A/HRC/16/4
good governance and democracy. There were nine key priority areas that were grouped into
five thematic areas that demanded immediate progress, namely, sustainable economic
growth, social protection, social development, infrastructure development and improved
governance. The main focus was on accelerating sustainable growth while ensuring social
development, good governance and environmental sustainability.
10.
Malawi stated that the Constitution was the supreme law of the land. It provided for
the full promotion, protection and enjoyment of all human rights.
11.
The Constitution permitted derogation during a state of emergency with respect to
freedom of expression, freedom of information, freedom of movement, freedom of
assembly, the right to be promptly brought before a court of law, and the right not to be
detained without trial. All derogation measures were subject to applications and challenges
in the High Court.
12.
Malawi explained that under its Constitution, several independent human rights
institutions had been established, including the Human Rights Commission, the Office of
the Ombudsman and the Law Commission, mandated to ensure the modernization of laws
and the elimination of any defects in them, whether of a procedural, substantive or policy
nature.
13.
Malawi stated that its Constitution provided that everyone had the right to life and
could not be arbitrarily deprived of his or her life, except through the execution of the death
penalty imposed by a court of competent jurisdiction. The High Court of Malawi had ruled
that the mandatory death penalty in capital offences violated the right to life.
14.
The right to personal liberty had been enforced by courts and there had been several
cases in which the courts had ordered compensation for false imprisonment.
15.
Freedom of assembly and association were also guaranteed under the Constitution.
They could be limited, taking into account the interests of national security, public safety,
public order, morality or health.
16.
The Constitution provided for a cluster of fair trial rights. The Criminal Procedure
and Evidence Code had been amended, and time limits for pretrial custody had been
established.
17.
The Constitution also provided that the dignity of all persons was inviolable and that
no person could be subjected to torture or any cruel, inhuman or degrading treatment or
punishment. Malawi was party to the Convention against Torture and other Cruel, Inhuman
or Degrading Treatment or Punishment. Corporal punishment was also proscribed under the
law.
18.
The Constitution prohibited discrimination in any form. However, it allowed for
positive discrimination to address inequalities. Any person that propagated discriminatory
practices could be amenable to criminal sanctions.
19.
Malawi stated that it was introducing policies that prohibited harmful social and
cultural practices that perpetuated the subservience of women
20.
Every person had the right to freedom of movement and assembly. Refugees were
restricted to living in camps unless they had been granted a residence permit. Malawi
strictly enforced this requirement, and it had made a reservation to the Convention relating
to the Status of Refugees.
21.
Malawi stated that it had embarked on several programmes aimed at reforming
prison conditions. New prisons were being built to reduce congestion, and those prisons
that did not meet international standards on sanitation were being closed.
4
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