A/HRC/30/5
Introduction
1.
The Working Group on the Universal Periodic Review (UPR), established in
accordance with Human Rights Council resolution 5/1 of 18 June 2007, held its twentysecond session from 4 to 15 May 2015. The review of Malawi was held at the 3rd meeting,
on 5 May 2015. The delegation of Malawi was headed by Honourable S. B. Tembenu. At
its 10th meeting, held on 8 May 2015, the Working Group adopted the report on Malawi.
2.
On 13 January 2015, the Human Rights Council selected the following group of
rapporteurs (troika) to facilitate the review of Malawi: Albania, Kazakhstan and Kenya.
3.
In accordance with paragraph 15 of the annex to resolution 5/1 and paragraph 5 of
the annex to resolution 16/21, the following documents were issued for the review of
Malawi:
(a)
A national report submitted/written presentation made in accordance with
paragraph 15 (a) (A/HRC/WG.6/22/MWI/1);
(b)
A compilation prepared by OHCHR in accordance with paragraph 15 (b)
(A/HRC/WG.6/22/MWI/2);
(c)
A summary prepared by OHCHR in accordance with paragraph 15 (c)
(A/HRC/WG.6/22/MWI/3).
4.
A list of questions prepared in advance by Kenya, Liechtenstein, Mexico, Norway,
Slovenia, Sweden and the United Kingdom of Great Britain and Northern Ireland was
transmitted to Malawi through the troika. These questions are available on the extranet of
the UPR.
I. Summary of the proceedings of the review process
A.
Presentation by the State under review
5.
The delegation stated that Malawi had undergone two peaceful political transition
processes. In April 2012, following the death of the country’s third President, the VicePresident assumed the presidency. In May 2014, the first-ever tripartite elections were held,
electing a fifth post-independence President, members of Parliament and local government
councillors.
6.
The general framework for human rights was guided by the Constitution, which also
provided the institutional and enforcement framework, as well as limitations and
restrictions and instances where derogation from rights was permissible. The Constitution
also provided for principles of national policy and contained a bill of rights, which
harmonized the domestic obligations of Malawi with the international human rights
framework.
7.
Several institutions, such as the Ministry of Justice, the Human Rights Commission,
the Law Commission, the Office of the Ombudsman and the Prison Inspectorate, played
significant roles in protecting human rights. The Ministry of Justice and the Human Rights
Commission led the process of drafting a national human rights action plan, with support
from the United Nations Development Programme. There were 105 human rights civil
society organizations that complement government efforts on issues of human rights and
democratic governance.
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