MALAWI SECURITY SECTOR REFORM
PILOT PROJECT REPORT:
Sept 1999 – Aug 2000

Community Safety and Firearms Control

 Organised by the Public Affairs Committee of Malawi,
the Malawi Centre for Human Rights and Rehabilitation and
the International Peace Research Institute, Oslo (PRIO) in cooperation with
the Norwegian Initiative on Small Arms Transfers (NISAT)

 report by Brian Wood, Pilot Project Manager

 23 August 2000

Main Objectives:

In order to prevent small arms proliferation and misuse in Malawi:

• Help mobilize civil society groups to work in co-operation with the police to monitor and prevent cross-border trafficking in small arms and armed crime;
• Encourage support for better training of police and better accountability to prevent abuse

Summary of Main Results:

• Completed first stage of research and analysis of the scope of the problem of armed crime and sources of small arms in Malawi
• Enhanced public awareness of the dangers of illicit firearms and need for community policing
• Initiated proposals for legal reform, especially of Police and Firearms Acts using UN standards
• Assisted the Malawi Police, the main donor DfID, and priority communities affected by armed violence to promote and expand the capacity of Community Policing Forums
• Helped with the establishment of a training programme for community-based, police/civil society liaison groups
• Begun to develop regional cooperation between NGOs, in order to enhance cooperation between governments, police and civil society.

Resources:

• The Pilot Project employed three regular personnel, each working about 11 days per month. Brian Wood of the International Peace Research Intsitute, Oslo, (on sabbatical leave from Amnesty International HQ) was the part-time Project Manager. Robert Phiri of the Public Affairs Committee of Malawi (PAC) and Undule Mwakasungura of the Malawi Centre for Human Rights and Rehabilitation (CHRR) were the part-time Project Coordinators.

• The Norwegian Ministry of Foreign Affairs funded the Pilot Project through (PRIO), in cooperation with the Norwegian Initiative on Small Arms Transfers (NISAT). Some further funding was more recently provided by the Cannon Collins Educational Trust for Southern Africa, a UK NGO, for the production of a training video.

• The Pilot Project staff worked closely with members of the Malawi Police concerned with community policing and research and planning, members of the new Community Policing Forums, as well as with Graham Mathias, the UK police advisor for the Malawi Police Development project (MALPOD) and DfID officials concerned with this expanding this project.

• A legal consultant and former director of public prosecutions of Malawi, Kamudoni Nyasulu, assisted the Pilot Project with provisional legal opinion, and Colin Roberts, a UK community policing specialist based in Surrey who helped train members of the Malawi Police in 1998 as part of the DfID support programme, has also given advice to the Pilot Project.

• The British Council provided administrative and other support.The Pilot Project did not establish a separate office in Malawi, but used the facilities of PAC, CHRR, Prison Reform International in Malawi, MALPOD and the British Council.

• The Pilot Project staff also drew on the expertise of various NGOs, in particular that of the Institute of Security Studies based in Pretoria, Saferworld based in London and Amnesty International.

The Pilot Project is grateful to all of those above for their support.

Main Activities:

Following the inception reports and the Roundtable Meeting in Lilongwe in July 1999, (for which separate reports are available), the Pilot Project was agreed with various stakeholders. The activities commenced in September 1999, and are summarised below.

1. Research and Analysis

(a) Reports on armed crime in Malawi:

• Robert Phiri collected all available police statistics on serious crime to analyse them for patterns and indicators of causes. The Project published the results so far in a 20-page provisional report entitled "National Crime Statistics and the Proliferation of Small Arms in Malawi" which was distributed to all stakeholders.

• Undule Mwakasungura with the assistance of Charles Ng’oma established an ongoing newspaper monitoring system of violent crime reportage. The Project published a 50-page provisional report entitled "Arms, Violence and Security: print media reports in Malawi" which was distributed to stakeholders.

(b) Research activities on Policing and Armed Crime:

• Brian Wood identified published materials on policing in Africa and other countries and on community safety issues, and published a 28-page chapter entitled "Policing Reform on the Human Rights Agenda" in a book entitled "Over a Barrel: Light Weapons and Human Rights in the Commonwealth" by the Commonwealth Human Rights Initiative (New Delhi and London, November 1999, ISBN 1855 0710 10).

• An expert at the University of Natal helped start a collection of Project resource materials on policing, firearms and community safety which otherwise does not exist in Malawi.

• The Project Staff have cooperated in particular with the Institute of Security Studies in Pretoria and Saferworld UK to enhance this collection, as well as with Amnesty International.

