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 155

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