Malawi 2Nd Periodic Report, 2015-2019.Pdf

REPUBLIC OF MALAWI

PERIODIC REPORT

THE AFRICAN CHARTER ON HUMAN AND PEOPLE'S RIGHTS AND THE MAPUTO PROTOCOL

MAY 2015 TO MARCH 2019

LIST OF ACRONYMS

African Charter on Human and People’s Rights ACHPR African Charter on the Rights and Welfare of the Child ACRWC Child Labour Elimination in Action for Real Change CLEAR Clean Development Mechanisms CDM Community Based Management of Acute Nutrition CBMAC Complementary Basic Education CBE Concluding Observations CoBs Convention on the Elimination of all forms of Discrimination Against Women CEDAW Convention on the Elimination of all forms of Racial Discrimination CERD Convention on the Rights of the Child CRC District Heal Office DHO District Peace Committees DPC Elimination of Child Labour in Tobacco Growing Foundation ECLT Essential Health Package EHP Infant and Young Child Feeding ICHF Integrated Rural Development Strategy IRDS Malawi Communication Regulatory Authority MCRA Malawi Computer Energy Response Team MCERT Malawi Human Rights Commission MHRC Malawi Law Commission MLC Malawi Peace Commission MPC Malawi Public Service Charter MPSC National Agricultural Investment Plan NAIP National Agricultural Policy NAP National Multi-Sector Nutrition Policy NMNP National Planning Commission NPC Non-Communicable Disease NCD Non-Governmental Organisation NGO Organisation of African Unity OAU

Payments for Ecosystem Services PES Primary School Improvement Programme PSIP Reduced Emissions for Deforestation and Forest Degradation REDFD United Nations Convention on Biological Diversity UNCBD United Nations Framework Convention on Climate Change UNFCCC Youth Net and Counselling YONECO

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Contents INTRODUCTION ...... 1 PART A ...... 2 IMPLEMENTATION OF THE CHARTER SINCE 2015 ...... 2 General Update ...... 2 Legislative Framework ...... 3 Constitutional amendment on the age of the child – 2017 ...... 3 Access to Information Act – 2017 ...... 4 HIV/AIDS (Prevention and Management) Act – 2018 ...... 4 Trafficking in Persons Act 2015 ...... 5 Marriage Divorce and Family Relations Act 2015 ...... 5 National Planning Commission Act 2017 ...... 6 Electronic Transactions and Cyber Security Act – 2016 ...... 6 Courts Amendment Act 2016...... 7 Land Act 2016 ...... 7 Customary Land Act 2016...... 8 Physical Planning Act 2016 ...... 8 Land Survey Act 2016 ...... 9 Political Parties Act 2018 ...... 10 National Intelligence Service Act 2018 ...... 11 Citizenship Amendment Act 2019 ...... 12 Policy Framework ...... 12 National Cultural Policy 2015...... 12 The Gender Equality Act Implementation and Monitoring Plan (2016-2020) ...... 13 National Forest Policy 2016 ...... 13 National Agriculture Policy 2016 ...... 14 National Agriculture Investment Plan 2018 ...... 16 National Fisheries and Aquaculture Policy 2016 ...... 17 Malawi Growth and Development Strategy – 2017 -2022 ...... 18 National Action Plan on Persons with Albinism – 2018 – 2020 ...... 18

Handbook for Investigators, Prosecutors and Magistrates concerning offences against Person with albinism ...... 19 National Disability Mainstreaming Strategy and Implementation Plan 2018 – 2023 ...... 19 National Peace Policy 2017 ...... 19 Accelerating Inclusive Local Governance and Participatory Democracy for Effective Social Economic Development 2017 to 2023 ...... 20 National Action Plan on Trafficking in Persons – 2017 – 2022 ...... 20 National Multi Sector Nutrition Policy 2018-2022 ...... 21 Health Sector Strategic Plan II – 2017-2022 ...... 22 National Health Policy 2018 - 2030 ...... 24 National Strategy for Adolescent Girls and Young Women 2018-2022...... 25 National Strategy on ending child marriages 2018 - 2022 ...... 25 National Policy for Older Persons 2016 ...... 26 National Strategy on Inclusive Education 2016 to 2020 ...... 28 National Public Sector Reforms Policy 2018 to 2022 ...... 30 Public Service Management Policy 2018 to 2022 ...... 31 IMPLEMENTATION OF THE 2015 CONCLUDING OBSERVATIONS AND ARTICLES OF THE CHARTER ...... 32 Article 1-Ratification and Domestication of International Instruments ...... 32 Article 4 - The Right to Life and the Integrity of the Person ...... 33 Table 1: Death of Prisoners from January 2014 to September, 2018:…………………………………. .... 34 Article 5 - Prohibition of Torture and Cruel, Inhuman and Degrading Treatment ...... 34 Article 6 and 7 - Access to Justice, Right to Liberty and Security of Persons, Fair Trial Rights, and conditions of detention ...... 36 Table 2: Camp Courts Statistics in 2016 - Source: Malawi Judiciary ...... 37 Table 3: Prison Population versus design capacity: Source: Malawi Prison Service ...... 38 Table 4A: Measures Employed to Address Overcrowding in Prisons –…………………………...... 40 Table 4B: Presidential Pardons – Source: Malawi Prison Service ...... 40 Article 9 - Freedom of Expression and Access to Information ...... 41 Article 10 and 11 - Freedom of Association and Assembly ...... 42 Article 12 – Right to Movement, Rights for Refugees and Asylum Seekers...... 42

Table 5: Refugee Population Registered as at May 2018, (Refugee Determination Unit Statistics) ...... 46 Table 6: Number of asylum seekers not registered as at May, 2018……………………… ...... 47 Article 14 – Right to Property ...... 48 Table 7: Population by Type of Occupancy, Region and District, 2018- ……………………………...49 Article 15-The Right to Work ...... 50 Article 16 - Right to Health ...... 52 Article 17 - Right to Education ...... 60 Primary Schools ...... 63 Student information and Enrolment status 2012-2017 ...... 63 Graph 1: Enrollment in Primary School 2012 – 17 – Source - Ministry of Education …… ...... 63 School infrastructure ...... 63 Access indicators ...... 63 Special Needs ...... 64 Graph 2 – Dropouts in Primary Schools –…………………………………………………………… ...... 64 Secondary Schools ...... 65 Student information and Enrolment status 2012-2017 ...... 65 Graph 3: Secondary School Enrollment 2013 – 2017 ………………………………………...... 65 School infrastructure ...... 65 Graph 4: Classroom Numbers: Source – Ministry of Education, Science and Technology ...... 65 Access indicators ...... 66 Special needs ...... 66 Graph 5: Special Needs Enrollment – ...... 66 Dropouts ...... 67 Graph 6: Dropouts in Secondary Schools……………………………………………………...... 67 Education Expenditure ...... 67 Table 8: Education Expenditure 2012 – 2017 ...... 67 Number of schools...... 68 Scholarships ...... 68 Table 9: Access indicators- Source: Ministry of Education, Science and Technology ...... 69 Table 10: Quality Indicators - Source: Ministry of Education, Science and Technology...... 70

Table 11: Efficiency indicators - Source: Ministry of Education, Science and Technology ...... 70 Table 12: Equity Indicators- Source: Ministry of Education, Science and Technology ...... 71 Table 13: Budgetary and Expenditure- Source: Ministry of Education, Science and Technology ..... 71 Article 18(3) - Protection of the Rights of Women and Children ...... 71 Graph 7: Statistics on Trafficked Persons Per Selected Districts: Source: Malawi Police Service ..... 73 Graph 8: External Trafficking: Source: Malawi Police Service ...... 74 Graph 9: Trafficking in Persons Trends: 2013 to 2017: Source: Malawi Police Service...... 74 Graph 10: Trafficked Persons in accordance with age, Source: Malawi Police Service ...... 75 Article 18(4) - Protection of Aged Persons and Persons with Disabilities ...... 76 Table 15: Total Population, Persons with Albinism and Epilepsy by Sex, Age group, Urban and Rural, 2018………………………………………………………………………………………...... 77 Article 21 - Wealth and Natural Resources ...... 80 Article 25- Duty to Promote Human Rights ...... 82 PART B ...... 83 IMPLEMENTATION OF MAPUTO PROTOCOL SINCE 2015 ...... 83 Articles 3, 4 and 5 - Protection of Women against Violence and Harmful Practices ...... 84 Table 16: Gender Based Violence Status 2015-2017 – Source – Malawi Police Service...... 85 Articles 2, 8, 9 and 12 – Equality and Non-discrimination ...... 86 Table 17 Gender profile in the decision making positions (per grade)…………………………...... 89 Table 18: Gender profile in the non-decision making positions (per grade)………………………… ...... 90 Article 14 - Health and Reproductive Rights ...... 91 Graph 11: Child Mortality Rates: ...... 92 Graph 12:HIV Percentage Of Residence of Men and Women aged 15 – 49 - …………………… ...... 95 Graph 13 – HIV Testing among adults – Source MHDS – 2015 -2016 ...... 96 Articles 6 and 7 - Rights Related to Marriage ...... 97 Article 13 - Economic, Social and Cultural Rights ...... 99 Articles 20, 21, 22 and 23 - Rights of Specially Protected Women Groups ...... 100 CHALLENGES IN THE IMPLEMENTATION OF THE CHARTER AND MAPUTO PROTOCOL .. 103 Annex 1 National Task Force Members ...... 104 Annex 2: List of harmful practices prohibited by Section 4 of the HIV/AIDS (Prevention and Management) Act ...... 105

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Annex 3 Malawi Communication Regulatory Authority ...... 106 Annex 4 Information on extractive industries and human rights: ...... 110

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INTRODUCTION

1. The Malawi Government hereby submits this periodic report on the African Charter on Human and Peoples Rights, (the Charter) and the Protocol on the Rights of Women (Maputo Protocol). The report covers the period May 2015 to March, 2019. Part A of the report is on the African Charter on Human and Peoples Rights and part B is on the Maputo Protocol. In the report we give a general update on the status of human rights in Malawi for the relevant period. We also give an update on the implementation of the 2015 Concluding Observations and Recommendations.

2. The report was compiled by the National Task Force on the African Charter on Human and Peoples’ Rights which was initially established in 2013 and expanded in 2017. The Task Force is chaired by the Ministry of Justice and Constitutional Affairs with membership from governance institutions, Ministries, departments, agencies and civil society organizations. The list of members of the Task Force is attached hereto as Annex 1.

3. We are very pleased that this report was compiled in an open, inclusive and participatory manner. The National Task Force on the Charter has become a forum where Government interfaces with key human rights practitioners not only regarding issues to do with the Charter but also regarding the general status of human rights in Malawi. The Government believes that the state is the primary human rights defender. We are therefore determined to ensure that Malawi fully respects the values and ideals of human rights as enshrined in our Constitution and various international human rights instruments. This report is a summary of the status of human rights in Malawi during the reporting period. Due to issue of space, the report is limited in content and scope but we look forward to provide further information and further details during the review of this report.

