U.S. Dep't of State, 2024 Trafficking in Persons Report: Malawi

MALAWI (Tier 2) The Government of Malawi does not fully meet the minimum standards for the elimination of trafficking but is making significant efforts to do so. The government demonstrated overall increasing efforts compared to the previous reporting period; therefore Malawi remained on Tier 2. These efforts included increasing prosecutions of traffickers and finalizing and launching its 2023-2028 NAP. The government collaborated with a foreign government to repatriate Malawians exploited abroad.

The government facilitated campaigns to raise awareness of trafficking in persons. However, the government did not meet the minimum standards in several key areas. Due to the lack of shelters and other protection services, police detained some trafficking victims during the investigation process and did not take adequate measures to prevent the re-traumatization of victims participating in criminal proceedings. Credible reports of official complicity continued to impede the government’s efforts to carry out anti-trafficking law enforcement efforts and proactively identify trafficking victims.

PRIORITIZED RECOMMENDATIONS: Expand training on and usage of SOPs on victim identification and the NRM for front-line officials to identify trafficking victims systematically and proactively by screening vulnerable populations, including individuals involved in commercial sex, refugees, and returning migrants, and certify and refer all trafficking victims to appropriate services. * Increase efforts to investigate and prosecute trafficking crimes, including those involving complicit government officials, and seek adequate penalties for convicted traffickers, which should involve significant prison terms. * Collaborate with NGOs and international organizations to increase the government’s capacity to provide shelter and protective services to more trafficking victims. * Expand specialized training for police, immigration officials, prosecutors, and magistrates on investigating and prosecuting trafficking crimes. * Increase protective services for victims participating in the criminal justice process to prevent re-traumatization, including ensuring victims basic needs are met. * Implement and consistently enforce strong regulations and oversight of labor recruitment companies, including by holding fraudulent labor recruiters criminally accountable. * Expand the collection of law enforcement and victim protection data for trafficking cases, specifically the number of victims referred and provided protective services, and compile data from all districts. * Strengthen district coordination committee anti-trafficking efforts through developing and implementing district-level action plans and increasing coordination on the provision of victim services and investigations. * Train labor inspectors to identify potential forced labor victims during routine inspections and to report potential trafficking violations to appropriate officials. * Develop and institutionalize mandatory pre-departure anti-trafficking training for Malawian diplomats.

PROSECUTION

The government maintained anti-trafficking law enforcement efforts. The 2015 Trafficking in Persons Act criminalized sex trafficking and labor trafficking, and prescribed punishments up to 14 years’ imprisonment for offenses involving an adult victim and up to 21 years’ imprisonment for those involving a child victim. These penalties were sufficiently stringent and, with regard to sex trafficking, commensurate with punishments prescribed for other serious crimes, such as kidnapping. The government reported investigating 46 trafficking cases in 2023, compared with investigating 81 cases in 2022.

The government prosecuted 80 alleged traffickers in 46 cases and convicted 11, compared with prosecuting 46 alleged traffickers and convicting 24 traffickers in 2022. The three traffickers each received a six-year sentence. In a previous reporting period, the government investigated and prosecuted eight Malawian labor recruiters for recruiting Malawian women to Oman for alleged exploitation in domestic servitude; the cases remained ongoing at the end of the reporting period. Courts dismissed a number of trafficking prosecutions for lack of evidence.

Observers reported law enforcement sometimes did not grant certification of victim status at the time of identification, which is required for trafficking victims to access services. Magistrates heavily relied on victim testimony and dismissed cases where victims declined to testify. Due to conflation between migrant smuggling and human trafficking, the government may have prosecuted migrant smuggling crimes as human trafficking crimes. A significant backlog of cases remained due to prosecutorial delays and insufficient resources.

Lack of basic resources, such as fuel, vehicles, and personnel, hindered law enforcement’s ability to investigate cases, protect victims, and collaborate effectively. Corruption and official complicity in trafficking crimes remained significant concerns. In a previous reporting period, the government arrested and charged three police officers and one immigration officer for recruiting Malawian women for exploitation in domestic servitude in Oman; the suspects were denied bail and the investigations remained ongoing. The government also previously charged a relative of a high-profile political figure with alleged human trafficking; the case remained ongoing at the end of the reporting period.