• Project staff, with assistance from CHRR, PAC and the Malawi Police, organised three national meetings for representatives from 10 districts seen as most affected by violent crime. At one of the consultation meetings on 14 December, Undule Mwakasungura reported on a preliminary survey he carried out of crime prevention work in 4 districts of Malawi – Chitipa, Kasungu, Kawale in Lilongwe and Mchinji.

• In February 2000, the Project organised a study visit to KwaZulu-Natal, Pretoria and Johannesburg for two Malawi Police heads of station and the three Project staff in order to learn more about the impact of community policing initiatives on the high levels of armed and violent crime in South Africa. The results from South Africa were used to help the Malawi Police and the Project staff with the development of their work.

• In June 2000, the Project staff, in association with PRIO and NISAT, organised a seminar in Oslo on community safety, firearms control and policing. This included the presentation of papers by Project Staff as well as Assistant Commissioner Willie Chingaru of the Malawi Police, Graham Mathias, the DfID police adviser in Malawi, Kamudoni Nyasulu, a former Director of Public Prosecutions of Malawi, and Colin Roberts, an expert on community policing with the Surrey Police in the UK. Brian Wood will edit this material with other relevant materials gathered by the Project for a report to be published by PRIO.

 (c) Key findings on violent crime in Malawi:

• Malawi has been suffering a low and persistent level of armed violence mainly perpetrated by younger men. The country still faces a serious threat from (i) possible sudden influxes of small arms from armed conflicts in the region, even if peace agreements are reached and implemented, and (ii) existing violent crime in Malawi associated with the illegal possession of firearms.

• Malawi’s official crime statistics obtained by the Pilot Project staff show that reported crime increased steadily between 1995 and 1999, but many types of crimes have since decreased. Whether the upward trend was because more crimes were reported or because there were more actual crimes is unclear. Nevertheless, it is fairly clear that between 1997 and 1999, the number of armed robberies (mostly against business premises and higher-income households) reported to the police rose by nearly 40% while the number of murders per year increased slightly, even though many other reported crimes such as robberies, assaults, and mob justice declined in the same period. In particular, general theft and break-ins (both making up the majority of crime) declined considerably. At the same time, reported cases of vehicle theft increased. All these indicators, and the testimony of local police officers interviewed, suggest a steady growth of more organised crime and a decrease in petty crime. The general rise in the crime rate after 1994 and the recent decline in many types of crime left a disproportionate fear of some types of non-violent crime.

• The statistics obtained by the Pilot Project staff do not yet reveal the nature of traditional or other weaponry used in all crimes of violence nor does the data indicate whether some violent crimes (e.g. rape) have involved the use of particular weapons. Nevertheless, many local police and residents might describe details of weapons used in violent incidents.

 (d) Sources of illegal firearms in Malawi:

By December 1999, the Project staff provisionally concluded that evidence and reports so far showed that illegal possession and use of firearms in Malawi came from four main sources (in descending order of importance):

• AK47 assault rifles from stocks left over from the war in Mozambique and imports via Zambia and Tanzania probably emanating from the wars in Congo and the Great Lakes;

• 9 mm pistols made in South Africa making their way to Malawi through illegal markets;

• Government-issue firearms apparently "leaking" from Malawi police and perhaps army stocks, according to ballistic reports from recent attacks on business premises and evidence given during convictions of armed gang members in Malawi;

• Hunting guns used in some crimes and homemade guns apparently constructed locally.

(e) Main Findings on Community Policing

• The Malawi Police Service is significantly under-strength compared to other police forces in the region, and lacks the resources, training and specialist capacity such as firearms-ballistics and forensic units to effectively combat the perpetrators. In addition, a legacy of distrust still exists between police and some communities emanating from the past. In all districts, local police complained that their ability to patrol and interact with communities was seriously hampered by lack of transport and communications equipment. Local police also complained of light sentencing by magistrates for violent crime offences.

• In contrast, there has been an unprecedented proliferation of private security services. Unfortunately the rural and peri-urban communities do not have these services. Even in urban communities the low and medium income earners cannot afford these services.

• In 1995, the Inspector General of Police emphasised community-police partnership as a means of combating crime: "My vision is that the reform process is going to bring us closer to the people we serve. The Malawi Police needs to reflect in its services the priorities and expectations of the people of Malawi. All of us realise that the Police alone cannot win the battle against crime. It needs the active support and co-operation from the public which can only be achieved by developing an open partnership with them….It is envisioned that public participation in the reform process would in the long run bring together Police and the public into a wholesome partnership a partnership characterised by co-operation than confrontation." ⁶

• The UK Government through DfID began to assess the international need for assistance of the Malawi Police in November 1994. DfID has since provided some assistance, and is expected to increase this in the year 2001.

