Stakeholders’ knowledge of legislation and perceptions of its utility

Our policy maker, NGO and health care worker interviews revealed that knowledge of existing laws on violence in Malawi varied greatly. On the one hand a minority of stakeholders from NGOs, especially those dealing with human rights issues; those involved in lobbying government and those with a law background had comprehensive knowledge and were articulate regarding legal provisions and challenges of implementing the law. On the other hand the majority of participants could hardly say what the laws were about as this quote illustrates:

“Eh! Ha! (Sighs) there was a document concerning that but I don’t real know what it says. There is a document on GBV but I am not sure of what it says” (City of Blantyre, KII)

The degree of legal dissemination, awareness and implementation was found to be limited. Community members, public officials and stakeholders working in gender services all agreed that accessibility to the law is limited due to lack of awareness. This did not only apply to women living in the rural areas but also among the city dwellers. Limited gender violence activities and assumptions that the city are more educated and have many sources of information was perceived to be one reason why dissemination of the law in the city was low.

Even service providers who are supposed to be in the fore front advising people regarding the law seemed to have limited knowledge and reference material

“We haven’t had a chance to scrutinize it properly (laughs). They told us we are going to receive one but we haven’t ... we are just told in workshops. It has not been issued to us but from what we have been told in workshops there was no mention to that effect” (Small group, police)

Stakeholder interviews revealed that the PDVA was perceived to be a useful piece of legislation by those who were aware of it, although difficult to apply. One participant indicated that the PDVA has helped to clarify the role of police in domestic violence issues. The police were now attending to domestic violence cases yet previously they were refusing to handle domestic violence cases because they claimed that the penal code referred only to criminal and not domestic violence cases. The provider also illustrated how the PDVA is helping in curbing violence by giving the following example:

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“The prevention of domestic violence law has had some impact. We have seen abusers stopping violence. For example a medical doctor prominent in society was abusing the wife. He was served with the protection order and stopped the abuse. Later on he kept on asking the wife who is your lawyers? It has some impact.” (Female GBV service provider, KII)

However, the degree of implementation and the challenges associated with implementation as well as the level of accountability were thought to be low and instances of enforcement rare. Protection orders were felt to be difficult to enforce, often leaving women and children in vulnerable positions. The tenancy occupation clause would see men leaving marital homes only to move in with a new partner and leave the family destitute. Obtaining financial support from estranged partners was also seen to be unenforceable.

A number of practical challenges were mentioned and service providers were left feeling they were filling the gaps themselves. For adults the response was felt to be piecemeal and capacity to implement the legislation limited.

“There is no professional attention given to survivors of violence nor is psychosocial counselling, financial or education support provided to the survivors. Most organizations work on assumptions because there is lack of skills in most stakeholders. There is need for a fully fledged programme to deal with trauma.” (Male GBV service provider, KII)

Some participants explained that the prevention of domestic violence law is limited to guiding people on how to prevent domestic violence and not dealing with violence which has already occurred. Participants felt that the law is somehow silent on what assistance would be given to somebody who has received domestic violence, especially, where the survivor has been disabled due to violence.

Those more familiar with the legislation indicated that the issue of marital rape has not been captured in the law. Some providers who participated in forums lobbying for marital rape to be legislated explained that this was and still is one topic that sparks high level debate, and even, divisions or arguments within the circle of NGOs involved in human rights promotion. Some noted that even female parliamentarians did not support the idea of criminalising marital rape. Others felt that failure to include marital rape was a result of wide consultative process conducted by the Law Commission. Most of these arguments were based on the

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understanding that Malawi is a Christian nation. However, some noted that there is a toning down when such marital rape issues are being discussed these days. More people including men are realising that rape does occur in families but they don’t agree with criminalising the act.

There was a general feeling among interviewees that the Malawi government has shown intent to end violence in Malawi by ratifying different human rights instruments and stipulating specific issues in relation to protection of children and women against violence. Service providers rely on the definitions provided by different documents be it international human rights conventions even local laws to determine what form of violence a survivor has experienced or determine whether the issue brought before them could be categorized as violence or not . However, the major challenge is to ensure that the various conflicting aspects in law in Malawi are harmonised and translated into practice.

“But at the same time the confusion comes in because the laws are conflicting. Because this law says the child can get married at the age of 15 years. The other law says no; any child below the age of sixteen years when they engage in sexual activity with a man then that’s defilement. So it’s also because our own laws are conflicting. At the end of the day it’s not clear what law is protecting who” (Female GBV service provider, KII)

Mixed responses were also obtained in community interviews regarding the laws addressing rape in Malawi demonstrating a lack of knowledge on the part of the participants, although all agreed that there is no law about marital rape in Malawi. They explained that rape in marriage is not discussed outside the house.

“Aah! I can say that may be there can still be differences... For instance, in case of marriage you may rape and you may discuss and it ends there in the house but if you rape a person whom you did not marry the issue can reach far.” (Older men FGD, urban)

Some community members, particularly male, were of the opinion that violence laws are biased towards women. They said they have never heard a woman being arrested for raping a man, yet women do rape boys. Some participants felt that the major challenge with woman – boy rape is that a lot of men do not take this form of coercion seriously so they remain silent

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but acknowledged that if such cases were to be reported then it was likely that the women would also be prosecuted.

The PDVA was said to be hated for making women stubborn

“To be honest I am against the law of Malawi because our laws favour women very much. Women are deliberately becoming disrespectful in the family, or having extra marital partners with the view that if you slap her she will report about violence against women, the man will be put in custody.” (Older men FGD, urban)

Community members felt that the problem is that the government has not come in the open to inform people about the laws regarding violence. One participant said the government is not enlightening people with regards to rape laws. People do not know whether forcing a wife to sleep with her husband is rape or whether refusing to sleep with a husband is violence. This was perceived to be a burden among people in the rural areas where most of them are ignorant about the laws.

“We have not been reached, we have not been told in the open. If the laws are there they have not been told to us people in the villages that we should know that when a woman refuses, or a woman should also see that when I refuse my husband I have acted violently against him.” (Older men FGD, rural)

5.1.6Summary

This review and interviews with various stakeholders has highlighted gaps and inconsistencies in the legislative pieces meant to fight violence which may lead to on-going vulnerability of women and girls to abuse and violence. A number of conflicts and gaps can be identified in the legislative environment that undermines efforts to address violence against women and children in Malawi. While there is increasing political support, there remains limited research and experience to guide service provision and inform advocacy campaigns.