Officials reported four police officers were arrested for their alleged involvement in trafficking crimes. Observers reported corrupt officials allegedly permitted child forced labor on a farm in Mchinji; the case was reported to the Malawi Human Rights Commission and resulted in nine children returned to their homes. However, the government did not open an investigation. In a previous reporting period, Malawian officials allegedly received payment to recruit and facilitate transport of Malawian adults and children to South Africa for forced labor in businesses privately-owned by a People’s Republic of China (PRC) national; the government did not report any updates.

In November 2016, a federal district court in Maryland issued a default judgment against a former Malawian diplomat posted in the United States for approximately $1.1 million in a civil human trafficking case involving a domestic worker who sued her former employer, the former Malawian diplomat, for trafficking. The judgement remains unpaid, and for the eighth consecutive year, the government did not report taking any action to hold the former diplomat accountable. With the support of an international organization, the government conducted training for law enforcement, immigration, and protection officers on the anti-trafficking law and victim identification, particularly focused on border communities. The government did not report cooperation with foreign governments on trafficking investigations.

PROTECTION

The government made mixed victim protection efforts and did not report on its efforts to identify and refer victims to care. NGOs reported the government identified 325 trafficking victims, in collaboration with NGOs, and referred 132 victims to care. This compared with 81 victims identified and at least 69 victims referred to care in the previous year. NGOs continued to identify Malawian women exploited in domestic servitude in Oman and refer the victims to the government for assistance.

In response to victims identified in the previous reporting period, the government dispatched an inter-ministerial task force to engage the Omani government, identify additional victims, facilitate repatriation, and investigate trafficking crimes. The government allocated approximately $400,000 to repatriate at least 80 Malawian potential trafficking victims abroad, paying release fees ranging from $700 to $2,000 per victim and covering travel costs. Authorities also cooperated with the Zambian government to repatriate a Malawian trafficking victim and worked with civil society organizations to repatriate three Malawian trafficking victims who were exploited on a tobacco farm in Tanzania. The government had SOPs on victim identification and an NRM and reported continuing to train front-line officials on the SOPs and NRM.

However, observers reported additional training was needed for law enforcement and government officials to implement procedures more equitably and effectively. Immigration officers often lacked sufficient training to identify trafficking victims and fraudulent identification documents. For victims to access government benefits, police or immigration officers had to certify trafficking victims; however, observers noted government officials frequently misidentified sex and labor trafficking as other crimes, such as migrant smuggling and GBV. Cultural acceptance of domestic servitude hindered proactive victim identification and access to services.

The Social Welfare Office, part of the Ministry of Gender, Community Development and Social Welfare coordinated services for certified victims. In cases involving child victims, the Child Protection Technical Working Group, composed of government officials, international stakeholders, and NGOs, assisted with coordination of victim services. The government maintained accreditation and conducted oversight for a total of four NGO-operated shelters – including a new shelter located in the Northern region – to support identified victims of trafficking in Limbe, Rumphi, Mchinji, and Zomba. One shelter established in the previous reporting period closed and was replaced by a transit shelter, and one shelter reduced its capacity due to lack of funds.

Observers reported a need for more shelters to support trafficking victims. The government operated one center in Lilongwe that provided counseling and specialized care for vulnerable children, which included trafficking victims. Victim support units (VSUs) at approximately 300 village-level police sub-stations could provide temporary support to GBV and trafficking victims; however, in some circumstances, VSUs lacked capacity to respond adequately, and the quality of services varied throughout the country. The government relied on civil society organizations to provide most care to trafficking victims without adequate funding or in-kind support.

Observers reported the lack of guidelines for the anti-trafficking fund’s use and oversight could lead to misuse and prevented civil society from accessing the funds for victim care. Observers and government officials reported authorities inappropriately penalized some trafficking victims for offenses committed as a direct result of being trafficked, particularly for immigration violations, due to lack of resources and knowledge gaps. Refugees working informally may have been reluctant to report trafficking crimes for fear of penalization. Police sometimes transported victims, particularly children, with their suspected traffickers in the same vehicle, resulting in potential intimidation and further traumatization of victims.

