User:Vigilantcosmicpenguin/sandbox/Abortion in Malawi

In Malawi, abortion is only legal to save the life of the mother.

Legislation
Sections 149 to 151 of the penal code of Malawi, which date to the British colonial era, ban abortion. Section 149 makes it a felony to intentionally cause a miscarriage, punishable by up to fourteen years in prison. Section 150 sets a seven-year prison sentence for administering or aiding in an abortion. Section 151 sets a three-year jail sentence to "anyone who supplies commodities". Section 243 allows surgical operations if necessary to save the life of the mother.

Malawi's abortion law is one of the strictest in the world. Prison sentences of seven to fourteen years for receiving an abortion, or three years for providing abortion drugs or tools, are enforced.

Proposed legislation
Malawi ratified the Maputo Protocol in May 2005. Article 14 mandates the right to abortion in the cases of rape, incest, fetal non-viability, or danger to the mother's physical or mental health. Political opposition and administrative barriers have prevented such legislation from being passed.

Termination of Pregnancy bill
The proposed Termination of Pregnancy bill would permit abortion if the pregnancy was caused by rape or incest, would risk the physical or mental health of the mother, or would result in a malformed fetus. It allows providers to refuse abortion to a woman whose life is not in danger. It mandates family planning counselling before and after abortion. It authorizes minors' parents to approve or reject their abortions, unless the provider determines it is necessary.

In 2012, after a request by the Ministry of Health, president Joyce Banda began a review of the abortion law. A special law commission, which included doctors, lawyers, religious leaders, and chiefs, analyzed local policies, international treaties, and other African countries' laws. In 2015, the commission proposed the Termination of Pregnancy Bill to ease restrictions on abortion. In March 2016, the Ministry of Justice and Constitutional Affairs recommended that the National Assembly debate the proposal. The Cabinet of Malawi reviewed the bill to be sent to the National Assembly for debate. Many members of parliament, including Aisha Mambo of the Mangochi-Nkungulu constituency, were noncommittal and said they would base their decision on their religious beliefs. In 2016, it was rejected after protests from religious groups.

In 2021, MP Mathews Ngwale of the Chiradzulu East constituency volunteered to put the bill up to discussion. He said, "abortion is already allowed in our laws and what we’re doing is to increase the situations where this can be allowed." On 11 March, the parliament rejected his proposal. Ngwale said he was not giving up but had not decided when to reopen the discussion.

Religious groups have pressured the parliament not to approve the bill. Most churches in Malawi allow members to have abortions if their lives are in danger, and some allow it in the case of rape. The Episcopal Conference of Malawi, Evangelical Association of Malawi, Malawi Council of Churches and Muslim Association of Malawi have opposed the bill. The Episcopal Conference of Malawi said in 2016 that it was "[telling] the world to stop imposing foreign cultures on Malawi." In 2019, it used part of a grant from the US Conference of Catholic Bishops to lobby MPs against the proposal. The American group Human Life International requested donations for a media campaign against the bill. The Spanish group CitizenGo sponsored an anti-abortion rally.

The Ministry of Health and the the international NGO Ipas push for abortion reform. They say that legal abortion would save the government money, be good for the economy, and result in fewer deaths. Ipas has argued that an abortion ban violates the Gender Equality Act of 2013, which guarantees the right to sexual and reproductive health services. The president of the Women Lawyers Association of Malawi, Immaculate Maluza,

Prevalence
In 2015, about 141,000 abortions took place in Malawi, or 38 per 1,000 women. The lowest rate per 1,000 women was 29 in the Central Region and the highest was 61 in the Northern Region. The share of unintended pregnancies resulting in abortion increased from 16% in 1990–1994 to 27% in 2015–2019.

Many abortions are performed by traditional healers. The International Traditional Medicine Council of Malawi condemns it. Some women perform self-induced abortions by drinking herb mixes or washing powder, or by vaginally inserting cassava sticks or hangers. Health workers are frequently requested to perform abortions, but must refuse.

Abortions cause 18% of maternal deaths in Malawi, as cited by the Ministry of Health.

The government spends at least one million dollars per year on post-abortion care. In 2022, health facilities' logbooks recorded 58,000 cases, an increase in documentation since 2020. Many patients come to clinics in life-threatening condition or delay seeking care. Most do not admit to having abortions. Health centers often face shortages of disinfectant and pain-relief medication.