US embassy cable - 05LILONGWE187

UNCLAS SECTION 01 OF 06 LILONGWE 000187 
 
SIPDIS 
 
DEPARTMENT FOR AF/S, AF/RSA, G/TIP 
 
E.O. 12958: N/A 
TAGS: KCRM, PHUM, KWMN, ELAB, SMIG, ASEC, KFRD, PREF, MI, Human Rights/Trafficking 
SUBJECT: 2005 TRAFFICKING IN PERSONS REPORT - MALAWI 
 
REF: A. 04 STATE 273089 
 
     B. 04 LILONGWE 1043 
     C. 04 LILONGWE 1022 
     D. 04 LILONGWE 723 
     E. 04 LILONGWE 868 
 
1.  SUMMARY.  Human trafficking was a new issue for the GOM 
in 2004.  With the advent of increased awareness and a new 
government with a new approach to governance, the GOM has 
made significant efforts to understand and address TIP.  The 
GOM has implemented a multi-year strategy to protect 
vulnerable children from exploitation, and is in the process 
of developing a nationwide, inter-ministerial plan to 
identify the nature of the problem in Malawi and possible 
solutions.  In 2004 and 2005, the GOM provided services, 
including counseling and reintegration assistance, for TIP 
victims.  During the reporting year the GOM acceded to the 
Optional Protocols to Prevent, Suppress, and Punish 
Trafficking in Persons, and legislation to specifically 
criminalize TIP is scheduled for the March 2005 
Parliamentary session. END SUMMARY.  Post presents the 
following information in response to reftel A request. 
Answers are keyed to reftel paragraphs as listed below. 
 
2.  Paragraph 18: 
 
A.  Malawi is a country of origin and transit for 
internationally trafficked men, women, and children. 
Numbers for each group are unknown, however the problem is 
not estimated to be widespread.  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. 
 
B.  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 
reportedly been trafficked internally for labor and to South 
Africa. 
 
C.  There have been no known changes in the direction or 
extent of trafficking. 
 
D.  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 may impede 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 since last 
year 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. 
 
E.  Malawi is not known to be a destination point for 
trafficking victims.  (See paragraph 2B.) 
 
F.  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. 
 
G.  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 note that in 2004 TIP was a new concept 
to Malawian authorities.  When presented with the 2004 TIP 
Report and Tier-Two Watch List status, the President of 
Malawi immediately called an inter-ministerial meeting to 
discuss the problem.  Resultant actions are cited in detail 
below and in reftels B-E.   In broad terms, the GOM has 
devoted considerable human and financial resources to 
combating TIP, specifically in the area of prevention. 
 
H.  GOM officials do not knowingly condone or facilitate any 
form of trafficking. 
 
I.  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 abject corruption, and the country is only now emerging 
as a possible political bright spot in a region plagued by 
wars, disease, and poverty.  Funding for nearly all public 
institutions - police, hospitals, 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. 
 
J.  Systematic monitoring of human trafficking is still in 
the initial phases of development.  2004 was a watershed 
year for the GOM in many regards, including awareness of 
human trafficking.  The GOM was largely caught unaware when 
the issue of TIP was presented to them in the context of 
Tier-Two Watch List, and in the midst of a near-total 
political transition, has made significant efforts to 
organize its counter-TIP efforts and information.  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/agencies. 
 
K.  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. 
 
3.  Paragraph 19: 
 
A.  The GOM acknowledges that TIP is a problem in the 
country, though not in the magnitude the 2004 TIP Report 
would indicate (reftels D and E). 
 
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. 
 
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.  The Ministry 
of Labor has increased its efforts to prevent child labor, 
and both of these 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.  Campaigns to specifically address human trafficking 
and targeted at potential victims were conducted by the 
Malawi Human Rights Commission. 
 
D.  The GOM routinely conducts programs which reduce 
vulnerabilities for TIP.  See paragraph 3C. 
 
E. To some extent, the GOM is able to support prevention 
programs, but the provision of support is limited by 
resources and capacity to do so. 
 
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. 
 
