A/HRC/16/2
Optional Protocol to the Rights of Persons with Disabilities (recommendations 104.8 and
104.9). However, Malawi was engaged in an ongoing process of consideration of treaties
that it might ratify.
374. Malawi would consider ratification of the Convention on the Prevention and
Punishment of the Crime of Genocide and had amended its Penal Code to criminalize
genocide under domestic law (recommendation 104.5).
375. Regarding recommendations 104.4, 104.11, 104.12 and 104.13 calling upon Malawi
to harmonize its national legislation with the international treaties to which Malawi is a
State party, the Malawian Law Commission would continue to review the national
legislation to bring it into conformity with the State’s international commitments.
376. Regarding recommendation 104.14 encouraging Malawi to ensure that human rights
treaties are given full legal effect in domestic laws and recommendations 104.15 and
104.16 calling on it to ensure that the Convention on the Elimination of All Forms of
Discrimination against Women is given full legal effect in its legislation, the delegation
stated that Malawi would strive to ensure that human rights treaties, including the
Convention, were given that effect, and that this was an ongoing process.
377. With regard to recommendations 104.17 and 104.18 encouraging Malawi to raise the
minimum age of criminal responsibility, the age of criminal responsibility had been raised
from 7 to 10 years in the 2010 amendment of the Penal Code. According to the same
amendment, a person under 14 years of age was not criminally responsible unless it could
be demonstrated that, at the time of the commission of the crime, they had knowledge that
they ought not to commit the crime.
378. In 2010, Malawi enacted a comprehensive law on the rights of the child, the Child
Care Protection and Justice Act (recommendation 104.19).
379. With regard to recommendation 104.20 calling upon Malawi to extend a standing
invitation to all special procedures, Malawi would consider this option and respond to the
Council at an appropriate time.
380. With regard to recommendation 104.21 encouraging Malawi to promote equality
between men and women, Malawi had taken active steps and would continue to work with
international mechanisms to this end.
381. Regarding recommendations 104.22 and 104.23 encouraging Malawi to guarantee
that no children under 14 years of age are admitted to employment and to amend the
Constitution to raise to 18 years the minimum age for engaging in hazardous work, Malawi
would properly address these issues.
2.
Views expressed by Member and observer States of the Human Rights Council on the
review outcome
382. Algeria welcomed Malawi’s commitment to the promotion and respect of human
rights. It encouraged Malawi to pay particular attention to the realization of its programmes
to fight poverty with the assistance of the international community. Algeria commended
Malawi’s acceptance of three of the four recommendations it had made, namely with regard
to its 2020 socio-economic development strategy, the strengthening of its cooperation with
regional and international mechanisms and the harmonization of the country’s laws with its
international commitments. However, Algeria noted that Malawi had not accepted to ratify
the International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families.
383. Cuba praised Malawi’s acceptance of the recommendations relating to strategies for
socio-economic development and plans to reduce poverty. Despite the challenges faced,
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