Malawi: Small arms problem needs attention

Malawi Police Service and Centre for Human Rights and Rehabilitation (CHRR)
Supported by GTZ, DfID MaSSAJ, Saferworld and SaferAfrica

Malawi National Focal Point Stakeholders Meeting

9-10 December 2003, Lilongwe Hotel, Malawi

The Malawi National Focal Point Stakeholders Meeting was convened at the Lilongwe Hotel on 9 and 10 December 2003. This meeting was formally opened by the Hon. Monjeza Maluza MP, Minister of Home Affairs and Internal Security, after welcoming addresses from the Deputy German Ambassador Mr Mende and the Deputy Inspector General of Police, Mr Mganga. It was attended by senior representatives from the Ministry of Home Affairs and Internal Security, Malawi Police Service, Ministry of Defence, Department Of Immigration, Customs, Department of National Parks and Wildlife, Department of Prisons, Members of the National Assembly, Chiefs, Heads of Community Policing Forums and representatives of civil society organisations.

The main objectives of the workshop were to:

§ Examine the nature and extent of the small arms problem in Malawi.

§ Discuss the establishment of a National Focal Point as an inter-agency committee to coordinate action to combat the small arms problem in Malawi, and review its mandate, membership, roles and functions.

§ Identify how a National Focal Point and a new government initiative to combat the spread of small arms will complement other existing government and civil society programmes, particularly in security sector reform.

§ Recommend what actions are needed to establish a NFP, develop and implement a work programme and identify where international organisations can help support this.

Participants noted that Malawi has not been as affected by the spread of small arms and light weapons as its neighbours. However, Malawi has been experiencing an increase in firearms-related crime including armed robbery and poaching, and there are growing concerns about the influx of weapons from neighbouring countries and the local production and use of muzzle-loading guns. Participants agreed therefore that the time is right to develop a new initiative to tackle the spread of small arms before the situation gets out of control. As a first step in the process it was seen to be important the more research into the problem of small arms is carried out.

Participants noted that Malawi had played a leading role in the development of the Southern African Development Community Firearm Control Protocol, that was signed in Blantyre in August 2001. The Government has since ratified this legally-binding Protocol. The Government has also played a key role in the development of the UN Firearm Protocol, the UN Programme of Action and the Bamako Declaration. Participants unanimously agreed the need to establish a National Focal Point as called for in these regional and international agreements.

Membership of the National Focal Point
Office of the President, Malawi Police Service (drawn from Police Operations, Legal Affairs, Community Policing and Criminal Investigations), Ministry of Foreign Affairs, Ministry of Home Affairs and Internal Security, Ministry of Education, Ministry of Defence, National Intelligence Bureau, Department of Immigration, Department of Prisons, Ministry of Justice, Ministry of Trade and Industry, Malawi Revenue Authority, Ministry of Finance, Department of National Parks and Wildlife, National Statistics Office, Malawi Law Society, the Malawi Law Commission, Local Government, Malawi Human Rights Commission, National Youth Council, Centre for Human Rights and Rehabilitation, Public Affairs Committee, National Initiative on Civil Education, and Regional Community Policing Forums.

Lead Agency
Participants recommended that political authority for the National Focal Point be contained within the Ministry of Home Affairs and Internal Security. The Malawi Police Service as the government agency with primary responsibility for controlling the spread of small arms and as the government agency with existing structure from the national to the village level, should be responsible for the co-ordination and the daily operations of the National Focal Point.

Structure and Lines of Co-Ordination
Participants stressed the importance of the Nation Focal Point complementing existing security structures in the country. It was recommended that the National Focal Point should report to the National Council for Safety and Justice. It was recommended that the National Focal Point have a secretariat.

Participants recommended that the National Focal Point utilise the existing community policing forums in order to ensure co-ordination from the national to the local level. This would also ensure the involvement of a wide range of civil society organisations at the local level.

Purpose
Participants agreed that the purpose of the National Focal Point is to co-ordinate national action to control the proliferation and trafficking of small arms.

Roles
Participants identified the following roles for the National Focal Point:
§ Co-ordinate the work of all government departments with a role to play in tackling the problem of small arms
§ Co-ordinate with civil society
§ Gather and maintain accurate information on small arms issues
§ Implement the commitments contained in the SADC Protocol and the UN Programme of Action, UN Firearms Protocol and Bamako Declaration
§ Co-ordinate with the SADC and SARPCCO secretariats (and provide them with a quarterly report on NFP activities)
§ Co-ordinate all bi-lateral activities with other SADC Nation Focal Points.
§ Document lessons learned and develop best practices

Priority issues for the National Focal Point to Address
Participants identified the following priority areas for the National Focal Point to address:
§ Reviewing Malawi’s firearms control legislation
§ Training magistrates and the courts to enforce small arms legislation
§ Reviewing transit controls and trade agreements
§ Strengthening and publicising procedures for the registration of civilian arms
§ Tightening controls on government stockpiles
§ Encouraging the voluntary surrender of small arms
§ Undertaking the public destruction of seized, surrendered and surplus small arms
§ Tracking and controlling the supply of ammunition
§ Capacity building for small arms related activities
§ Raising public awareness of the small arms issue
§ Prohibiting the illicit manufacture and possession of muzzle-loading guns
§ Ensuring effective information exchange between customs and police
§ Increasing penalties for small arms related offences
§ Enforcing controls on the carrying of traditional weapons and dangerous articles in public places

The review of the national firearms control legislation was identified as the key priority for response. It was recommended that the Law Commission be requested to prioritise the review of the national firearms control act. Participants welcomed the offer by DfID MaSSAJ to fund this review.

Participants recommended that initiatives are undertaken to develop a strategy for actions including the commencement of the development of a National Action Plan in the most appropriate manner for Malawi.

Participants endorsed this communiqué and tasked Deputy Commissioner Chingaru with presenting these recommendations to the National Council for Safety and Justice.