A/HRC/16/4 education compulsory and to include human rights education in school curricula. Turkey made a recommendation. 66. Italy commended Malawi for the efforts undertaken in implementing the first phase of the World Programme for Human Rights Education and welcomed the moratorium on executions that had been in place since 1992. It expressed concern about homophobia and the recent detention, prosecution and sentencing to 14 years of imprisonment of a couple on the basis of sexual orientation, and welcomed the pardon granted to them. With regard to female genital mutilation, Italy noted that the practice persisted within some ethnic groups and asked whether Malawi was considering acceding to the Optional Protocol to CEDAW. It also noted with concern that children were still victims of child labour, corporal punishment and sexual abuse. Italy made recommendations. 67. Austria praised Malawi’s efforts towards gender equality. However, it inquired about plans to ensure for women equal access to property and enhance the role of women. Austria commended the presidential decision to pardon two persons convicted under laws prohibiting consensual same-sex conduct, but shared its concern with regard to the existence of such laws. Austria also inquired about the two bills pending in Parliament with regard to improving access to justice, particularly for women. Austria made recommendations. 68. The United States commended Malawi for progress in aligning its national legislation with some international human rights conventions, but was concerned by the criminalization of homosexual activity. It noted that it viewed the decriminalization of homosexuality as integral to the continued protection of universal human rights in Malawi, and crucial to the urgent need to fight the spread of HIV/AIDS. In this regard, the United States made a recommendation. 69. Libya welcomed the adherence by Malawi to a number of international and regional human rights instruments. Libya made recommendations. 70. Argentina referred to the country’s efforts to review its refugee policies and refugee law. It also welcomed the adoption of the first part of the Plan of Action for the first phase of the World Programme for Human Rights Education. Argentina requested information about measures to overcome practices affecting the vulnerability of persons affected by HIV/AIDS and measures to eradicate gender discrimination. Argentina made recommendations. 71. Spain made reference to the non-application of the death penalty since 1992, but noted that there were still more than 20 persons sentenced with the death penalty. Spain applauded the President’s decision to pardon two persons who had been convicted under the legislation criminalizing same-sex activities between consenting adults. Spain wished to know when the visits by the Special Rapporteur on the right to food (requested in 2003 and reiterated in 2010) and the Special Rapporteur on adequate housing (requested in 2009) could take place. Spain made recommendations. 72. Switzerland commended Malawi for adopting several national policies aimed at promoting the rights and well-being of children, notably in the areas of education, food security and HIV/AIDs. Switzerland noted that the trafficking of children remained a major problem. It noted that national legislation did not adequately suppress and punish the trafficking of boys and that the Penal Code sanctioned only the trafficking of girls under the age of 16. Switzerland expressed concern about provisions in the Penal Code authorizing the prosecution and punishment of people solely for their sexual orientation or gender identity. Switzerland made recommendations. 73. Luxembourg praised the establishment of the National Human Rights Commission and the encouraging presence of women in Parliament. It welcomed the recent presidential 10

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