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.  However, as TIP is a relatively new concept, 
this training is essentially limited to trafficking in the 
most obvious sense and does not yet cover all of its 
possible manifestations.  In the event of a TIP case, 
officers are able to contact other ministries/agencies for 
guidance. 
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). 
 
I.  In September 2004 the GOM hosted the 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.  The GOM 
has formally invited the IOM to open an office in Malawi, 
and several senior GOM officials attended the workshop, 
including the Minister of Home Affairs and Internal 
Security. 
 
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 2J, 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. 
 
K.  The Ministry of Gender, Ministry of Labor, and Ministry 
of Home Affairs are the foremost authorities on human 
trafficking in Malawi.  In partnership with the Malawi Human 
Rights Commission, a constitutionally-mandated human rights 
watchdog, and other governmental and non-governmental 
organizations, these ministries have primary responsibility 
for anti-TIP programs. 
 
4.  Paragraph 20: 
 
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.  These laws are considered adequate for 
the prosecution of TIP, however, during the reporting 
period, the GOM took action to reintroduce a previous 
amendment which would strengthen and support the above 
articles in trafficking cases.  The amendment is scheduled 
to be presented to parliament at its next sitting, in March 
of 2005.  In addition, the Malawi Law Commission is 
currently developing a new law (rather than the 
aforementioned amendment to the existing statute) 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.  The government has prosecuted cases of human 
trafficking, though in the context of labor violations.  In 
November 2004, the Ministry of Labor shifted its focus from 
labor education to labor enforcement, and regional labor 
inspectors gained the authority to initiate and conduct 
investigations and to press charges.  Since that time, two 
cases of child labor exploitation have been successfully 
prosecuted in the central region, and a third case was 
dismissed due to a technicality.  Since the new initiative 
began, the Ministry of Labor has in the central region 
removed and provided assistance for 13 children in 
exploitive situations.  Data for the southern and northern 
regions is unavailable, however the Ministry is currently 
working on a comprehensive report which will include all 
regions of the country.  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. 
 
E.  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. 
 
F.  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. 
 
G.  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.  Foreign adoption cases are 
carefully scrutinized and the prospective parents must meet 
a series of requirements before provisional custody can be 
granted. 
 
H.  The GOM, through the Ministry of Home Affairs and 
Internal Security, is a member of INTERPOL and SADC's 
Defense and Security Organ which deals with trafficking.  No 
information is available about the exact number of 
cooperative international investigations. 
 
I.  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. 
 
J.  There is no evidence of government involvement or 
tolerance of trafficking at any level. 
 
K.  Not applicable. 
 
L.  Anecdotal reports indicate there may be some sex tourism 
occurring in Malawi, primarily along the lakeshore, 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. 
 
M.  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 21: 
 
A.  The government provides some assistance, commensurate 
with its limited resources and capacity, to victims of 
trafficking.  In partnership with NGOs, 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. 
Both of the current facilities offer counseling and 
rehabilitation services. 
 
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 200 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. 
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 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.  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 for 
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. 
 
7.  TIP Best Practices 
People Serving Girls at Risk (PSGR), a local NGO, has 
implemented a short-term project with post funding to assist 
underage prostitutes in getting off the streets.  Thus far, 
the project has implemented an anti-TIP public awareness 
campaign in some of the poorest urban areas in the country. 
With well-designed posters, brochures, and other materials, 
the group has been able to raise awareness among the most 
vulnerable populations.  PSGR has well-established links 
with the GOM and has taken an innovative approach to 
assisting young prostitutes through social reintegration and 
education of the support network these young people must 
rely upon. 
 
8.  Post POC for TIP issues is Consular/Political Officer 
Kiera L. Emmons, phone 265-1-773-166 ext 3411 IVG 835-3411, 
Fax 265-1-794-976.  Time spent on TIP Report:  Principal 
drafting, Con/Pol Officer: 25.0 hours; Research assistance, 
Intern: 12.0 hours; Clearance, RSO, 1.0 hour; USAID, 1.0 
hour; ECON, 1.0 hour; CDA, 1.0 hour. 
GILMOUR