Key developments since May 2004: Malawi has drafted national
implementation legislation. The President of Malawi attended the First Review
Conference. Malawi has begun surveying and clearing camps belonging to the
disbanded Malawi Young Pioneers. Malawi developed a five-year plan for mine
action, with UN technical assistance. A program was developed for a
comprehensive survey of mine casualties. The five-year plan includes the
objective of improving victim assistance. In 2004, a new national disability
policy was approved.
Mine Ban Treaty
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 ]
Malawi submitted its third Article 7 transparency report on 16 May 2005, for
the period April 2004 to April 2005.[2 ]This included the voluntary Form J.
The President of Malawi, Bingu wa Mutharika, led the country’s
delegation to the First Review Conference of the Mine Ban Treaty, held in
Nairobi in November-December 2004. In his speech, he said Malawi “wishes
to condemn the continued production, distribution, sale, use, stockpiling and
transfer of landmines” and he urged “all the Member States of the
United National [Nations] family and international organizations involved in the
campaign to ban landmines to double their efforts to convince more of these
non-State Parties and armed non-State actors to accede to the
Convention....”[3]
Malawi participated in the June 2005 meetings of the intersessional Standing
Committees in Geneva. Brig. Reuben Ngwenya, the landmine coordinator of the
Malawi Defence Force, made an intervention providing information on
Malawi’s problems, plans, progress and priorities in meeting its Article 5
mine clearance obligation.
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.
Production, Transfer, Stockpiling and Use
Malawi has stated on several occasions that it has never used, produced or
stockpiled landmines.[4 ]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; eight
“TMN” antivehicle
mines.[5]
Landmine and UXO Problem
In Malawi there are areas suspected to contain mines along the
1,000-kilometer border with Mozambique, which were placed “probably during
the civil war in Mozambique from
1975-1990.”[6 ]A UN assessment
mission in 2003 linked mine and unexploded ordnance (UXO) contamination with the
disbanded paramilitary organization, Malawi Young Pioneers, which had 33
training camps in 22 of the country’s 27 districts; these camps are
suspected of being contaminated mainly with
UXO.[7 ]Some of the UXO in the
northern part of Malawi are also reportedly the result of World War
II.[8 ]
This mine/UXO contamination is included in Malawi’s Article 7 report
of April 2005.[9 ]Due to regular
flooding in the region, it is feared that antipersonnel mines and UXO may have
moved. The majority of suspected contaminated areas are located in rural areas,
with people and livestock living in close proximity.
Mine Action Program
Malawi established the interministerial National Committee for Landmines in
2003, with responsibility to set policy and mobilize resources. As well as
relevant ministries, the committee includes members of civil society, such as
the Center for Human Rights and Rehabilitation, and Malawi Red Cross Society. A
national mine action office was also formed within the Armed Forces to
coordinate mine action at the operational
level.[10]
In preparation for the First Review Conference in November–December
2004, Malawi developed a five-year plan of action (2005-2009). The plan was
submitted to the UN and possible donors at the high level segment of the First
Review Conference in Nairobi. The plan has seven strategic objectives: to
identify all mined areas by an initial survey by early 2005; to survey all known
mined areas by the end of 2005; to conduct mine risk education; to clear or mark
all mine-affected areas by mid-2009; to improve victim assistance; to develop
legislation for presentation to parliament by 2005; to increase the National
Mine Action Office’s capacity to coordinate mine action
operations.[11]
Malawi reported at the end of April 2005 that it had already begun to
implement the plan.[12 ]In June, it
reported that it was seeking to mark all dangerous areas by the end of
2005.[13]
Mine/UXO Clearance and Mine Risk Education
Under Article 5 of the Mine Ban Treaty, the deadline for Malawi to destroy
all antipersonnel mines in mined areas under its jurisdiction or control is 1
March 2009.
In its Article 7 report, Malawi does not report mine clearance as having
taken place in the reporting period April 2004-April
2005.[14 ]It states that the Danish
Demining Group “intends to assist Malawi conduct a detailed demining
program. They, however, need donor funding which we are still
sourcing.”[15 ]However, in
June 2005 Malawi informed the intersessional Standing Committee that 18 Malawi
Young Pioneers bases had been cleared. Mostly small arms and ammunition had
been found “and not the large bombs that had been
expected.”[16]
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.”[17 ]
At the First Review Conference, President Bingu wa Mutharika called on
donors to support Malawi in its efforts to clear mines and UXO from its
territory.[18 ]In June 2005, Malawi
called for support of US$267,000 to fund survey and clearance activities for the
rest of 2005.[19 ]
Mine/UXO Casualties
In 2004, no new landmine casualties were reported in Malawi. In 2003, four
children were injured in two landmine
incidents.[20 ]No new casualties
were reported in the first half of 2005. The police, Ministry of Health, and
some local and international organizations are the main sources of information
on mine/UXO incidents.
In August 2004, it was reported that landmines had killed at least 41 people
and injured around 1,000 others between 1986 and 2003, but it is believed that
the true figure could be higher.[21 ]A program has been developed for a comprehensive survey on landmine
casualties. To April 2005, 27 mine survivors have been identified; the survey
continues.[22 ]
Survivor Assistance and Disability Policy and Practice
Malawi reportedly lacks the capacity to provide surgical and orthopedic
treatment for major trauma related injuries, including mine/UXO casualties. It
has two state-run rehabilitation clinics and two private clinics with only about
four orthopedic technicians to serve the needs of all persons with disabilities.
