The Republic of Malawi signed the Mine Ban Treaty on 4 December 1997, ratified on 13 August 1998 and became a State Party on 1 March 1999. In May 2005, Malawi reported that draft national implementation legislation was “now in place awaiting submission to Parliament for approval.”[1] In March 2006, however, an official told Landmine Monitor that the legislation was still being drafted by the army legal office and would then undergo interministerial consultations before being submitted to parliament.[2]
As of 1 July 2006, Malawi had not submitted its fourth Article 7 transparency report.[3]
Malawi did not attend the Sixth Meeting of States Parties in Zagreb, Croatia in November-December 2005 due to the lack of financial resources.[4]
Malawi participated in the intersessional Standing Committee meetings in Geneva in June 2005, but did not attend the meetings in May 2006.
Malawi has not engaged in the extensive discussions that States Parties have had on matters of interpretation and implementation related to Articles 1, 2 and 3. Thus, Malawi has not made known its views on issues related to joint military operations with non-States Parties, foreign stockpiling and transit of antipersonnel mines, antivehicle mines with sensitive fuzes or antihandling devices, and the permissible number of mines retained for training.
Malawi is not party to Amended Protocol II of the Convention on Conventional Weapons.
Malawi has stated on several occasions that it has never used, produced or stockpiled landmines.[5] Malawi has 21 dummy landmines for training purposes held by the Combat Support Battalion of the Malawi Defence Force in Mvera: two “POMX” antipersonnel mines; seven PMN mines; two “Jumping Jack” mines; two Dev MDL mines; and eight “TMN” antivehicle mines.[6]
Malawi is contaminated by mines and unexploded ordnance (UXO), although the government has stated that Malawi has never owned or used mines.[7] The mine problem resulted from conflicts in neighboring Mozambique where, in its liberation war against Portugal and the subsequent civil war between the Liberation Front of Mozambique (Frente de Libertação de Moçambique, FRELIMO) and the Mozambican National Resistance (Resistência Nacional Moçambicana, RENAMO) factions, refugees and combatants established at least 16 camps in southeast and southwest Malawi. Crossing points on the 1,000 kilometer border and routes to these points on both sides of the border were mined by all parties in order to disrupt movement of opposing forces. Malawi reported that it is also probable that protective mines were laid by refugees and combatants around the camps they established in Malawi. Flooding caused by annual heavy rains may have compounded the mine problem by causing mines to migrate, including from Mozambique to Malawi.[8] High risk areas include Chikwana, Nsanje and Mangochi.[9]
The UXO problem stems from the same conflicts, but was thought to be exacerbated by the paramilitary Malawi Young Pioneers, which the Malawi Defence Force forcibly disbanded in 1993.[10] Although 33 of the paramilitary training camps were suspected of being contaminated, in May 2006, Malawi reported that general survey had revealed no UXO or abandoned ordnance.[11]
Farm land and resettlement areas in the southeast and southwest near the Mozambican border are unused because of mine/UXO contamination. Malawi faces pressures for increased land use in line with its national development plans. Casualties have been low as local communities are aware of the affected areas, but the 2003 UNMAS mission warned that over time, local people and newcomers would start venturing into these areas.[12]
National Mine Action Authority: The National Committee for Landmines, created in 2003, is composed of relevant ministries and NGOs, such as the Center for Human Rights and Rehabilitation and the Malawi Red Cross Society.[13] It has the mandate to “ensure that national development priorities are realized, that the government meets its obligations to the appropriate international conventions and that resources are mobilized.”[14] It is supposed to meet on a quarterly basis to review progress and make the necessary adjustments to the Action Plan.[15] However, the Ministry of Defence reported in May 2006 that the committee last met a year ago, in May 2005. Due to lack of funds and the few mine-related activities conducted, it was not deemed necessary for the Committee to meet. No future meetings were planned as of May 2006.[16]
Mine Action Center: A national mine action office was established in 2003, within the Armed Forces, responsible for coordinating mine action at the operational level. It was mandated to ensure that “mine action operations are conducted to agreed standards and for implementing quality assurance regimes.”[17] However, the mine action office did not develop into a formal operational structure; it lacks a central headquarters and coordinated few activities in 2005.
