Comparison of Abortion Laws in Malawi and Zambia
Dr. Ernestina Coast and Dr. Emily Freeman from the London School of Economics conducted research on the critical conjunctions of abortion laws and policies in Malawi and Zambia. The current legal positions in both countries differ, with Malawi allowing a broader range of legal grounds for abortion compared to Zambia, which has highly restricted grounds. The context today includes discussions on a draft Termination of Pregnancy Bill in both countries, with potential liberalization of grounds for legal abortion under consideration.
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Critical conjunctions: Abortion laws and policies in Malawi and Zambia Dr Ernestina Coast Dr Emily Freeman London School of Economics Abortion Research to Policy. Addis Ababa 30thNovember 2016
Why compare countries? Stakeholders Arguments Evidence Motivations Processes Outcomes Contrasts Similarities Commonalities Patterns
Current legal positions Malawi Zambia Continuing a pregnancy involves a risk to the life of the pregnant woman, her physical or mental health or that of any of her existing children, greater than if the pregnancy were terminated; or a child born of the pregnancy would suffer from such physical or mental abnormalities as to be seriously handicapped. Medical practitioners may take account of the pregnant woman s actual or foreseeable environment and her age Explicitly includes rape or defilement of a female child as legal reason for inducing abortion and to exempt from prosecution female children who have attempted to self-abort in these circumstances Abortions can be legally performed to save the life of the pregnant woman.
Contexts today Malawi Zambia Draft Termination of Pregnancy Bill Not yet before Parliament Liberalisation of grounds on which abortion may be performed legally to include Danger to life Physical + mental health Malformation of the foetus Rape Defilement Incest 2016 Referendum on changes to the Bill of Rights in the Constitution Para 15(2) The life of a person begins at conception Threshold of 50% of eligible voters not met (44% achieved) Unclear next steps
Contexts today Malawi Zambia Draft Termination of Pregnancy Bill Not yet before Parliament Liberalisation of grounds on which abortion may be performed legally to include Danger to life Physical + mental health Malformation of the foetus Rape Defilement Incest 2016 Referendum on changes to the Bill of Rights in the Constitution Para 15(2) The life of a person begins at conception Threshold of 50% of eligible voters not met (44% achieved) Unclear next steps
Zambia Malawi Broad range of legal grounds Highly restricted legal grounds Restriction? Liberalisation?
Sources of evidence Primary Media reports (print and social) Key informant interviews Documents (including drafts) Secondary Research and evidence
Planned Parenthood Association of Zambia established Ipas starts working Ipas establishes full country programme Post Abortion Task Force established Marie Stopes Zambia: abortion services Standards & Guidelines Ratified Maputo Protocol Standards & Guidelines TOP Act 1st Draft of Constitution life begins at conception Referendum: inquorate ToP Act amended TOP Act amended Strategic assessment unsafe abortion 1972 2005 2013 1930 2015 2016 2000 1994 2007 2011 1987 2009 2010 2012 2006 2008 Draft Bill Ipas starts working Abortion incidence Ratified Maputo Protocol Law Commission review published 1987 BLM started 2007 PAC Strategy Health systems costs COPUA established Communique signed by leaders of 11 political parties supporting law reform on abortion Penal Code Strategic assessment unsafe abortion Evidence Ministries NGOs National instruments International treaties
Planned Parenthood Association of Zambia established Ipas starts working Ipas establishes full country programme Post Abortion Task Force established Marie Stopes Zambia: abortion services Standards & Guidelines Ratified Maputo Protocol Standards & Guidelines TOP Act 1st Draft of Constitution life begins at conception Referendum: inquorate ToP Act amended TOP Act amended Strategic assessment unsafe abortion 1972 2005 2013 1930 2015 2016 2000 1994 2007 2011 1987 2009 2010 2012 2006 2008 Draft Bill Ipas starts working Abortion incidence Ratified Maputo Protocol Law Commission review published 1987 BLM started 2007 PAC Strategy Health systems costs COPUA established Communique signed by leaders of 11 political parties supporting law reform on abortion Penal Code Strategic assessment unsafe abortion Evidence Ministries NGOs National instruments International treaties
Planned Parenthood Association of Zambia established Ipas starts working Ipas establishes full country programme Post Abortion Task Force established Marie Stopes Zambia: abortion services Standards & Guidelines Ratified Maputo Protocol Standards & Guidelines TOP Act 1st Draft of Constitution life begins at conception Referendum: inquorate ToP Act amended TOP Act amended Strategic assessment unsafe abortion 1972 2005 2013 1930 2015 2016 2000 1994 2007 2011 1987 2009 2010 2012 2006 2008 Draft Bill Ipas starts working Abortion incidence Ratified Maputo Protocol Law Commission review published 1987 BLM started 2007 PAC Strategy Health systems costs COPUA established Communique signed by leaders of 11 political parties supporting law reform on abortion Penal Code Strategic assessment unsafe abortion Evidence Ministries NGOs National instruments International treaties
