The Malawi Law Commission has added anti-foreigners smuggling provisions in the Immigration Act proposed amendments, imposing stiff penalties against offenders which include a K50 million fine and 20- year imprisonment.

The proposals are penciled in the report which the Special Law Commission on the review of the Immigration Act presented at a press briefing in Lilongwe on Friday.

The legislation reforms form a raft of proposed laws to improve the Immigration Department capacity and tighten borders drafted in the report the commission issued at the national consultative conference last year.

Presenting the final report on the findings and recommendations on Friday, the Special Law Commission’s chairperson Rizine Mzikamanda said targeting the foreigners’ smugglers would help to tackle human trafficking.

He said: “The Act is silent on the issue to do with smuggling of immigrants. Consequently, the determination of the cases related to the migrant smuggling raise challenges in the courts of Malawi since the practice is not criminalised, and the offenders cannot be tried under the Trafficking in Persons Act as the elements of the offence are different.

“Therefore, the commission recommends the inclusion of provision of smuggling of migrants in the proposed legislation to address the gap.”

The report further calls for domestication of the “United Nations Convention against Transnational Organised Crime and its protocol against the smuggling of migrants by land, sea and air of which Malawi is party.”

Those to be punished under the provisions if passed into law, include those smuggling a migrant into Malawi or another country, transporting an undocumented foreigner from within any place to an area within the country.

Others according to the report are: “Processing a fraudulent travel or identity for the purpose of smuggling a migrant [and] financing, organising or aiding the smuggling of a migrant.”

The commission recommends that a person convicted of an offence of smuggling an immigrant should face a fine ranging between K10 million and K50 million and imprisonment ranging between five and 20 years.

“In addition, any proceeds of crime derived from the offence of smuggling of migrants or property the value of which corresponds to that of such proceeds; and property, equipment or other instrumentalities used in or destined for use in the offence should be liable to confiscation and forfeiture to the State,” the report advocates.

The proposed laws further impose fines ranging between K500 000 and K5 million on Malawians that exit and enter the country through uncharted routes.

To improve its performance, the Department of Immigration and Citizen Services should have a commission which will be responsible for recruitment and disciplining officers.

“The commission found that a glaring gap in the recruitment, disciplinary proceedings and other processes in the immigration service is the unavailability of a service commission,” Mzikamanda, who is also the Chief Justice, said.

Meanwhile, Minister of Homeland Security Jean Sendeza who attended the press briefing said she was pleased that the commission has considered smuggling of migrants in the review.

“Smuggling of migrants is a matter of serious concern within the ambit of transnational organised crime and poses a big challenge not only in Malawi, but also other countries within southern Africa,” she said.

Sendeza made a commitment that her ministry “will give this process all the support it requires in order that the final recommendations of your Commission presented here are, within a shortest period, enacted into law. The commission is expected to file the final report to the Ministry of Justice to analyse and submit it to the Cabinet before it goes to Parliament for deliberation and approval.

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