US embassy cable - 04LILONGWE199

UNCLAS SECTION 01 OF 04 LILONGWE 000199 
 
SIPDIS 
 
DEPT FOR G/TIP, G, INL, DRL, PRM, IWI, AF/RA 
DEPT PLEASE PASS TO USAID 
 
E.O. 12958: N/A 
TAGS: PHUM, KCRM, KWMN, SMIG, KFRD, ASEC, PREF, ELAB, MI, Human Rights/Trafficking 
SUBJECT: MALAWI 2003 TIP REPORT 
 
REF: STATE 007869 
 
1.  SUMMARY.  Based on a review of GOM practices, 
interviews with civil society groups, GOM officials, and 
press accounts, Malawi should not be designated as a 
country of origin, transit, or destination of the most 
severe forms of international trafficking in significant 
numbers of men, women, or children for 2003-2004. Post 
responses are keyed to cable checklist (reftel). END 
SUMMARY. 
 
2. Post Contact Information 
Post point of contact for TIP issues is Consular-Political 
officer Kiera Emmons, office phone 265-1-773-166 ext 3411, 
fax 265-1-774-976.  Estimated time spent per officer in 
preparation of this report are as follows: Con-Pol Officer 
- 8.0; RSO - 0.5 review, DCM - 2.0 review, Ambassador - 1.0 
review. 
 
3. Overview 
A.  Malawi is a country of origin and a destination country 
for international trafficking in women and children, but 
there is insufficient data to qualify it as a country with 
a significant number of victims of severe forms of 
trafficking as defined by legislation. Various sources 
agree that some trafficking likely occurs within the 
country's borders, primarily from the northern region to 
various locations along the lakeshore for purposes of sex- 
tourism.  No reliable estimates exist regarding the extent 
of the problem.  Sources of information include one non- 
governmental organization; the Malawi Human Rights 
Commission; the Ministry of Gender, Youth, and Community 
Services; and a 2003 International Organization for 
Migration (IOM) report.  None are completely reliable and 
Malawi-based research on the topic is scant. Certain groups 
have been identified as more at-risk, primarily young women 
and girls, and secondarily adolescent boys. 
 
B.  There are some reports of persons trafficked from 
Zambia to Malawi. Persons are reportedly trafficked from 
Malawi to South Africa, Zambia, Tanzania, and Europe 
(specifically the U.K., Germany, and the Netherlands). The 
GOM believes that most persons are trafficked to South 
Africa, though in previous years there have been a few 
known cases of trafficking to Europe. 
 
C.  No known changes in direction of trafficking. Reports 
indicate an increase in extent of trafficking, however this 
may be attributed to an increase in reporting on the 
problem. 
 
D.  No efforts are currently underway to examine the 
problem in Malawi. In FY03 the one NGO dealing with TIP in 
Malawi applied for but was not granted USG funding to study 
and address the issue. The 2003 IOM report, released in 
April 2003, was not available for use in last year's 
report. 
 
E.  Malawi has not been a destination for trafficking, but 
recent anecdotal evidence suggests that women trafficked 
from Zambia are working in brothels on the outskirts of 
Lilongwe and Blantyre. It is unclear what methods are used 
to ensure compliance, however the depressed economy and 
lack of opportunities for women and girls imply that 
compliance would be accomplished by remuneration. 
 
F.  Primary trafficking targets are young women and girls. 
On occasion boys have reportedly been trafficked within the 
country.  The traffickers have been reported as local or 
neighboring-nation businesswomen, working in collaboration 
with men. Truck drivers have also been implicated in 
trafficking of women and girls to South Africa.  Some 
sources indicate an international trafficking syndicate may 
be operating in Malawi .  Young women and girls have 
reportedly been approached in public places, near schools, 
and at bus stops by women and men offering them jobs in 
fashion, food service, and domestic fields abroad.  Various 
sources report that in the North, along the Tanzanian 
border, young girls are sold or traded to tribal chiefs and 
transported to other villages. 
 
