A/HRC/16/4
Introduction
1.
The Working Group on the Universal Periodic Review, established in accordance
with Human Rights Council resolution 5/1, held its ninth session from 1 to 12 November
2010. The review of Malawi was held at the 2nd meeting, on 1 November 2010. The
delegation of Malawi was headed by the Honourable Attorney-General, Ministry of Justice
and Constitutional Affairs, Justice Jane Ansah. At its 6th meeting, held on 3 November
2010, the Working Group adopted the report on Malawi.
2.
On 21 June 2010, the Human Rights Council selected the following group of
rapporteurs (troika) to facilitate the review of Malawi: Angola, Belgium and Ukraine.
3.
In accordance with paragraph 15 of the annex to resolution 5/1, 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.6/9/MWI/1);
(b)
A compilation prepared by the Office of the High Commissioner for Human
Rights (OHCHR) in accordance with paragraph 15 (b) (A/HRC/WG.6/9/MWI/2);
(c)
A summary prepared by OHCHR in accordance with paragraph 15 (c)
(A/HRC/WG.6/9/MWI/3).
4.
A list of questions prepared in advance by Denmark, Sweden, the United Kingdom
of Great Britain and Northern Ireland, the Czech Republic, Germany, Latvia, Slovenia, the
Netherlands and Norway was transmitted to Malawi through the troika. Those questions are
available on the extranet of the universal periodic review.
I. Summary of the proceedings of the review process
5.
During the interactive dialogue, 39 delegations made statements. Recommendations made during
the dialogue are to be found in section II of the present report.
A.
Presentation by the State under review
6.
Ms. Ansah introduced the report. Malawi thanked the Human Rights Council
secretariat, the United Nations Development Programme in Malawi and the Commonwealth
secretariat, which had assisted in its preparation. It was the product of a consultative
process that had engaged several ministries, the Human Rights Commission, the Law
Commission, the National Assembly, the Ombudsman and non-governmental
organizations.
7.
Malawi became independent in 1964. The 1964 Constitution recognized only civil
and political rights. The 1966 Constitution did not include a Bill of Rights. In 1994, a new
Constitution with a full-fledged Bill of Rights came into force.
8.
The Executive is headed by the President, who is the Head of State and Government.
The Constitution provides that the Executive is responsible for the initiation of policies and
legislation. The Legislature consists of a single, 193-member Chamber. The Judiciary
comprises the Supreme Court, the High Court and subordinate courts, and has the
responsibility of interpreting, protecting and enforcing the Constitution and all laws.
9.
Malawi stated that its national priorities were contained in the Malawi Growth and
Development Strategy, which recognized the importance of human rights in the context of
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