Since April 2006, a new official in the Ministry of Defence has been responsible for overseeing mine-related activities. In May 2006, he was reorganizing and relocating the mine action office as well as updating mine-related information; the mine action office was said to lack human resources, equipment and funding.[18] Based on discussions held during a mine action meeting of the Southern African Development Community (SADC) in Angola in April 2006, Malawi was considering placing the national mine action office under the Ministry of Foreign Affairs.[19]
In 2004, Malawi developed a five-year Action Plan (2005-2009) with seven objectives: to identify all mined areas through an initial survey of the 16 former refugee camps along the Mozambican border and the 33 former Pioneer camps by early 2005; to conduct an impact survey of all known mined areas by the end of 2005 in order to set clearance priorities; to conduct mine awareness campaigns; to clear or mark all affected areas by mid-2009 (high impact areas by end-2006, medium impact by end-2008, low impact by end-2009); to improve victim assistance; to create national legislation on landmines for presentation to parliament by 2005; and to conduct capacity-building in the national mine action office.[20]
Plans for 2006 were to continue survey and marking of suspected areas, to build the capacity of mine action staff and to further educate the population regarding the mine/UXO threat. Malawi planned to work “hand-in-hand” with neighboring countries, particularly Mozambique, to address the mine problem along their common borders; this was discussed during SADC mine action meetings.[21]
The Ministry of Defence does not use the Information Management System for Mine Action (IMSMA). Plans to connect with the SADC database had not been achieved by May 2006. The Ministry of Defence also remarked that mine action has yet to be mainstreamed in development planning but that “efforts were made to do so.”[22] This is despite the fact that Malawi’s Action Plan envisioned that the National Committee would invite the various ministries and government authorities to develop specific plans establishing linkages between their development activities and mine action.[23]
Malawi’s mine action bodies were not established through formal legal procedures, and Malawi does not use the International Mine Action Standards (IMAS) in its mine action program.[24]
Under Article 5 of the Mine Ban Treaty, Malawi must destroy all antipersonnel mines in mined areas under its jurisdiction or control as soon as possible, but no later than 1 March 2009.
Malawi’s five-year plan, drafted in 2004, states that, “if donor support is forthcoming, then it is feasible to have achieved [the vision to be free of the threat of landmines and unexploded ordnance] by 2009. If donor support is not forthcoming, then achieving this vision will take substantially longer.”[25] In May 2006, the Ministry of Defence stated that “it had no doubt” that Malawi could become mine-free by 2009 with the appropriate funding.[26] However, given that no clearance operations were conducted in 2005, none were planned for 2006 and no external funding was expected in the near future, Malawi’s ability to comply with its Article 5 deadline for clearance is open to question. With the exception of survey activities, none of the objectives scheduled by the 2005-2009 plan for completion by mid-2006 had been achieved.
The Malawian Army is the only body in charge of demining in the country. Malawi’s Article 7 report of April 2005 reported that the Danish Demining Group (DDG) intended to assist Malawi to “conduct a detailed demining program; they however need donor funding which they are still sourcing.”[27] As of March 2006, DDG reported that it had not found an interested donor. DDG is keeping Malawi in its “active list” and will conduct operations when funding is available.[28]
The Ministry of Defence reported that a general survey was conducted around the 33 Malawi Young Pioneers camps in 2005. Some areas along the Mozambican border were also said to have been surveyed.[29] No contamination was discovered during any of the surveys.