• Evidence from official statistics on complaints against the police, as well as newspaper and other direct reports of court cases, pointed towards a persistent level of abuse by some police officers against members of the public. Discussions with police indicate that such abuse had its roots in the long-standing lack of training and accountability systems compounded in turn by lack of material and human resources made available to the Malawi Police.

• Pilot Project staff found during mid 2000 that, despite shortages of police resources and evident misconduct by some police officers, great strides have been made by most district police stations in initiating community policing programmes. The Malawi Police leadership has encouraged this process, and a task team has assisted the district police. Civilians and police in many districts consulted said that crime prevention and detection work had begun to involve a real partnership of community representatives and police. This took the form of Community Policing Forums at the district or sub-district level, supported by Crime Prevention Panels and Committees at the village and group-village levels.

• Thus, the number of Community Policing Forums appears to have increased exponentially, from seventeen CPFs in June 1999 to over 350 CPFs in June 2000. In addition, thousands of Crime Prevention Committees and Panels have sprung up over the past year to support the CPF. In some areas such as Kanengo and Mchinji, such partnerships had been expanding rapidly, while in other areas they were weak. These new institutional arrangements require accountability, resources and servicing if they are to consolidate and fulfil their promise.

• Some CPFs in high crime areas, reported that, as a result of expanding civic-police cooperation, there were some positive indications of a decline in crime and violent crime. However, many CPFs still reported on-going incidents of violent crime and robbery in their areas involving the use of weapons such as pangas, machetes, and knobkerries, as well as AK47 semi-automatic rifles, shotguns and home-made weapons ("gogodilas"). Especially in border areas, gun-crime was blamed by CPFs on Malawians linked to foreigners from neighbouring countries usually with military or security backgrounds (e.g. former combatants in Mozambique).

 (f) Lessons from South Africa

The Malawi delegation to South Africa (referred to above) was able to learn from both positive and negative examples of community policing and firearms control.

• In 1999, roughly 25,000 South Africans were murdered, well over half with firearms. Many of the victims were police officers. Most police are authorised to carry firearms. In addition, the country still has laws permitting many tens of thousands of civilians to own firearms. Currently the South African Parliament is considering new legislation to tighten controls on civilian guns, but many experts consulted believe that the problem of gun violence has become historically entrenched since the apartheid regime and will take many years to reduce significantly. The high level of violence has negatively affected many community policing initiatives. So has the high illiteracy rate of police (over 25% in many areas) and the lack of in-service training for police.

• Kwamashu Township and its surrounds in Durban, which has roughly one million residents, has been plagued by unemployment and high levels of violence for many years. Criminal gangs armed with firearms have become entrenched. The local police were found to be few in number with relatively poor equipment and training. In 1999, the South African Government began "Operation Ventilation". This included house-to-house sweeps by heavily armed police in armoured vehicles and, according to evidence collected, poor cooperation with the existing local police. The result at the time of the visit was that very few firearms had been recovered, gang violence was continuing and police moral was very low.

• In contrast, the Police Task Force sent in to Edendale in Pietermaritzburg, had adopted a community policing strategy with an intelligence-led anti-firearms programme. Edendale is another large, low-income township, heavily affected by high levels of armed political violence, and increasingly violence perpetrated by organised criminal gangs. At the time of the visit, the Police Task Force was made up of highly trained officers from other parts of South Africa as well as a significant proportion of those local police members who were identified by local community leaders as being trusted by their supporters. Consequently, the Task Force obtained extremely valuable information on the activities and whereabouts of the armed gangs, resulting in a high number of arrests. Unfortunately, the judicial process was hampered by lack of resources, especially prosecutors, so most of those charged with murder were in prison awaiting trial. Nevertheless, in contrast to Kwamshu, the Task Force Police were able to show the Malawi delegation much of Edendale without carrying arms, all the while displaying very detailed local knowledge and being greeted by residents.

• The Malawi delegation also visited other community policing and firearms control projects in and around the Durban area, including at Cator Manor where the police had adopted a similar strategy to that in Edendale. Some projects in the Kwazulu Natal region appeared to be making significant progress in tackling violent crime. These included the firearms forensic laboratory (financed with support from the Canadian Government), the Belito Bay community policing project (sponsored by urban businesses and large farmers under the authority of the local council), and the trauma treatment centre south of Durban. Police and civilians at all these successful projects offered their support, if needed, to help their Malawian counterparts.

• Fragmented police districts in large urban areas were seen to be ineffectual, and the Durban Municipal Police (the only municipal police service in South Africa), was expanding to incorporate all the surrounding low-income suburbs under he new name of the Durban Metropolitan Police Service. That way, it is intended the police training and other resources in the entire metropolitan area can be more efficiently coordinated. This may have lessons for Malawi’s two large urban areas.

