2007 TRAFFICKING IN PERSONS REPORT - MALAWI

UNCLAS SECTION 01 OF 07 LILONGWE 000161

SIPDIS

SIPDIS

DEPARTMENT FOR G/TIP - RYOUSEY
DEPARTMENT ALSO FOR AF/RSA - MHARPOLE AND AF/S - KMATHUR
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: 2007 TRAFFICKING IN PERSONS REPORT - MALAWI

REF: A) 06 STATE 202745 B) 06 LILONGWE 966


1. SUMMARY. Since achieving Tier 1 status in 2006, the
Government of Malawi (GOM) has continued to make noteworthy
progress in tackling trafficking in persons (TIP) despite
its severely limited human and financial resources.
Although TIP remained a relatively new concept for
Malawians, the GOM and the NGO community made significant
efforts during the reporting period to raise awareness
among civil society, legislators and law enforcement, and
to address TIP. Their collective efforts resulted in 10
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 10 child traffickers convicted, one was sentenced to
six years' imprisonment with hard labor after he pleaded
guilty to attempting to sell two young people to
businessmen (ref B). The GOM continued to implement a
multi-year strategy to protect vulnerable children from
exploitation and to develop a nationwide, inter-ministerial
plan to delineate the broader issue of trafficking and
identify possible solutions. In 2006, 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 folloing information in response to
reftel A request. Answers are keyed to reftel paragraphs.


2. Paragraph 27. 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. Rources 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 Women and Child Development, 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,

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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 former
Minister of Gender, as recently as 2004. When informed of
the country's Tier 2 Watch List status in 2004, the
President of Malawi immediately called an inter-ministerial
meeting to discuss the problem and began 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 plagued by corruption. With a
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. After learning of the
country's Tier 2 Watch List ranking in 2004, the GOM 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 TIP information
among relevant ministries and agencies.


3. Paragraph 28. 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 Women and Child
Development (formerly 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 the most significant roles.


C. During the reporting period, the Ministry of Women and
Child Development continued to implement a long-term
national action plan for the protection of orxhans 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,
inadequate orphan care and life-skills, child labor, female
illiteracy and low education rates, and gender-based
violence and discrimination. The GOM routinely conducts
programs which reduce vulnerabilities for TIP. The GOM
continued to distribute the 2004 National Code of Conduct
on Child Labor to farm owners, and continued to distribute
posters and 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.


E. 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

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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.


F. 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 2006, border patrol officers and police
received additional TIP training. When suspicious cases
arose that might constitute trafficking, officers contacted
other ministries/agencies for guidance. For example, in
February 2007 immigration officers acting on an anonymous
tip intercepted a fuel tanker at the Mozambican border
transporting 46 Ethiopian and Somali men. The chief
immigration officer contacted the United Nations High
Commissioner for Refugees (UNHCR) country representative,
who verified that the men were registered asylum seekers
who were apparently attempting to be smuggled out of theQ
country. The driver was convicted under the road traffic
law for transporting humans in a non-passenger vehicle and
required to pay a fine of MK 300,000 (USD 2,140) or serve a
one-year prison sentence.


G. As described in section 2D, there are two inter-
ministerial committees which meet 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).


H. 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, hence the GOM's initial
steps in this process include conducting a large-scale
study on the problem. As noted in section 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 undmrage prostitution) it is
only now beginning to fully understand the global and local
significance of the problem. As described in section 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 29. Investigation and Prosecution of
Traffickers:


A. The constitution prohibits slavery and servitude, and
forbids any form of fovced, 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 any0man." Living off of the proceeds of
prostitution and operating a brothel are illegal according
to Articles 145-147.

In 2006, child labor and kidnapping laws were used to
convict 10 child traffickers, one of whom was sentenced to
six years in prison with hard labor (ref B). The majority
of these cases involved trafficking of children for
agricultural labor exploitation and cattle herding. Some
traffickers were required to pay fines; however, some who
claimed ignorance of the law were merely warned and
released. Although existing laws are considered adequate
for the prosecution of TIP, the lack of specific
legislation criminalizing TIP makes prosecution more

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challenging. The Child Care, Protection and Justice Bill,
which defines child trafficking and sets life imprisonment
penalties for convicted traffickers, has been reviewed by
cabinet and is expected to be tabled by parliament in 2007.
The Malawi Law Commission is now developing additional
legislation 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.


C. As described previously, most of the trafficking cases
that have been prosecuted in Malawi involve forced child
labor. Penalties for child labor violations vary according
to the specific charges.


D. 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 section 4A (except
abduction) are misdemeanors.


E. 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 section 4A.


F. The Government prosecuted a number of trafficking cases
during the year, all of which were related to child
trafficking. In October 2006, a Malawian court sentenced a
Mozambican man to six years' imprisonment with hard labor
after he pleaded guilty to attempting to sell two young
people to businessmen (ref B). The Ministry of Labor
reported nine additional cases turing the year in which
employers were prosecuted and required to pay fees (ref B).
Most of the perpetrators were farm owners who hired young
children to herd cattle or work on tobacco farms. Roughly
half of thece cases were reported by community labor
commmttees and half by labor officers. Some traffickers
who claimed ignorance of the law were merely warned and
released. Some traffickers were required to compensate the
victims and cover the cost of repatriation to their home
villages.