PART A

IMPLEMENTATION OF THE CHARTER SINCE 2015

General Update 4. Malawi’s initial and combined report was submitted to the Commission in July 2013. The report was reviewed in May 2015. Concluding Observations and Recommendations by the Commission were submitted to Malawi in December 2015. The Human Rights Section in the Ministry of Justice and Constitutional Affairs has been coordinating the implementation of the 2015 recommendations through the National Task Force on the Charter. The Task Force meets every quarter to discuss issues arising from the African Commission as well as the general human rights developments relating to Malawi.

5. Upon receipt of the 2015 Concluding Observations, (CoBs) and Recommendations, they were disseminated electronically and in hard copies to all members of the National Task Force as well as key human rights stakeholders. The Task Force discussed every COB and Recommendation and relevant institutions were assigned specific COB(s) and Recommendations for implementation. The quarterly meetings of the Task Force were used by the various institutions to present reports on the implementation status of the COBs and Recommendations.

6. The Malawi Government lined up a few activities to commemorate the 30th anniversary of the African Charter in 2016 and 2017. These included taking the African Charter and the Maputo Protocol to rural women with a specific view of increasing their awareness of the rights in the two instruments. We also held an interface with traditional leaders specifically on Maputo Protocol. A panel discussion on human rights and Agenda 2063 was held as well as launching the Human Rights Section in the Ministry of Justice and Constitutional Affairs. We believe that these activities helped in raising awareness of the two instruments. The National Task Force on the Charter was also expanded to include more agencies and civil society organisations. As a result, we have noted an increase in the number of Government institutions that take part in the Commission’s activities as

well as number of civil society organizations seeking observer’s status with the Commission.

7. In order to enhance efficiency in the coordination of Human Rights issues, the Human Rights Unit in Ministry of Justice and Constitutional Affairs was upgraded to a Human Rights Section in 2016. The Section coordinates the implementation of the Human Rights Action Plan, State Party reporting both to the United Nations and African Union, research in human rights trends as well as other human rights issues as they may arise.

8. The Malawi Human Rights Commission continues to enjoy an A status as a National Human Rights Institution. In addition, we have a robust civil society community that works well with Government and Malawi Human Rights Commission. The Government is committed to ensure that civil society organizations have space and operate in a favorable legal environment.

Legislative Framework 9. Since 2015 Malawi has passed various laws that enhance the enjoyment of human rights in the country. These relate to the implementation of the Charter and Protocol. These include:

Constitutional amendment on the age of the child – 2017 10. The Constitution under section 23(6) previously stipulated that children shall be persons under the age of sixteen years. However taking regard to international human rights instruments, and various legal and human rights challenges faced by children, the Constitution was amended to raise the age of the child from 16 to 18. Following that amendment, steps are being taken to harmonize all laws on the age of the child. This process is being led by a Task Force chaired by the Ministry of Justice and Constitutional Affairs and the Ministry of Gender, Children, Disability and Social Welfare.

11. The 2017 constitutional amendment is the domestication of the specific requirement of the CRC, the ACRWC as well as the implementation of the recommendations Malawi

received under Universal Periodic Review, ICCPR, CEDAW, African Charter, among others. The amendment is also a fulfillment of the amicable settlement of the case of IHRDA versus Malawi before ACERWC.

Access to Information Act – 2017 12. Section 37 of the Constitution states that every person shall have the right of access to information held by the state or any of its organs at any level of Government in so far as such information is required for the exercise of his or her rights.

13. The Access to Information Act, 2017 builds on the constitutional provision by providing for a framework to facilitate access to information held by information holders in compliance with any right protected by the Constitution and any other law, promote routine and systematic information disclosure by information holders based on constitutional principles of accountability and transparency.

14. It also provides for the protection of persons who release information of public interest in good faith and facilitate civic education on the right to access to information under this Act. Section 5 of the Act states that a person shall have the right to access to information, in so far as the information is required for the exercise of his rights which is in the custody of, or under the control of a public body or a relevant private body to which the Act applies. The Act was passed with inspiration from the African Commission Model Law on Access to Information.

HIV/AIDS (Prevention and Management) Act – 2018 15. This Act provides for the prevention and management of HIV and AIDS while at the same time ensuring the rights and obligations of persons living with HIV or affected by AIDS. It also establishes the National Aids Commission which oversees all issues regarding HIV/Aids. Section 4 of the Act prohibits harmful cultural practices. A list of harmful practices so prohibited is attached hereto as Annex 2.

16. Section 6 of the Act prohibits discrimination of any person on a basis relating to HIV and AIDS related infections. Section 9 gives an infected person the right to privacy and confidentiality with regard to information concerning his status while Section 26

prohibits an employer from requiring any person to undergo HIV testing as a pre- condition for recruitment. The Act domesticates specific aspects on the Maputo Protocol as it relates to HIV/Aids issues.

Trafficking in Persons Act 2015 17. This Act is the domestication of aspects of the Palermo Convention and its Protocols and provides a solid legal regime against trafficking in persons. It provides for the three P’s namely, Prevention, Protection and Prosecution. The penalties for trafficking in persons include 14 years jail term and 21 years in the case of child victims.

Marriage Divorce and Family Relations Act 2015 18. The Act domesticates aspects of CEDAW, African Charter and Maputo Protocol. It makes provision for marriage, divorce and family relations between spouses, unmarried couples, their welfare, maintenance and that of their children and for connected matters. The Act has revolutionalized the law on marriage and divorce with emphasis on the rights and equality of spouses.

19. Section 12 recognises the following marriages, a civil marriage whereby one declares marital status prior to marriage, a customary marriage accorded with customs and rites of religious body, sect, denomination or ethnic groups, marriage by repute or permanent cohabitation which shall only be recognized upon a finding of a court of competent jurisdiction.

20. The Act also provides for offences such as polygamy and bigamy under section 51, marriage ceremony with a married person under section 52, making false declaration in relations to marriage using a certificate, permit, license document or statement by law for the purpose of marriage as stipulated in section 53 and personating in marriage by impersonating another person in entering marriage or marries under a false name or description with intent to deceive the other party to the marriage as indicated in section 57.

21. The Act provides for matters related to divorce under section 74 highlighting equitable division and re-allocation of property upon dissolution of marriage taking into account

direct and indirect contribution made by either spouse including through performance of domestic duties. Further, it deals with maintenance of single pregnant women under section 96.

National Planning Commission Act 2017 22. The Act establishes the National Planning Commission tasked with the responsibility of coordinating Malawi’s development agenda in line with the Malawi Growth Development Strategy and other global and regional development agendas such as Agenda 2030 and Agenda 2063.

23. The Commission’s task is to identify Malawi’s social-economic development priorities and formulate the national vision and strategy for social and economic goals taking into account the country’s resource potential and comparative advantage.

24. The Commission is required to oversee the implementation of long-term national vision and strategies and the medium-term development plans; formulate innovative and progressive flagship projects and programmes for implementation in line with the national vision and strategies for the country, identify and commission research on any matter the Commission deems relevant to the attainment of the objects of the Act.

25. The Commission’s establishment is in furtherance of section 30 of the Constitution on the right to development and states that all persons have a right to and therefore to the enjoyment of economic, social, cultural and political development and women, children and persons with disabilities in particular shall be given special consideration in the application of the right.

Electronic Transactions and Cyber Security Act – 2016 26. The Act establishes the Malawi Computer Emergency Response Team (MCERT) and its functions, to make provisions for criminalizing offences related to computer systems and information communication technologies further more provide for investigation, collection and use of electronic evidence and matters connected therewith. The Act provides a legal framework that shall facilitate competition, development of information

and communication technology and the participation of Malawi in the information age and economy.

27. The Act seeks to ensure that the development, deployment and exploitation of information and communication technology within the economy and society and related legal provisions shall balance as well as protect community and individual interests, including privacy and data protection issues.

28. Section 4(b) states that freedom of communication over electronic network shall be promoted, with the exception of specific reasons as provided for in the Act. This builds on the Constitutional provisions of right to access to information in section 37 and right to privacy in section 21(c) of the Constitution.

Courts Amendment Act 2016 29. The Act establishes divisions in the High Court of Malawi in an effort to enhance access to justice and improve on the efficiency of the judiciary.

30. The divisions include; the Civil Division responsible for civil matters not provided for under another division of the High Court, the Commercial Division responsible for any commercial matter, the Criminal Division responsible for any criminal matter, the Family and Probate Division responsible for any family or probate matter and the Revenue Division responsible for any revenue matter.

Land Act 2016 31. This is the principal Act to making provision for all land matters in Malawi. Unlike the Land Act of 1965 which vested land in the President in perpetuity, Section 8 of the 2016 Act vests land in the Republic in perpetuity. Customary land is no longer defined as one of the categories of land under the Act. Instead, Section 19 makes provision for the conversion of customary land. The land can be registered as private land apart from unallocated customary land, which is public land. Where there has been acquisition of the land, compensation is made for land itself as well as the developments on the land. This is also a departure from the previous Land Act where compensation was only made for the developments on the land and not the land itself. The significance of this Act is that it

harmonises the existing legal framework with the aspirations of the Malawi National Land Policy 2002 (MNLP).

Customary Land Act 2016 32. This is the main Act in customary land administration and management in Malawi. The Act provides for registration of customary land in the form of customary estate. The most important aspect regarding the creation of customary estate is that an individual will now be able to own land in his or her own right thereby having a guaranteed tenure security. Again, a customary estate shall be of an indefinite period/duration, inheritable and transmissible by will. With the creation of a customary estate under the new Customary Land Act, an individual, either man or woman will be registered as the owner of the land which in turn can be used to create a lease or sub-lease.

33. The Act also makes provision for the establishment of Land Committees which are responsible for the management of all customary land in a Traditional Land Management Area. The committees are comprised of a Group Village Headman who shall be the chairperson and six other persons elected by and from within the community, at least three of whom shall be women.

Physical Planning Act 2016 34. This is an Act to make provision for physical planning and the orderly and progressive development of land in both urban and rural areas; to preserve and improve amenities thereof; for the grant of permission to develop land and for other powers of control over the use of land; for the establishment of the Physical Planning Council; for the establishment of the Physical Planners Board; for the registration and regulation of physical planners.

35. The Act reaffirms the Malawi Land Policy Recommendation of declaring the whole Malawi a “planning area”. The aims of regulating land use and location of physical developments are to enhance orderly spatial physical growth of human settlements activities, to enhance optimum use of land and service infrastructures, and to protect and conserve fragile environmental systems. These objectives are achieved by guiding physical developments, and controlling building uses in designated zones with regulated

planning permissions. The Physical Planning Act, 2016, is holistic when dealing with physical planning. Section 24 prescribes what a National Physical Development Plan should consist of; among which are development statements, principles and background studies which among other things should cover analysis of demographic, economic, energy and environment issues, land use and land tenure. Further the Act demands that relevant authorities should consult other relevant institutions when reviewing physical plans for development. It recognises the need of reasonable compensation to land owners in case of compulsory acquisition of land for public interest in accordance to section 18 of the Land Act of 2016.