 2. Raising Public Awareness

• Apart from raising concern about armed crime and the need for the public to support professional policing amongst the general population, the Project staff identified following major partners and target audiences: churches, journalists, teachers, lawyers, business managers, human rights NGOs, youth, Members of Parliament, and traditional authorities. The Pilot Project begun to initiate contacts with these potential partners. For example, the Pilot Project has made approaches to the Chamber of Commerce, and the Tobacco Association about securing high-level business support for the CPFs, and has had discussions with members of the Education Development Unit to explore the promotion of school safety strategies.

• In order to encourage police and media cooperation so as to improve the public’s understanding of violent crime and the positive role that citizens can play, the Pilot Project organized a national seminar for senior police, editors and journalists who write on such issues. This seminar will take place on 25 August.

• Undule Mwakasungura was tasked by the Project with developing a series of radio broadcasts in cooperation with the Malawi Police, some of the CPFs and the Malawi Broadcasting Corporation. With material assistance from the Pilot Project, the MBC has produced four radio reports of how community policing has been developed in Kasungu, Mchinji, Dedza and Mangochi. In addition, the MBC has, with Pilot Project assistance, planned four panel discussions with senior police and NGO specialists on the following topics: (i) "Firearms & Violence - What can we do?" (ii) "Community Policing Forums - How they can help us?" (iii) "Human Rights Policing - why it is not soft on crime" (iv) "The future of policing and Crime in Malawi – where do we go from here?" The intention of the Pilot Project, the Malawi Police and the MBC is to have the site reports broadcast just before the panel discussions so that members of the Malawi public can pose questions and express their opinions to the panellists for n-air discussion.

• In order to help the Malawi Police improve its intelligence of illegal firearms, the Project staff and the Police Task Team designed and produced 10,000 "Report Firearms" posters. This was financed from Project funds and the posters are being distributed for use by CPFs. 8000 Report Illegal Guns posters have been produced and 1600 are yet to be printed by the end of August 2000. Each poster shows an image of an AK47 assault rifle with the message: Communities should be reporting illegal firearms to Police.

 3. Proposing Legal Reform

The Pilot Project requested Kamudoni Nyasulu, the former director of Pubic Prosecutions of Malawi who is now a private legal consultant, to produce a provisional legal opinion on the adequacy or inadequacy of Malawi’s current laws relating to community safety and firearms control. Approaches were also made to the Law Commission to clarify whether the Commission intended to review such laws. It would appear that the Commission will review the Police Act, and has donor funding for this exercise, but it is uncertain whether other laws relating to firearms control and community safety will be reviewed and if there is funding for such an exercise. The following are extracts from the provisional legal opinion commissioned by the Pilot Project.

• Currently all legislation relating to violent crime and firearms is in dire need of reform. The main Acts are outdated and do not contain many provisions which would be necessary to combat violent crime and transfer of firearms: Police 1946, Supplies Control 1966, Firearms 1967, Explosives 1968, Official Secrets 1913, Preservation of Public Security 1960, Restriction and Security Orders 1954, Riot Damage 1959, Protected Places and Areas 1960. The Law Commission is currently reviewing the related Army Act. The complementary Acts of Customs & Excise, Immigration, Immunities and Privileges, Protected Flag, Emblems and Names all have also to be reformed. In addition, there should be new legislation to govern private security services, private investigation services, and joint Community Policing bodies and their activities (e.g. Neighbourhood Watch). It is beneficial to have the same person or team of persons reviewing all the Acts together to ensure that there is harmony in their content and operational structure.

(a) Reform of the Police Act

• Although it is advisable that a separate Act of Parliament should regulate Community Policing, there must be a provision in the Police Act that recognises the partnership between Police and Community Policing bodies and between Police and the private security agencies. In many jurisdictions Police legislation will specifically provide for the establishment of a Police Reserve or Police Constabularies and their powers and duties. The Police Act does not have this, but at least now there must be some provision to enable the creation and recognition of Community Policing bodies for them to have a legal basis. Since Community Policing bodies may not strictly be defined as a division of the Malawi Police, being neither a Police Reserve nor a Police Constabulary, there may be need to have the Constitution amended in Section 152 to allow for the establishment of Community Policing bodies.

• In discussing citizens arrests, the general practice reported is that citizens who have arrested a suspect in an outlying area would immediately take the suspect to the nearest traditional leader who would instruct his messengers/appointees to take the suspect to the nearest Police Station or that a citizens arrest would be made by persons specifically instructed by the traditional leader. Although this practice seems to have emanated from the powers of traditional leaders from local government, chiefs and courts legislation, it is also recognised in Section 9 and 36 of the Police Act. These Sections of the Act could be amended to give limited authority to local leaders in communities to administer limited activities associated with Community Policing. For example to call meetings, visit schools and plan activities of civic education in cooperation with the Police.

