A/HRC/16/4 34. The Law Commission had reviewed laws perceived to be gender-insensitive and discriminatory. The review had resulted in the Marriage, Divorce and Family Relations Bill, which would soon be adopted. 35. Malawi stated that, despite the various efforts made to ensure the realization of human rights, it still faced the following major challenges: poverty (the majority of the population was below the poverty line and lived in rural areas), weak institutions (the main challenge in this area had remained the inability to retain human resources) and lack of public awareness. 36. Malawi reaffirmed its commitment to the promotion and protection of human rights at the national and international levels, and stated that there was still much to be done to ensure the practical enjoyment of human rights. 37. Malawi viewed its participation in the universal periodic review as an opportunity to interact and to share its accomplishments, its challenges and its vision for the future in the area of human rights. 38. Responding to advance questions raised by Denmark related to the ratification of international human rights instruments, Malawi stated that it had continuously reviewed its domestic laws to ensure that they were in line with human rights standards, and that it was actively looking into the ratification process with regard to other key international human rights instruments. 39. In response to advance questions raised by Denmark, the Czech Republic, the United Kingdom, Norway and the Netherlands regarding homophobia, Malawi stated that it had no plans to legalize homosexuality. The wishes of the people of Malawi in this regard should be respected. It noted that there was no international consensus on gay rights or on the right of gay persons to marry. Malawi should not be unduly singled out and unnecessarily pressured to legalize homosexuality. Malawi recalled that a resolution on gay rights considered for adoption by the United Nations in 2008 had been defeated. 40. Responding to an advance question raised by Sweden regarding non-discrimination on the basis of sexual orientation, Malawi stated that there was no homophobia or incitement against gay people. The law simply outlawed unnatural acts, which could even be committed in a sexual relationship between a man and a woman. With regard to prison conditions, the Government had taken many steps to improve them. It had ended mandatory pre-trial detention to prevent prison overcrowding. The Government was phasing out all outdated prison blocks and was building model new prisons. The Government had established an independent police complaints commission to investigate police brutality. 41. Regarding advance questions raised by the United Kingdom on freedom of expression, Malawi stated that such freedom was constitutionally guaranteed, but should be exercised within the confines of the law. The case involving the arrest of a clergyman in August 2010 was being handled by the courts. B. Interactive dialogue and responses by the State under review 42. A number of delegations thanked Malawi for its cooperation with the universal periodic review mechanism and commended the delegation for having presented the national report. A number of delegations also commended Malawi for its commitment to promoting respect for human rights, development and gender equality. 43. Algeria noted that political reforms, as well as efforts within the framework of the socio-economic development plan 2020, attested to the country’s commitment to improving living conditions and ensuring the enjoyment of human rights. Algeria encouraged Malawi to pursue its efforts to achieve gender equality, to fight poverty and to realize the right to 6