Land Survey Act 2016 36. The Land Survey Act 2016 repeals the Land Survey Act (Cap 59:03) of 1955. The Act provides for land survey and related matter to ensure provision of better land surveys and the licensing and control of Land Surveyors. The Act also provides for establishment of Land Surveyors Registration Board and Malawi Geographical Information Council. The main function of the Land Surveyors Board is to license and oversee the conduct of land surveyors. The main functions of the Malawi Geographical Information Council are to register spatial data and to advise on policies and technical issues relating to spatial data development, update, management, and transfer. A licensed land surveyor is the only person who can prepare plans, diagrams or maps that are used for registration of a land title or a deed. Any boundaries marked or demarcated by a land surveyor are lawfully established. The method and accuracy for establishing boundaries of pieces or parcels of land is not specified in the law but is to be defined in the regulations and rules. Equally, the fees to be paid for surveying services shall be included in the regulations and rules since these are reviewed periodically. For precise location of land parcel, boundary corners and lines are defined by measurement (distances and directions between corners) and referenced to the monuments or markers placed or existing on the ground or to adjoining land.

Political Parties Act 2018 37. This Act regulates the registration, financing and functioning of political parties. A political party, consisting of not less than one hundred persons in each of the districts of Malawi who are eligible to vote, may apply in writing to the Registrar for registration of the party under the Act. The Registrar may refuse the registration of a political party if the application is not in conformity with the Act. The party that is refused to register may have the decision reviewed by the High Court upon application. In the exercise of his power, the Registrar may deregister a political party on his own motion or by an application of the member of that party if the party does not satisfy the conditions the Act. Such a decision to deregister may be reviewed by the High Court.

38. A political party that has managed to secure more than one-tenth of the national vote in parliamentary elections, shall be entitled to be provided with funds by the state to ensure that, during the life of any parliament, the party has sufficient funds to continue to represent its constituency. The Secretary of Treasury may, on the recommendation of the Registrar, suspend the allocation of funds to a political party if the party has failed to comply with any requirement under the Act.

39. The political party shall have the right to nominate candidates to contest in presidential, parliamentary or local government elections and to campaign for any candidate in the elections, and in excising this right; parties shall endeavor to achieve fair gender representation with an election. The party shall also have the right to organize and conduct public rallies without unlawful interference from the State, other political parties, or any person. The party shall also have the right to freely publish, or import into Malawi, its election campaign materials and to be accorded adequate facilities for access to public information reasonably required for such publication. A party shall have the right to equitable and balanced coverage during presidential, parliamentary and local government elections by the Malawi Broadcasting Corporation. Furthermore, the Act provides that any person shall have the right to access to information received by the Registrar in the exercise of his functions under the Act.

40. A candidate or political party contesting or intending to contest in an election under this Act shall not at any time issue handouts. A person who commits an offence under this

Act for which no punishment has been provided for in this Act shall, upon conviction, be liable to a fine of K10,000,000 and imprisonment for five years. The Registrar of political parties shall receive and investigate complaints received under this Act. And in exercise of his powers, functions and duties, be independent of the interference or direction of any other person or authority.

National Intelligence Service Act 2018 41. The Act establishes of the National Intelligence Service with clear definition of its powers, functions and duties, to regulate the administration and control of the Service; and to provide for matters connected with or incidental thereto. The Service is bound to be an independent State institution reporting to the President.

42. The duties of the Service include to gather, evaluate, correlate, interpret, investigate, disseminate and store information, whether inside or outside the Republic, for the purpose of detecting and identifying of threats to the security of the Republic, advising the President and Government of any threat or potential threat to the security of the Republic, taking steps to protect the security interests of the Republic whether social, military or economic and supporting the prevention or detection of serious crime. The Service will also perform such tasks as may be necessary to protect the State from threats and acts of espionage, subversion, terrorism, sabotage or actions intended to undermine parliamentary democracy or to overthrow the Government by unconstitutional means. Furthermore, the service shall also advise the Government Departments, public bodies or institutions and statutory bodies or corporations, on the protection of vital installations.

43. The Act provides that every member of staff of the Service shall be subject to a Disciplinary Code as may be prescribed by the Act. Staff of the Service shall not engage in any political activity or represent or act as an agent of any political party, group or individual. The staff of the Service shall not, in the performance of the functions or powers under the Act, subject any person to torture or any other cruel, inhuman or degrading treatment. This provision compliments the provision of the Constitution specifically section 19 that provides for human dignity and personal freedom.

44. The Service shall annually submit a report on the activities of the Service to the Defense and Security Committee of Parliament. This is for the purposes of checks and balances to

make sure that the Service is acting within its powers and mandates. The Act also provides for the establishment of a complaints tribunal for the objective of investigating complaints under the Act. Amongst the composition of the tribunal, there shall be a human rights advocate nominated by the Human Rights Commission.

Citizenship Amendment Act 2019 45. The Amendment Act introduces a new section 6 which allows any citizen of Malawi, by birth, descent to hold citizenship of one other country in addition to the citizenship of Malawi. The Act provides for a list of office holders who are prevented from holding citizenship of any other country.

Policy Framework 46. Several policies, strategies and action plans have been adopted during the reporting period. These relate to the implementation of both the Charter and the Protocol. They include:

National Cultural Policy 2015 47. This policy aims to identify, preserve, protect and promote Malawian arts and culture for national identity, unity in diversity, posterity and sustainable socio-economic development. With this in mind the policy wishes to achieve heritage of Malawi’s culture in all its identifiable forms, safeguarded and preserved for national identity and posterity.

48. The Ministry of Tourism and Culture through the Department of Culture will be responsible for provision of policy direction, technical guidance, oversight, mobilizing stakeholder support, coordination and monitoring and evaluation of the implementation of the policy.

49. At national level, the Constitution of Malawi provides, in section 26, rights for its citizens to participate in cultural life of their choice and rights to development and enjoyment of social and cultural development.

The Gender Equality Act Implementation and Monitoring Plan (2016-2020) 50. The goal of the plan is to provide gender equality, integration, influence, empowerment, dignity and opportunities for men and women in all functions of society. The plan has five thematic areas. These are:  Gender in education and training  Gender in health services and sexual reproductive health rights  Mainstreaming gender in development sectors  Gender in governance and human rights  Capacity of the National Gender Machinery

National Forest Policy 2016 51. The National Forest Policy lays down guiding principles, policy statements and strategies on the management of forests in the country. The Policy is aligned to bilateral and international agreements and conventions such as the Rio Declaration, United Nations Framework Convention on Climate Change (UNFCCC), the Montreal Protocol, United Nations Convention to Combat Desertification (UNCCD), United Nations Convention on Biological Diversity (UNCBD), United Nations Convention on International Trade in Endangered Species of wild fauna and flora (CITES)

52. The goal of the National Forest Policy is to improve provision of forest goods and services to contribute towards sustainable development of Malawi through protection and conservation of forest resources. The policy aspires to control deforestation and forest degradation. . The policy promotes strategies that will contribute to increased forest cover by 2% from the current 28% to 30% by 2021, and sustainable management of existing forest resources.

53. The National Forest Policy takes a holistic approach to sustainable forest management. It adequately addresses issues of forests and water; climate change; food security; HIV and AIDS; gender and equity; wealth creation; biodiversity and Payments for Ecosystem Services (PES); Reduced Emissions from Deforestation and Forest Degradation (REDD+) and Clean Development Mechanisms (CDM). The National Forest Policy recognizes among others the importance of creating an enabling environment for

participation of all stakeholders including Public, Private, Civil Society, Non- Governmental Organizations (NGO), Communities, and Academia in collaboration with international community in the management of forest resources.

54. While numerous issues could be considered to address sustainable forest management, implementation of this policy by the Government and its partners will focus on ten priority areas namely:- Community Based Forest Management; Indigenous Forests, Forest Reserves, and Ecosystem Management; Forest Plantations and Estates Management; Forestry Regulation and Quality Control; Forestry Knowledge Acquisition and Management; Capacity Development for Forestry Sector; Biomass Energy Development; Development of Forest Based Industries; Regional and International Cooperation; and Financing Mechanisms. Sustainable Forest Management will ensure continuous provision of forest goods and services, increased forest cover and climate change management.

National Agriculture Policy 2016 55. The development ambition for the National Agriculture Policy (NAP) is agricultural transformation. Such a transformation is necessary to enable all Malawian households to better meet their desires for prosperity and economic security, whether by continuing to pursue agriculture-based livelihoods or through engaging in other sectors of the economy. For the moment, food production primarily for the dietary needs of one’s own household dominates the agricultural activities of most Malawians. The NAP seeks to ensure that such production is done as efficiently as possible.

56. However, the longer-term ambition for the NAP is the transformation of the sector into one in which Malawi’s farmers engage in considerably more specialized and more productive agricultural production according to the comparative advantage of each, but within the context of an overall more diversified agricultural sector, involving a much broader range of food and non-food crops and other agricultural products, with increased reliance on markets by both farming and non-farming households to earn incomes and to meet the food needs of their members. A key consideration to realizing this ambition of agricultural transformation is the place of smallholder farming in such a development pathway. That smallholder farming will need to be the principal focus of public

investments within the agriculture sector for the foreseeable future is not in question in order to optimise resources under smallholder subsector.

57. However, despite its predominance today, the development objectives of the NAP will not be achieved if the policy is oriented towards smallholders and their food needs alone and sustaining smallholder farming in the long-term. A more heterogeneous perspective of the farming sector is adopted here, including support to medium-scale and large-scale commercial farmers. Public investments in the sector made under the NAP will be designed, insofar as possible, to be beneficial for all farmers – for smallholders operating primarily at a subsistence level, medium-scale farmers who are consistently able to produce marketable surpluses, and larger, commercial producers.

58. The development of the NAP has taken place against the background of incoherent sub- sectoral policies in the context of changing economic opportunities and challenges for Malawi’s agricultural sector. These incoherencies have resulted in inadequate investments to some sub-sectors, policy reversals, and weak regulatory frameworks, among other weaknesses and constraints. Hence, clear and comprehensive policy guidance for the agricultural sector will ensure continued and increasingly positive contributions to agricultural development and to the economy as a whole by farmers, processors, and traders.

59. The main operational rationale for this NAP is to improve coherence across the wide range of agricultural sub-sector policies that are in place and to better coordinate their implementation. In this respect, the NAP is critical for the following reasons:

• Enhancing sustainable management of agricultural resources, increased agricultural exports and incomes, food security, and improved nutrition in the face of growing population pressure, urbanization, increasing global economic interdependence, and climate change that have serious implications for the economic and social wellbeing of farm households in Malawi.