National policy change usually begins with documentable evidence of the problem and clear articulation of solutions. IPAS, 2016 Good reproductive health policy starts with credible research (Guttmacher) Generating evidence for policy and practice (APHRC) EVIDENCE PRODUCTION + CONSUMPTION
Planned Parenthood Association of Zambia established Ipas starts working Ipas establishes full country programme Post Abortion Task Force established Marie Stopes Zambia: abortion services Regulatory Impact Assessment Ratified Maputo Protocol Standards & Guidelines TOP Act 1st Draft of Constitution life begins at conception Referendum: inquorate ToP Act amended TOP Act amended Strategic assessment unsafe abortion 1972 2005 2013 1930 2015 2016 2000 1994 2007 2011 1987 2009 2010 2012 2006 2008 Draft Bill Ipas starts working Abortion incidence Ratified Maputo Protocol Law Commission review published 1987 BLM started 2007 PAC Strategy COPUA established Penal Code Strategic assessment unsafe abortion Health systems costs Evidence Ministries NGOs National instruments International treaties
Malawi Maputo Protocol a trigger Abortion did not fit with MDGs because no evidence Series of studies Strategic Assessment (2011) Incidence of Induced Abortion (2013) Health systems costs (2015)
Tonight, were going to let the statistics speak for themselves
Letting the evidence speak for itself? Evidence/statistics a critical entry point Getting the conversation going Evidence/statistics necessary but insufficient Role of champions Don t expect me to go to my constituents they ll kick me out [MP] Private agreement but public distancing Coalitions
Zambia: Standards & Guidelines do the talking
On the one hand: Malawi Law Commission on abortion visited Ethiopia Zambia Mauritius On the other: Stop cheating people that liberalized abortion was justifiable because of rising cases of maternal mortality rate .We have an example of Zambia and other countries, where abortion was liberalized, yet maternal death is still on the higher side Ethics, Peace and Justice Commission (Evangelical Association of Malawi)
On the one hand: Malawi Law Commission on abortion visited Ethiopia Zambia Mauritius On the other hand: Stop cheating people that liberalized abortion was justifiable because of rising cases of maternal mortality rate .We have an example of Zambia and other countries, where abortion was liberalized, yet maternal death is still on the higher side Ethics, Peace and Justice Commission (Evangelical Association of Malawi)
Religious/faith-based groups Malawi USA-based evangelic Christian groups lobbying MPs (2016) Concerns about abortion and gay rights articulated simultaneously Episcopal Conference of Malawi (ECM) Zambia Zambia officially a Christian country South African-based Doctors for Life An aside about presenting evidence: Women who have had abortions assumed to have no faith
Pastoral Statement (2016) We, the Bishops of the Catholic Church in Malawi are aware of the pressure that the Government has endured so far from foreign nations and agencies who attach their financial support to values and practices that are contrary to our culture. We applaud the efforts and the courage the Government has demonstrated so far to resist the pressure to adopt such foreign values and practices i.e. homosexuality and abortion. We wish to reaffirm that such practices are not only against our cultural values but are also contrary to our laws and beliefs.
Religious/faith-based groups Malawi USA-based evangelic Christian groups lobbying MPs (2016) Concerns about abortion and gay rights articulated simultaneously Episcopal Conference of Malawi (ECM) Zambia Zambia officially a Christian country South African-based Doctors for Life An aside about presenting evidence: Women who have had abortions assumed to have no faith
Malawi Zambia Coalitions COPUA multi-interest Medical: Little evidence of activity ( beyond individual champions ) Legal: Highly active Adolescents as stakeholders Abortion as an adolescent issue No broad coalition Medical: Active participation and debate Abortion as an adolescent issue Adolescents Social construction of abortion discourses not Malawian not Zambian Ministry sites Reproductive Health Unit (MoH) - MoH - Technical Working Groups
Zambia Services not widely available Urban focus (public and private) Low levels of knowledge about the law Public Medical professionals Services inaccessible 3 signatures Regulatory Impact Assessment No broad-based coalition (yet) Opportunity for learning from Malawi?
Zambia Malawi Broad range of legal grounds Highly restricted legal grounds Restriction? Increased access? Liberalisation? No change?
THANK YOU e.coast@lse.ac.uk