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 law education to labor law 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, and has increased inspections, particularly on
agricultural estates, due to the continued prevalence of
child labor in Malawi's agricultural sector. Forty
additional labor inspectors were hired in 2006, and 18 more
are currently being recruited.

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.


G. There is little clear information on who QQ 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.


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


I. The GOM provides basic counter-TIP training to all
immigration officers and police. In August 2006, the

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Malawi Police Service conducted a two-day child protection
orientation for district police commanders and a two-week
training-of-trainers workshop for 16 child protection
officers from the police community. Pending availability
of outside resources, the GOM plans to provide more
advanced training in the future to all law enforcement
officers to enable them to recognize the more insidious
manifestations of human trafficking.

During the reporting period, the Ministry of Labor and
Vocational Training (MOLVT) hired and trained forty
additional labor inspectors to identify and investigate
possible cases of child labor, bringing the total number to

148. In August and December, the MOLVT conducted
sensitization workshops for district labor officers and
trained them on the roles of the judiciary, NGOs, police,
and labor officers in child trafficking. The government
continued to participate in a three-year International
Labor Organization project to withdraw and prevent children
from engaging in hazardous work on tobacco farms and
domestic service. The MOLVT conducted child labor "open
days" in six districts and conducted six sensitization
workshops in 2006 for school teachers and estate owner{ on
Malawi's labor code, with particular emphasis on child
labor.

With support from UNICEF, the Ministry of Women and Child
Development trained 240 child protection workers throughout
the country during the year. The MOLVT also established 60
additional community child labor committees in six
districts. Limited resources continue to hamper government
inspection efforts. As a result, the GOM has relied on
external assistance from community volunteers. In 2006, an
additional 55 child labor youth activists in rural areas
received training to assist with labor monitoring and
reporting on child labor using the 2004 child labor code of
conduct. A local NGO trained 40 child protection officer
volunteers to assist victims and report cases to the
authorities.

The Malawi Law Commission continued to train judges on the
impacts of child trCfficking and highlighted existing laws
that can be used to effectively prosecute trafficking
cases. They also discussed with them the critical need for
comprehensive TIP legislation, which the Law Commission is
actively drafting. In 2007 the Malawi Law Commission, in
conjunction with the Millennium Challenge Corporation (MCC)
resident legal adviser in Malawi, plans to provide
additional TIP training for prosecutors and judges.


J. 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. Since that time, the GOM
has maintained a dialogue with the IOM, and has indicated
interest in developing an IOM country program in Malawi.
In 2006 several senior GOM officials attended regional IOM
meetings.


K. GOM officials indicate that persons charged with
trafficking in other countries would be extradited in cases
where such action would be appropriate. The GOM was note
presented with these circumstances during the reporting
period.


L. There is no evidence of government involvement or
tolerance of trafficking at any level.


M. Not applicable.


N. Anecdota, reports indicate there may be some sex
tourism occurring in Malawi, primarily along the lakeshore
area of Lake Malawi, however they 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

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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.


O. 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 30. 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 Women and Child Development. 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. In 2006 the GOM opened a drop-in
center in Lilongwe for victims of TIP and gender-based
violence. The recently-opened drop-in center currently
serves approximately 50 victims of trafficking and sexual
violence, including two women who reside there
indefinitely. Proposed drop-in centers in the southern and
northern regions have reportedly not yet opened due to a
shortage of supplies.


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 victim 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
investiga4e 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
section 5A.


G. The GOM has to date trained more than 240 child
protection officers and placed them in each district of the
country. They have recently recruited an additional 160
officers (bringing the total number to 400),who will
receive training this year. 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.

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Repatriation to a victim's home district in 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 exp!triates to
register with the consular section.


H. Repatriated victims of trans-netional 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 31. TIP HERO: Post nominates the Minister of
Foreign Affairs and International Cooperation (and former
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 cy
empowering thousands of women to become economically self-
reliant. Frustrated by red tape she encountered as a
secretary, Banda founded the National Association of

SIPDIS
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 30,000 women countrywide,
disbursed thousands of dollars in loans, and trained more
than 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. The foundation, which she
personally provides funding for, has financed the education
of thousands of children, decreasing their vulnerability to
exploitation and poverty. 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 significantQcultural shift within the Ministry of Women and Child
Development, which previously resisted any possibility of
TIP in Malawi, and has resulted in the recognized need for
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 32. TIP Best Practices: To enhance its
ability to combat child trafficking, the GOM has recruited
400 child protection officers to serve in each district of
the country. These officers are specially trained to
recognize child victims of all forms of exploitation,
including trafficking, to raise awareness of such
exploitatioj at a grass-roots level, and to provide
reintegration assistance for trafficking victims. They
serve a critical role in monitoring communities for
trafficking; approximately half of the reported trafficking
cases are identified by these officers.


8. Post POC for TIP issues is Political and Economic
Officer Pam DeVolder, phone 265-1-773-166 x. 3406, IVG 835-
3406, fax 265-1-794-976. Time spent on TIP report:
principal drafting, Pol/Econ Officer, 30 hours; Clearance:
RSO, 1 hour; DCM, 1 hour; AMB, 1 hour.

EASTHAM