• Strengthening linkages between the agricultural sector and other sectors to ensure sustained and resilient socio-economic growth and development.

• Guiding the sector’s operations in the face of different cross-cutting issues that affect the agricultural sector, such as climate change, gender, youth, vulnerable groups including persons with disabilities, and HIV/AIDS.

National Agriculture Investment Plan 2018 60. The National Agricultural Investment Plan (NAIP) is the medium-term investment framework for the agricultural sector covering a five-year period (FY2017/ 2018- FY2022/2023. The NAIP provides a framework to coordinate and prioritise investments by various government agencies, Development Partners (DPs) and None State Actors (NSA) in the sector. It is the successor framework built on achievements and lessons learned under the Agricultural Sector Wide Approach (ASWAp), which was implemented from 2011/2012 to 2015/2016 financial years.

61. In particular, the NAIP is guided by the Malabo Declaration on Accelerated Agricultural Growth and Transformation for Shared Prosperity and Improved Livelihoods signed by the Heads of State in June 2014. NAIP is the main implementation vehicle for the National Agriculture Policy (NAP) and as such, it places emphasis on strengthening implementation capacities and coordination of various actors involved in its implementation. This includes alignment with related policies and investment frameworks in areas such as trade, resilience, climate change, nutrition and social protection; and also improved coordination within the agricultural sector as well as strengthening the prominent role of NSAs and the private sector. Whilst the Ministry of Agriculture, Irrigation and Water Development (MoAIWD) will be the lead implementing agency, other ministries will also play important roles in its implementation.

62. The NAIP focuses on public investments, while recognising that broad-based agricultural growth must be driven by investments of private actors, ranging from smallholder farmers to companies engaged in input supply, production and value addition. The NAIP recognises that willingness of these actors to invest depends on an enabling policy and investment environment. As such, the framework supports critical policy, legal and

regulatory reforms. It will, therefore, strengthen public institutions to fulfil their mandates for services and public investments.

63. The NAIP also creates appropriate coordination mechanisms within the public sector and between the public and private sectors, including farmers and NSAs. While private investments are critical to the success of the NAIP, they are very difficult to plan and budget over a five-year period in a volatile and diverse sector such as agriculture, and any such attempts would be highly speculative. Hence, private investments are only included in the NAIP budget and results framework to the extent in which they co-finance public investments and service provision under the plan, except for a few cases where clear private sector investment commitments do exist.

64. The NAIP ensures that sectoral growth is inclusive, environmentally sustainable and climate smart. This requires close coordination across related policy areas, such as social protection, gender, youth, environment, climate change, nutrition and health in order to maximise synergies. The NAIP will therefore, support well-coordinated investments at the boundaries between agriculture and other sectors, where this is necessary to achieve its objectives.

National Fisheries and Aquaculture Policy 2016 65. The main objective of this Policy is to sustainably increase fisheries and aquaculture productivity for accessible nutritious food and increased contribution to economic growth. The specific objectives of the Policy within a five-year term (2016-2021) are as follows:  To increase annual fish production from capture fisheries from 90,000 tonnes to 110,000 tonnes;  To increase small and large scale aquaculture production from 3,600 tonnes to 10,000 tonnes;  To strengthen participatory fisheries management regimes;  To reduce fish post-harvest losses from 40 to 20 per cent;  To increase annual fish exports from 500 tonnes to 3,000 tonnes;

 To increase per capita fish consumption from 8.12kg to 10kg;  To improve decent employment in fishing communities for youth, women and men and to reduce the number of child labourers;  To promote applied research in fisheries and aquaculture and monitor the impact of pollution and environmental changes including climate change; and  To develop capacity of the Government and local management institutions to serve the industry.

Malawi Growth and Development Strategy – 2017 -2022

66. The strategy identifies five Key Priority Areas (KPAs) which are Agriculture, Water Development and Climate Change Management; Education and Skills Development; Transport and ICT infrastructure; Energy, Industrial and Tourism Development and Health and Population. Through these KPAs, the strategy has maintained a balance between economic, social and environmental considerations.

67. Cross-cutting areas have been mainstreamed into the KPAs and these include gender balance; youth development; empowerment of persons with disabilities; management of HIV and AIDS and nutrition; environmental management; disaster risk reduction and resilience building; peace, security and good governance. By integrating these, the strategy ensures that no one is left behind as the country implements this medium-term development between 2017 - 2022.

National Action Plan on Persons with Albinism – 2018 – 2020

68. The action plan provides a comprehensive blueprint for ending violence against persons with albinism and ensuring that they equally enjoy their rights.

69. Malawi has registered cases of attacks against persons with albinism over the past four years. There has been a steady increase in gross human rights violations of persons with albinism in form of abduction, killings and exhumation of their remains for body parts. The Constitution explicitly guarantees the protection of persons with disabilities

including those with albinism. The Plan puts in motion strong measures designed to put an end to these attacks which have become a scar on our collective conscious.

Handbook for Investigators, Prosecutors and Magistrates concerning offences against Person with albinism 70. This handbook has been launched with the aim of strengthening the legal response to crimes against person with albinism.

71. The handbook has put together in a simplified form all offences likely to be committed against persons with albinism. The relevant provisions are from the Penal Code, the Anatomy Act, the Child Care, Protection and Justice Act, the Trafficking in Persons Act and the Witchcraft Act. All these laws build on the constitutional provisions on equality and nondiscrimination as well as fair trial rights.

National Disability Mainstreaming Strategy and Implementation Plan 2018 – 2023 72. The strategy has outlined key areas to mainstream disability in line with other national and international policies and strategies of which the key areas are health, education, means of livelihood, employment and means of social inclusion. As a development strategy it also provides for measures for mainstreaming disability in other critical cross- cutting issues as HIV and AIDS, gender and research. Implementation of the strategy will contribute to the realization of the principal on non-discrimination as provided for in the Constitution, the Disability Act, the Charter and the Protocol.

National Peace Policy 2017

74. This policy basically seeks to highlight on mechanisms which can integrate the country’s peace building initiative among different stakeholders such as Government, traditional leaders, civil society, women, youth, media and global unification with other countries. It clearly specifies the institutional arrangements within which peace building initiatives will be coordinated and collaborated among all stakeholders.

75. Recent trends have unveiled a wide range of threats to the sustenance of peace and unity emanating from political transitions, civil liberties and political rights. This policy was therefore formulated with various stakeholders who included traditional leaders, political leaders, government officials from the executive, judiciary, legislature, private sector, the

academia, media, women, the youth, civil society organizations and people with special needs in an effort to ensure the policy reflects the views and aspirants of Malawians.

76. The policy establishes the Malawi Peace Commission (MPC) as the highest umbrella body and focal point of peace building and conflict prevention management, resolution and transformation in Malawi. The MPC is mandated to establish District Peace Committees (DPC) which shall sustain peace and unity within the district and facilitate spaces for dialogue between groups and communities.

77. This shows Malawi’s commitment to non-violent means of resolving conflicts in order to comply with provision 13(l) of the Constitution as one of the principles of national policy, which states that the state shall strive to adopt ‘mechanisms by which differences are settled through negotiation, good offices, mediation, conciliation and arbitration’.

Accelerating Inclusive Local Governance and Participatory Democracy for Effective Social Economic Development 2017 to 2023

78. This provides for measures for mainstreaming disability in other critical cross-cutting issues as HIV and AIDS, gender and research. Implementation of the strategy will contribute to the realization of the principle on non-discrimination as provided for in section 13a(ii) of the Constitution which highlights the implementation of the principle of non-discrimination and such other measures as may be required and extends to section 20 of the same Constitution which provides that discrimination of persons in any form is prohibited and all persons are, under any law, guaranteed equal and effective protection against discrimination on grounds of race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, disability, property, birth or other status or condition.

National Action Plan on Trafficking in Persons – 2017 – 2022

82. This action plan lays out priority action to combat trafficking in persons at all angles from women, children and men highlighting on approaches to be taken for each. Priority actions include prevention and awareness raising, victim protection and assistance,

legislative framework, policy development and law enforcement and cooperation and coordination.

83. The action plan has been drafted in line with section 27 of the Constitution of Malawi which stipulates that;

 No person shall be held in slavery or servitude.

 Slavery and the slave trade are prohibited

 No person shall be subject to forced labour, and

 No person shall be subject to tied labour that amounts to servitude

National Multi Sector Nutrition Policy 2018-2022 84. The National Multi-Sector Nutrition Policy (NMNP) 2018–2022 is intended to provide a guiding framework for the successful implementation of the national nutrition response; address the existing and emerging national and global issues; and consequently, uphold the Government’s commitment towards eliminating all forms of malnutrition. The Policy shall be operationalized through the National Nutrition Strategic Plan 2018–2022.

85. Additional supporting operational strategies and guidelines shall be developed to further translate the aspiration into tangible actions. These shall include the following strategies and guidelines: National Nutrition Education and Communication; Infant and Young Child Feeding (IYCF); Micronutrient; Adolescent Nutrition; School Health and Nutrition; Early Childhood Development; Community-based Management of Acute Malnutrition (CMAM); Nutrition Care Support and Treatment (NCST); and prevention and treatment of nutrition-related Non-Communicable Diseases (NCDs).

86. The Policy has identified eight priority areas which include:  Prevention of under nutrition;  Gender equality, equity, protection, participation and empowerment for improved nutrition;  Treatment and control of acute malnutrition;

 Prevention and management of overweight and nutrition-related NCDs;  Nutrition education, social mobilisation, and positive behaviour change;  Nutrition during emergency situations;  Creating an enabling environment for nutrition; and  Nutrition monitoring, evaluation, research and surveillance.

The Policy also contains an implementation plan, monitoring and evaluation framework

Health Sector Strategic Plan II – 2017-2022

87. The HSSP II aims to further improve health outcomes through the provision of a revised essential health package (EHP) and health systems strengthening for efficient delivery of the EHP. Specifically, the HSSP II sets eight strategic objectives for Malawi’s health sector – each with strategies and targets to implement by 2022:

 Health Service Delivery:

Increase equitable access to and improve quality of health care services. Objective 1 builds on the successes of the Essential Health Package (EHP), which has outlined the health care interventions available to all Malawians, free at the point of access, since 2004. The aim is to achieve universal free access to a quality revised Essential Health Package (EHP), irrespective of ability-to-pay, to all Malawians.

 Socio-Economic Determinants:

Reduce environmental and social risk factors that have a direct impact on health. Objective 2 focuses on strategies that address the environmental and social risk factors that impact on health care requirements and health outcomes. Specifically, the objective focuses on behaviours and life styles, water and sanitation, food and nutrition services, housing, living and working conditions. This objective will be largely implemented at the community level.

 Infrastructure & Medical Equipment:

Improve the availability and quality of health infrastructure and medical equipment. Objective 3 attempts to ensure existing health facilities are of sufficient quality and properly equipped to address their specified health care requirements and to increase the proportion of the population of Malawi living within 8km of a health facility.

