Malawi Blocks Debate on Bill to Liberalize Abortion Restrictions

Malawi’s parliament building has become the site of pro- and anti-abortion protests for the Termination of Pregnancy Bill. (Wikimedia Commons)

Members of the Malawian Parliament blocked a debate on March 11 for a bill that would ease restrictions on abortion legislation. The Termination of Pregnancy (TOP) bill would have allowed women to get abortions in the cases of rape and incest, when the fetus had serious abnormalities, or when the woman’s mental or physical health was in danger. TOP’s main sponsor, MP and Chairperson of the Parliamentary Health Committee Matthews Ngwale, cited the number of women dying every year from illegal abortions in Malawai as one of the main determinants for creating the bill. 

Malawi's 160-year-old law criminalizes abortion; offenders can face up to 14 years in jail. This law only permits abortion to save a woman’s life, but activists have been campaigning for legislative change for nearly five years. 

Sponsors drafted the bill in 2015 and have attempted to debate in Malawi’s National Assembly multiple times over the years. However, religious organizations immediately voiced strong opposition to the bill; in 2016, anti-abortion campaigners led by the Catholic Church marched to parliament to protest the discussion of the bill. Ngwale planned to introduce the bill for debate again in October 2020, but he chose not to. He claimed that, given widespread opposition, the request would be rejected. 

The main opponents of TOP include the Episcopal Conference of Malawi, the Evangelical Association of Malawi, the Malawi Council of Churches, and the Muslim Association of Malawi. Secretary-General of the Episcopal Conference Henry Saindi stated that only God has the power to give and take life, while Mwanza Central legislator Nicholas Dausi claimed, “Women should not be allowed to kill.” Despite Ngwale’s belief that nearly half of the MPs in parliament supported the bill, Nyasa Times reported that when First Deputy Speaker of Parliament Madaliso Kazombo put the request of debate to a vote, almost all the MPs shouted “no.”

Despite Malawi’s strict abortion law, the Guttmacher Institute reported that 141,000 abortions were performed in Malawi, and nearly 60 percent resulted in complications that required medical treatment. The majority of these procedures occurred in unsafe and clandestine conditions. Malawi has one of the highest maternal mortality rates in the world, with unsafe abortions contributing to 6-18 percent of these deaths. The rate is so high that there is a one in 29 chance that a 15-year-old Malawian girl will eventually die from pregnancy complications. 

The report’s co-author, who is the former director of Malawi’s National Reproductive Health Service and a senior lecturer at the University of Malawi College of Medicine, stated that restrictive abortion laws don’t prevent abortion but rather force women to resort to unsafe procedures. Malawi currently ranks 172 out of 189 countries on the UN Gender Inequality Index, which measures women’s economic freedom, safety, and reproductive rights. 

Supporters of TOP state that the bill could prevent 12,000 deaths annually that result from unsafe and illegal abortions. Ngwale reported that his committee has engaged in sensitizing and consultation meetings with other legislators, and religious and community leaders to further explain TOP and its importance. Prominent pro-abortion advocate Emma Kayila accused the cabinet of politicizing the bill because it involves women: “It wouldn’t have taken this long to discuss in parliament if it were men dying.” 

A group of 50 female activists protested outside Malawi’s parliament building on March 11 after the request to debate TOP was rejected. However, TOP was only tabled on Thursday; sponsors can still push for the request to debate the bill next Thursday given that is the day on which private members’ bills are voted. Ngwale stated that he plans to continue to present TOP in the coming weeks and months.