2006 TRAFFICKING IN PERSONS REPORT - MALAWI

UNCLAS SECTION 01 OF 06 LILONGWE 000203

SIPDIS

SIPDIS

DEPARTMENT FOR G/TIP:RYOUSEY, AF/RSA:MHARPOLE, AF/S:GMALLORY
DEPARTMENT ALSO FOR G, INL, DRL, PRM, IWI,
USAID FOR AFR/SA:TFERRELL AND RLOKEN

E.O. 12958: N/A
TAGS: KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB EAID
MI
SUBJECT: 2006 TRAFFICKING IN PERSONS REPORT - MALAWI

REF: A. STATE 3836


B. 05 LILONGWE 888

C. 05 LILONGWE 729


1. SUMMARY. The Government of Malawi (GOM) continued to
make commendable progress in tackling trafficking in persons
(TIP) in 2005. TIP remained a relatively new concept for
Malawians. The GOM and the NGO community made significant
efforts to raise awareness among civil society, legislators
and law enforcement, and to address TIP. Their collective
efforts resulted in 13 prosecutions during the year. As
Malawi does not currently have specific laws outlawing TIP,
these cases were prosecuted using applicable kidnapping and
labor laws. Of the 13 child traffickers convicted, three
were sentenced to seven years imprisonment with hard labor
(ref B). The GOM continued to implement a multi-year
strategy to protect vulnerable children from exploitation
and develop a nationwide, inter-ministerial plan to identify
the nature of the problem in Malawi and possible solutions.
In 2005, the GOM provided services, including counseling and
reintegration assistance, for TIP victims. The GOM has
acceded to the Optional Protocols to Prevent, Suppress, and
Punish Trafficking in Persons, and drafted legislation to
specifically criminalize TIP. END SUMMARY.

Post provides the following information in response to
reftel A request. Answers are keyed to reftel paragraphs.


2. Paragraph 21. Overview of Malawi's Activities to
Eliminate Trafficking in Persons:


A. Malawi is a country of origin and transit for
internationally trafficked men, women, and children.
Numbers for each group are unknown. Some incidences of
trafficking have occurred within the country's borders.
There is little data to quantify the magnitude of the
trafficking problem in Malawi. Sources of available
information include various ministries, government
officials, NGOs, and church groups. Much of the information
is anecdotal but is generally considered reliable. Women
and children are the most vulnerable group for trafficking
exploitation.

The Ministry of Gender, Child Welfare and Community
Services, in cooperation with the Ministry of Home Affairs
and the Malawi Human Rights Commission, has developed plans
for a comprehensive study of the nature of human trafficking
in Malawi. Limited resources have delayed this project, and
various donors have been approached for funding. The
Ministry of Labor and Vocational Training is currently
seeking to develop a nationwide analysis of migration
patterns in cooperation with the National Statistics Office.
No new statistical data has been made available on a
nationwide basis, however a few issue-based surveys (labor
exploitation, for example) and region-specific studies have
revealed new information about the nature of human
trafficking in Malawi.


B. Impoverished rural populations are the primary targets
for traffickers, and this includes children, women, and some
men. Each particular type of trafficking involves a
different demographic, however poverty and lack of education
seem to be common factors among them all. Victims are
thought to be offered lucrative jobs either in other regions
of Malawi or in South Africa. New underage recruits into
prostitution are thought to be lured by other prostitutes,
though not necessarily deliberately. Victims are generally
moved using legitimate travel documents when necessary.
There is no evidence that Malawi is a destination country
for victims of trafficking. Anecdotal evidence indicates
there may be some prostitutes from Zambia and Tanzania
working in border areas; however these cannot be confirmed
as victims of trafficking. Persons have been trafficked
internally for labor and reportedly also to South Africa.
There have been no known changes in the direction or extent
of trafficking.

There is political will at all levels of government,
including the highest, to combat all forms of human
trafficking. With regard to its very limited resources, the
GOM is making a good-faith effort to address trafficking.
It is important to stress that TIP was a new concept to
Malawian authorities, including the Minister of Gender, as
recently as 2004. When informed of the country's Tier Two

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Watch List status in 2004, the President of Malawi
immediately called an inter-ministerial meeting to discuss
the problem and begin to address it. In broad terms, the
GOM has devoted considerable human and financial resources
to combating TIP, specifically in the area of prevention.


