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Table of Contents
Country Reports
MALAWI, Landmine Monitor Report 2005

Malawi

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.