Malawi - Universal Periodic Review

UPR 36, November 3, 2020
Recommendations by Canada

Recommendations

Thank you, Madam President.

Canada congratulates Malawi for its historical presidential election rerun last June, demonstrating a strong commitment to the rule of law. We are encouraged by the new administration’s commitment to openness in government, its strong desire to rid the country of corruption and its efforts to reform institutions of government, including the judicial system and law enforcement, so that Malawians can better enjoy the rights and freedoms to which they are entitled.

Canada recommends that Malawi:

1. Continue to strengthen mechanisms to prevent and prohibit discrimination against vulnerable groups, including persons with albinism.
   
2. Repeal those sections of the Malawi penal code that criminalise same sex sexual activity between consenting adults as well as those that criminalise the gender identity/expression of transgender people such as the prescription for the appearance of men.
3. Prohibit discrimination based on gender, gender identity or sexual orientation in all aspects of social life.
4. Take meaningful action to address prison overcrowding, including through reducing the lengthy periods of pretrial detention.

Background

Malawi is a state party to most major international human rights instruments. Since its last UPR, concrete efforts have been made towards greater gender equality. For example, Malawi raised its minimum age of marriage from 15 to 18, launched its Adolescent Girls and Young Women Strategy and criminalized all forms of sexual abuse against boys. While Malawi has committed itself to the elimination of child, early and forced marriage (CEFM) by 2030 in line with target 5.3 of the Sustainable Development Goals, it nevertheless remains a persistent problem. Matters such as gender-based violence also remain widespread, underreported, and survivors face considerable delays in accessing justice due to an under resourced court system. A newly elected government has ambitious plans for the promotion of women’s rights, thereby raising hopes for some remedies to such issues.

Sections 153,154,156, and 137 of the Malawian penal code criminalise same sex behaviour. Similarly, with its prescription for the appearance of men, Section 180(g) effectively criminalises the gender identity/expression of transgender persons.

Malawians living with albinism continue to live in fear of being killed or mutilated for their body parts. Violent attacks against such persons stem from the false and dangerous myth that body parts of people with albinism can make someone rich. More government effort is required to dispel such myths, protect people with albinism and prosecute perpetrators of violence.

Prison conditions in Malawi remain poor due to overcrowding, violence, inadequate sanitary conditions and lack of medical care.

Malawi’s new President, Lazarus Chakwera, placed respect for human rights and the rule of law at the centre of his campaign. Canada will continue to closely monitor progress on the situation of human rights in Malawi.