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On the protection of women, Section 24 of the Constitution specifically provides for the
rights of women. The Marriage, Divorce and Family Relations Act (MDFR) was enacted
in 2015. The Act goes to the very root of gender equality and women empowerment, and
is in line with the provisions of the CEDAW and the Maputo Protocol. On equality,
Section 48 of the Act provides that a party to a marriage is entitled to equal rights as the
other in their right to consortium. The Act also protects the property rights of a woman in
the marriage and upon dissolution of the marriage. Under Section 71 of the Act, a woman
is entitled to the property she owned individually.
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The MDFR also protects the rights of children. Section 95 of the Act provides that in any
proceedings brought by either party to the marriage, the Court shall treat the welfare of
the child as paramount. More details on the rights of women are provided in Part B of this
report.
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The Trafficking in Persons Act seeks to eliminate trafficking of women, girls and boys
for sexual exploitation and child labour. Section 79 of the Child Care, Protection and
Justice Act also criminalizes child trafficking. In August, 2017, the 2017-2022 National
Plan of Action against Trafficking in Persons was launched. It targets reduction of
trafficking in persons’ cases by 50% by 2022.
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The enactment of the Trafficking in Persons Act in 2015 will ensure the protection of
women and children from exploitation. Trafficking of children is specifically prohibited
under Section 15(1) of the Act. The offence attracts imprisonment for twenty-one years
without the option of a fine. This is unlike trafficking in persons generally which attracts
imprisonment for fourteen years. The Act considers trafficking in children to be an
aggravated form of trafficking, hence affording more protection to children.
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On training, the Malawi Police Service has anti-trafficking training in its curricula for its
training schools in Limbe, Mtakataka and Mlangeni Police Training Schools and Zomba
Police College. The Department for Immigration trained a number of new immigration
officers on victim identification and assistance to potential trafficking victims. The
Judiciary conducts trainings on the anti-trafficking law with a particular focus on
sentencing guidelines for offenders. The Ministry of Gender, Children, Disability and
Social Welfare together with the Southern Africa Development Community (SADC)
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