High Court of Malawi judge Zione Ntaba has said that despite Malawi having a solid anti-trafficking legal framework for combating sexual exploitation anchored in the Trafficking in Persons Act (TIPA), its implementation reveals troubling inconsistencies.
She was speaking in Lilongwe on Thursday during the launch of a Training Manual to guide local media on reporting sex trafficking cases responsibly and ethically, organized by People Serving Girls at Risk (PSGR) and Equality Now.
Ntaba, who made a key note address under the theme, ‘Turning the lens—media as a force for justice in combating sex trafficking in Malawi,’ said judicial records show that there are very few trafficking cases being prosecuted, and this is despite numerous reports of hundreds of trafficking incidents annually
“This enforcement deficit reflects systemic challenges, including inadequate investigative capacity, insufficient witness protection mechanisms, inadequate prosecution, and limited judicial familiarity with trafficking jurisprudence. It should be stated that Malawi stands at a critical juncture in its fight against sex trafficking and sexual exploitation. As a country, we are dealing with numerous vices, and this vice erodes our social and moral fabric.
“As a nation, our legislative framework has evolved to meet international standards, and policies have been developed with our specific context in mind to help eliminate this scourge. Despite all these remarkable frameworks, we consistently have a persistent gap between legal prescriptions and practical implementation.
“Touting that Malawi’s anti-trafficking legal framework provides a solid foundation for combating sexual exploitation is all good. However, legal prescription without effective implementation serves primarily symbolic rather than protective functions,” she said
Ntaba said that although Malawian courts have been developing jurisprudence around trafficking prosecutions, the body of case law on sex trafficking remains limited.
“This lack of jurisprudence demonstrates that there is a need for judicial recognition of trafficking’s gendered dimensions. Courts should ensure that there is an understanding of the vulnerability of women to trafficking and sexual exploitation, which is exacerbated by poverty, limited educational and economic opportunities, and cultural practices that devalue women’s autonomy. This judicial recognition of structural drivers aligns with sociological evidence about trafficking’s root causes.
“Our trafficking challenges stem from intersecting structural factors that our legal framework cannot effectively address. Poverty remains the primary vulnerability factor, with 70% or more of trafficking survivors, according to various studies citing economic desperation as the initial factor in their exploitation. Gender inequality, reinforced by harmful traditional, religious, and social practices as well as limited educational opportunities for girls, also creates systematic vulnerabilities that traffickers exploit,” she said
To effectively combat trafficking, Ntaba said concerted efforts are needed from various key stakeholders and duty bearers, including the media.
“The media’s role in combating trafficking extends beyond mere reporting to encompass its constitutional responsibilities under section 36 of the Constitution, which guarantees freedom of the press, coupled with freedom of opinion and expression in sections 34 and 35, while recognizing corresponding duties to promote human dignity and social justice.
“This provision creates positive obligations for all state and non-state actors to contribute to the elimination of discrimination and exploitation. Media organizations, as influential societal actors whose coverage spans both rural and urban areas, play a critical role in educating the public about trafficking. It is for this reason that the media bears a particular responsibility to ensure their reporting promotes, rather than undermines, these constitutional values. Truth be told, if not for the media/press, the women who had been exploited in Oman would not have made it home,” she said
Program Lead for Africa Ending Sexual Exploitation at Equality Now, Evans Munga said sex trafficking is a global problem requiring thoughtful and ethical reporting.
“This can help shift perception, encourage victims to come forward and put pressure on authorities to take action,” he said
Malawi is a signatory to several international agreements on trafficking, including the United Nations Convention Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, commonly known as the Palermo Protocol
Reports indicate that around two million female domestic workers reside in the Gulf Arab states. A survey in Oman by migrant charity Do Bold, involving 400 women, published by the 2023 US State Department Trafficking in Persons Report, found that almost all were victims of human trafficking.
Additionally, the 2024 US State Department Trafficking in Persons Report for Malawi stated that the government reported investigating 46 trafficking cases in 2023, compared with investigating 81 cases in 2022. The government also prosecuted 80 alleged traffickers in 46 cases, resulting in only 11 convictions, compared to 46 alleged traffickers prosecuted and 24 convictions in 2022. The three traffickers each received a six-year sentence
