A/HRC/16/4
92. In its concluding remarks, Malawi stated that the Law Commission was reviewing the
Witchcraft Act.
93.
Regarding pre-detention trial, the new procedural code and evidence act had
established pre-trial custody time limits. The maximum amount of time that a person could
be held in pre-trial detention was 120 days, and this was in relation to most serious crimes,
including genocide and treason. Under the Constitution, a person should not be held for
more than 72 hours without having been brought before a court.
94.
Concerning the school drop-out rate, the main problems were lack of food and long
distances. The Government had adopted the feeding of children at school, and there were
several school feeding projects that the Government was gradually taking over. In addition,
there was a plan to build five universities and to train more teachers.
95.
As regards human trafficking, the Law Commission had drafted anti-trafficking
legislation that would be considered by the Cabinet and eventually passed on to Parliament.
Australia had offered technical assistance for the implementation of the law.
96.
The enjoyment of the right to food had been achieved by subsidizing indigent
farmers, who were provided with seed and fertilizer.
97.
The National Action Plan on children had been subjected to a consultative review
and would soon be launched.
98.
The bills on the empowerment of women and gender equality would be tabled in
Parliament after Cabinet review.
99.
Malawi thanked delegates who had made observations and recommendations, which
would be taken into consideration.
100. Malawi reaffirmed its commitment to the full observance of human rights and the
total enjoyment of all rights by its people. In 1994, Malawi had opted for a system of
government and a constitutional order based on good governance, the rule of law and the
dignity of man. Since then, the country had made significant progress in ensuring the
fulfilment of the dreams, values and ideals enshrined in the Constitution.
101. Malawi had a Bill of Rights, an independent judiciary and governance institutions.
In addition, it had engaged in legislative and administrative reforms to ensure that legal
institutions and administrative frameworks were in line with the Constitution and
international standards. However, the challenges faced by Malawi were many, including a
lack of adequate resources and a lack of capacities and expertise.
II.
Conclusions and/or recommendations
102. The recommendations formulated during the interactive dialogue and listed
below have been examined by Malawi and enjoy its support:
102.1. Expedite the repeal and reform of discriminatory legislation, with a
focus on the adoption of outstanding bills, particularly those affecting women
and children (Canada);
102.2. Adopt and implement expeditiously the Prisons Bill and Legal Aid Bill
and other measures needed towards humanization of its penitentiary system
(Slovakia);
102.3. Enact the Legal Education and Legal Practitioners Amendment Bill
and the Legal Aid Bill currently pending before Parliament (Austria);
13
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