There was no marking or fencing of any dangerous areas in 2005 due to lack of funds.[30] A project for marking and fencing was reportedly submitted to the German Embassy and is awaiting approval.[31] Malawi reported in April 2005 that it “continued to put some posters to indicate danger areas where landmines have exploded before and areas suspected to contain mines.”[32] It is not known how the population adheres to this type of warning. To date, no mine/UXO risk education has been conducted in Malawi. The general population is unaware of the potential threat, whereas the affected population is said to have developed a “natural awareness.”[33]
No mine clearance operations were conducted in 2005 and, as of May 2006, no operations were planned for 2006 due to lack of funding.[34] Some explosive ordnance disposal (EOD) operations were carried out in 2005 by the police and the army. The police usually respond to reports of mine/UXO from the population, but the army’s specialized EOD team can also conduct operations.[35]
No accidents were reported during survey and EOD operations in 2005.[36]
At the First Review Conference in Nairobi in November-December 2004, President Bingu wa Mutharika called on donors to support Malawi in its efforts to clear mines and UXO from its territory.[37] In June 2005, Malawi called for US$267,000 to fund survey and clearance activities for the rest of 2005.[38] No further information on funding and/or assistance requested or received by Malawi has been reported to Landmine Monitor. Malawi has no projects in the 2006 UN Portfolio for Mine-Related Projects.[39]
The Ministry of Defence reports that as no external funds were received in 2005 or by May 2006, it used its own funds to carry out survey operations.[40] The five-year Action Plan states that, “Malawi is committed to mobilizing its own limited national resources in order to address the mine/UXO problem and has tasked a number of government departments accordingly.”[41] In May 2006, the Ministry of Defence official in charge of mine action stated that a budget for mine-related activities would be prepared by July 2006.[42]
In 2005 and as of May 2006, no new landmine/UXO casualties were reported in Malawi, as in 2004 when none were reported. In 2003, four children were injured in two mine incidents.[43] The police, Ministry of Health and some local and international organizations are the main sources of information on mine/UXO incidents.
It is estimated that landmines have killed at least 41 people and injured around 1,000 others between 1986 and 2003, but the real figure is considered to be higher.[44] A program has been developed for a comprehensive survey of mine casualties. By April 2005, 27 mine survivors had been identified; the survey continues.[45] In April 2006, the police and the Center for Human Rights and Rehabilitation with the Ministry of Health were said to be preparing for more systematic collection and compilation of mine casualty data.[46]
Malawi lacks the capacity to provide treatment for major trauma-related injuries, including mine/UXO injuries.[47] Malawi faces a critical shortage of public health workers, health providers, facilities, equipment, transportation and medicines.[48] Reportedly, there is one doctor and 29 nurses available per 100,000 people. The crisis in the health sector has severely compromised the healthcare delivery system, particularly in rural areas.[49] Malawi has two state-run rehabilitation clinics and two private clinics.[50] There is only one qualified orthopedic surgeon.[51] Opportunities for psychological support, vocational training and other socioeconomic reintegration activities are very limited. The Ministry of Health is responsible for medical care and physical rehabilitation, while the Ministry of Labour and the Ministry of Social Development and Persons with Disabilities are accountable for psychological support and socioeconomic reintegration.[52]
In 2005, the Beit Trust Cure International Hospital in Blantyre established an Orthopedic Clinical Officer training program to cover the country’s orthopedic and trauma needs with support from the Swiss AO Foundation. The training program runs for 18 months and includes theoretical and practical courses in areas of basic orthopedics and trauma, with emphasis on conservative and non-operative treatment. The trainee officers work in three central and 24 district government-run hospitals attending most trauma cases. The AO Foundation is also sponsoring five years of training for a Malawian doctor at the College of Surgeons of East, Central and Southern Africa.[53]
Malawi’s five-year plan of action (2005-2009) includes the objective of improving the level of victim assistance.[54]
The Malawi Council for the Handicapped provides support for people with disabilities, including physical rehabilitation and socioeconomic reintegration.[55] In 2005, it assisted approximately 500 people with disabilities.[56]
The Federation for People with Disabilities (FEDOMA) represents seven associations of people with disabilities in Malawi. The UK Department for International Development has supported FEDOMA in a project aimed at enabling disabled youth to advocate for equal rights and opportunities.[57] A national study, conducted in collaboration between FEDOMA and other organizations, entitled Living Conditions among People with Activity Limitations in Malawi, found that households of people with disabilities have lower standards of living than other households. In addition, 40 percent of the people surveyed who used an assistive device claimed that they could not afford the maintenance cost of their equipment.[58] FEDOMA is responsible for a new awareness-building campaign established in Malawi.[59]
Other organizations assisting people with disabilities, and possibly mine survivors, are Feed the Children Malawi, Malawi against Physical Disability, and the Sue Ryder Foundation.[60]
Malawi has both special and general legislation protecting the rights of persons with disabilities; a national disability policy was approved in 2004.[61] The Constitution of Malawi provides support for persons with disabilities through greater access to public places, fair opportunities of employment and participation in all aspects of society.[62] However, implementation of these rights was limited due to lack of governmental resources.[63]
Several ministries have policy guidelines on disability. However, these are not comprehensive and are implemented only partially by a small number of departments within the ministries. The National Policy on Equalization of Opportunities for Persons with Disabilities intends to mainstream disability issues.[64] The Minister of State Responsible for Persons with Disabilities was a cabinet-level position held by a person with a disability until that person resigned on 9 October 2005.[65]
[1] Article 7 Report, Form A, 16 May 2005.
