Republic of Malawi

Covers the period from April 2001 to March 2004.

Population: 11.9 million (6.2 million under 18)
Government armed forces: 5,300
Compulsory recruitment age: no conscription
Voluntary recruitment age: 18; younger with parental consent
Voting age: 18
Optional Protocol: signed 7 September 2000
Other treaties ratified (see glossary): CRC, GC AP I and II, ICC, ILO 138, ILO 182; ACRWC

There were no reports of under-18s within the armed forces. However, recruitment of under-18s was possible since 16 year olds could join up with parental consent and few births were officially registered. The ruling party, the United Democratic Front (UDF), used its youth militia, which included children under 18, to harass the opposition.

Context

As political tensions heightened in the run up to the presidential and legislative elections in May 2004, reports persisted of violence by government supporters and police at opposition rallies and intimidation of opposition supporters.

Government

National recruitment legislation and practice

Recruitment to the armed forces was on a voluntary basis. In a public emergency, the National Service Act provides for every citizen between the ages of 18 and 50 to be called for national service.1

The Army Act stipulates 18 years as the minimum age of recruitment into the armed forces, or younger than 18 with the written consent of a parent or legal guardian (Section 14). The constitution provides for "every child under 16 ... to be protected from work that is likely to be hazardous" (Section 23) and implies prohibition of "the recruitment of children under 16 years into the military service, which can be categorized as a hazardous employment".2 The low rate of birth registration, as noted by the UN Committee on the Rights of the Child, heightened the risk of child recruitment.3

Armed members of the UDF youth militia, the Young Democrats, were involved in intimidating and seriously injuring opposition members and supporters.4 UDF officials accompanied them in acts of violence, using government or party vehicles.5 In March 2003 after local human rights groups complained to the Malawi Human Rights Commission, a statutory body under the constitution, President Bakili Muluzi condemned the violence and ordered re-training for the Young Democrats.6 However, they continued to act with impunity, threatening opposition members and destroying their property.7 The Director of Malawi's Institute for Policy Interaction affirmed, "we have had several incidents ... where opposition politicians have been attacked by gangs of youths, allegedly members of the ... Young Democrats, and police stood by and watched."8

Other developments

In 2003, UNICEF funded the country's first birth registration program.9 By early 2004, Malawi had not ratified the Optional Protocol.

1 B. Horeman and M. Stolwijk, Refusing to Bear Arms: A World Survey of Conscription and Conscientious Objection to Military Service, War Resisters International, London, 1998, http://www.wri-irg.org/co/rtba.

2 Report of Malawi to UN Committee on the Rights of the Child, UN Doc. CRC/C/8/Add.43, 26 June 2001, http://www.ohchr.org.

3 UN Committee on the Rights of the Child, Concluding observations: Malawi, UN Doc. CRC/C/15/Add.174, 2 April 2002.

4 Sonkhani Chawanda, "UDF Young Democrats attack NDA Campaign Director", Chronicle, 8 April 2002.

5 Centre for Human Rights and Rehabilitation (CHRR), Malawi Brief for Child Soldiers Coalition, 30 March 2004; other sources, including BBC, "Malawi president appears in court", 13 March 2003, http://news.bbc.co.uk; Sonkhani Chawanda, "UDF Young Democrats attack NDA Campaign Director", Chronicle, 8 April 2002.

6 CHRR, Statement on President Bakili Muluzi's condemnation of Young Democrats' terrorism, 12 March 2003.

7 BBC, "Malawi churchgoers see off yobs", 8 December 2003; Denis Mzembe, "Inquiry on MP Jangiya completed", Malawi Nation, 6 January 2004, http://www.nationmalawi.com; Mabvuto Banda, "Police detain NDA veep", Malawi Nation, 25 February 2004.

8 IRIN, "Malawi: Tensions heighten ahead of elections" 23 February 2004, http://www.irinnews.org.

9 US Department of State, Country Reports on Human Rights Practices 2003, February 2004, http://www.state.gov/g/drl/hr/c1470.htm.

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