A/HRC/16/4
education compulsory and to include human rights education in school curricula. Turkey
made a recommendation.
66.
Italy commended Malawi for the efforts undertaken in implementing the first phase
of the World Programme for Human Rights Education and welcomed the moratorium on
executions that had been in place since 1992. It expressed concern about homophobia and
the recent detention, prosecution and sentencing to 14 years of imprisonment of a couple on
the basis of sexual orientation, and welcomed the pardon granted to them. With regard to
female genital mutilation, Italy noted that the practice persisted within some ethnic groups
and asked whether Malawi was considering acceding to the Optional Protocol to CEDAW.
It also noted with concern that children were still victims of child labour, corporal
punishment and sexual abuse. Italy made recommendations.
67.
Austria praised Malawi’s efforts towards gender equality. However, it inquired
about plans to ensure for women equal access to property and enhance the role of women.
Austria commended the presidential decision to pardon two persons convicted under laws
prohibiting consensual same-sex conduct, but shared its concern with regard to the
existence of such laws. Austria also inquired about the two bills pending in Parliament with
regard to improving access to justice, particularly for women. Austria made
recommendations.
68.
The United States commended Malawi for progress in aligning its national
legislation with some international human rights conventions, but was concerned by the
criminalization of homosexual activity. It noted that it viewed the decriminalization of
homosexuality as integral to the continued protection of universal human rights in Malawi,
and crucial to the urgent need to fight the spread of HIV/AIDS. In this regard, the United
States made a recommendation.
69.
Libya welcomed the adherence by Malawi to a number of international and regional
human rights instruments. Libya made recommendations.
70.
Argentina referred to the country’s efforts to review its refugee policies and refugee
law. It also welcomed the adoption of the first part of the Plan of Action for the first phase
of the World Programme for Human Rights Education. Argentina requested information
about measures to overcome practices affecting the vulnerability of persons affected by
HIV/AIDS and measures to eradicate gender discrimination. Argentina made
recommendations.
71.
Spain made reference to the non-application of the death penalty since 1992, but
noted that there were still more than 20 persons sentenced with the death penalty. Spain
applauded the President’s decision to pardon two persons who had been convicted under
the legislation criminalizing same-sex activities between consenting adults. Spain wished
to know when the visits by the Special Rapporteur on the right to food (requested in 2003
and reiterated in 2010) and the Special Rapporteur on adequate housing (requested in 2009)
could take place. Spain made recommendations.
72.
Switzerland commended Malawi for adopting several national policies aimed at
promoting the rights and well-being of children, notably in the areas of education, food
security and HIV/AIDs. Switzerland noted that the trafficking of children remained a major
problem. It noted that national legislation did not adequately suppress and punish the
trafficking of boys and that the Penal Code sanctioned only the trafficking of girls under the
age of 16. Switzerland expressed concern about provisions in the Penal Code authorizing
the prosecution and punishment of people solely for their sexual orientation or gender
identity. Switzerland made recommendations.
73.
Luxembourg praised the establishment of the National Human Rights Commission
and the encouraging presence of women in Parliament. It welcomed the recent presidential
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