[2] Interview with Maj. Mkaliyinga, Mvera Barracks, Dowa District, 30 March 2006.
[3] Three previous Article 7 reports were submitted on 16 May 2005 (for April 2004-April 2005), 6 May 2004 (for September 2003-April 2004) and 9 April 2003 (for September 2002-February 2003). Thus, the periods March 1999-August 2002 and March 2003-August 2003 have not been reported. The initial report was due 28 August 1999.
[4] Interview with Col. R.R.K. Chimowa, Director of Policy and Planning, Ministry of Defence, Lilongwe, 29 March 2006.
[5] See, for example, Dr. Bingu wa Mutharika, President of Malawi, “Towards a Mine-Free World,” First Review Conference, Nairobi, 3 December 2004; Ministry of Defence, “Preparing for the First Review Conference, Communicating elements of plans to implement Article 5,” (draft; undated), p. 1, www.mineaction.org, accessed 18 May 2006.
[6] Article 7 Report, Form D, 16 May 2005. The UN Mine Action Service (UNMAS) identified the “POMX” as POMZ, the “Jumping Jack” as OZM, and “TMN” as TM46. UNMAS, “Mine Action Assessment Mission to Malawi,” 19-29 August 2003.
[7] Ministry of Defence, “Communicating elements of plans to implement Article 5,” p. 1.
[8] Ibid.
[9] UNMAS, “Mine Action Assessment Mission to Malawi,” 19-29 August 2003, pp. 2, 6.
[10] Ministry of Defence, “Communicating elements of plans to implement Article 5,” p. 1.
[11] Telephone interview with Col. R.R.K. Chimowa, Ministry of Defence, Lilongwe, 17 May 2006. During the Malawian transition to democracy, Operation Bwezani against the Pioneers led to increased insecurity as many of the paramilitary’s weapons were never retrieved. UNMAS, “Mine Action Assessment Mission to Malawi,” 19-29 August 2003, p. 4.
[12] UNMAS, “Mine Action Assessment Mission to Malawi,” 19-29 August 2003, p. 4.
[13] Ministry of Defence, “Preparing for the First Review Conference, Communicating Elements of Plans to implement Article 5,” p. 3; see Landmine Monitor Report 2005, p. 419.
[14] Ministry of Defence, “Communicating elements of plans to implement Article 5,” p. 5.
[15] Ibid, p. 6.
[16] Telephone interview with Col. R.R.K. Chimowa, Ministry of Defence, Lilongwe, 17 May 2006.
[17] Ministry of Defence, “Communicating elements of plans to implement Article 5,” p. 5.
[18] Fax from Col. R.R.K. Chimowa, Ministry of Defence, 11 May 2006.
[19] Telephone interview with Col. R.R.K. Chimowa, Ministry of Defence, Lilongwe, 17 May 2006.
[20] Ministry of Defence, “Communicating elements of plans to implement Article 5,” pp. 4-5.
[21] Fax from Col. R.R.K. Chimowa, Ministry of Defence, 11 May 2006, and telephone interview, 17 May 2006.
[22] Fax from Col. R.R.K. Chimowa, Ministry of Defence, 11 May 2006.
[23] Ministry of Defence, “Communicating elements of plans to implement Article 5,” p. 6.
[24] Telephone interview with Col. R.R.K. Chimowa, Ministry of Defence, Lilongwe, 17 May 2006.
[25] Ministry of Defence, “Communicating elements of plans to implement Article 5,” p. 3.
[26] Telephone interview with Col. R.R.K. Chimowa, Ministry of Defence, Lilongwe, 17 May 2006.
[27] Article 7 Report, Form C, 16 May 2005.
[28] Email from Paul Mckintosh, Head, DDG, 13 March 2006.
