A/HRC/16/2
396. Action Canada for Population and Development regretted that Malawi had rejected
all the recommendations calling for the prohibition of discrimination against the LGBTI
community, as well as the decriminalization of same-sex relations. It also regretted that, in
February 2011, Malawi had amended section 46 of the Penal Code giving powers to a
minister to ban newspapers. It raised concerns about the Government’s decision to
intimidate human rights defenders through public ridicule, as well as harassment of workers
of non-governmental organizations. It therefore called on Malawi to reflect on the universal
periodic review recommendations on these issues.
4.
Concluding remarks of the State under review
397. Malawi stated that, of 127 recommendations received, it had accepted 82 and
rejected 45.
398. Regarding the comment that Malawi would establish an inter-ministerial committee
to monitor progress of the implementation of universal periodic review recommendations,
the delegation explained that an inter-ministerial committee responsible for human rights
issues was already in place and that it would also monitor progress regarding
implementation of universal periodic review recommendations.
399. With regard to the amendment of section 46 of the Penal Code, former section 46
granted absolute powers to the Minister for Information for regulating publications. The
Law Commission, tasked with the mandate of reviewing the laws of Malawi, had
recommended that section 46 should be amended to bring it into line with the Constitution.
The delegation explained that section 46 had been amended accordingly, and that the
powers of the Minister to regulate publications were no longer discretional but based on
reasonable grounds, and that the Minister’s decision was subject to judicial review. Malawi
highlighted that this was an improvement over the previous situation and that, if the
Minister were not entitled to exercise these powers, society would be exposed to child
pornography, incitement to genocide and the like. Section 46 was amended therefore to
protect the children and society of Malawi.
400. Malawi explained that economic and social rights were recognized in the
Constitution, which provided for their progressive realization. Although many resources
were required for the fulfilment of these rights, and notwithstanding its own limited
resources, the country had taken steps to progressively fulfil the social and economic rights
of its people.
401. Malawi thanked all the delegations for their comments and recommendations, and
stated that it would take them into consideration.
Mongolia
402. The review of Mongolia was held on 2 November 2010 in conformity with all the
relevant provisions contained in Human Rights Council resolution 5/1, and was based on
the following documents:
(a)
The national report submitted by Mongolia in accordance with the annex to
Human Rights Council resolution 5/1, paragraph 15 (a) (A/HRC/WG.6/9/MNG/1 and
A/HRC/WG.6/9/MNG/1/Corr.1);
(b)
The compilation prepared by OHCHR in accordance with paragraph 15 (b)
(A/HRC/WG.6/9/MNG/2);
(c)
The summary prepared by OHCHR in accordance with paragraph 15 (c)
(A/HRC/WG.6/9/MNG/3).
GE.11-17059
159
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