• Assemblies and processions are regulated under Sections 25 – 29. Although a person violating those provisions is guilty of an offence, and although the provisions allow police to stop unlawful assemblies there is no procedure on how these assemblies or processions should be stopped. The newly reviewed Penal Code has made some provisions regulating the breaking up of an unlawful assembly but these provisions are inadequate. It would be advisable that under Section 27 or 28 of the Police Act, the international rules of conduct for the use of force and firearms should be incorporated. These rules require restraint when use of force is necessary ¹² and that force should only be used to the minimum extent.¹³

• Weapons, including firearms are dealt with under Section 29 and 30 of he Polic Act. The provision is clear that any weapon, panga, knife, firearm, knob kerrie etc is not allowed at meetings, processions or assemblies. The Roundtable meeting of December 1999 of the Pilot Project suggested that Police should stop people carrying traditional weapons in public. Put in general terms this would be difficult to agree because the rural communities will argue that they carry "traditional weapons" for a number of legitimate and everyday useful purposes e.g. cutting firewood, hunting, protection, peeling sugarcane among others. It may, however, be possible to extend the prohibition of carrying firearms to public places in circumstances not amounting to assemblies or procession but which are akin to them, and perhaps at certain odd hours. In any event where a person carries a weapon in suspicious circumstances, the Police are entitled to stop and detain the person or take away the weapon (Section 20).

• However, neither the Firearms Act nor the Police Act have regulations that carry clear guidelines on circumstances in which to use firearms, control, storage or accountability for the use or possession of firearms and ammunitions. The standing orders do have regulations but it would be advisable that the Police Act itself should have regulations. The regulations could be authorised and made under Section 30.¹⁵

• Discipline and conduct of police are dealt with under Section 39 in Part V of the Police Act. The whole Part V should be re-cast. It treats what are now major offences in the same manner as minor offences and mere breaches of discipline. These offences must be dealt with separately and in more detail:

Section. 39 (14) – abuse of accused
Section. 39 (16) – abuse of firearm
Section. 39 (20) – loss or sale of firearms
Section. 39 (21) – bribe

• The abuse of suspects has been treated in such a summary manner in the Police Act as if it is the same as Section 39(I)- disrespectful to a superior in rank, Section 39(7) idle or gossip on duty, Section 39(22) is slovenly – which offences carry the same sentence. The Act does not sufficiently deal with police brutality. This particular sub-section would have to be fully re-drafted to incorporate relevant international standards.¹⁶

• The legislation will not suffice however, until there is a mechanism put in place for investigating and punishing complaints against police abuse. The Presidential Working Group on Police Reform surveyed complaints against police. 66% of the respondents said they never complained against police against 33% who did. Of the 33% who had complained 88% said they were dissatisfied with the result because they got no help or no action was taken. Action against a police officer complained against is supposed to be taken by the officer in charge of the establishment where the offending officer is stationed.

• No doubt this raises suspicions among the public. The arrangement is also unsatisfactory because the camaraderie that exists between police officers is bound to influence the decision of the inquiring officer. Therefore, while the Police Act must be amended to create offences and provide for regulations that would ensure conformity to international human rights standards for law enforcement, there must also be established an authority that would deal with complaints against police officers whether such complaints amount to criminal offence triable by courts, or disciplinary offences dealt with by the police hierarchy. A Board of Inquiry, independent but knowledgeable of police operations, could be established for this purpose.

• The present Police Service Commission in Malawi has a composition proper for such Board of Inquiry or Complaints Board/Council (whatever name is given to such a body). Unfortunately, the powers and functions of the Commission focus on police employment, careers and welfare. It does not deal with police operational matters. Either a new Board of Inquiry or new powers given to the Police Service Commission should provide an independent mechanism to handle complaints against the police. How enquiries would be carried out or how allegations would be investigated, should be spelt out in new regulations.

• The other persuasive reason for having an independent Board is that there have been many instances when there has been general discontent about Police operations; teargassing of football spectators at the stadium, teargassing processions and other public operations. These do not always have a specific individual with the locus stand to report to police. They go uninvestigated and unpunished so far as the public is aware. An independent Board would inquire into these and make reports. The public must be re-assured that complaints against police or police violation will, at the minimum, be investigated. If they are in fact punished, this would be a bonus. Change of attitude and change of the image of the police can only come with an acknowledgement of errors committed, which can then be corrected.

