SEX TRAFFICKING IN MALAWI, photo by AFP

MALAWI – THE STRUGGLE AGAINST SEX TRAFFICKING

Malawi has been providing men, women, and children to the sex trade, where the victim is promised nice clothes and plenty of money but is then lured into obedience and servitude. Unfortunately, the pandemic only made the situation worse. The PSGR (People Serving Girls at Risk) has reported that the COVID-19 outbreak has tripled the number of cases. At the start of the pandemic (2020), PSGR handled around 600 cases of sex trafficking. 

 What is the legal situation? 

 The situation is still just as dire even with the laws put in place to prevent sex trafficking. The principal law is the 2015 Trafficking in Persons Act, which criminalises sex and labour trafficking. It also means that anyone found guilty of such acts will be sentenced to up to 14 years in prison, and up to 21 years if the act involves a child victim. There have also been several international human rights treaties, such as the Maputo Protocol, which protects women and girls from sexual exploitation and trafficking, as well as guarantees comprehensive rights to women. These include being able to take part in the political process, as well as social equal rights with men, an improvement in the support the government has for their reproductive health decisions and an end to female genital mutilation (FGM).

 Yet, we find that the Trafficking in Persons Act is simply not enough to truly protect these victims. The legislation must be properly implemented and enforced accordingly. Several reports during the past years, especially during the pandemic times, have shown Malawi’s general failure in effectively applying its human trafficking laws. Malawi’s government has reported having been implementing road blocksroadblocks in areas that are suspected to be routed for said traffickers, yet the numbers are still struggling to go down. Furthermore, when arrests are made there is a severe lack of shelters and rehabilitation programmes for the traumatised victims – they often have to be housed in the police stations themselves that are frequently not trained enough to handle such situations. 

What recommendations should be prioritised? 

Firstly it is key that there is a higher level of screening to proactively identify suspects, especially in vulnerable and poorer communities, by using the 2015 act to proactively follow through with the necessary prosecutions. There should also be further investigations of complicit government officials. Collaborating with international organisations and NGOs will also help the government provide more protective services for the trafficking victims, especially when it comes to dealing with younger victims that do not need further traumatising; hence, Anti-Trafficking Funds should be allocated precisely for this. There is currently a severe lack of precise data that would greatly benefit future investigations, as well as a lack of training in the police force that often mishandles and aggravates the situation even further, which would suggest that funds need to be allocated for this department as well. Whilst the government has implemented roadblocks, as well as installed more, it is very important that all Malawian diplomats are trained in anti-trafficking and understand the gravity of the situation.

Elisabetta Molteni

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