 Human Resources:

Improve availability, retention, performance and motivation of human resources for health for effective, efficient and equitable health service delivery. Objective 4 focuses on improving the absorption and retention rate of health workers in the public health sector while also achieving an equitable distribution.

 Medicines & Medical Supplies:

Improve the availability, quality and utilization of medicines and medical supplies. Objective 5 focuses on improving the efficiency of the supply chain for medicines and medical supplies to ensure the availability of the EHP.

 Health Information Systems:

Generate quality information and make it accessible to all intended users for evidence-based decision-making, through standardized and harmonized tools across all programmes. Objective 6 focuses on improving and harmonizing data collection and management at all levels of the health system, through improving ICT capacity, data protocols and linkages between levels.

 Governance:

Improve leadership and governance across the health sector and at all levels of the health care system. Objective 7 focuses on improving communication and strengthening Health Sector Strategic Plan II coordination in the health sector particularly with the goal of reducing duplication and fragmentation in the health sector.

 Health Financing:

Increase health sector financial resources and improve efficiency in resource allocation and utilization. Objective 8 focuses on attempts to increase the sustainable finances available to the health sector through both revenue raising and efficiency savings.

National Health Policy 2018 - 2030 88. The National Health Policy provides policy direction on key issues that are central to the development and functioning of the health system in Malawi. The Policy has been developed in line with the Constitution, which stipulates that the State is obliged “to provide adequate health care, commensurate with the health needs of Malawian society and international standards of health care”. In this respect, the Constitution guarantees all Malawians the highest quality healthcare services within the limited resources available.

89. The Policy has also been developed in line with the Malawi Growth and Development Strategy III (MGDS), an overarching development plan for Malawi that recognizes that a healthy and educated population is essential if Malawi is to achieve sustainable socio- economic growth. The Policy is also aligned to Sustainable Development Goals (SDGs). The Policy outlines a coordinated approach to be employed by the Government to achieve the health sector goals, which are: to improve the health status of all Malawians; to ensure that the population is satisfied with the health services that they receive; and to ensure that the population does not suffer avoidable financial and social risks in the process of accessing health care at any level of the health care delivery system.

90. The National Health Policy will be implemented through the following priority areas: Health Service Delivery; Preventive Health and Social Determinants for Health; Leadership and Governance; Health Financing; Human Resources for Health; Medicines, Medical Supplies, Medical Equipment and Infrastructure; Population Management; and Health Information and Research. The Policy will be implemented between 2018 and 2030 to align it with the SDGs implementation period and will be reviewed after every five years.

National Strategy for Adolescent Girls and Young Women 2018-2022 91. The aim of the strategy is to ensure that AGYW in Malawi are safe and protected from all forms of violence and discrimination. AGYW should be empowered to demand sexual reproductive health rights, and make their own informed choices. They should have access to quality education and should be protected from child marriages.

National Strategy on ending child marriages 2018 - 2022

92. This Strategy underlines the commitment of the Government and its partners to redouble their efforts towards having a Malawi free of child marriages. This Strategy provides a situation analysis and extent of the problem of child marriages in Malawi, its driving factors and consequences.

93. The Strategy incorporates regional and international standards as provided in various human rights instruments such as the United Nation's Convention on the Rights of the Child, the African Charter on the Rights and Welfare of the Child. Malawi amended her Constitution in 2017 and raised the age of the child from 16 to 18. The Marriage, Divorce and Family Relations Act provides for 18 as the age of marriage. The law in Malawi therefore prohibits child marriages. The implementation of this law, however, remains a challenge.

94. Malawi is therefore committed to support girls in avoiding child marriage, delaying child bearing and instead encouraging them to remain and continue with their education.

95. This Strategic Plan intends to provide leadership, guidance and oversight in national efforts of ending child marriages. The Plan is tackling the key drivers of child marriage by seeking to improve girls’ economic standing through increased economic opportunities, and initiating incentive-based programs to support girls to enroll for school, reduce the dropout rate and keep them in school through to secondary level.

96. The Plan also seeks to effectively enforce laws that were developed to protect children from child marriages. Furthermore, this Strategy aims at harmonizing and popularizing the different pieces of legislation and building the capacity of law enforcement agencies to fast track their enforcement. The Strategy is encouraging community engagement in a

dialogue about child marriages, in order to change attitudes and social norms and raise their awareness about the dangers of child marriages. It also focuses on accessibility of safe, comprehensive, age-appropriate sexual and reproductive health information and services to all young girls in Malawi. This includes those who are already married at a young age, by providing adequate and accessible healthcare, psychosocial support and, if necessary, a way out of the marriage.

National Policy for Older Persons 2016

91. The National Policy for Older Persons has been developed to provide a coherent and comprehensive overall framework for facilitating and promoting the social, economic and cultural integration of older persons. This is achieved by harnessing their proven productive capacities so that the nation continues to benefit from their contribution.

92. The development of the Policy follows reviews and surveys on the situation of older persons in Malawi which revealed that:

 older persons have difficulties in accessing services and support such as healthcare, loans, nutritious food, public and private buildings, transport, information and communication systems;

 older persons have been excluded and marginalized, and prevented from participating fully in development activities on the basis of their age;

 The advent of HIV and AIDS has compounded the situation of older persons by leaving orphans and denying them the support from their deceased children;

 older persons are often abused physically and verbally due to a number of reasons including suspected witchcraft and other superstitious beliefs;

 older persons are also disadvantaged in terms of land and property ownership; business ventures; and employment avenues resulting in the majority of them living in abject poverty with no access to resources and income;

 the majority of older persons are poor and have to work for their living, declining physical strength means declining income and, therefore, a declining quality of life; and

93. The absence of a formal policy framework made it difficult to address the problems facing older persons in a coordinated and integrated manner hence, the development of the National Policy for Older Persons. The purpose of the Policy is, therefore, to improve the quality of life of older persons and issue a new lease of life and bring hope to them by:

 Promoting inclusion and increased access by older persons to socio-economic services;  Promoting and safeguarding the rights of older persons to human development priorities such as health, education, income, water and sanitation;  Harnessing their proven capacity for productivity, independence and active involvement in the development of their communities; and  Recognizing and respecting the benefits of older persons such as the wealth of skill and experience that older persons bring to the workplace, public life, the community and family.

94. The objectives of the Policy are as follows:  To recognise, protect and promote the rights and independence of older persons;  To increase access to health, water and sanitation services, in order to promote active ageing practices among older persons;

 To promote food security and nutrition among older persons’ households;

 To develop and implement programmes that eradicate poverty amongst older persons and their families;

 To increase access to safe, durable and affordable shelter by older persons;

 To promote research, education and training on ageing issues;

 To promote intergenerational transfer of cultural knowledge and positive skills by older persons;

 To promote the role of communities and families in care and support of its older members;

 To provide welfare support, improve retirement schemes, and design and implement other appropriate social support systems for older persons;

 To provide for the special needs of older persons in conflict and disaster management situations; and  To provide a comprehensive holistic framework to guide public and private sector organizations working with the aged for addressing the needs and rights of older persons.

95. The Government believes that it is important to protect and promote the rights of older persons as well as improving the quality of their lives in general.

National Strategy on Inclusive Education 2016 to 2020

96. The policy and practice of inclusive education is high on the agenda of Government. There are a number of initiatives that the Ministry of Education Science and Technology and other key players have put in place to facilitate the development of inclusive education. These initiatives include: CFS programme, inclusive education projects, School Health and Nutrition, Keeping Girls in School, community participation through Primary School Improvement Programme (PSIP), Complementary Basic Education

(CBE), Early Grade Reading, ECD programmes, Cash Transfers and Secondary School Bursary, among others.

97. These initiatives lay a foundation for the development and implementation of inclusive education in the country. Despite these significant initiatives, there are fundamental challenges affecting successful implementation of inclusive education in Malawi. The challenges range from conceptualization of inclusive education, management, resource mobilization, capacity development and implementation. A few studies conducted on inclusive education in Malawi have shown that there is limited knowledge around the meaning of inclusive education at different levels. Mostly, the concept of inclusive education is often linked with children with disabilities in mainstream schools.

98. However, the concept of inclusive education has a broader meaning and does not only refer to a single group of learners in an education system. In essence, National Strategy on Inclusive Education is concerned with all those who are usually excluded from and within the education system. This National Strategy adopts the UNESCO’s broadened definition of inclusive education to address the barriers to equal access to quality education in Malawi. It defines inclusive education as a process of addressing and responding to the diverse needs of all learners through increasing participation in learning and reducing exclusion within and from education system. It involves changes and modifications in content, approaches, structures, policies and strategies. In keeping with this conceptualization, the National Strategy outlines the priority areas of action and explores factors that inhibit presence, participation and learning in the education system and suggests ways of addressing them.

99. The following are the objectives of the National Inclusive Education Strategy:

 Transformation of the education system in alignment with inclusive education policies and practices.

 Capacity development for inclusive education.

 Creation of an enabling environment for inclusive education.

 Inclusive teaching and learning in schools.

 Early identification, assessment and intervention.

 Community participation in management and governance of inclusive education.

100. Ministry of Education Science and Technology set up a coordination unit to coordinate the planning, implementation, monitoring, evaluation and regulation of inclusive education in Malawi. The Unit will work with education officers from the directorates of planning, basic, secondary, higher education; inspection and advisory, special needs education, science and technology, school health and nutrition. The Unit will provide technical advice and the national progress on the implementation of inclusive education in Malawi. It will be responsible for building the capacity of MoEST directorates, divisions and district education management on inclusive education management and financing. In addition, the Unit will conduct regular supervision in collaboration with the directorates concerned to ensure that the education system shifts towards inclusion smoothly.

National Public Sector Reforms Policy 2018 to 2022 101 The overall purpose of this policy is to provide strategic direction for the effective design, implementation and management of public sector reforms that will create a capable, efficient and effective public sector and stimulate and promote sustainable socio- economic development as encapsulated in the current national development strategy.

102 Good performance of the public service is crucial for enhancing public trust in Government since the public service is the vehicle through which Government delivers public goods, services and development to the people.

103 The policy was drafted in line with Chapter III of the Constitution of Malawi which highlights on fundamental principles of National Policy that obligate Government to introduce measures which will guarantee accountability, transparency, personal integrity and financial probity.

104 This obligation includes long term investment in health, education, economy and social development of the people of Malawi by progressively adopting appropriate sector policies and legislation, as well as lawful and procedural fair administrative systems and

actions in order to comply with the Malawi Growth and Development Strategy III of 2017.

105 The MGDS III has a number of key assumptions that are crucial for its successful implementation which have implications for the public sector reform agenda which includes improved Public Sector Governance as highlighted above.

106 The Policy is informed by legislation and policy such as the Public Service Act, the Local Government Act and the Decentralization Policy of 1998.