C. The practical limitations on the GOM's ability to address
TIP are many. Malawi is one of the world's poorest
countries and suffers severely from the HIV/AIDS pandemic.
Thirty years of dictatorship gave way in 1994 to ten years
of democratic rule, albeit it plagued by corruption. With a
new reformist president having assumed office in mid-2004,
the country is emerging as a possible political bright spot
in a region plagued by wars, disease, and poverty. Funding
for nearly all public institutions - police, hospitals, and
basic infrastructure - is inadequate. New corruption
controls and political motivation have realigned GOM
priorities, however, and reformist leadership is encouraging
increased accountability in governance. The government's
resources to aid victims are extremely limited, though some
assistance is provided through various social programs.


D. Systematic monitoring of human trafficking is still in
the initial phases of development. Since learning of the
country's Tier Two Watch List ranking 2004, the GOM has made
significant efforts to organize its counter-TIP efforts.
There are two committees which primarily monitor human
trafficking in Malawi: the National Steering Committee on
Orphans and Vulnerable Children and the National Steering
Committee on Child Labor. Because these committees are of
overlapping composition and issues, trafficking information
is included in both. The GOM is currently working on a plan
to better collect and disseminate such information among
relevant ministries and agencies.


3. Paragraph 22. Prevention:


A. The GOM acknowledges that TIP is a problem in the
country.


B. A wide variety of GOM agencies are involved in anti-
trafficking efforts. The Ministry of Gender, Child Welfare
and Community Services, the Ministry of Home Affairs and
Internal Security (which includes police and immigration
services) and the Ministry of Labor and Vocational Training,
along with the Malawi Law Commission, The Malawi Human
Rights Commission, and the Director of Public Prosecution
have been the most significant roles.


C. During the reporting period, the Ministry of Gender
launched a long-term national action plan for the protection
of orphans and vulnerable children which includes elements
of anti-trafficking awareness and prevention, and the
Ministry of Labor increased its efforts to prevent child
labor. These activities have been well publicized. During
the reporting period, the GOM conducted awareness campaigns
to address a variety of TIP's root causes, including child
abuse, orphan care and life-skills, child labor, female
literacy and education, and gender-based violence and
equity. The GOM routinely conducts programs which reduce
vulnerabilities for TIP. During the year, the GOM
distributed a National Code of Conduct on Child Labor, which
it published in the papers and distributed to farm owners.
With support from UNICEF, the Norwegian Embassy and the
Swedish International Development Agency (SIDA),the GOM in
2005 produced and distributed 10,000 posters and 20,000
pamphlets to schools, district social welfare agencies,
hospitals and youth clubs throughout the country to educate
the public on various forms of child abuse, including
exploitative child labor and sex trafficking. The Malawi
Human Rights Commission conducted awareness raising
campaigns targeted at potential victims.


D. See paragraph 3C.


F. The relationship between the GOM and NGOs, donors, and
civil society in the context of human trafficking is strong.
Due to very limited resources, the GOM must often rely on
partnerships with such groups in order to implement
initiatives. The GOM does not place unreasonable
bureaucratic requirements on groups wishing to implement
assistance and development programs. GOM officials are
routinely made available to help publicize and oversee civil
society initiatives.

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G. The GOM makes a considerable effort to monitor its
borders, though these efforts are limited by resources and
capacity. All immigration officers receive comprehensive
basic training which includes identification of trafficking
situations. In 2005, border patrol officers and police
received additional TIP training. When TIP cases arose,
officers contacted other ministries/agencies for guidance.
This cooperation led to the 2005 arrest and conviction of
three child traffickers along the Malawi-Zambian border in
2005 who were sentenced to seven years in prison (ref B).


H. There is an inter-ministerial committee which meets
regularly to discuss issues of trafficking. The GOM is
currently involved in a large-scale anti-corruption
movement, which encompasses all levels of government and
civil service. Corruption matters are handled by the Anti-
Corruption Bureau (ACB).


