in report. schools to take withdrawn in children children withdrawn from assessed. child labour. • Disseminate • No. of district • Minutes • MoLSI. 5 56.0 56.0 findings of the level meetings of meetings assessment conducted. at district results to • No. of regional level. stakeholders at level meetings • Minutes district and conducted. of meetings regional levels. at regional level. • Construct • No. of • MoEST • MoEST & 1000. 500.0 500.0 500.0 500.0 500. 3,500. schools, schools/school reports/E MoLSI 0 0 0 teachers’ blocks MIS. houses and constructed. hostels in areas • No. of teachers’ with high houses incidence/preva constructed. lence of child • No. of hostels labour. constructed. Objective 4: To engage in direct action to combat child labour through prevention, withdrawal, rehabilitation and re-integration of children withdrawn from child labour. Outputs Activities Objectively verifiable Means of Responsible Years of implementation (MK million) indicators verification agency 2020 2021 2022 2023 2024 2025 Total 58 • Implement • No. of schools • MoEST - • MoEST. 675. 1,350. 675.0 675.0 675.0 675.0 4,050. school feeding with school meals EMIS • WFP. 0 0 0 programmes in programmes. reports. • MoLSI. schools located • No. of school • WFP • District in areas with learners being reports. Councils high prevalence reached with of child labour. school meals programme. • Train teachers on • No. of teachers • MoEST • MoEST. 189.0 94.5 94.5 94.5 94.5 567.0 child rights trained. reports. • MoLSI. including the • MoLSI • District evils of child reports. Councils labour. • Support children • No. of children • MoEST • MoEST. 14.3 14.3 14.3 14.3 14.3 14.3 85.8 withdrawn from supported with reports. • MoLSI. child labour school fees. • MoLSI with school • No. of children reports. fees, notebooks supported with and other such school uniform. requirements. • No. of children supported with notebooks/pens. • Scale up the • No. of districts • MoEST – • MoEST. 300.0 150.0 150.0 150.0 150.0 900.0 CBE implementing the EMIS programme CBE programme. reports. nationwide. • IGAs • Map and • No. of households • Report on • MoLSI. 630.0 630.0 targeting identify with children at mapping poor households with risk and engaged of families children at risk in child labour. household including and engaged in s with child child labour. children at headed risk and Objective 4: To engage in direct action to combat child labour through prevention, withdrawal, rehabilitation and re-integration of children withdrawn from child labour. Outputs Activities Means of Years of implementation (MK million) 59 Objectively verification Responsible 2020 2021 2022 2023 2024 2025 Total verifiable indicators agency household engaged in s child labour. developed and • Conduct a • A market and • A market • MoLSI. 30.0 30.0 implemen market and needs assessment and needs ted. needs conducted. assessmen t assessment on report. business and entrepreneurial activities. • Train • No. of • Training • 420.0 210.0 210.0 210.0 210.0 1,260.0 households in households report. MoLS IGAs including trained in IGAs. I• VSL. NGOs . • Provide • No. of children • Training and • MoLSI 420.0 210.0 210.0 210.0 210.0 1,260.0 vocational skills aged 14-17 monitorin g • NGOs training trained in reports. targeting vocational skills. children aged 14-17. • Provide start-up • No. of children • Training and • MoLSI 168.0 84.0 84.0 84.0 84.0 504.0 capital for older trained in monitorin g • NGOs children trained vocational skills reports. • District in vocational and supported • Councils skills. with start-up capital. • Child • Conduct child • No. of labour • Inspection • MoLSI 500.0 250.0 250.0 250.0 250.0 1,500.0 labour labour inspections reports. • MoGCDS inspection inspections conducted. WC s including small • No. of • District conducted farms, workplaces Councils domestic inspected. homes and community 60 Objective 4: To engage in direct action to combat child labour through prevention, withdrawal, rehabilitation and re-integration of children withdrawn from child labour. Outputs Activities Objectively verifiable Means of Responsible Years of implementation (MK million) indicators verification agency 2020 2021 2022 2023 2024 2025 Total construction • No. of children sites. engaged in child labour. • Develop • Guidelines and • Guideline • MoLSI 30 30.0 guidelines and tools developed. s and tools • MCTU tools for labour are • ECAM inspections on available. child labour that includes differentiation between child work and child labour. • Children • Conduct child • No. of children • Reports • MoLSI 160.0 800.0 800.0 800.0 800.0 4,800.0 withdraw n labour withdrawn from on • NGOs. s from child withdraws in all child labour. withdrawn • DEMs. labour workplaces. • No. of children, • District situations. • Prosecute perpetrators perpetrato Council perpetrators of of child labour rs of child child labour. prosecuted. labour • Reintegrate • No. of children prosecute children reintegrated. d and withdrawn from number of child labour. children reintegrate d. • Capacity • Develop • Guidelines for the • Availabilit • MoGCDS 30.0 30.0 of all guidelines for provision of y of the W partners the provision of rehabilitation guidelines including rehabilitation services . NGOs services for developed. and local governme 61 children by local and Objective 4: To engage in direct action to combat child labour through prevention, withdrawal, rehabilitation and re-integration of children withdrawn from child labour. Outputs Activities Objectively verifiable Means of Responsible Years of implementation (MK million) indicators verification agency 2020 2021 2022 2023 2024 2025 Total nt to international protect NGOs. and • Support the • No. of • MoGCDS • MoGCDS 1,000 1,000.0 rehabilitat construction of rehabilitation W reports. W e children .0 rehabilitation centres at risk of centres constructed. dropping out of school strengthe ned. • Househol • Advocate for • No. of households • MoGCDS • MoGCDS 20 20 40 ds of the Malawi with children at W reports. W children Social Cash risk of being in at risk of Transfer child labour or child Programme to engaged in child labour or target children included in the engaged engaged in cash transfer in child child labour or programme. labour at risk of child included labour. 62 in the • Provide cash • No. of children or • MoGCDS • MoGCDS 600.0 300.0 300.0 300.0 300.0 1,800.0 Cash transfers to families of W reports. W. Transfer children or children • MoLSI. Program families of withdrawn from me. children child labour. withdrawn from child labour. • Communi • Establish and • No. of CCLCs • DLO • MoLSI 340.0 170.0 170.0 170.0 170.0 1,020.0 ty level strengthen established/strengt reports. • District structures community hens. Councils such as level structures CCLC to such as CCLC. Objective 4: To engage in direct action to combat child labour through prevention, withdrawal, rehabilitation and re-integration of children withdrawn from child labour. Outputs Activities Objectively verifiable Means of Responsible Years of implementation (MK million) indicators verification agency 2020 2021 2022 2023 2024 2025 Total identify and withdraw children engaged in child labour strengthe ned. SUB-TOTAL OBJECTIVE 4 9311. 3477 3457 3457 3457 500 23662 6 .8 .8 .8 .8 .8 63 Objective 5: To mitigate the impact of chronic illnesses and HIV and AIDS in inducing Child Labour. Outputs Activities Objectively Means of Responsible Years of Implementation(MK’ million) verifiable Verification Agency Indicators 2020 2021 2022 2023 2024 2025 Total • Awareness • Scale up • Number of • MoLSI • MoLSI. 150.0 150.0 105.0 200.0 200.0 200.0 900.0 about HIV SCREAM children reports. and AIDS methodology reached with and child SCREAM labour methodology. improved through the SCREAM methodology. • Referral systems • Establish and • No. of • Reports • MoLSI 100.0 50.0 35.0 50.0 50.0 50.0 300.0 on HIV for strengthen children in from MoLSI • Other children referral child labour or and other stakeholders. identified and system for at risk of child stakeholders. at risk of children labour child labour identified referred. established and at risk of and child labour. strengthened. • Families • Link families • No of • Annual • 050.0 25.0 17.5 25.0 25.0 25.0 150.0 affected by affected by households SCTP reports MoGCDS HIV linked to HIV to social with children produced by W• MoLSI. social protection at risk of the protection mechanisms engaging in MoGCDSW. mechanisms. including child labour or SCTP. with children engaged in child labour. • Households • Train • No. of • Training • MoLSI. 