Officials sometimes detained victims due to limited shelter availability or while awaiting transportation to a shelter or to their home communities. It was previously reported that in some cases, victims ran away or declined to testify in court after officials failed to provide basic necessities, such as food. The 2015 anti-trafficking law allowed courts to provide immunity to victims for offenses committed as a direct result of being trafficked, including potential immigration violations; however, previous reports alleged foreign victims faced deportation unless they challenged their immigration status in court. Foreign victims could receive temporary residency status while cooperating with law enforcement; trafficking victims were not eligible for permanent immigration status.

The government did not report if any foreign victims received temporary status during the reporting period. While the government reported offering victim-witness assistance during criminal justice proceedings, observers reported the government could not provide any support due to lack of funding, resulting in most foreign national victims declining to pursue criminal proceedings against their traffickers and returning to their home country. The government could provide legal assistance to victims of trafficking; it did not report how many victims received this assistance. Victims were able to request to testify via video conference; courts in some districts provided options for child victims to testify via video.

Despite allowing restitution for victims in cases against traffickers, no courts ordered restitution during the reporting period.

PREVENTION

The government increased efforts to prevent trafficking. The National Coordination Committee Against Trafficking in Persons (NCCATP), led by the Ministry of Homeland Security and charged with overseeing national anti-trafficking efforts, met once during the reporting period. NCCATP’s district-level sub-committees, charged with monitoring and implementing the District Plan of Action Against Trafficking in Persons, also conducted meetings during the reporting period. The government finalized and launched its 2023-2028 anti-trafficking NAP and dedicated some funding to support its implementation.

The government allocated 162 million Malawi kwacha ($95,000) to all anti-trafficking programs, including NAP implementation, victim services, and training. The government, in partnership with an international organization, continued implementing a Plan of Action to address human trafficking in Dzaleka Refugee Camp, including raising awareness through billboards with victim referral and support information. The government had 11 district coordination committees with representatives from across government and civil society to coordinate anti-trafficking efforts at the local level. The government raised awareness of human trafficking through community radio broadcasts in both English and Chichewa, engagements with traditional leaders, and informational sessions with the public.

In collaboration with an international organization, the government also raised awareness of trafficking in border districts and among vulnerable communities through music, billboards at international airports, videos broadcasted on local television outlets, and text messaging campaigns. The government collaborated with an NGO-operated hotline to assist victims and track trafficking crimes. A total of nine child trafficking cases were reported to this hotline during the reporting period. The government reported contributing information on trafficking cases identified to a national centralized anti-trafficking data collection and reporting tool.

Some labor inspectors received training on identifying forced labor; the government carried out an unknown number of labor inspections and did not report information on any child labor violations. In 2019, the government approved the Prevention of Exploitative Labor Recruitment Regulations for the Trafficking in Persons Act, which required no fees be charged to migrant workers, clarity and transparency of worker contracts, non-retention of workers’ passports and other identity documentation, and safe and decent working and living conditions; however, the government did not report efforts to enforce these regulations or to effectively regulate labor recruiters. Observers reported some Malawians paid recruitment fees to private recruitment agents who had agreements with Israeli farmers in need of workers. Observers also reported Malawians recruited for work in Israel had to have salaries paid directly to bank accounts in Malawi; workers did not have access to these funds, increasing vulnerabilities to trafficking while in Israel.

The government did not make efforts to reduce the demand for commercial sex acts. The government previously developed an anti-trafficking training program for diplomats but has yet to implement the training. TRAFFICKING PROFILE: As reported over the past five years, human traffickers exploit domestic and foreign victims in Malawi, and traffickers exploit victims from Malawi abroad. Traffickers exploit most Malawian victims within the country, generally lured from the southern part to the central and northern regions for forced labor in agriculture (predominantly the tobacco industry), goat and cattle herding, and brickmaking.

