US embassy cable - 04LILONGWE868

UNCLAS SECTION 01 OF 02 LILONGWE 000868 
 
SIPDIS 
 
E.O. 12958 N/A 
TAGS: KCRM, KWMN, PHUM, PGOV, SMIG, MI, Human Rights/Trafficking, Political 
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