Public Service Management Policy 2018 to 2022

107 The Public Service Management Policy was drafted with the aim of addressing performance challenges in the public service as well as repositioning the public service so that it can be a useful vehicle for the realization of the MGDS III outcome to achieve adequate development by the year 2020.

108 Its goals are to provide a framework for the effective management of the public service so that it becomes a result-oriented and high performing public service by 2022 that facilitates positive transformation of the economy and the modernization of the country.

109 This is also in line with Chapter III of the Constitution of Malawi which provides for fundamental principles of National Policy which involves public trust and good governance guarantying measures of accountability, transparency, personal integrity and financial probity aimed at strengthening confidence in public institutions.

110 The Malawi National Public Sector Reform Policy 2018-2022 and the Public Service Management Policy 2018 - 2022 complement each other. Some of the priority areas include creating a shared understanding of the vision and responsibilities of the public service, Alignment of the Public Service to the National Development Agenda and service delivery imperatives, development of an enabling institutional policy and legislative framework for public service management, institutionalization of the public service guiding principles and establishing values ethos among all public servants in all public service institutions.

111 Consequently, the policy is guided by the Constitution, The Local Government Act 1998, the Gender Equality Act and the Labour Relations Act and the National Gender Policy.

IMPLEMENTATION OF THE 2015 CONCLUDING OBSERVATIONS AND ARTICLES OF THE CHARTER

112 We now present to the Commission, an update on the 2015 Concluding Observations and Recommendations, and the progress made on implementation of the Articles of the Charter.

Article 1-Ratification and Domestication of International Instruments 113 Malawi is a dualistic system in so far as applicability of international human rights instruments is concerned. Any international agreement ratified by Malawi only forms part of the law of the Republic if so provided by an Act of Parliament. This therefore entails that once an international treaty has been ratified and Malawi seeks to incorporate the same into domestic law, the incorporation will be done through either transformation of the international agreement into national legislation, or by having an Act of Parliament with a clause or clauses domesticating the treaty. Examples of laws that have domesticated international instruments during the reporting period are provided above and include: Trafficking in Persons Act 2015, the Marriage Divorce and Family Relations Act 2015, Access to Information Act 2016, the HIV/AIDS (Prevention and Management) Act, and the Constitutional Amendment Act of 2017 which raised the age of child from 16 to 18.

114 Since submitting its initial report, Malawi has acceded to the Protocol to the African Charter on the Values and Principles of Public Service and Administration in 2014, and the International Convention for the Protection of all Persons from Enforced Disappearance in 2017. Although the Protocol has not been domesticated, Malawi has a Public Service Charter (MPSC) which was adopted as a framework to introduce service charters in all public institutions and guide those institutions in taking such legislative, regulatory, technical and practical measures as may be required to create effective conditions for the proper functioning of the public service and to ensure that public services are available, accessible and acceptable. The MPSC is founded on the principles of equality of treatment, neutrality, legality and continuity. This coupled with the code of

conduct and ethics for the Malawi Public Service goes a long way in fulfilling the obligations placed on the public service by the Constitution of Malawi and the Malawi Public Service Act. Malawi has also adopted a Public Service Management Policy 2018 to 2022 and a Public Sector Reforms Policy 2018-2022.

115 Malawi is yet to ratify the Protocol to the OAU Convention on Prevention and Combating Terrorism. However, the Financial Crimes Act which repealed the Money Laundering, Proceeds of Serious Crime and Terrorist Act of 2006 partially addresses the issue of terrorism. The Act introduces enhanced penalties for the offence of terrorism financing, and financing proliferation of weapons of mass destruction. This is in line with Article 3 of the Protocol which enjoins states to identify, detect, confiscate and freeze or seize any funds and any other assets used or allocated for the purpose of committing a terrorist act.

Article 4 - The Right to Life and the Integrity of the Person 116. The right to life is guaranteed under Section 16 (1) of the Constitution. Regarding the death penalty, since the adoption of the new Constitution in 1994, Malawi has never carried out any execution. As such, death sentences are automatically committed to life imprisonment. The 2011 amendment to the Penal Code removed the mandatory imposition of the death penalty in cases of murder and treason. The amendment reconciled the Code with the 2007 Malawi High Court Kafantayeni decision which struck down the mandatory death penalty as unconstitutional, bringing judicial discretion into sentencing. In 2016 only one person was sentenced to death and by 2017 there were 28 persons on death row. The Supreme Court decision of Mclemonce Yasin MSCA Criminal Appeal No. 29 of 2005 ruled that all those who were previously sentenced to death penalty were entitled to resentencing.

117 Statistics on persons who have died in Police custody are difficult to come by. For persons who have died while in prison the table below gives the statistics.

Table 1: Death of Prisoners from January 2014 to September, 2018: - Source: Malawi Prison Service

Police Station Number of Deaths

Blantyre 48 Chitipa 3 Chikhwawa 6 Dedza 1 Karonga 3 Kasungu 11 Kachere 5 Mangochi 6 Lilongwe 98 Mzimba 21 Mzuzu 36 Mwanza 4 Mulanje 19 Nkhatabay 2 Nkhotakota 19 Ntcheu 26 Rumphi 3 Thyolo 12 Zomba Central 91

Article 5 - Prohibition of Torture and Cruel, Inhuman and Degrading Treatment 118. Torture is prohibited by the Constitution of Malawi. However, there is no standalone legislation or provision that criminalizes torture. The Criminal Procedure and Evidence Code also prohibit obtaining evidence through torture. The Malawi Human Rights Commission is currently holding public inquiry on the prohibition of corporal punishment against children in public schools. Corporal punishment is considered inhuman and degrading treatment. Cases of alleged torture, cruel, inhuman and degrading treatment however still exist, particularly against law enforcement agencies.

119 In order to address this challenge, the Human Rights Section in the Ministry of Justice and Constitutional Affairs in collaboration with the Malawi Prisons Service and Malawi Human Rights Commission is in the process of establishing a complaints handling mechanism in selected prisons in Malawi. This system will ensure that cases of torture

are effectively reported to institutions such as Prison Inspectorate, and MHRC for effective remedies.

120 There have been allegations of torture of prisoners. In 2014 there were two allegations of torture one at Rumphi Prison and another one at Thyolo Prison. The Rumphi matter was referred to police for criminal prosecution while the Thyolo case, a disciplinary inquiry was conducted which led to the fining of the rank through loss of pay. In 2017 at Kasungu prison, a prisoner was beaten to death by a prison warder. The suspected prison warder is now on remand awaiting criminal prosecution.

121 On its part, the Malawi Police Service has the following statistics on cases of torture, excessive use of force and the implementation of the 20th July Commission of Inquiry recommendations.

(i) One officer was prosecuted and convicted for murder (ii) Three officers are still being prosecuted (iii) In a case of shooting dead a truck driver carrying charcoal one officer was prosecuted and convicted of manslaughter and his two colleagues were acquitted by the High Court. (iv) Presently there are no statistics on person who have died in police custody.

122 The Police Act of 2010 (Cap. 13:01) of the Laws of Malawi provides for the establishment of the Independent Police Complaints Commission (IPCC) which is yet to be operationalized. The IPCC’s mandate includes investigating any misconduct or offence allegedly committed by the Police; investigating any death or injury in police custody or as a result of police action; and investigating any complaints against police officers or against the Police Service. It is envisaged that such a body will have more impact due to a structured legal and independent system of handling cases dealing with the police. Currently, the Malawi Police Service has a Professional Standards Unit which handles inquiries into serious acts of police misconduct where officers can be prosecuted or face disciplinary actions, including dismissal. The Police Act also provides for a Lay Visitors Scheme under sections 124 to 126. The objective of the Scheme is to enable

members of the community to assess and report on the conditions of detention in police stations. In 2017 and 2018, the Human Rights Section in the Ministry of Justice and Constitutional Affairs and the Police Service conducted training sessions for members of Lay Visitors Schemes in all the regions of the country.

Article 6 and 7 - Access to Justice, Right to Liberty and Security of Persons, Fair Trial Rights, and conditions of detention 123 Steps have been taken to enhance the capacity of the Legal Aid Bureau to provide free legal services. To increase access to justice, the Legal Aid Bureau set up a Legal Aid Fund pursuant to Section 39 of the Legal Aid Act. In early 2018, a Legal Aid Bureau Office was set up in Zomba to ensure access to legal representation for people in the country’s Eastern region. Plans are under way to open five (5) more district offices in different regions of the country in the 2019 -2020 financial year. In the 2020 – 2021 financial year, the Bureau is expected to open 8 more district offices.

124 The Bureau adopted the 2016-2020 Strategic Plan that is aligned to the Democratic Governance Sector Strategy, and overall National Strategy in order to set out its objectives during this period and how they will be achieved. This will improve the efficiency of the Bureau. During the 2015 to 2016 fiscal year the Bureau handled 4663 criminal cases and 6039 civil cases. The Bureau also managed to provide legal aid clinics to 25 prisons across the country. As at May 2018, the Bureau had 13 lawyers and 19 paralegals.

125 The Prisons Act has been reviewed by the Malawi Law Commission. The Commission has submitted a comprehensive report and a proposed bill to the Ministry of Justice and Constitutional Affairs. This will be followed by consideration by Cabinet before tabling of the bill in Parliament.

126 The Government is fully aware of the Gable Masangano v Attorney General judgment on improving prison conditions. The Human Rights Section in the Ministry of Justice and Constitutional Affairs in collaboration with the Malawi Human Rights Commission and the Malawi Prison Service intend to carry out an assessment of the impact of the Masangano judgment and the extent to which it was complied with. There are plans to construct a maximum security prison at Chitedze in Central Malawi. Once completed, the

prison would be able to accommodate as much as 40, 000 inmates, a development which would help reduce the excess prisoner population in all the country’s 28 prison facilities.

127 To further curb the problem of overcrowding, camp courts have been conducted. This is an arrangement where courts sit in prisons as a way of quickly delivering justice to those who have overstayed in prisons or for those who are ill. The 2016 Judiciary Progress Report indicates that 28 camp courts were held across the country with 397 inmates earmarked and first screened for eligibility for the camp courts. From the 397 that appeared before the presiding magistrates, 236 were released from prison either through bail, acquittal, and discharge or ordered to perform community services. The camp courts are directly reducing congestion in Malawi prisons. The Table below represents a summary on Camp Court Statistics as read from the report.