Traffickers exploit teenage boys and girls in forced labor on farms and girls in sex trafficking or other forms of sexual exploitation in nightclubs, bars, barbershops, and residential illegal brothels, particularly in Lilongwe and Blantyre. Traffickers exploit children in forced labor in begging, domestic servitude, small businesses, and potentially in the fishing industry; in past years, some children were coerced to commit crimes. Traffickers – primarily facilitators, family members, or brothel owners – lure children in rural areas by offering employment opportunities, clothing, or lodging for which they are sometimes charged exorbitant fees, resulting in sex trafficking. Many cases of child labor external to the family involve fraudulent recruitment and physical or sexual abuse, indicative of forced labor.

Pandemic-related school closures resulted in some students, especially girls, failing to reenroll in school, increasing their vulnerability to exploitation. Adult tenant farmers are at risk for exploitation, as they incur debts to landowners and may not receive payment during poor harvests. Severe weather events internally displaced more than 100,000 Malawians in January 2022 and more than 700,000 in March 2023, which increased vulnerabilities to trafficking. Traffickers exploit adults and children from Mozambique, Zambia, the Democratic Republic of the Congo (DRC) and the broader Great Lakes region, the Horn of Africa, and Nepal in labor and sex trafficking in Malawi.

Traffickers use unmonitored and irregular border crossings to facilitate transnational trafficking, avoiding additional scrutiny at traditional border crossings; observers also report traffickers’ increasing use of smaller, less obvious transportation methods, such as bicycles and motorbikes, versus trucks or buses to transport potential trafficking victims. PRC workers may be exploited on worksites owned by PRC-owned companies. Malawi hosts refugees and asylum-seekers, primarily from the DRC, Rwanda, Burundi, Ethiopia, and Somalia, requiring them to live in the Dzaleka Refugee Camp. In 2023, the government issued an order to forcibly relocate more than 2,200 refugees and asylum-seekers residing in local communities back to the camp, which now houses approximately 52,000 refugees in a space designed for approximately 10,000.

Organized transnational crime syndicates operating out of informal bars within the camp recruit girls for exploitation in sex trafficking inside the camp and in roadside bars along the highway to and in Lilongwe. The camp is a waypoint along the Southern Route for criminal networks transporting asylum seekers and migrants, some of whom end up exploited in sex trafficking and forced labor both within Malawi and to other countries in Southern Africa, particularly South Africa. Zambian farmers recruit Malawians to work on farms in Zambia’s Eastern and Muchinga Provinces, sometimes transiting as far as Western Province, where they are exploited in forced labor. Observers report some Zambian employers have called immigration officials and claimed these workers, which may include trafficking victims, have been illegally squatting on their farm, leading to their deportation back to Malawi without any investigation or payment of wages earned.

Reportedly, some Malawian victims have been killed to avoid payment at the end of the growing season. High inflation incentivizes many Malawians to accept risky job offers in Zambia because, even if paid little, the exchange rate provides more income. Malawian victims of sex and labor trafficking have been identified in Kenya, Mozambique, South Africa, Tanzania, and Zambia, as well as in Iraq, Kuwait, Oman, and Saudi Arabia. Fraudulent employment agencies lure women and girls to Gulf states, where traffickers exploit them in sex and labor trafficking.

In Oman, Malawian women recruited through word of mouth and social media are exploited in domestic servitude in hazardous and abusive conditions, some resulting in death. Traffickers provide victims with fraudulent documentation and do not register victims as migrant workers, preventing government oversight. Malawian and Zambian potential victims have been identified at a Malawian airport en route to Oman and, in previous years, to Qatar. Some relatives or community members coerce girls into forced marriages and subsequently exploit the girls in domestic servitude or sex trafficking.

Of note, 46 percent of girls in Malawi are married before the age of 18. Experts continue to raise concerns regarding child and forced marriage and its associated risks of trafficking, including sex trafficking and domestic servitude. Kupimbira , a practice that allows poor families to receive a loan or livestock from men in exchange for young daughters, reportedly existed in some areas. Traffickers lure women and girls from Mangochi province with promises of scholarships or lucrative employment in South Africa for exploitation in sex trafficking.

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