G.  There is political will to combat the problem of TIP, 
though it is by no means the most pressing item on the GOM 
agenda. The GOM does not have funding or resources to 
seriously address the issue. Legislation to criminalize TIP 
was introduced to Parliament in 2003 but not passed. 
Periodically, government officials will publicly denounce 
trafficking. Since 2001, seven cases involving trafficking 
have been prosecuted in Malawi, though trafficking is not 
in itself a crime. Malawi is able to devote little of its 
scarce resources to trafficking, though efforts are 
underway to improve border security and professionalism of 
immigration officials. (NOTE: Post is hopeful that 
legislation to criminalize trafficking will receive 
attention from Parliament in 2004, and will advocate for 
passage of such legislation with the new government 
following 2004 elections.  END NOTE) 
 
H.  No government officials are known/suspected to be 
directly involved in TIP, but one Malawi government 
official commented that immigration officers likely don't 
recognize trafficking for what it is, and noted that 
traffickers may be able to take advantage of this lack of 
awareness and bribe border officials to allow young girls 
to transit undocumented.  While not complicit, leaders have 
been unable to devote sufficient attention to the matter. 
It is possible that international transport of victims 
occurs through the acquisition of illegitimate - but 
usually genuine - passports or use of one passport by 
multiple victims. Extremely porous borders also contribute 
to the problem. To date, no government officials have been 
prosecuted for involvement in trafficking, but the GOM is 
making attempts to tighten border controls and prevent 
passport fraud. 
 
I.  Funding and training for police and immigration forces 
is insufficient, and law enforcement officials are often 
accused of corruption.  The government generally lacks 
resources to assist trafficking victims, but the Malawi 
Human Rights Commission and the Ministry of Gender and 
Community Services have, in the past, been able to provide 
nominal assistance in the repatriation of trafficking 
victims. 
 
J.  The government is severely limited in its ability to 
systematically implement and monitor anti-trafficking 
efforts. 
 
K.  It is against the law to receive money gained through 
prostitution of others.  Thus, ownership of a brothel, for 
example, is illegal, while the act of prostitution is not. 
Prostitution is common, and law enforcement is limited in 
its capacity and willingness to block prostitution. 
 
L.  The practice of buying and selling child-brides occurs 
in Malawi, but is not common. Some tribes, particularly in 
the North of Malawi along the border with Tanzania, engage 
in activities where young girls are traded for land, 
livestock, and other commodities when money is not 
available. Malawian men are not known to travel 
internationally in order to purchase child-brides. 
 
4.  PREVENTION 
A.  The Government of Malawi has acknowledged that 
trafficking exists, and largely blames foreigners.  Without 
specific data and adequate resources, the GOM has been 
largely unable to address the problem. 
 
B.  Cases relevant to trafficking have previously been 
handled by the Ministry of Gender and Community Services 
(MOGCS). The Malawi Human Rights Commission has also 
informally looked into the problem, though limited 
resources have prevented a full-scale study or 
investigation. The Ministry of Gender and Community 
Services has the lead in coordinating GOM anti-trafficking 
efforts.  The MOGCS has formed a committee that includes 
representatives from the Ministry of Home Affairs, the 
Department of Immigration, Department of Customs, and the 
Police. The committee does not meet regularly. 
 
C.  The government does not have a national plan to address 
trafficking issues. 
 
D.  The government has been involved in programs promoting 
the rights of women and children which may indirectly 
prevent trafficking.  Workshops, training sessions, and 
public awareness campaigns have been held. 
 
E.  The government is unable to support sustained 
prevention programs due to lack of resources. 
 
F.  One local NGO deals with trafficking issues and has 
engaged with government officials in the past. The Malawi 
Human Rights Commission has pressed for resources 
specifically to deal with this issue but none have been 
made available from the GOM. 
 
G.  Although checkpoints exist along all major exit routes, 
Malawi's borders are very porous and allow for easy illegal 
crossing.  The Department of Immigration attempts to 
monitor for trafficking, but has insufficient resources to 
accomplish this mission. 
 
H.  As reported in para. 4 B, the MOGCS convenes a 
committee to examine specific cases when they arise, but 
does not meet on a regular basis to coordinate a counter- 
trafficking strategy. The Anti-Corruption Bureau, the 
Office of the Ombudsman, and the Auditor General handle 
issues of public corruption. 
 
