US embassy cable - 05LILONGWE888

UNCLAS LILONGWE 000888 
 
SIPDIS 
 
SENSITIVE 
 
DEPT FOR G/TIP - RACHEL YOUSEY 
DEPT ALSO FOR AF/RSA AND DRL/IL 
 
E.O. 12958: N/A 
TAGS: PHUM, ELAB, PGOV, PREL, ZA, MI, Human Rights/Trafficking 
SUBJECT: MALAWI SENTENCES CHILD TRAFFICKERS TO SEVEN 
YEARS HARD LABOR 
 
REF: LILONGWE 729 
 
1. (U) SUMMARY. ON SEPTEMBER 24, A MALAWIAN COURT 
SENTENCED THREE MEN TO SEVEN YEARS IMPRISONMENT WITH HARD 
LABOR FOR KIDNAPPING.  ALTHOUGH MALAWI HAS YET TO ADOPT 
SPECIFIC TRAFFICKING LEGISLATION, THERE IS GROWING 
AWARENESS OF THE ISSUE AMONG THE COUNTRY'S LEADERS AND 
CIVIL SOCIETY.  THE SENTENCING IN THIS CASE MAY INDICATE 
A NEW WILLINGNESS BY MALAWIAN COURTS TO METE OUT STIFFER 
TRAFFICKING PENALTIES.  END SUMMARY. 
 
2. (U) BONIFACE MANDERE, DEPUTY EXECUTIVE DIRECTOR OF 
LOCAL HUMAN RIGHTS NGO EYE OF THE CHILD, CONFIRMED TO 
POLOFF DURING AN OCTOBER 6 MEETING THAT A MALAWIAN COURT 
HAD SENTENCED TWO MALAWIANS AND A ZAMBIAN TO SEVEN YEARS 
IMPRISONMENT WITH HARD LABOR FOR KIDNAPPING.  THE THREE 
MEN WERE ARRESTED WHILE ATTEMPTING TO SMUGGLE FIVE YOUNG 
BOYS ACROSS THE BORDER INTO ZAMBIA, APPARENTLY TO WORK ON 
TOBACCO ESTATES.  LOCAL RESIDENTS, WHO WERE CONCERNED 
ABOUT THE BOYS' WELFARE, BROUGHT THE CASE TO THE 
ATTENTION OF POLICE. 
 
3. (SBU) MALAWI DOES NOT HAVE ANY LAWS SPECIFICALLY 
PROHIBITING TRAFFICKING; HENCE THE COURTS STRUGGLE TO 
PROSECUTE TRAFFICKING CASES USING APPLICABLE KIDNAPPING 
AND LABOR LAWS.  THE MALAWIAN JUDICIARY HAS PREVIOUSLY 
IMPOSED ONLY SMALL FINES (TYPICALLY LESS THAN USD 200) IN 
SIMILAR CASES (INCLUDING AN ATTEMPT EARLIER THIS YEAR TO 
SMUGGLE 10 EIGHT TO TWELVE-YEAR-OLD BOYS ACROSS THE SAME 
BORDER).  SUCH APPARENT LENIENCY HAD "OUTRAGED" HUMAN 
RIGHTS WORKERS, MANDERE SAID.  HIS ORGANIZATION FOLLOWED 
THE CASES CLOSELY AND PRESSED THE GOVERNMENT OF MALAWI 
(GOM) TO METE OUT SENTENCES "COMPATIBLE WITH THE GRAVITY 
OF THE CRIMES."  WHILE PLEASED WITH THE RECENT 
CONVICTIONS, MANDERE NOTED HIS FRUSTRATION WITH THE 
MALAWIAN GOVERNMENT, WHICH WAS "MOVING TOO SLOWLY" TO 
ADOPT ANTI-TRAFFICKING LEGISLATION. 
 
4. (U) ALTHOUGH THE EXTENT OF HUMAN TRAFFICKING IN MALAWI 
HAD NEVER BEEN QUANTIFIED, MANDERE BELIEVED THAT CHILD 
TRAFFICKING FOR AGRICULTURAL LABOR WAS A WIDESPREAD 
PROBLEM, AND THAT CHILDREN LIVING IN THE SOUTHERN REGION 
WERE ESPECIALLY VULNERABLE DUE TO CURRENT FOOD SHORTAGES. 
HE WAS ENCOURAGED BY RECENT EFFORTS BY THE LABOR MINISTRY 
TO RAISE AWARENESS OF HARMFUL CHILD LABOR PRACTICES. 
THESE INCLUDED PRESS RELEASES, TRAINING ON THE NEWLY- 
CREATED CHILD LABOR CODE OF CONDUCT, AND THE CREATION OF 
A "HAZARDOUS WORK SCHEDULE" NOW AWAITING FINAL REVIEW 
(REFTEL). 
 
5. (SBU) COMMENT:  THE GOM APPEARS TO BE MOVING IN THE 
RIGHT DIRECTION IN ADDRESSING TRAFFICKING ISSUES.  WE 
SHOULD CONTINUE TO PRAISE THEM FOR THEIR EFFORTS TO 
INVESTIGATE AND PROSECUTE CASES, AND ENCOURAGE THEM TO 
RATIFY APPROPRIATE LEGISLATION TO PREVENT, SUPPRESS AND 
PUNISH TRAFFICKING IN PERSONS IN ACCORDANCE WITH UN 
CONVENTIONS. 
 
EASTHAM