A/HRC/30/5
46.
Montenegro welcomed the adoption of the Gender Equality Act, which defined the
term “discrimination against women” and prohibited “harmful practices”. It asked Malawi
to elaborate on the activities undertaken to enforce existing legislation prohibiting female
genital mutilation.
47.
Morocco commended the creation of the Office of the Ombudsman, the Human
Rights Commission and the Law Commission. It also supported the national human rights
action plan and a series of reforms for the establishment of a legislative and political
environment appropriate for the development and enjoyment of human rights.
48.
Namibia was pleased to note the initiatives regarding the road map on accelerated
reduction of maternal and neonatal deaths and the national sexual reproductive health and
rights strategy, the passing of the Gender Equality Act of 2013 and the adoption of the
Disability Act in 2012.
49.
Nepal commended Malawi on its adoption of the Disability Act in 2012 and the
Gender Equality Act in 2013, seeing the Gender Equality Act as an important step towards
protecting women from harmful traditional practices and other discrimination.
50.
The Netherlands welcomed the passing of the Marriage, Divorce and Family
Relations Act, while noting, however, that this law also contained several discriminatory
provisions that stigmatized lesbian, gay, bisexual and transsexual people and hampered the
fight against HIV/AIDS.
51.
The delegation of Malawi stated that the Marriage, Divorce and
Family Relations Act had been passed in 2015 and was expected to be operational soon.
Regarding the apparent inconsistency in the age of marriage between the Act and the
Constitution, the delegation pointed out that the Act provided for marriageable age to be 18
years. Section 22 (6) of the Constitution provided that persons between the ages of 15 and
18 years could marry only with the consent of their parents. The Constitution also provided
that anyone above the age of 18 would not be prevented from entering into a marriage. The
Constitutional provisions allowing for persons between the ages of 15 to 18 years to marry
could only be amended through a referendum.
52.
The Trafficking in Persons Act, the Gender Equality Act and the Disability Act were
operational. On the issues of press freedom, the access to information bill was in the
process of being finalized. The bill would soon to be submitted to the Cabinet and
thereafter to Parliament.
53.
The delegation emphasized that discrimination against lesbian, gay, bisexual and
transsexual persons was a problem that existed not only in Malawi. However, society in
Malawi needed to evolve and an informed society would be able to take a decision on this
matter. There was a need for discussion and debate on the issue. However, there had not
been any attempt by civil society to engage with the Government.
54.
The Prisons Act was being reviewed and should be completed later in 2015. Malawi
had the death penalty in its laws, but no one had been executed since 1994. Society needed
to be encouraged to discuss the issue. For those sentenced to death after 1994, some of
those sentences were being reviewed. The delegation explained that it was not mandatory
for a court to impose the death sentence for murder. The court had the discretion to impose
another sentence.
55.
Nicaragua acknowledged efforts to protect child rights and the adoption of measures
to promote the universal right of children to education. It highlighted the adoption of a
comprehensive law on disabilities.
56.
The Niger noted several institutions that functioned harmoniously and brought about
better protection of human rights, such as the Office of the Ombudsman and the Human
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