• All the offences under the Police Act carry ridiculously low penalties. There needs to be a full review of first the offences so that each is treated on its own peculiar elements and so that it attracts its own penalty, and second the penalties so that they are aligned to penalties in other penal provisions like the Penal Code, the Road Traffic Act, the Dangerous Drugs Act and the Customs & Excise Act.

• No appeal to a court of law by a police officer guilty of an offence is allowed. This is clearly unconstitutional. ¹⁸It deprives a wronged police officer of pursuing his/her rights to the fullest. In fact the procedure for a wronged police officer to complain to his officer-in-charge or if wronged by his officer-in-charge to complain to the Inspector General does not really afford police officers adequate protection or redress against violation by senior officers. The whole unit is supposed to be one. It is difficult to penalise adequately a member of one’s own team.

(b) Reform of the Firearms Act

• The Firearms Act like the Police Act needs a full review of all penalties for violations of its provisions. Its major deficiency, however, is that the possession, transfer, acquiring and storage of firearms is very lax. A person wishing to deal in firearms merely applies to the Minister and at the minister’s discretion he or she is granted a dealer’s licence. No conditions are attached. The only duties placed on the dealer in firearms and ammunitions are that he/she should not store firearms or ammunition at any place other than at an approved magazine. This rule also applies to any person who has in his/her possession.¹⁹

500 round of shotgun ammunition
250 rounds of ammunition not being shotgun ammunition
600 round of .22 calibre ammunition
10 firearms of any description

• This requirement however is not made the condition or precedent if acquiring a firearm. The only other duties of the dealer are to mark and identify firearms that he deals in, but most firearms in Malawi are not bought locally from regulated dealers. This means that many licensed firearms in Malawi were bought from outside Malawi from dealers who are not subject to this rule, and were not therefore obliged to mark and identify the firearms they sold.

• There are no conditions for a person to acquire, possess, carry or transfer a firearm. One only needs to apply for a licence, and if two people senior in society (chief, village headman, magistrate, Member of Parliament or religious leader etc) recommend and then recommended by the District Commissioner and Police Officer in charge of the area, the licence may be granted. There are no guidelines as to who should be recommended as being suitable to acquire or possess a firearm. It is all at the discretion of the persons recommending and the person granting the licence.

• A person is even allowed to carry a firearm if he/she has a letter from the owner of the firearm so long as the owner of it has a licence. A survey in South Africa indicated that 80% of gun holders justified their possession on the basis of such a letter.²⁰ There are no rules for cancellation of licences. There is no requirement for proficiency in firearms before acquiring or possessing or using a firearm. Tourists need only show that in their country they were licensed to carry firearms for them to be given a permit.

• The Firearms Act therefore needs a section-by-section review and a restructuring and tightening of provisions that will remove discretion in many critical areas. Using recommendations of the United Nations²¹ and from the comparative study of firearms legislation from other jurisdictions, new draft legislation should be drawn up for submission to the Law Commission. To simply review the present Firearms Act may not be very beneficial because the structure of the Act may constrain the drafting person.

• If research/survey results support the perception that there are many current applications for licences for firearms in Malawi, the Government and the police should be lobbied to suspend issuing licences until new legislation is enacted or until the present Firearms Act is amended.

4. Support for Community Policing Forums

Based upon the research conducted by members of the Pilot Project, it was decided to prioritise work in the ten police districts out of the 33 in the country that had reportedly been most affected by armed crime. These were: Chitipa, Kasungu, Kawale, Kanengo, Dedza, Mchinji, Mangochi, Balntyre, Thyolo, Mulanje police districts. The Pilot Project held a number of meetings with representatives of the CPFs in these districts to identify priority needs. In addition to support for the local training needs of the CPFs, which are described in the next section of this report below, the following efforts were made:

• Based upon the positive experience in Kanengo where the UK High Commission had rewarded the local CPFs with bicycles, whistles, torches and a photocopying machine in 1999, it was decided to allocate some Pilot Project funds for the purchase of some similar equipment to four key CPFs to act as an incentive. This decision was based upon the assumptions that (a) such equipment is vital to the success of rural CPFs based along the border affected by gun trafficking and violence, (b) that the fundraising capacity of rural CPFs is limited, and that (c) the Project could probably secure further funding to help other CPFs in the future. As a result of consultations with the Malawi Police, it was decided to provide some equipment to the CPFs in Chitipa, Dedza, Mangochi and Mchinji, all of which are border districts which were affected by gun violence. In each case, the Project agreed rules for the proper use of the equipment with the local police.

