United Nations Human Rights Council (UNHRC) has urged Malawi to take concrete measures to protect minority groups, including persons with albinism and disabilities, the elderly and the LGBTQIA+ community from violence and discrimination.
This is contained in its report published this month, coming after the Working Group on the Universal Periodic Review (UPR) reviewed a submission from the Malawi Government, which reaffirmed its commitment to upholding human rights.
According to the report, countries such as Iceland, Ireland, Canada, Norway, New Zealand and Malta called on Malawi to decriminalize same-sex relations between consenting adults by repealing the relevant sections of the Penal Code.
It reads: “Formally decriminalize consensual same-sex relations between adults, including reviewing and clarifying Penal Code sections 153, 154 and 156 to prevent prosecutions and reprisals of persons or organizations on this basis.
“Issue a moratorium on enforcing anti-homosexuality laws and repeal sections 137A, 153, 154 and 156 of the Penal Code.”
On the other hand, Uganda urged Malawi to continue putting in place measures to eliminate child marriages and protect girls from sexual and gender-based violence.
Malawi has also been called upon to continue efforts to develop national policies related to the rights of older persons, but also continue with efforts to integrate persons with disabilities into society by adopting effective policies and programmes for them.
It adds: “Continue efforts to address violence against, and abuse of, older persons, often victims of witchcraft beliefs, in line with regional and international standards.
“Take further measures to combat violence and address the root causes of discrimination against persons with albinism. Reinforce efforts to safeguard the rights of persons with albinism.”
During the UPR, Ministry of Justice director of legislative drafting services Amani Mussa said there is a national discourse on this issue and that government remained committed to engaging all stakeholders in an inclusive and respectful manner.
Notwithstanding the Penal Code, which criminalises same sex relations, he said government ensures that all persons, regardless of sexual orientation, have access to essential services, including health care services.
Meanwhile, Centre for Development of People executive director Gift Trapence has said it was a general concern that government has not committed to implementing certain recommendations but acknowledged the concerns.
He said: “While we welcome the acceptance of recommendations on [positive areas], we are concerned that recommendations LGBTIQ+ human rights protection were not fully supported.
In a June 2024 judgement, the High Court of Malawi sitting as the Constitutional Court upheld the criminalisation of same-sex relationships, affirming the constitutionality of contentious provisions in the Penal Code.
