Report on Systemic Failures in Protecting Women from Sexual Exploitation in Malawi and Alignment with Sustainable Development Goals

Introduction: A Violation of Human Rights and Sustainable Development Goals

The recent murder of Rosina Hara, a 27-year-old woman subjected to prostitution in Mzuzu, Malawi, highlights a critical failure to protect women from extreme gender-based violence and sexual exploitation. This incident is not isolated but symptomatic of broader systemic issues that directly contravene Malawi’s commitments to the Sustainable Development Goals (SDGs), particularly SDG 5 (Gender Equality) and SDG 16 (Peace, Justice and Strong Institutions). The case underscores an urgent need for structural reforms to safeguard women and girls and ensure accountability.

Root Causes of Sexual Exploitation and Contradiction to SDGs

The pathways leading women and girls into the sex trade are deeply connected to the failure to achieve several key SDGs. These systemic vulnerabilities create an environment where traffickers and exploiters can thrive.

Socio-Economic Drivers of Vulnerability

The conditions that foster sexual exploitation are a direct result of shortfalls in national development, undermining several SDGs:

• Poverty: A primary driver pushing women into vulnerable situations, in direct opposition to SDG 1 (No Poverty).
• Limited Access to Education and Economic Opportunity: Lack of educational and economic pathways for women and girls prevents their empowerment, failing to meet the targets of SDG 4 (Quality Education) and SDG 8 (Decent Work and Economic Growth).
• Systemic Gender Inequality: The foundational issue is a failure to address pervasive gender-based discrimination, which is the central focus of SDG 5 (Gender Equality) and SDG 10 (Reduced Inequalities).

Institutional and Legal Failures in Achieving SDG 16

Malawi’s response to sex trafficking and exploitation is hampered by a significant gap between legislation and enforcement, representing a failure to build the strong institutions required by SDG 16.

Gaps in Legal Implementation

While Malawi’s Trafficking in Persons Act of 2015 exists, its ineffective implementation means perpetrators are not held accountable. This disconnect undermines SDG 16.3 (Promote the rule of law and ensure equal access to justice for all), leaving vulnerable women without legal protection or recourse.

Case Study: The Failure of Justice for “Maggie”

The case of “Maggie,” a girl trafficked at 16, exemplifies the justice system’s failures. Her case has been stalled since 2018, demonstrating a lack of progress in prosecuting traffickers. This inaction is a clear violation of SDG 16.2 (End abuse, exploitation, trafficking and all forms of violence against and torture of children). A formal complaint has been escalated to the African Committee of Experts on the Rights and Welfare of the Child (ACERWC) by People Serving Girls at Risk (PSGR) and Equality Now.

Non-Compliance with International Recommendations

In 2023, the UN Committee on the Elimination of Discrimination against Women (CEDAW) issued recommendations for Malawi to address the root causes of sexual exploitation, decriminalize women in prostitution, and establish exit programs. Malawi’s failure to act on these directives indicates a lack of commitment to its international human rights obligations and the overarching goals of SDG 5 and SDG 16.

A Call to Action for SDG Alignment

Immediate and structural reforms are required to align Malawi’s actions with its SDG commitments.

Recommendations for the Government of Malawi

To address these systemic failures, the Government of Malawi is urged to take the following actions:

1. Conduct a rapid and transparent investigation into the murder of Rosina Hara to ensure justice, in line with SDG 16.1 (Significantly reduce all forms of violence) and SDG 16.3 (Access to Justice).
2. Fully implement national and international obligations, particularly the 2019 CEDAW recommendations and the Convention for the Suppression of the Traffic in Persons, to advance SDG 5.2 (Eliminate all forms of violence against all women and girls).
3. Provide comprehensive, survivor-centered training for police, judicial officers, and social workers to dismantle stigma and uphold women’s rights, thereby strengthening institutions as mandated by SDG 16.A.

The Role of Language in Upholding SDG 5

The terminology used to describe women in prostitution is critical. Referring to individuals like Rosina as “sexually exploited women” rather than “sex workers” affirms their status as rights-holders and reflects the coercive reality of the sex trade. This linguistic shift is essential for upholding the dignity and rights central to SDG 5.

Civil Society Commitment to Advancing the SDGs

Civil society organizations are committed to supporting Malawi in meeting its SDG targets.

Strategic Actions by Equality Now and PSGR

Equality Now and PSGR are broadening advocacy efforts to achieve systemic change by:

• Challenging discriminatory norms and closing legal gaps to protect women and girls from exploitation, directly contributing to SDG 5.
• Strengthening accountability mechanisms to ensure justice for survivors, a key component of SDG 16.
• Promoting the effective implementation of international frameworks like the Palermo Protocol and the Maputo Protocol as tools for translating SDG commitments into tangible protection.
• Championing survivor-centered policies to ensure that those most affected are empowered and their voices are central to policy-making, reinforcing the “leave no one behind” principle of the SDGs.