J. The GOM is working on development of a national plan of
action to specifically address trafficking. The development
of this plan is complicated by the lack of data on all forms
of human trafficking, and the GOM's initial steps in this
process include a large-scale study on the problem. As
noted in paragraph 2B, TIP is a relatively new concept in
Malawi, and though the GOM has long been working to address
some of the aspects of TIP (specifically child labor and
underage prostitution) it is only now beginning to fully
understand the global and local significance of the problem.
As described in paragraph 3C, the GOM has developed and
implemented a plan to address the root causes of
trafficking, which in practice is a preventative measure.


4. Paragraph 23. Investigation and Prosecution of
Traffickers:


A. The constitution prohibits slavery and servitude, and
forbids any form of forced, tied, or bonded labor.
According to the Malawi Law Commission, in spite of the fact
that the Constitution cannot directly be used to prosecute
offenders, reference to the constitution has in the past
been essential in prosecuting certain cases related to
trafficking. The penal code contains specific offenses
which may be used to prosecute traffickers: Article 135
prohibits abduction, Article 140 prohibits the "procuration
(or attempts to procure) any woman or girl to become, either
in Malawi or elsewhere, a common prostitute or to leave
Malawi with the intent that she may become an inmate of or
frequent a brothel in Malawi or elsewhere." Article 141
prohibits the procurement and defilement of a woman or girl
by threats, fraud, or administering of drugs. Article 143
criminalizes any person who detains any woman or girl
against her will "that she may be unlawfully and carnally
known by any man." Living off of the proceeds of
prostitution and operating a brothel are illegal according
to Articles 145-147. In 2005, child labor and kidnapping
laws were used convict three child traffickers to seven
years in prison with hard labor (ref B). Although existing
laws are considered adequate for the prosecution of TIP, the
lack of specific legislation criminalizing TIP makes
prosecution more challenging. The Malawi Law Commission is
currently developing a new law to specifically criminalize
trafficking of all types.


B. Penalties for trafficking for sexual exploitation as
delineated under the existing penal code vary according to
the different articles, but are largely unspecified.
Penalties for child labor violations vary according to the
specific charges.


C. Penalties for rape include life imprisonment and
possible death. (Note: No death sentences have been carried
out in Malawi's democratic history.) Rape is a felony,
while the charges listed in paragraph 4A (except abduction)
are misdemeanors.


D. Certain elements of prostitution are illegal; however
the penal code does not specifically prohibit the
prostitution of oneself. Suspected prostitutes are
sometimes cited for loitering or disorderly behavior.
Several sections of the penal code specifically criminalize
the activities of brothel owners/operators, clients, pimps,
madams, and prostitute recruiters. See paragraph 4A.


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E. The Government prosecuted a number of trafficking cases
during the year, all of which were related to child
trafficking. In September 2005, a Malawian court sentenced
two Malawians and a Zambian man to seven years imprisonment
with hard labor for attempting to smuggle five young boys
across the border into Zambia to work on tobacco estates
(ref B). Earlier in the year, a Zambian man found guilty of
trafficking ten minors to work on a tobacco farm was
required to compensate the victims and cover the cost of
repatriation to their home villages. The Ministry of Labor
reported nine additional cases during the year in which
employers were prosecuted and required to pay fees (ref C).
Most of the perpetrators were farm owners who hired young
children to herd cattle or work on tobacco estates. Half of
these cases were reported by community labor committees and
half by labor officers.

These cases were prosecuted as human trafficking offenses,
though in the context of labor violations. The increase in
convictions reflects a shift in focus by the Ministry of
Labor from labor education to labor enforcement. In 2004
regional labor inspectors gained the authority to initiate
and conduct investigations and to press charges. Since that
time, the Ministry of Labor has removed and provided
assistance for several children in exploitive situations.
No cases of trans-national or domestic TIP for purposes of
prostitution or forced sexual servitude were brought to the
GOM's attention during the reporting year.


F. There is little clear information on who is behind human
trafficking in Malawi. GOM officials and NGO workers
speculate that internal trafficking is committed by
transporters and opportunistic "businessmen" seeking to find
cheap labor for farms. The few anecdotal reports of
international trafficking blame local and international
businesswomen and businessmen, possibly with connections to
trafficking rings in South Africa and other African
countries.