• The delivery of equipment by the Project staff to the four districts was an opportunity to mobilise support. Fore example, nine bicycles and 300 whistles were delivered to Chitipa Community Policing Forum on 22 July, 2000. A 4 x 4 vehicle was hired to deliver the equipment and the activity took three days. The Police Officer in charge and the Chairman of Chitipa CPF formally received the bicycles and whistles on behalf of the CPF executive committee. The Executive Secretary of Chitipa District Assembly, members of District Development Committee, CPF and officers of government departments all attended the public donation ceremony. The Project Coordinator encouraged the creation of more CPF structures in the district and suggested the raising of funds locally as one way of sustaining the CPF in Chitipa. Issues of human rights abuses and how to address them were also discussed as well as issues of local democracy. The ceremony was video-taped by members of the CHRR. Materials on human rights, good governance and democracy were distributed as one way of civic education and information dissemination.

• A similar ceremony took place when such equipment was delivered by one of the Project Coordinators to the CPFs in Mchinji, where local chiefs and headmen, school pupils, teachers, local business leaders, police and the general public attended. Mchinji district police have now helped the CPFs there to establish over 300 local Crime Prevention Committees.

5. Helping to Establish a Training Programme

• The phenomenal growth over the past year in Malawi of community-based, police/civil society liaison groups (CPFs, CPPs and CPCs) necessitated the development of a training programme. The Project staff envisaged from the outset of the design phase in mid 1999 that such a training programme would need to include (i) exercises to understand the basic concepts involved in creating a genuine partnership between communities and local police, and (ii) teaching of the various necessary tasks involved in citizens’ helping the police with basic crime prevention and detection work. These would have to be understood within a framework of adherence to the basic international human rights standards for policing.

(a) Preparation of Training Materials

• The meeting held on 14 December to consult ten critical CPFs (community representatives and local police) on their critical needs, managed to identify a number of skills that CPF members should exercise to operate successfully. Many of these basic skills were shown to require some basic training and it was decided that a CPF training programme should be developed.

• The study visit by Project staff and two senior Malawi Police officers to South Africa in February 2000 included briefings by counterparts on the training programmes conducted in successful community policing projects. The Malawi delegation was able to collect samples of materials used in crime prevention and community policing programmes.

• The Project shared the materials collected in South Africa with Malawi Police training officers and the DfID Police Adviser. A joint taskforce was established between the Police, DfID and the Project staff. The taskforce included members from several districts and held several meetings to develop appropriate introductory materials for use by the CPFs and to develop a curriculum for the training of trainers.

• At first, the joint task team wrote, edited and designed a basic introductory guide for the CPFs in the form of a large (A3 size) handbook entitled "Safer Communities". The handbook was made up of colour illustrations with basic police and community dialogue interspersed on each page with practical tips and conceptual points for setting up and running a CPF on a sound basis. The handbook was printed in English (3,500 copies), as well as Chichewa and Tumbuka (2,000 copies). It included translations of basic summaries of UN policing standards in the two main local languages.

(b) Development of the training curriculum

• The training of trainers curriculum for the CPFs is being developed by the Malawi Police task team main in consultation with the UK police adviser and the Pilot Project. Already, sections of the "Safer Communities" handbook include someof the main subjects, and are as follows:

- Defining Community Policing
- How to profile communities
- The typical composition of Community Policing Forum
- Fundraising
- Transparency and accountability
- The danger of firearms
- Basic human rights standards for police

• Other areas of skill were identified by the CPFs in December 1999 at a meeting convened by the Pilot Project, and these included:

• How to conduct an effective neighbourhood watch
• What to tell pupils on a school visit
• How local religious leaders can help get the message across on crime
• How traditional leaders can help
• Using a drama group
• Reaching out to the sports clubs
• How civilians can help in victim support work
• Why have a lay visitors scheme for the police stations

 ( c) Organisation of Workshops to Train a Network of Trainers

• The joint taskforce decided to organise a series of four regional training workshops for all of the 33 police districts – initially, one workshop would cover each for the Northern, Central, Southern and Eastern Regions. The aim is to establish a network of 33 local police officers and 33 local community representatives in a network to jointly train members of the CPFs throughout the country (a core team of 66 trainers).

• The Regional Training of Trainers workshops will be conducted as follows:

        Northern Region

Arrival : 24 September, 2000
Workshops : 25-26 September, 2000
Departure : 27 September, 2000

Central Region

Arrival : 27 September, 2000
Workshop : 28-29 September, 2000
Departure : 30 September, 2000

Southern Region

Arrival : 1 October, 2000
Workshop : 2-3 October, 2000
Departure : 4 October, 2000

Eastern Region

Arrival : 4 October, 2000
Workshop : 5-6 October, 2000
Departure : 7 October, 2000

6. Regional Cooperation

• The Pilot Project has made contact with a number of other NGOs working on the region on small arms and policing matters, in particular the Institute of Security Studies in Pretoria, who are working closely with Saferworld based in London, and Amnesty International. The ISS has conducted research on the collection of small arms in Mozambique and has recently begun a project based in Maputo to help the Mozambique Police on issues of firearms control and violent crime.

