GOM DISSATISFIED WITH TIP REPORT

UNCLAS SECTION 01 OF 02 LILONGWE 000868

SIPDIS

E.O. 12958 N/A
TAGS: KCRM KWMN PHUM PGOV SMIG MI
SUBJECT: GOM DISSATISFIED WITH TIP REPORT

REF: A) LILONGWE 723 B) STATE 184081


1. In a Note Verbale dated August 20, the GOM has once
again expressed its dissatisfaction with its Tier 2 - Watch
List ranking. As reported in reftel A, the GOM takes issue
with the content of the 2004 TIP report and maintains it
has taken necessary steps to combat TIP in the country.


2. Text of Note Verbale:

The Ministry of Foreign Affairs of the Republic of Malawi
presents its compliments to the Embassy of the United
States of America and has the honor to refer to the Report
issued by the United States of America State Department on
the situation of Human Trafficking and Prostitution in
Malawi.

The Ministry wishes to repeat concerns already conveyed to
the esteemed Embassy on the claims made in the Report and
reiterate the same does not reflect the reality of the
situation in the country. Specifically, the Ministry
observes that the Report, which erroneously categorizes
Malawi as a TIER 2 Watch List Country, is exaggerated and
not professionally done. The Report is debatable and not
substantiated by a list of identifiable interviewees,
credible sources or reliable statistics.

The Ministry has consulted various agencies in the country
that are experts on this but failed to find any information
that could support the picture painted by the Report.
There may have been in the past a few isolated incidences,
and there are bound to be some few cases in the future, but
it is contended that the situation has not escalated to the
extent portrayed by the Report.

Malawi has [an] effective legal regime, which is capable of
adequately addressing the problem of human trafficking and
prostitution. Specifically, the Constitution and Penal
Code have a Chapter exclusively dealing with Offenses
Against Morality. It covers offences such as Prostitution;
Leaving [sic] on Earnings of Prostitution; Taking People
Either Within or Outside Malawi for Prostitution; Taking
People Away to be in Brothels Whether Willingly or Against
Their Consent; among other offences.

The Ministry also notes that Malawi has signed critical
Conventions and Protocols aimed at addressing the problem
of human trafficking and prostitution including the
following:
(i) The Convention for the Suppression of Traffic in
Persons and of the Exploitation of the Prostitution of
Others, adopted in New York, in March 1950.
(ii)Final Protocol to the Convention for the Suppression of
the Traffic in Persons and of the Exploitation of the
Prostitution of Others, New York 1950.

The Ministry further wishes to correct the impression that
the Penal Code Bill which was presented to Parliament was
withdrawn. Instead, Members of Parliament asked for more
time to study the Penal Code (Amendments) Bill No. 12 in
order to appreciate certain concepts which they found novel
and inconsistent with cultural values. The Bill will be
re-introduced at an appropriate time once Members of
Parliament have finalized consultations. It is pertinent
to mention, however, that the Amendment Bill No. 12 was
merely aimed at addressing mutations and permeations of the
offence. The Government of Malawi strongly feels it has
adequate provisions to prosecute any persons engaging in
human trafficking or prostitution.

Malawi is committed to stop and stamp out human trafficking
and prostitution, and will leave no stone unturned in its
quest to fight organized crimes of this nature.

The Ministry reiterates that Malawi is ready and willing to
work with any agency which has credible information that
would help, if any, in cracking down on any known or
identifiable gangs or groups of persons in human
trafficking or prostitution.

Further, the Government welcomes experts, if any, who have
information on the purported inadequacies of its laws other
than the way it is proposed to improve the efficiency by
sealing loopholes and technicalities in the legislation.

The Ministry refutes the claim made in the Report which
seem to be premised on a single incident, which took place
some five or more years ago. If anything, the Government
of the Republic of Malawi has been blamed by Human and
Women Rights groups for its uncompromising stance against
prostitution. It is frustrating and ironic for a country
with such determination in its fight against prostitution
to be placed in a TIER 2 Watch list.

The Ministry would, accordingly, appreciate a review of its
case based on the real situation as exists on the ground so
that a genuine classification is given.
(Standard Complimentary Closing)

End text of Note Verbale.


3. COMMENT. The new government of President Mutharika is
clearly taking this issue very seriously. The President
called an interministerial meeting on July 28 to discuss
the report with representatives of the ministries of Home
Affairs, Foreign Affairs, Justice, and Gender, Child
Welfare, and Community Services. The Foreign Minister has
personally assured us that appropriate legislation and
international instruments will be brought into force. The
Minister of Gender, Child Welfare, and Community Services
will for the first time be present at the UNGA, likely in
response to the report and the USG's anti-trafficking
agenda there.


4. COMMENT CONTINUED. The GOM has already begun action on
some of the items in reftel B, but lack of resources will
make it difficult to fully achieve all of the goals set out
by G/TIP. Civil society, international donors, and NGOs
will be necessary partners in implementing these laws and
developing capacity to assist victims. If the GOM proposes
effective TIP laws to Parliament and ratifies the
international instruments, then we believe that Malawi will
merit Tier Two with no/no Watch List. END COMMENT

RASPOLIC