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 allocating a significantly higher budget for anti-trafficking programs and developing sentencing guidelines and a bench book for judges to improve hearing of trafficking cases. The government referred more trafficking victims to protective services, conducted more awareness campaigns, and adopted a new communication strategy to foster collaboration among the anti-trafficking community. However, the government did not meet the minimum standards in several key areas. The government reported investigating fewer trafficking cases and identifying fewer victims. Due to inconsistent screening among vulnerable populations, the government did not take effective measures to prevent the inappropriate penalization of potential victims solely for unlawful acts committed as a direct result of being trafficked. 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 consistent implementation of SOPs on victim identification and the National Referral Mechanism (NRM) for front-line officials to proactively identify trafficking victims by screening vulnerable populations, including individuals involved in commercial sex, refugees, and migrants, and certify and refer all trafficking victims to appropriate services.
- Ensure victims are not inappropriately penalized solely for unlawful acts committed as a direct result of being trafficked.
- 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.
- Increase the availability of protection services for all trafficking victims, including by partnering with NGOs and international organizations.
- Operationalize the National Trafficking in Persons Database to improve the collection of law enforcement and victim protection data.
- Train labor inspectors to identify potential forced labor victims during routine inspections and to report potential trafficking violations to appropriate officials and refer victims to assistance.
- Increase protective services for victims participating in criminal justice proceedings.
- Implement and consistently enforce strong regulations and oversight of labor recruitment companies, including by holding fraudulent labor recruiters criminally accountable.
- 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.
- Institutionalize mandatory pre-departure anti-trafficking training for Malawian diplomats.
PROSECUTION
The government made mixed 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 grave crimes, such as kidnapping.
In 2024, the government reported investigating 16 trafficking cases, compared with investigating 46 cases in 2023. The government prosecuted 19 alleged traffickers, compared with prosecuting 80 alleged traffickers in 2023. The government convicted four traffickers, three under the anti-trafficking law and one under a different law, compared with convicting 11 traffickers in 2023. The government did not provide sentencing data for convicted traffickers and courts acquitted seven suspects. The government did not provide updates on a prior case involving eight Malawian labor recruiters charged with fraudulently recruiting Malawian women to Oman for alleged exploitation in domestic servitude. Courts commonly dismissed trafficking prosecutions for lack of evidence. 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 human trafficking crimes as migrant smuggling crimes. A significant backlog of cases remained due to prosecutorial delays and insufficient 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. The government reported taking administrative action against one police officer sanctioned for failing to protect a trafficking whistleblower, but did not provide additional details on other actions taken against complicit officials or acting on complicity concerns from previous years, including those involving diplomats. 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 Chinese national; a South African court convicted seven Chinese nationals involved in this case of human trafficking and child labor during the reporting period, but the Malawian government did not report it took any action related to this case. The government acquitted a relative of a high-profile political figure of trafficking charges.
In collaboration with an NGO and a foreign government, the government developed and implemented sentencing guidelines and a bench book for judges to standardize judicial responses and consistently apply appropriate penalties for traffickers. With the support of foreign governments and international organizations, the government conducted training for law enforcement, immigration, and protection officers on the anti-trafficking law and victim identification protocols. Malawian law enforcement officials also participated in a South African Development Community-organized training program on data collection and case management to enhance regional collaboration on trafficking cases.
PROTECTION
The government made mixed protection efforts.
The government identified and referred to care 248 trafficking victims. This compared with NGOs reporting the government identified 325 victims and referred 132 victims to care in the previous year. NGOs identified an additional six trafficking victims. Government officials and NGOs continued to identify Malawian women exploited in domestic servitude in Oman and refer victims to the government for assistance. The government, in collaboration with an international organization, repatriated Malawian trafficking victims from abroad, including three exploited migrant workers from Burma and one child victim in Zambia, referring them to an international organization for services.
The government had SOPs on victim identification and an NRM and continued to train front-line officials on the SOPs and NRM. However, observers reported front-line officials did not consistently use the victim identification SOPs and needed additional training on implementation of the SOPs and NRM. For victims to access government benefits, police, immigration, or protection 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 violence against women and girls. Observers also reported law enforcement officers sometimes did not grant certification of victim status at the time of identification, causing unnecessary delays for victims to access emergency 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. Cultural acceptance of domestic servitude hindered proactive victim identification and access to services.
The government maintained accreditation and conducted oversight of four NGO-operated shelters to support identified victims of trafficking in Limbe, Rumphi, Mchinji, and Zomba. An NGO-operated transit shelter in Lilongwe could also assist trafficking victims with short-term needs. Government and civil society officials reported a need for more shelters to support trafficking victims. Victim support units (VSUs) at 364 village-level police sub-stations – an increase from 300 in the previous reporting period – could provide temporary support to victims of trafficking and violence; however, in some circumstances, VSUs lacked capacity to respond adequately, and the quality of services varied throughout the country. The government reported it contributed 20 million kwacha ($11,500) from the government’s anti-trafficking fund to assist with operational expenses of the NGO-run shelter in Limbe, but relied on civil society organizations to provide most care to trafficking victims. Observers reported the anti-trafficking fund, intended to subsidize civil society organizations’ support for victims, was difficult to access and lacked oversight and guidelines governing its use.