1. Which SDGs are addressed or connected to the issues highlighted in the article?

The article on the situation in Malawi highlights issues that are directly connected to several Sustainable Development Goals. The analysis below details the relevant SDGs.

1. SDG 5: Gender Equality

   This is the most central SDG in the article. The text focuses on the “extreme gender-based violence” faced by women like Rosina Hara, the systemic inequalities that push women into sexual exploitation, and the failure to protect women’s rights. The entire article is a call to address violence against women and the discriminatory systems that enable it.

2. SDG 16: Peace, Justice and Strong Institutions

   The article heavily critiques Malawi’s justice system. It points to a “significant gap between legislation and enforcement,” the mishandling of Maggie’s sex trafficking case which has been “plagued by multiple delays,” and the general failure to hold perpetrators accountable. The call for transparent investigations, implementation of laws, and training for judicial officers directly relates to strengthening institutions and ensuring access to justice.

3. SDG 8: Decent Work and Economic Growth

   The article connects the issue of sexual exploitation to economic factors. It states that “limited access to… economic opportunity” is a key reason women are pushed into the sex trade. Furthermore, it mentions that Maggie was trafficked through “false promises of legitimate work,” highlighting the link between human trafficking and the exploitation of labor.

4. SDG 1: No Poverty

   Poverty is explicitly identified as a primary root cause of vulnerability. The article states that “Poverty, gender-based violence, limited access to education and economic opportunity… all foster conditions in which exploitation thrives.” This directly links the fight against poverty to the prevention of sexual exploitation.

5. SDG 4: Quality Education

   The article mentions that “limited access to education” is one of the interrelated pathways that push women and girls into the sex trade. This connects the goal of ensuring inclusive and equitable quality education to the prevention of exploitation and the empowerment of women and girls.

6. SDG 17: Partnerships for the Goals

   The article concludes with a commitment from the organizations Equality Now and PSGR to broaden advocacy “through partnerships with civil society organisations, government bodies, and regional institutions.” This demonstrates the importance of multi-stakeholder collaboration to achieve systemic change, which is the core of SDG 17.

2. What specific targets under those SDGs can be identified based on the article’s content?

Based on the issues discussed, the following specific SDG targets can be identified:

• SDG 5: Gender Equality

  • Target 5.1: End all forms of discrimination against all women and girls everywhere. The article calls for challenging “discriminatory norms” and addressing “systemic inequalities” that make women vulnerable to exploitation.
  • Target 5.2: Eliminate all forms of violence against all women and girls in the public and private spheres, including trafficking and sexual and other types of exploitation. This is the core focus of the article, exemplified by the brutal murder of Rosina Hara and the trafficking of Maggie. The text explicitly discusses “gender-based violence,” “sexual exploitation,” and “trafficking.”

• SDG 16: Peace, Justice and Strong Institutions

  • Target 16.1: Significantly reduce all forms of violence and related death rates everywhere. The murder of Rosina Hara is a direct example of a violence-related death that this target aims to prevent.
  • Target 16.2: End abuse, exploitation, trafficking and all forms of violence against and torture of children. Maggie’s case, a girl who was 16 when she was trafficked, directly relates to this target.
  • Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all. The article’s emphasis on the “disconnect between the law and its implementation,” the call for justice for Maggie, and the demand for a “transparent… investigation” into Rosina’s murder all point to this target.

• SDG 8: Decent Work and Economic Growth

  • Target 8.7: Take immediate and effective measures to eradicate forced labour, end modern slavery and human trafficking. The article’s entire discussion on sex trafficking in Malawi, the trafficking of Maggie, and the exploitation of women in prostitution directly addresses the components of this target.

3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?

Yes, the article mentions or implies several indicators that can be used to measure progress:

1. Number of perpetrators held accountable for trafficking and violence against women. The article explicitly states that in Malawi, “few perpetrators [are] held to account,” implying that an increase in the number of investigations, prosecutions, and convictions would be a key indicator of progress.
2. Timeliness of the judicial process for trafficking cases. The article highlights that Maggie’s case has been “plagued by multiple delays in the criminal justice system.” Therefore, the average time taken to resolve such cases is an implied indicator of the justice system’s efficiency.
3. Rate of implementation of national laws and international recommendations. The article points to a “significant gap between legislation and enforcement” of Malawi’s Trafficking in Persons Act of 2015 and notes that Malawi “has not taken the necessary actions to comply with CEDAW’s directives.” Progress could be measured by the degree to which these laws and recommendations are implemented.
4. Establishment of support and exit programs for women in prostitution. The article mentions the CEDAW recommendation for Malawi to “establish exit programmes for those wishing to leave” prostitution. The existence and accessibility of such programs would be a clear indicator of progress.
5. Number of officials trained in survivor-centered responses. A direct call to action in the article is to “Provide comprehensive training for police officers, judicial officers, and social workers.” The number of personnel who receive this training is a direct and measurable indicator.

4. Table of SDGs, Targets, and Indicators

Source: equalitynow.org