G. The GOM actively investigates cases of trafficking when
appropriate. Resources and capacity to conduct covert and
high-tech operations are extremely limited, though would be
legal.


H. The GOM provides basic counter-TIP training to all
immigration officers and police. However, the GOM is
currently seeking additional training for law enforcement
officers to be able to recognize the more insidious
manifestations of human trafficking. Outside resources for
this training will initially be necessary, however according
to the Ministry of Home Affairs, will be incorporated into
routine training for all officers. Labor inspectors
conduct routine inspections and compliance certifications of
tea and tobacco estates, the most common violators of child
labor laws, and are trained to identify and investigate
possible cases of child labor. In February 2006, the Malawi
Law Commission trained judges on the impacts of child
trafficking and highlighted existing laws that can be used
to effectively prosecute trafficking cases. They also
discussed with them the need for specific TIP legislation.
Foreign adoption cases are carefully scrutinized and the
prospective parents must meet a series of requirements
before provisional custody can be granted.


I. The GOM, through the Ministry of Home Affairs and
Internal Security, is a member of INTERPOL and SADC's
Defense and Security Organization which deals with
trafficking. No information is available about the exact
number of cooperative international investigations. In 2004
the GOM hosted an International Organization for Migration
(IOM) forum on human trafficking in the Southern-African
region. Part of the IOM's Migration Dialogue for Southern
Africa, this three-day workshop facilitated a comprehensive
discussion of regional trafficking and the need for
increased cooperation. In 2005 several senior GOM officials
attended regional IOM meetings.


J. GOM officials indicate that persons charged with
trafficking in other countries would be extradited in cases
where such action would be appropriate. The GOM has not
been presented with these circumstances during the reporting
year.


K. There is no evidence of government involvement or

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tolerance of trafficking at any level.


L. Not applicable.


M. Anecdotal reports indicate there may be some sex tourism
occurring in Malawi, primarily along the lakeshore area of
Lake Malawi, though do not indicate the presence of an
actual "industry". Unconfirmed reports indicate that
teenage boys have, in the past, provided sexual services for
visiting European tourists. During the reporting year, the
GOM was not presented with the opportunity to prosecute any
cases related to these possible activities, though officials
consistently prosecute pedophiles under a variety of laws.
Since homosexuality is illegal and remains generally
socially unacceptable in Malawi, prosecutions for this type
of prostitution and solicitation could include charges of
homosexual acts.


N. The GOM acceded to the Protocol to Prevent, Suppress,
and Punish Trafficking in Persons in February 2005. ILO
Conventions 182, 29, and 105 were ratified by the GOM on
November 19, 1999. The Optional Protocol to the Convention
on the Rights of the Child was signed by the GOM on
September 7, 2000.


5. Paragraph 24. Protection and Assistance to Victims:


A. The government provides some assistance, commensurate
with its limited resources and capacity, to victims of
trafficking. In partnership with NGOs and UNICEF, the
government provided counseling, rehabilitation and
reintegration services for abused and exploited children,
including those involved in prostitution. Community-based
services are provided using volunteers organized by the
Ministry of Gender. The GOM operates one juvenile offender
rehabilitation center and one center for abused and
exploited children, and has begun the process of expanding
to a second facility in another region of the country.
These facilities offer counseling and rehabilitation
services. The GOM plans to open a drop-in center for
victims of TIP and gender-based violence in March 2006.


B. The GOM's resources to provide funding for NGOs are
extremely limited; rather it is NGOs that assist the
government in the provision of such services. However, in
at least one case the GOM has provided buildings or other
necessities for NGO use in anti-TIP activities.


C. GOM officials have a solid network of NGOs to turn to
for assistance with victims' services. Police are trained
to handle sexual assault and child abuse cases with
compassion and procedures are in place to prevent further
exploitation of victims. Police stations nationwide are
equipped with victims' support units, though in practice
these services are limited by lack of resources.