Table 2: Camp Courts Statistics in 2016 - Source: Malawi Judiciary TOTALS

REGION and No. of camp Central 10 South 5 East 8 North 28 Courts sessions sessions Sessions 5 sessions

DESCRIPTION Number of cases

Total Screened 90 117 111 91 409

Appearance at Camp courts 90 117 111 91 409

Unconditional Releases 0 0 0 0 0

Granted bail 29 40 33 60 162

Discharged 5 3 1 10 19

Remand warrants extended 30 65 51 13 159

Ordered to pay a fine 3 1 6 1 11

Convicted to Community 7 0 4 0 11

Service

Sentenced to other options 4 0 0 2 6

Acquittals 0 0 1 1 2

Withdrawals 4 0 0 0 4

Deportation 0 0 0 0 0

Imprisonment 8 8 3 3 22

Totals 90 117 99 91 397

125 Even though the camp courts are being held, the population of inmates is still on the rise. In 2017, the total number of prisoners was 14, 018 against a total number of 30 established institutions which has a combined official capacity of 7 000. The Prison population as at September 2018 is presented in the Table below:

Table 3: Prison Population versus design capacity: Source: Malawi Prison Service STATION CONVICTED PRE-TRIAL TOTAL INITIAL NEW EXCESS & SEX DETAINEES DESIGN CELL BODIES & SEX CAPACITY M F M F Chitipa 182 2 25 1 210 60 0 Karonga 55 0 0 0 55 20 0 35 Rumphi 135 1 31 0 177 80 0 97 Mzuzu 695 0 122 0 817 90 Mzimba 269 3 125 3 500 400 0 100 Nkhatabay 183 0 33 1 217 80 0 137 Nkhotakota 290 0 70 0 368 120 0 248 Kasungu 334 2 93 4 407 240 0 167 Ntchisi 286 0 41 0 327 60 2 (30) 207 Lilongwe 2056 39 582 26 2708 480 4 (200) 1428

Dedza 182 7 108 8 305 120 2 (40) 105 Ntcheu 144 0 58 0 202 80 2 (40) 42 Mangochi 150 0 69 0 219 90 0 129 Domasi 304 0 30 0 334 240 0 94 Mpyupyu 243 0 0 0 243 200 0 43 Mikuyu 1 337 0 0 0 337 240 0 97 Zomba 1887 0 184 0 2071 756 0 1315 Central Blantyre 1295 20 480 22 1819 570 0 1249 Mwanza 178 0 23 0 201 160 2 (30) -19 Luwani 57 0 0 0 57 60 0 -3 Thyolo 88 0 70 0 158 90 0 68 Makande 244 0 0 0 244 120 0 124 Mulanje 324 9 23 2 425 240 0 185 Chikhwawa 424 4 60 2 510 240 0 270 Bangula 16 0 0 0 16 12 0 4 Nsanje 116 1 24 3 144 120 0 24 BzyanziYorc 117 0 0 0 117 30 2 (30) 8727 KachereYorc 140 0 27 0 167 54 0 113 MikuyuYorc 198 0 18 0 216 210 0 6 BvumbweYo 221 0 9 0 230 90 2 60 rc Total 11150 88 2305 72 13801 16 Cells Accom modatin g Extra 560 (Note: YORC Stands for Young Offenders Rehabilitation Centre)

126 The Table below shows other measures taken to reduce overcrowding in prisons:

Table 4A: Measures Employed to Address Overcrowding in Prisons – Source: Malawi Prison service Activity No. of prisoners released Prisoners Records Review for early release 333 Facilitating holding of Camp Courts 142 Prison monitoring and inspection by the Inspectorate of Prisons 760 Support the confirmation exercise by the Courts 47 Releasing people from prison and committing the same to 24 Chance for Change as an attendance centre order TOTAL 1306

Table 4B: Presidential Pardons – Source: Malawi Prison Service 2015 Easter Republic Holiday Christmas 2015 Normal Pardon 268 230 Chronically and 10 Terminally Ill Prisoners

2016 Normal Pardon 209 224 282 Chronically and 19 Terminally Ill Prisoners

2017 Normal Pardon 234 297 279 Chronically and 14 09

Terminally Ill Prisoners Female prisoners 56 Elderly 16

2018 Normal Pardon 234 172 279 Chronically and 03 Terminally Ill Prisoners TOTAL 737 2240 1584

Article 9 - Freedom of Expression and Access to Information 127 Pursuant to Section 37 of the Constitution, the Access to Information Bill was passed in December 2016 and assented to in February 2017. The Malawi Human Rights Commission has so far oriented the various information holders, media, civil society, traditional leaders, directors and heads of departments in the civil service as well as training of information officers and orientation of District Commissioners. Additionally, there will be awareness programs on radio and TV as well as at community level and there will be a mapping of all information holders so that there is a comprehensive database. Once this is properly done, the Act will be implemented with the gazetting of a commencement date.

128 As of 2016, the Malawi Communication Regulatory Authority (MACRA) has granted operating licenses to 14 private radio stations, 21 private television stations, and 41 private community radio stations. The complete list of all radio and television stations is attached hereto as Annex 3.

129 Malawi has taken note of the Commission’s Guidelines on Access to Information and Elections in Africa. The guidelines were disseminated to all key stakeholders ahead of the May 21 general elections and thoroughly discussed at the quarterly meeting of the National Task Force on the Charter.

Article 10 and 11 - Freedom of Association and Assembly 130 The Constitution of Malawi and the Police Act guarantee freedom of assembly and people’s right to demonstrate. The Police Act provides for procedures to be followed by organizers, people demonstrating and various law enforcement agencies in the course of demonstrations.

131 The year 2017 and 2018 saw a number of demonstrations held by civil society organisations. None of these demonstrations were characterized by violence or threats. The Malawi Police played its role protecting citizens and human rights defenders. Occasionally organizers of demonstrations have complained that the demonstrations are restricted to specific places. This is done so as to avoid the recurrence of the July 2011 demonstrations which left lives lost and property damaged. There have been a few incidents of arrests during or after demonstrations. However, the arrested persons have normally been released within a short period. We would like to reiterate that Malawi is committed to ensure that our citizens are free to express themselves, through peaceful assemblies and demonstrations. At the same time the Government has the responsibility to ensure that violent and lawless demonstrations are appropriately dealt with.

132 Malawi takes note of the Commission’s Guidelines on Freedom of Association and Assembly. The Guidelines are a useful tool and have been disseminated to all key stakeholders.

133 There is no specific legal framework for the protection of human rights defenders in Malawi. The understanding is that the present Constitutional and legislative framework adequately protects all Malawians, including human rights defenders. We however reiterate the Government’s commitment to ensure that human rights defenders are fully protected and work in a conducive environment.

Article 12 – Right to Movement, Rights for Refugees and Asylum Seekers 134 The law under Section 10 of the Refugee Act confirms the principle of non- refoulement. In addition, the Government of Malawi, through the Refugee Department within the Ministry of Home Affairs and Internal Security; ensures that asylum seekers have access to Refugee Status Determination procedures from the point of entry. Persons who claim asylum at the border are screened and then cleared by an immigration officer before they

are moved to the transit centre where they submit their asylum applications. The Department conducts quarterly training workshops for border officials and the principle of non-refoulement is emphasised.

135 In 2017, UNHCR in conjunction with the Government conducted training workshops in border districts of Mwanza, Karonga and Chitipa where 106 officials were trained; of which 43 were immigration officers and 31 police officers. The other 32 officers were drawn from the District Councils, the District Social Welfare Offices, the District Health Offices and the Refugees Department.

136 The Department also carries out border monitoring exercises to ensure that no persons of concern are being denied entry and that the human rights of the asylum seekers are protected. There have not been any cases of refoulement of asylum seekers/refugees in Malawi.

137 Since 1998, Malawi has received 36,852 asylum applications of which 12, 240 have been recognized as refugees, 1080 are finally rejected applicants and 7, 466 applications are being considered by the Refugee Committee. 20,014 are yet to be interviewed. All decisions are communicated to the applicants in writing. If an asylum seeker is not satisfied with the decision made by the Committee, the decision can be appealed to the Minister within 14 days of receipt of the decision. To reduce the backlog of asylum applications, the Department has employed an Accelerated Procedure to deal with Congolese and Burundian cases, considering the current humanitarian situation in both countries. The Department has also recruited an additional reviewer to review cases pending review. The Table below shows the number of refugees segregated by sex, age and country.

Table 5: Refugee Population Registered as at May 2018, (Refugee Determination Unit Statistics)

Population WITH New Depa Death Age Group

Nationality As At STATUS Arrivals Rtures New 12 17 18 59 0 4 5 11 60 + Total 19-May-18 Phototaken Babies Fms Indiv FMS Indiv Fms Indiv Fms Indiv Fms Indiv Fms Indiv M F M F M F M F M F Somali 41 104 14 39 0 0 0 0 0 0 0 0 11 17 8 2 5 6 27 25 1 2 104 Congolese 5,289 21,435 1,661 4,814 28 90 0 0 0 15 0 4 2,770 2,668 2,221 2,126 1,672 1,362 4,947 3,542 32 95 21,435 Burundise 2,326 8,322 327 680 8 22 0 0 0 3 0 0 1,002 991 831 786 584 507 2,120 1,411 33 57 8,322 Rwandese 1,784 6,445 344 586 5 9 0 0 0 3 0 0 583 603 622 625 449 517 1,580 1,350 60 56 6,445 Uganda 4 8 0 0 0 0 0 0 0 0 0 0 0 1 1 0 1 0 4 1 0 0 8 Sudanese 4 7 0 0 0 0 0 0 0 0 0 0 0 1 1 0 0 0 3 2 0 0 7 Ethiopian 36 42 5 5 0 0 0 0 0 0 0 0 3 3 0 0 0 0 33 3 0 0 42 Eretria 2 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 0 0 0 2 Bel 1 4 0 0 0 0 0 0 0 0 0 0 0 1 0 1 0 0 2 0 0 0 4 Kenyans 2 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 0 0 0 2 Zimbabwe 3 8 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 2 5 0 0 8 Zambians 2 6 0 0 0 0 0 0 0 0 0 0 0 0 0 1 1 0 1 3 0 0 6 Ivorian 1 3 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 1 1 0 0 3 Brazil 1 2 1 2 0 0 0 0 0 0 0 0 0 0 0 1 0 0 1 0 0 0 2 Tanzania 1 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 1 Angola 0 0 1 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTAL 9,497 36,391 2,353 6,127 41 121 0 0 0 21 0 4 4,370 4,286 3,684 3,542 2,712 2,392 8,725 6,344 126 210 36,391

Table 6: Number of asylum seekers not registered as at May, 2018 – Source: Refugee Determination Unit

Population New New New NBB Age Group As At Arrivals Arrivals Babies for for the Photo Nationality 19-May-18 Month captured Phototaken Month Death 0 4 5 11 12 17 18 59 60 + Fms Indiv Fms Indiv M F Indiv Indiv M F M F M F M F M F Total

Somali 1 1 0 0 0 0 0 2 0 0 0 0 0 0 0 0 1 0 0 0 1

Congolese 1521 3388 139 283 28 90 6 9 73 1 304 378 240 180 220 182 1200 667 8 9 3388

Burundise 547 837 75 101 8 22 0 3 22 0 48 46 44 38 49 33 435 143 1 0 837

Rwandese 180 200 13 34 5 9 2 1 12 0 32 7 9 5 12 11 51 67 6 0 200

Eth 0 1 0 0 0 0 0 0 1 0 1 0 0 0 0 0 0 0 0 0 1

Uganda 1 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 1

Zimbabwe 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

Kenya 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

TOTAL 2250 4428 227 418 41 121 8 15 108 1 385 431 293 223 281 226 1688 877 15 9 4428

138 Regarding the repatriation of refugees, this process is ongoing and it is either spontaneous (where the applicants return is not facilitated by relevant authorities), or voluntary (where the applicant’s return is formalized). Following tripartite agreements, voluntary repatriation has been conducted for instance, for Rwandan nationals. The voluntary repatriation of 3,371 Mozambican nationals from Luwani refugee camp, who expressed the desire to return home in March 2017, is still awaiting agreement between the Governments of Malawi and Mozambique the and UNHCR.