• Both the ISS and Saferworld have been assisting the Southern African Regional Police Chiefs Coordination organisation, in particular with the development of a Firearms Protocol, and the Pilot Project staff had consultations with the ISS and Saferworld on this matter, stressing the importance of community-based policing initiatives. The Protocol will hopefully soon become an international legal agreement for the SADC region, and lead to greater cooperation.

• The ISS and Saferworld have also initiated work on small arms control in east Africa, and a project is starting in Tanzania. The Pilot Project staff have expressed a desire to link up the Malawi Project with the one in Tanzania and the one in Mozambique.

• The Pilot Project contracted a researcher to collect some information that may be relevant to trafficking to UNITA in contravention of United Nations sanctions, and this is being passed to the relevant authorities.

• Following the participation of the Mozambique Police in a meeting of the Pilot Project in July 1999, when the issue as discussed of small arms cached in Mozambique near the border with Malawi, the Pilot Project staff also had consultations on this matter with the South African police (who work with the Mozambique Police in collecting weapons in Operation Rachel) and with an ISS expert. Information was passed to the Malawi Police in this consultation.

7. The Next Steps

General commitment now exists at many levels in Malawi society (political, professional and within national civic and local communities) to tackle the threat of illicit firearms and the persistence of armed crime. The challenge for all stakeholders involved in the Pilot Project is to continue to turn that growing commitment into strategic, practical action to support the development of a professional police service capable of tackling armed crime, and, in addition, to ensure sufficient support the specialized work of customs and border control within the framework of further regional cooperation. In particular, the following is recommended:

(a)  Resources

The personnel time and budgets available to the Project should be expanded in line with the expanding fieldwork needs of the CPF, CPP and CPCs in Malawi, the increased need for close cooperation with the Malawi Police and DfID, and the need for more sustained work with other NGOs in the region. International donors should be asked to give a commitment to the Project that would enable planning over the next three years. Priority areas for funding are outlined below.

(b) Research and Analysis

More comprehensive local surveys of armed crime in Malawi is needed to understand its nature and trends, causes, and its impact on the lives of the communities or the society in general. This survey would also be useful for planning and implementation of strategies for proper civic education and training of community volunteers in crime prevention. The survey of violent crime and the use or possession of firearms and other "traditional" weapons would help develop proper programmes for curbing the proliferation of small arms, reveal the extent of this proliferation locally and how far it is organised and transnational. This would help the Project and, most importantly, the Malawi Police and other Malawi law enforcement agencies, in the setting of priorities and action plans for crime prevention and detection programmes, as well as identify the various contributions of community groups or business, donors, youths, schools, religious or other strategic sectors of society.

(c) Public Awareness

It is vital the work of the Project that has started with the MBC continues, but also that the Project is able to assist the print media. It is also very important that the Project can develop its outreach to the business community, the religious bodies, youth, educationalists, NGOs and to MPs. Much greater awareness of the international human rights standards for policing is needed by all stakeholders, local and national.

(d) Support for Community Policing Forums

The tens of thousands of members of the 50+ CPFs and their subsidiary bodies require some funds for traveling for meetings and exchanges with others in nearby districts, and they require further donations of equipment such as bicycles, whistles, rubber boots, posters, leaflets and stationary. The Project should have resources to grant for this purpose, in consultation with the Malawi Police and DfID.

(e) Legal Reform

Once the Law Commission has clarified the process and the resources necessary to review the Police Act, the Firearms Act and related laws and regulations, the Project will be able to decide what support can be given to this effort. Undoubtedly, there will be a need for further independent legal research, as well as specialist advice. For example, expertise needs to be given in comparing international experience of enforcing police firearms management systems and border control practices. These latter areas of expertise should be considered a priority.

(f) Support for the CPF Training Program

The production of training materials and organization of workshops to train trainers has started, but further support by the Project in this area will require advice from professional trainers and resources to help the core training team. In particular, the production of the training video will require the purchase of mobile equipment similar to that used in Malawi’s aids awareness programme.

(g) Regional Cooperation

The Project requires resources to work in cooperation with other specialist NGOs in the region, and in particular with Amnesty International, the Institute of Security Studies, Saferworld and the relevant small arms projects in Mozambique, Tanzania and (hopefully) Zambia. This work should include mutual cooperation in the field of research, training, policy development and raising public awareness.

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It is hoped that the Roundtable Meeting in Lilongwe on 23 August 2000, to which all stakeholders are invited, will discuss the above and make further proposals for the development of the Project.