D. The rights of victims are generally respected. There
are no reports of victims treated as criminals.


E. The GOM uses evidence gained from victims to investigate
and prosecute TIP-related cases. Victims are permitted to
file civil suits against perpetrators, and civil society has
in the past been quick to offer pro-bono legal services to
victims involved in civil and criminal cases. Labor
Inspectors and Child Protection Officers are trained to
advocate for fair remuneration to employees, especially
children, in labor disputes and court cases.


F. Police protection is afforded to witnesses in any court
case, as appropriate. The GOM provides some funding,
commensurate with its resources and capacity to do so, for
shelters for abused and exploited women and children. See
paragraph 5A.


G. The GOM has to date trained nearly more than 240 child
protection officers and placed them in each district of the
country. These officers are specially trained to recognize
child victims of all forms of exploitation, including
trafficking. During the reporting period, the GOM conducted
district-level sensitization meetings to educate child
protection officers, social welfare workers, law
enforcement, immigration officers, prosecutors and judges on
how best to combat TIP and effectively prosecute cases using
existing laws. Repatriation to a victim's home district in

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cases of domestic labor trafficking is usually accomplished
through interministerial cooperation and includes some
element of community-based assistance in reintegration.
Malawian Embassies abroad actively encourage Malawian
expatriates to register with the consular section.


H. Repatriated victims of trans-national trafficking
generally arrive from South Africa and the GOM provides some
assistance, commensurate with resources, to victims. Large
numbers of illegal Malawian migrants are deported from South
Africa each month at GOM expense, and it is thought that
some trafficking victims could be among them.


I. Some of the international organizations and NGOs working
with trafficking victims include UNICEF, NORAD, local and
international NGOs, church groups, and informal community-
based volunteer groups. The GOM and such groups enjoy a
mutually beneficial relationship, which enhances the
benefits to victims.


6. Paragraph 25. TIP HERO: Post nominates the Minister of
Gender, Child Welfare and Community Services Joyce Banda as
a hero in the fight against TIP. Banda has devoted her life
to the promotion of the economic and social status of women
and girls, and is an influential advocate for improving the
quality of life in Malawi by empowering thousands of women
to become economically self-reliant. Frustrated by red tape
she encountered as a secretary, Banda founded the National
Association of Business Women (NABW) in order to boost the
status of all women by giving them access to credit,
training, information, markets and appropriate technology.
So far, NABW has mobilized more than 15,000 women
countrywide, disbursed US$2,000,000 in loans, and trained
12,000 women to run their own businesses. In 1997 Banda
established the Joyce Banda Foundation for Better Girls'
Education, which aims to keep young girls, especially
orphans, in school. To date, Banda's foundation, which she
personally provides funding for, has financed the education
of thousands of children, decreasing their vulnerability to
exploitation and poverty. Complete information is available
at www.jbf.clcom.net. Banda has consistently worked to raise
awareness of human trafficking within the GOM and has
quickly and efficiently responded to the problem - and its
root causes - with strong leadership and advocacy. Her
influence and attention to TIP generated a significant
cultural shift within the Ministry of Gender, Child Welfare
and Community Service, which previously resisted any
possibility of TIP in Malawi, and has resulted in the
recognized need for new prevention and protection programs
throughout the nation. (Note: Post has vetted Joyce Banda
through its consular database and found no visa
ineligibilities or derogatory information.)


7. Paragraph 26. TIP Best Practices: To enhance its ability
to combat child trafficking, the GOM has recruited district
child protection officers and conducted countrywide
sensitization meetings to educate rural communities on TIP.
Informative posters and brochures have helped to raise
awareness among the most sensitive populations. Villagers
in the central Malawi town of Mchinji who learned to
recognize trafficking activities through this education
campaign notified local authorities of a suspicious man
attempting to cross the border with a group of children. An
investigation ensued and the man was convicted and sentenced
to seven years imprisonment with hard labor.


8. Post POC for TIP issues is Consular/Political Officer Pam
DeVolder, phone 265-1-773-166 x. 3411, IVG 835-3411, fax 265-
1-794-976. Time spent on TIP report: principal drafting,
Con/Pol Officer, 30 hours; Clearance: RSO, 1 hour; USAID, 1
hour; DCM, 1 hour; AMB, 1 hour.

EASTHAM