[29] Telephone interview with Col. R.R.K. Chimowa, Ministry of Defence, Lilongwe, 17 May 2006.
[30] Fax from Col. R.R.K. Chimowa, Ministry of Defence, 11 May 2006.
[31] Telephone interview with Col. R.R.K. Chimowa, Ministry of Defence, Lilongwe, 17 May 2006.
[32] Article 7 Report, Form I, 16 May 2005.
[33] Ministry of Defence, “Minutes of National Technical Committee,” 27 May 2004.
[34] Fax from Col. R.R.K. Chimowa, Ministry of Defence, 11 May 2006.
[35] Telephone interview with Col. R.R.K. Chimowa, Ministry of Defence, Lilongwe, 17 May 2006.
[36] Ibid.
[37] Dr. Bingu wa Mutharika, President of Malawi, “Towards a Mine-Free World,” First Review Conference, Nairobi, 3 December 2004.
[38] Statement by Malawi, Standing Committee on Mine Clearance, Mine Risk Education and Mine Action Technologies, Geneva, 15 June 2005.
[39] UN Mine Action Service, “Portfolio for Mine-Related Projects 2006,” www.mineaction.org, accessed 18 May 2006.
[40] Fax from Col. R.R.K. Chimowa, Ministry of Defence, 11 May 2006.
[41] Ministry of Defence, “Communicating elements of plans to implement Article 5,” undated but 2004, p. 6.
[42] Fax from Col. R.R.K. Chimowa, Ministry of Defence, 11 May 2006, and telephone interview, 17 May 2006.
[43] See Landmine Monitor Report 2005, p. 420; Landmine Monitor Report 2004, p. 557.
[44] See Landmine Monitor Report 2005, p. 420.
[45] Article 7 Reports, Form J, 16 May 2005 and 6 May 2004; National Coordination for Landmines meeting, November 2004.
[46] Interview with Mr. Lumbala, Rehabilitation Manager, Malawi Council for the Handicapped (MACOHA), Blantyre, 20 April 2006.
[47] See Landmine Monitor Report 2005, p. 420.
[48] Global AIDS Program, “Country Profile Malawi FY2004,” www.cdc.gov, accessed 19 April 2006.
[49] “Malawi: More needs to be done to stem brain drain,” IRIN, 18 April 2006; World Health Organization (WHO), “Malawi Country Profile,” www.who.int, accessed 18 April 2006.
[50] See Landmine Monitor Report 2005, p. 420.
[51] AO Foundation Malawi, www.aofoundation.org, accessed 19 April 2006.
[52] See Landmine Monitor Report 2005, p. 420.
[53] AO Foundation Malawi, www.aofoundation.org, accessed 19 April 2006.
[54] See Landmine Monitor Report 2005, p. 420.
[55] See Landmine Monitor Report 2004, p. 557.
[56] Interview with Mr. Lumbala, MACOHA, Blantyre, 20 April 2006.
[57] Philippa Thomas, “Disability, Poverty and Millennium Development Goals: Relevance, Challenges and Opportunities for DFID,” London, June 2005.
[58] Interview with Juliana Mabangwe, Secretary, Executive Council, FEDOMA, 30 April 2005; The Foundation for Scientific and Industrial Research at the Norwegian Institute of Technology (SINTEF) Health Research, “Living Conditions among People with Activity Limitations in Malawi. A National Representative Study,” 26 August 2004, www.fedoma.org, accessed 16 August 2005.
[59] Disability KAR Knowledge and Research, “Data and statistics on disability in developing countries,” July 2005, p. 14, www.disabilitykar.net, accessed 19 April 2006.
[60] Interview with Juliana Mabangwe, FEDOMA, Lilongwe, 30 April 2005.
[61] See Landmine Monitor Report 2005, p. 421.
[62] WHO, “Malawi Country Profile,” www.who.int, accessed 18 April 2006.
[63] US Department of State, “Country Report on Human Rights Practices-2005: Malawi,” Washington DC, 8 March 2006.
[64] “National Policy in Malawi for equalization of opportunities for persons with disabilities,” June 2005, www.aifo.it, accessed on 18 April 2006.
[65] US Department of State, “Country Report on Human Rights Practices-2005: Malawi,” Washington DC, 8 March 2006.