Observers and government officials reported that due to inconsistent screening, a lack of resources, knowledge gaps, and inconsistent use of SOPs, the government did not take effective measures to prevent the inappropriate penalization of potential victims solely for unlawful acts committed as a direct result of being trafficked, particularly for immigration violations. The government did not screen more than 400 migrants arrested and detained, including approximately 70 children, for trafficking indicators following Malawi Defence Force trafficking-related operations at the Dzaleka Refugee Camp in July and October 2024. Observers reported there were strong indicators of trafficking among some of the migrants. The government reported these migrants, including the children, remained in detention for immigration violations awaiting repatriation at the end of the reporting period. The government collaborated with an international organization to support repatriation efforts for the detained children. Relatedly, observers reported officials sometimes detained victims in prisons due to limited shelter availability or while awaiting transportation to a shelter or to their home communities. Refugees working informally may also have been reluctant to report trafficking crimes for fear of penalization. Observers have reported police sometimes transported victims, particularly children, with their suspected traffickers in the same vehicle, resulting in potential intimidation and further traumatization of victims.
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; the government did not report if any victims received temporary status during the reporting period. The government reported offering victim-witness assistance during criminal justice proceedings, though observers reported the government could not provide adequate support due to lack of funding; as a result, victims often declined to participate in criminal proceedings against their traffickers and foreign national victims returned to their home country. The government could provide legal assistance to victims of trafficking; it did not report providing this assistance to any victims. Victims could request to testify via video conference; two victims provided testimony via video conference during the reporting period. 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 quarterly during the reporting period. The government had 11 active district-level sub-committees, comprised of representatives from across the government and civil society to coordinate anti-trafficking efforts and implement their District Plan of Action Against Trafficking in Persons. The government continued implementing its 2023-2028 anti-trafficking NAP. It allocated 447 million kwacha ($255,280), a notable increase compared with 162 million kwacha ($95,290) allocated in 2023, for anti-trafficking programs, including NAP implementation, and training. The government developed and deployed a new five-year national communication strategy on trafficking that fostered interagency cooperation and included activities to raise awareness of human trafficking. The government conducted awareness activities through radio, television, and social media in both English and Chichewa, engagements with traditional leaders, and community gatherings led by district-level committees. These efforts included campaigns targeting high-risk border districts to educate travelers on trafficking risks and legal migration.
The government collaborated with an NGO-operated hotline to assist victims and track trafficking crimes. A total of 35 child trafficking cases were reported to this hotline during the reporting period. The government and civil society reported front-line officials received training to utilize the national trafficking in persons database to collect law enforcement and victim protection data, but it was not yet operational. Some labor inspectors received training on identifying forced labor; the government carried out an unknown number of labor inspections and did not report identifying any child labor violations. Malawian law prohibited worker-paid fees and required 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, noting some Malawians paid recruitment fees to private recruitment agents to work abroad, and that these recruitment fees were often disguised as additional costs. In April 2024, the government signed an MOU with the Government of Israel setting base terms for Malawians working in agricultural jobs in Israel. Observers previously reported some Malawians paid recruitment fees to private recruitment agents who had agreements with Israeli farmers and workers did not have access to their salaries, which increased vulnerabilities to trafficking. The government also initiated negotiations on an MOU with Qatar to strengthen protections for migrant workers. The government did not make efforts to reduce the demand for commercial sex acts. For the first time, and in collaboration with an international organization, the government reported training 73 diplomats, including Malawians and heads of foreign missions in Malawi, on a variety of trafficking in persons issues.
TRAFFICKING PROFILE:
Trafficking affects all communities. This section summarizes government and civil society reporting on the nature and scope of trafficking 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 and tea industries), goat and cattle herding, and brickmaking. Traffickers exploit boys and girls in forced labor on farms and girls in sex trafficking in nightclubs, bars, barbershops, and residential illegal brothels, particularly in Lilongwe and Blantyre. Traffickers also exploit children in forced labor in begging, domestic servitude, small businesses, and the fishing industry. Traffickers – primarily facilitators, family members, or brothel owners – recruit children in rural areas by offering educational or employment opportunities, clothing, or lodging for which they are sometimes charged exorbitant fees, resulting in forced labor or sex trafficking. Cultural norms and practices, including child marriage, rendered girls particularly vulnerable to trafficking. Adult tenant farmers are at risk for exploitation, as they incur debts to landowners and may not receive payment during poor harvests. Natural disasters, including cyclones, have internally displaced more than 800,000 Malawians over the past few years, which increased vulnerabilities to trafficking due to loss of livelihood and food insecurity.
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, India, and Nepal in labor and sex trafficking in Malawi. Porous borders surrounding Lake Malawi and transportation corridors such as Mwanza and Dedza leave migrants vulnerable to trafficking. Observers also report traffickers’ increasing use of smaller, less obvious transportation methods, such as boats, bicycles, and motorbikes, versus trucks or buses to transport potential trafficking victims. Chinese-national workers may be exploited on worksites affiliated with Chinese national-owned companies and China’s Belt and Road Initiative. Malawi hosts refugees and asylum-seekers, primarily from the DRC, Rwanda, Burundi, Ethiopia, and Somalia, requiring them to live in the Dzaleka Refugee Camp , which houses approximately 53,000 refugees in a space designed for approximately 10,000. Organized transnational crime syndicates operating out of informal bars and housing compounds 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 known waypoint along the Southern Route for criminal networks transporting 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.
High unemployment and poverty cause Malawians to seek economic opportunities abroad where they are vulnerable to trafficking. 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. 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. Media and NGOs report unscrupulous actors, including Russian officials and illicit recruiters, fraudulently recruited women ages 18-22 from Africa – including Malawi – South Asia, and South America for vocational training programs and subsequently placed them in military drone production sites. Media report workers at these sites are subjected to hazardous conditions, surveillance, hour and wage violations, contract switching, and worker-paid recruitment fees, all of which are indicators of human trafficking. Some relatives or community members coerce girls into forced marriages and subsequently exploit the girls in domestic servitude or sex trafficking. Of note, 38 percent of girls in Malawi are married before the age of 18. 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.