Opportunities for psychological support, vocational training and other
socioeconomic reintegration activities are very limited, particularly in rural
areas.[23 ]The Ministry of Health
has responsibility for medical care and physical rehabilitation, while the
Ministry of Labour and Ministry of Social Development and Persons with
Disabilities have responsibility for psychological support and socioeconomic
reintegration.[24 ]
At the First Review Conference, the President of Malawi declared that his
government “has established public structures, which could help to
integrate [landmine survivors] in our societies. This will be done by the
provision of loan facilities through micro-finance projects as well as health
care systems.” He concluded by welcoming donor support to implement the
initiatives.[25 ]
Malawi’s five-year plan of action (2005-2009) includes the objective
of improving the level of victim
assistance.[26 ]Malawi submitted
the voluntary Form J with its annual Article 7 Report in
2005.[27 ]
The Malawi Council for the Handicapped provides support for persons with
disabilities, including physical rehabilitation and socioeconomic
reintegration.[28 ]
The Federation for People with Disabilities (FEDOMA) serves as an umbrella
organization for seven associations of persons with disabilities in Malawi. 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 persons with disabilities had 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.[29]
Other organizations assisting people with disabilities, and possibly mine
survivors, are Feed the Children Malawi, Malawi against Physical Disability, and
Sue Ryder Foundation.[30]
In Malawi the rights of persons with disabilities are protected by a
combination of special and general legislation. In the last sitting of
parliament in 2004, a new national disability policy was presented, debated and
approved.[31 ]The Minister of State
Responsible for Persons with Disabilities is a cabinet-level position and is
held by a person with a
disability.[32]
[1 ]Article 7 Report, Form A, 16
May 2005.
[2 ]The two other reports were
submitted on 9 April 2003 (for September 2002-February 2003) and 6 May 2004 (for
September 2003-April 2004). Thus, March 1999-August 2002 and March
2003–August 2003 are not covered. The initial report was due 28 August
1999.
[3]Dr. Bingu wa Mutharika,
President of Malawi, “Towards a Mine-Free World,” First Review
Conference, Nairobi, 3 December 2004.
[4 ]See, for example, Dr. Bingu wa
Mutharika, President of Malawi, “Towards a Mine-Free World,” First
Review Conference, Nairobi, 3 December 2004.
[5]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.
[6 ]Article 7 Report, Form C, 9
April 2003.
[7 ]UNMAS, “Mine Action
Assessment Mission to Malawi,” 19-29 August 2003. The training camps were
located in the districts of Zomba, Kasungu, Blantyre, Ntcheu, Mangochi, Thyolo,
Chiradzulu, Dedza, Dowa, Mchinji, Ntchisi, Mulanje, Mwanza, Nsanje, Chitipa,
Karonga, Chikwawa, Salima, Rumphi, Lilongwe, Nkhota-Kota and Mzimba.
[8 ]Telephone interview with Kapote
Mpeta, Acting Village Head, Karonga, 6 June 2005.
[9 ]Article 7 Report, Form C, 16
May 2005.
[10]Ministry of Defence,
“Preparing for the First Review Conference, Communicating Elements of
Plans to implement Article 5,” undated (2004), pp. 2-3. See Landmine
Monitor Report 2004, p. 555.
[11]Ministry of Defence,
“Preparing for the First Review Conference, Communicating Elements of
Plans to implement Article 5,” undated (2004), pp. 3-5; Article 7 Report,
Form A, 16 May 2005.
[12 ]Article 7 Report, Form A, 16
May 2005.
[13]Statement by Malawi,
Standing Committee on Mine Clearance, Mine Risk Education and Mine Action
Technologies, Geneva, 15 June 2005.
[14 ]Article 7 Report, Form F, 16
May 2005.
[15 ]Article 7 Report, Form C, 16
May 2005.
[16]Statement by Malawi,
Standing Committee on Mine Clearance, Mine Risk Education and Mine Action
Technologies, Geneva, 15 June 2005.
[17 ]Article 7 Report, Form I, 16
May 2005.
[18 ]Dr. Bingu wa Mutharika,
President of Malawi, “Towards a Mine-Free World,” First Review
Conference, Nairobi, 3 December 2004.
[19 ]Statement by Malawi,
Standing Committee on Mine Clearance, Mine Risk Education and Mine Action
Technologies, Geneva, 15 June 2005.
[20 ]See Landmine Monitor
Report 2004, p. 557.
[21 ]Interview with Col. R.P.
Ngwenya, Armed Forces, Lilongwe, 14 September 2004; “Dealing with the
Threat of Landmines,” IRIN, 30 August 2004; see also Landmine
Monitor Report 2004, p. 557.
[22 ]Article 7 Reports, Form J,
16 May 2005 and 6 May 2004; National Coordination for Landmines meeting,
November 2004.
[23 ]UN, “Report from
Assessment Mission to Malawi,” 5 February 2004, p. 11; see also
Landmine Monitor Report 2004, p. 557.
[24 ]Article 7 Report, Form J, 16
May 2005.
[25 ]Dr. Bingu wa Mutharika,
President of Malawi, “Towards a Mine-Free World,” First Review
Conference, Nairobi, 3 December 2004.
[26 ]Ministry of Defence,
“Preparing for the First Review Conference, Communicating Elements of
Plans to implement Article 5,” undated (2004).
[27 ]Article 7 Report, Form J, 16
May 2005.
[28 ]See Landmine Monitor
Report 2004, p. 557.
[29]Interview with Juliana
Mabangwe, Secretary, Executive Council, FEDOMA, 30 April 2005; see also 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.
[30]Interview with Juliana
Mabangwe, FEDOMA, Lilongwe, 30 April 2005
[31 ]Interview with Juliana
Mabangwe, FEDOMA, Lilongwe, 30 April 2005; see also Landmine Monitor Report
2001, p. 94.
[32]US Department of State,
“Country Reports on Human Rights Practices-2004: Malawi,” Washington
DC, 28 February 2005.