The African Commission will consider Malawi’s periodic State report on Human and People’s rights next year in April because of late submission.
According to information gathered, Malawi’s report, which was submitted in July this year, could not be squeezed in the commission’s programme which runs from October 22 to November 5 2013.
It has also transpired that the Malawi Government delegation has failed to travel to Banjul, Gambia where the African Commission is holding its 54th Session for the Human and People’s Rights due to lack of funds.
This is the first time Malawi has submitted the periodic State report since the country ratified the African Charter on Human and People’s Rights in 1989.
The expectation was that it could be discussed during this session.
Centre for the Development of People (Cedep) executive director Gift Trapence said government should be committed to the commission’s processes and mechanisms.
Said Trapence: “Submitting a report alone is not a commitment, but they need to participate in all the commission’s processes.”
Both the Ministry of Justice and Constitutional Affairs spokesperson Apoche Itimu and Attorney General Anthony Kamanga did not respond to questionnaires on their absence.
Among topical issues, the State report assures the African Commission, which is an organ of the African Union (AU), that Malawi respects all individuals regardless of their race, ethnic, colour, sex, language, religion and political orientation.
It quotes the law saying, “Section 20 of the Constitution of Malawi is the core provision for the equality of all persons before the law and equal protection without any discrimination.
However, the shadow report submitted by Cedep and the Centre for Human Rights and Rehabilitation (CHRR) is recommending to the commission to urge Malawi to amend Section 20 of the Constitution to include sexual orientation.n