240.0 120.0 840 120.0 120.0 120.0 1,320.0 affected by households households reports. • MoGCDSW. HIV trained affected by trained. • NGOs. on nutrition HIV on 64 Objective 5: To mitigate the impact of chronic illnesses and HIV and AIDS in inducing Child Labour. Outputs Activities Objectively Means of Responsible Years of Implementation(MK’ million) verifiable Verification Agency Indicators 2020 2021 2022 2023 2024 2025 Total and healthy nutrition and living. healthy living. SUB TOTAL OBJECTIVE 5 540 345 345 395 395 395 2415 65 Objective 6: To improve child labour information availability and accessibility. Outputs Activities Objectively Means of Responsible Years of Implementation(MK’ million) verifiable Verification Agency 2020 2021 2022 2023 2024 2025 Total Indicators • National child • Recruit a • M&E System • MoLSI • MoLSI 50.0 50.0 labour M&E consultant to developed. reports. system develop an developed and M&E system. implemented. • Capacity of • Build the • No. of DLOs • Training • MoLSI 20.0 20.0 40.0 DLOs to capacity of and other reports of the collect, DLOs to officers MoLSI. manage and collect, trained. analyse data manage and strengthened. analyse data on child labour. • NCLS • Conduct • NCLS • NCLS report. • MoLSI. 200.0 250.0 450.0 conducted. NCLS. conducted. • NSO. • Annual child • Produce • National Child • Availability of • MoLSI. 20.0 10.0 10.0 10.0 10.0 10.0 70.0 labour annual child Labour the bulletins. bulletins labour bulletins. produced. bulletins. • Impact studies • Identify areas • Number of • Assessment • MoLSI. 10.0 7.0 7.0 10.0 10.0 10.0 54.0 for the for assessing areas identified reports. • NGOs/CSOs. different the impact. for impact • ECAM/MCTU. interventions studies. • Academic aimed at institutions. eliminating child labour Conducted 66 • Undertake • Number of • Impact study • MoLSI. 200.0 100.0 200.0 200.0 200.0 200.0 1,100.0 impact impact study reports. • NGOs/CSOs. assessment studies • ECAM/MCTU. studies. conducted. • Academic institutions. Objective 6: To improve child labour information availability and accessibility. Outputs Activities Objectively Means of Responsible Years of Implementation(MK’ million) verifiable Verification Agency 2020 2021 2022 2023 2024 2025 Total Indicators • Disseminate • Impact studies • No. of • MoLSI. 10.0 10.0 10.0 15.0 15.0 15.0 75.0 the impact disseminated. dissemination • NGOs/CSOs. studies meetings. • ECAM/MCTU. results. • No. of • Academic participants in institutions. dissemination meetings. • Child labour • Develop the • Child labour • Child labour • MoLSI. 50.0 50.0 module child labour module module in • NSO. incorporated module. developed. place. • ECAM/MCTU. in • Academic Demographic institutions. Health Surveys. • Conduct • No. of • Minutes of the • MoLSI. 10.0 10.0 consultative consultative consultative • NSO. meetings with meetings meetings. NSO and conducted. other relevant stakeholders. • Validation • Child labour • Revised survey • NSO. 10.0 10.0 and module questionnaires • MoLSI. submission of incorporated in with child the child survey labour module labour questionnaires. incorporated. module to NSO 67 • National • Recruit a • Consultant • MoLSI • MoLSI. 50.0 50.0 database for consultant to recruited. reports. Child Labour, create the and link with database. other related national Objective 6: To improve child labour information availability and accessibility. Outputs Activities Objectively Means of Responsible Years of Implementation(MK’ million) verifiable Verification Agency Indicators 2020 2021 2022 2023 2024 2025 Total databases developed • Procure the • Necessary • Procurement • MoLSI. 110.0 70.0 80.0 260.0 necessary equipment and reports. equipment software and software. procured. • Conduct • No. of officers • Training • MoLSI 10.0 15.0 25.0 training. trained. reports. • Recruit and • Child labour • MoLSI • MoLSI. 10.0 10.0 20.0 train Labour data reports. data management management officer officer at recruited and district level. trained. • Input data • Reports • • MoLSI 5.0 5.0 5.0 5.0 5.0 5.0 30.0 periodically prepared. and prepare reports. SUB TOTAL OBJECTIVE 6 765 202 332 265 490 240 2294 68

Annex 2: Summary budget for the NAP II Priority area 2019 2020 2021 2022 2023 2024 2025 Total Policy and legislative environment 58.0 106.5 34.5 25.0 25.0 57.5 60.0 366.5 Capacity building 30.0 783.8 743.8 648.8 608.8 140.0 50.0 3,005.2 Awareness raising 161.0 86.0 95.0 180.0 103.0 102.0 102.0 829.0 Prevention, withdrawal, rehabilitation and re-integration of children withdrawn from child labour 4,853.8 4,477.8 3,457.8 3,457.8 3,457.8 3,457.8 500.0 23,662.8 Mitigating impacts of HIV and AIDS 245.0 295.0 345.0 345.0 395.0 395.0 395.0 2,415.0 Child labour information availability and accessibility 290.0 475.0 202.0 332.0 265.0 490.0 240.0 2,294.0 Total (Malawi Kwacha) 7,656.8 8,244.1 6,899.1 7,010.6 6,877.6 6,666.3 3,372.0 32,572.5 Total (US$) 10.5 11.3 9.5 9.6 9.4 9.1 4.6 44.7 69

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