Trafficking in Persons Act

The Trafficking in Persons Act provides for the prevention and elimination of human trafficking, in addition to establishing the National Coordination Committee against Trafficking in Persons which serves to coordinate and manage related issues in Malawi (the “Committee”). The Act applies to offenses committed at least partly in Malawi (or in contemplation of committing a crime inside Malawi), committed by a citizen of Malawi, or involving the trafficking of a citizen of Malawi. The Committee is responsible for coordinating and overseeing investigations and prosecutions under the Act, as well as formulating policy, educational programming, and recommendations with Malawi on the topic, amongst other responsibilities. The Act provides the Committee with affirmative responsibilities to trafficked persons, including access to adequate health care and shelter, protection from discrimination, and legal support. The Act criminalizes the trafficking of other persons, punishable up to 14 years of imprisonment. The Act provides a list of aggravating factors that can extend the punishment by life imprisonment, including if a trafficked person becomes pregnant or is forced to terminate a pregnancy. There are additional penalties associated with trafficking in children, including a maximum sentence of 21 years imprisonment, as well as for benefiting from exploitation or trafficking and providing support for trafficking offenses. The Act further regulates international transportation organizations, and provides specialized investigatory and judicial mechanisms for the enforcement of the Act.