A/HRC/16/2
Malawi
363. The review of Malawi was held on 1 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 Malawi in accordance with the annex to
Human Rights Council resolution 5/1, paragraph 15 (a) (A/HRC/WG.6/9/MWI/1 and
A/HRC/WG.6/9/MWI/1/Corr.1);
(b)
The compilation prepared by OHCHR in accordance with paragraph 15 (b)
(A/HRC/WG.6/9/MWI/2);
(c)
The summary prepared by OHCHR in accordance with paragraph 15 (c)
(A/HRC/WG.6/9/MWI/3).
364. At its 31st meeting, on 16 March 2011, the Human Rights Council considered and
adopted the outcome of the review on Malawi (see section C below).
365. The outcome of the review on Malawi comprises the report of the Working Group
on the Universal Periodic Review (A/HRC/16/4), the views of Malawi concerning the
recommendations and/or conclusions, and its voluntary commitments and replies presented
before the adoption of the outcome by the plenary to questions or issues that were not
sufficiently addressed during the interactive dialogue in the Working Group.
1.
Views expressed by the State under review on the recommendations and/or
conclusions, on its voluntary commitments and on the outcome
366. Malawi remained committed to carry out its obligations with regard to all treaties to
which it was a State party. When deciding to ratify international instruments, Malawi was
guided by the fundamental democratic principles enshrined in articles 7, 8, 12 and 13 of its
Constitution.
367. Malawi addressed each of the 23 recommendations mentioned in paragraph 104 of
the report of the Working Group.
368. Malawi had no immediate plans to ratify the second Optional Protocol to the
International Covenant on Civil and Political Rights, and would continue to listen to the
people regarding the issue of the death penalty (recommendations 104.1, 104.7, 104.8 and
104.10).
369. Malawi would consider the ratification of the Optional Protocol to the International
Covenant on Economic, Social, and Cultural Rights (recommendations 104.8, and 104.9).
370. Malawi would consider ratifying the Optional Protocol to the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which was an
ongoing process (recommendations 104.2, and 104.9).
371. Malawi would consider the ratification of the Optional Protocol to the Convention
on the Elimination of All Forms of Discrimination against Women (recommendations
104.3 and 104.9).
372. In September 2010, Malawi ratified the Optional Protocol to the Convention of the
Rights of the Child on the sale of children, child prostitution and child pornography
(recommendations 104.6 and 104.8).
373. Malawi had neither immediate plans nor the intention to ratify the International
Convention on the Protection of the Rights of All Migrant Workers and Members of Their
Families (recommendation 104.8), the International Convention for the Protection of all
Persons from Enforced Disappearance (recommendations 104.2, 104.8 and 104.9) and the
GE.11-17059
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