I.  The GOM has the will to participate in multilateral 
trafficking initiatives, but lacks the resources. 
 
J.  The GOM does not have a national plan of action to 
address trafficking in persons. 
 
K.  Dr. Mary Shawa, Deputy Director of the MOGCS, is the 
main point of contact for trafficking-related issues. 
 
5.  INVESTIGATION AND PROSECUTION OF TRAFFICKERS 
A.  There is no law specifically criminalizing trafficking 
into, out of, or within Malawi.  Previous legislation 
mandating a 14-year minimum sentence for anyone convicted 
of "promoting, managing, or transporting any person into or 
out of Malawi with the purpose to engage that other person 
in prostitution" was withdrawn from the National Assembly 
for further review and has not been reintroduced. 
Traffickers can be prosecuted under Article 140(c) and 
140(d) of the Penal Code, which criminalizes the transport 
of a woman from Malawi for prostitution.   Article 141 
penalizes anyone who, by threats or intimidation, false 
pretenses, or false representation or by administering 
drugs, procures any woman or girl to have unlawful carnal 
relations in the country or elsewhere. Articles 36 and 37 
of the Penal Code criminalize misuse or forgery of travel 
documents.  The constitution states "no person shall be 
held in slavery or servitude". 
 
B.  There is no penalty at this time, as specific anti- 
trafficking legislation has not been passed. 
 
C.  The minimum penalty for rape is six years, but the High 
Court can sentence a person to life imprisonment or death 
depending on the circumstances of the assault.  (NOTE: 
Although the death penalty is permitted under Malawian law, 
President Bakili Muluzi has publicly stated that no 
prisoners will be executed while he is in office.  End 
Note.) 
 
D.  Because specific legislation is still pending, no cases 
have been prosecuted to date. Seven cases relevant to 
trafficking have been prosecuted in Malawi since 2001. 
 
E.  Unsubstantiated anecdotal information alleges that 
Malawian businesswomen, truck drivers, and possibly 
Nigerian trafficking syndicates are behind trafficking in 
and out of Malawi.  There is little credible information 
regarding trafficking in persons in general, and none 
specific to the perpetrators. 
 
F.  No, the government of Malawi has not actively 
investigated cases of trafficking. 
 
G.  No. 
 
H.  There have been no instances this year of GOM 
participation in international investigations or 
prosecutions of trafficking cases. 
 
I.  There are no reports of extraditions associated with 
trafficking. (NOTE: Forced extradition of Malawian citizens 
is not specifically prohibited by the Constitution, but has 
not been used. End Note.) 
 
J.   No. 
 
K.  No information available. 
 
L.  ILO Conventions 182, 29, and 105 ratified by the GOM on 
November 19, 1999.  Optional Protocol to the Convention on 
the Rights of the Child on the sale of children, child 
prostitution, and child pornography signed by the GOM on 
September 7, 2000, but not ratified.  Protocol to Prevent, 
Suppress, and Punish Trafficking in Persons not signed or 
ratified by the GOM. 
6. PROTECTION AND ASSISTANCE TO VICTIMS 
A.  Very limited assistance to victims is available from 
the GOM, local government institutions, or civil society 
groups. 
 
B. No. 
 
C.  No information available. 
 
D.  Family based or NGO-assisted care is the only option 
for victims in Malawi.  Victims with difficult or abusive 
family circumstances have been placed in detention centers 
when no other option was available. 
 
E.  The GOM has not enacted legislation that would make 
legal recourse for trafficking victims possible. The GOM 
would encourage victims to participate in an investigation. 
There is no victim's restitution program. 
 
F.  None. 
 
G.  No.  During the year Malawian police collaborated with 
Interpol and the Southern African Regional Police Chiefs 
Organization (SARPCO) to develop the ability to identify 
and investigate potential traffickers. Malawian embassies 
abroad are not known to have any specialized training for 
dealing with trafficking victims. 
 
H.  None known during the reporting year. 
 
I.  Eye of the Child and the Malawi Human Rights Youth 
Network have expressed interest in investigating the issue 
as well as providing assistance to victims, but they have 
very limited resources available.  During the reporting 
year, post submitted a funding proposal to G/TIP for an Eye 
of the Child project. This proposal was not funded (see 
para. 3 D). 
 
BROWNING