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Accepted Paper:
The challenge in enforcing human trafficking laws in Malawi
Felisah Mitambo
Despite the legal framework put in place to combat human trafficking , countries like Malawi continue to suffer from the scourge. This paper discusses the challenges faced in the enforcement of human trafficking laws in Malawi and whether a more multi disciplinary approach is suitable .
Paper long abstract:
Human trafficking is a serious crime and a violation of human rights. Violations of human rights are both a cause and a consequence of trafficking in persons, making the promotion and protection of human rights particularly relevant to the fight against it. Malawi has not been spared this vice , despite being a party to several international human rights instruments and the Palermo Protocol itself, Malawi is said to be a source, transit, and destination country for human trafficking of mostly women and girls. Malawi enacted the Trafficking in Persons Act (2015)(TIP 2015). A progressive law whose objectives are amongst other things “to make provision for the prevention and elimination of trafficking in persons. However the continued reports of human trafficking in Malawi raises the critical questions as to why despite nearly a decade of resourcing and the establishment of an extensive anti-human trafficking legal framework, human trafficking persists with little or no change. It further raises the question as to whether Malawi’s legal framework is adequate to respond to the lived in realities of citizens in as far as combating human trafficking is concerned. The paper analyses Malawi’s anti-human trafficking legal framework to identify the gaps and barriers and to propose solutions including multidisciplinary approaches for effective implementation.