Article 14 – Right to Property 139 The 2018 housing census in the Table 7 below shows Malawi’s population in terms of housing and type of occupancy. The Table shows that the majority of Malawians live in either family owned house or rented housing. In order to improve access to land, Malawi passed several laws that radically transformed the aspect of land tenure. These are:

 Land Act 2016

 Customary Land Act 2016

 Physical Planning Act 2016

 Land Survey Act 2016

 The Registered Land (Amendment) Act 2016

 Public Roads (Amendment) Act 2016

 Forestry (Amendment) Act 2016

 Land Acquisition (Amendment) Act 2016

 Local Government (Amendment) Act 2016

 Malawi Housing Corporation (Amendment) Act 2016

A summary of some of these laws has been provided in the general update on legislative framework above.

Table 7: Population by Type of Occupancy, Region and District, 2018- Source: National Statistical Office

Type of Occupancy Region and Total Owner/Family Rented Institutional Other District Occupied Malawi 17,026,778 14,432,084 2,014,747 352,482 227,465 Northern 2,249,585 1,907,654 242,442 64,390 35,099 Chitipa 220,861 203,141 12,181 4,637 902 Karonga 359,001 310,587 36,544 8,855 3,015 Nkhata Bay 280,173 242,571 20,882 11,482 5,238 Rumphi 224,660 195,990 17,208 6,645 4,817 Mzimba 932,902 840,685 51,114 25,373 15,730 Likoma 14,370 12,495 1,404 400 71 Mzuzu City 217,618 102,185 103,109 6,998 5,326 Central 7,285,552 6,130,884 907,331 153,631 93,706 Kasungu 818,880 714,250 64,678 25,206 14,746 Nkhotakota 384,988 327,093 34,158 18,614 5,123 Ntchisi 309,909 291,402 11,843 5,032 1,632 Dowa 747,752 689,427 38,753 12,882 6,690 Salima 464,933 414,221 37,035 9,071 4,606 Lilongwe 1,570,410 1,418,935 108,674 24,908 17,893 Mchinji 581,492 516,898 47,363 12,008 5,223 Dedza 795,431 747,554 31,505 9,701 6,671 Ntcheu 635,269 592,739 29,615 7,068 5,847 Lilongwe City 976,488 418,365 503,707 29,141 25,275 Southern 7,491,641 6,393,546 864,974 134,461 98,660 Mangochi 1,101,120 996,352 77,833 15,250 11,685 Machinga 698,875 659,524 26,466 6,398 6,487 Zomba 718,391 670,906 29,508 10,166 7,811 Chiradzulu 341,210 319,484 12,136 5,130 4,460 Blantyre 443,958 380,650 47,670 7,697 7,941 Mwanza 128,040 111,438 13,706 1,921 975 Thyolo 700,505 634,524 35,592 18,315 12,074 Mulanje 659,436 602,533 32,373 13,701 10,829 Phalombe 417,166 395,892 13,143 3,769 4,362 Chikwawa 551,076 489,096 41,965 11,956 8,059 Nsanje 282,511 254,666 21,380 4,209 2,256 Balaka 424,974 381,646 33,798 4,713 4,817 Neno 134,010 121,973 8,095 2,738 1,204 Zomba City 101,480 40,398 46,731 11,585 2,766 Blantyre City 788,889 334,464 424,578 16,913 12,934

Article 15-The Right to Work 139 Significant efforts have been made in furtherance of the right to work particularly to eliminate child labour. Section 23 of the Constitution, section 21 of the Education Act, and the Child Care, Protection and Justice Act all operate to prohibit child labour in Malawi. The totality of the law in the provisions just referred to is that the welfare of children must always be prioritized and children must never be exposed to conditions that are hazardous to their wellbeing. The fight against child labour has been intensified. The Government has engaged partners to implement the Child Labour Elimination Action Plan (the year). Because of high poverty levels children are involved in economic activities in an effort to provide food for their family. In addressing the economic issues that perpetuate child labour, is very pertinent to the fight against child labour in Malawi.

140 In an effort to effectively upscale the elimination of child labour interventions, there have been a lot of developments. The Government enacted the Employment Act which provides for the minimum age of entry into employment. This is in line with the ILO Convention on minimum age of entry into employment No 138. The Government also developed the List of Hazardous Work for children Order of 2012. The list contains specifications of works that the children aged between 5-17 years are prohibited from doing. The list is also in compliance with the ILO Convention 182 on the Worst Forms of child labour which specifies that the state parties shall domesticate the Convention by listing the types of work that children aged between 5-17 years are prohibited from carrying them out.

141 The development of the National Code of Conduct on child labour is also another milestone that the Government has made in elimination of child labour. The National Code of Conduct is a tool used to guide the institutions in the elimination of child labour. The Government also developed the National Action Plan on child labour. This is an overarching document in the elimination of child labour in Malawi. This Plan of Action was implemented from 2010 to 2016 and it is currently undergoing a review alongside the Malawi Decent Work Country Program, another important document in the elimination of child labour. The MDWCP promotes decent work for adults so that they are able to support their children attending school and avoid engaging on activities that border on child labour.

142 The Government through Ministry of Labour has been working with different institutions in implementing various programs that include the Child Labour Elimination in Action for Real Change (CLEAR) funded by Elimination of Child Labour in Tobacco Growing (ECLT) Foundation. This program was implemented in the three districts of Mchinji, Ntchisi and Rumphi. The program targeted the communities through of food security, awareness raising and advocacy, improvement in education through rehabilitation of school blocks and construction of new blocks. The program also made provision for safe spaces to the withdrawn children from child labour for them to be rehabilitated before they could be repatriated back to their homes or back to school. The program constructed one safe space in Rumphi district. This program was being implemented by a consortium led by Save the Children. The CLEAR program entered in the second phase and it is expected that the third phase will also be incepted and will run from 2019 for the next four years.

143 Another program is the Achieving Reduction of Child Labour in Support of Education (ARISE). This Program was funded by Japan Tobacco International (JTI). It was being implemented by two partners which were International Labour Organization (ILO) and Winrock International. The first phase targeted two districts in tobacco growing areas which are Lilongwe and Ntcheu. In these districts the program targeted the communities through provision of education services, awareness raising and advocacy, law, policy and regulatory framework among others. These have helped the communities to be economically empowered. The communities were given the services of village savings and loans, goat and chicken raring and other small scale businesses. The ILO is bringing another program on child labour elimination that will target districts growing oily crops like groundnuts, soya beans, sunflower and others.

144 The Government through Ministry of Labour, Youth, Sports and Manpower Development has developed the National Child Labour Policy. The Policy is at advanced stage and it is just awaiting the Cabinet approval. Once the Policy is approved then it will be a guiding tool in the elimination of child labour and it is expected that the international institutions will help with resources since this Policy has the provisions for the support by international institutions through financial.

145 The Government through other Ministries and Departments developed the legal and policy frameworks meant deal with violations of child rights. Some of these legal and policy frameworks include the Child protection and Justice Act, the Trafficking in Persons Act, the National Policy on Orphans and other Vulnerable Children, National Early Childhood Development Policy, National Social Support Policy, National Education Policy, National Human Rights Action Plan among others. These Legal, Policy frameworks and strategies carry with them stiffer penalties that those found abusing and exploiting children have to face. All these are efforts meant to effectively eliminate child labour in Malawi. In order to establish the current magnitude of child labour, the Government through Ministry of Labour, Youth, Sports and Manpower Development International Labour Organization (ILO)’s Fundamentals engaged National Statistics Office (NSO) to conduct the National Child Labour Survey which was done in 2015 and the results were released in 2017. The Survey revealed a 38 percent magnitude of child labour among children aged between 5-17 years. This is still huge number that needs more efforts to eradicate it.

146 In 2018, the Government through the Ministry of Labour, Youth, Sports and Manpower Development introduced and implemented Jobs for the Youth Program. Under the program youth who have graduated from different colleges and universities are recruited as interns in different Government Ministries and Departments. The first phase will end in July 2019.

Article 16 - Right to Health 147 Malawi’s health system is organized at four levels namely: community, primary, secondary and tertiary. These different levels are linked to each other through an established referral system. Community, Primary and Secondary level care falls under district councils. The District Health Officer (DHO) is the head of the district health care system and reports to the District Commissioner (DC) who is the Controlling Officer of public institutions at district level.

148 From 2011-2016, the HSSP I guided the Ministry of Health and all stakeholders. The goal of the HSSP I was ‘to improve the quality of life of all the people of Malawi by

reducing the risk of ill health and the occurrence of premature deaths, thereby contributing to the social and economic development of the country’. In achieving this, the HSSP I contributed to the attainment of the Malawi Growth and Development Strategy (MGDS II) and the Millennium Development Goals (MDGs). Substantial progress was made during the implementation of the plan but, while many challenges remained. This part first looks at progress made with respect to health outcomes and then the health care system as a whole.

149 Between 2015 and 2018, there was an increase in the budgetary allocation to the Ministry of Health. In the 2015-2016 financial year, the Ministry was allocated MK77. 4 Billion, MK95.8 Billion in the 2016-2017 financial year, and MK190 Billion in the 2017-2018 financial year. However, the MK86.7 Billion allocation in the 2018-2019 financial year is a huge decrease from the previous allocation of MK190 Billion. The Government seeks to improve health service delivery with an initiative to employ 10000 health personnel. A Cancer Center is currently being constructed in the country’s capital, Lilongwe.

150 We now share key health indicators for the reporting period as well as targets set up to 2020. In terms of childhealth, as at2015-16, 64.7% of children under five with diarrhea in the two weeks before the interview received oral rehydration salts (ORS) packets. The targets for 2018 and 2020 are 70% and 79% respectively. Only 47.7% of children under 1 had been fully immunized as of 2015-2016 with the targets for 2018 and 2020 being 88% and 90% respectively. According to 2015-16 data, 27 per 1,000 live births died during the first 28 days of life, with the targets for 2018 and 2020 being 26 per 1,000 and 24 per 1,000 respectively.

151 64% children aged 6 to 59 months received vitamin A supplements in the six months preceding the interview. The targets for 2018 and 2020 are 99%. In 2015-2016, 37% of children under 5 years of age were found with moderate or severe stunting, targets for 2018 and 2020 are 35% and 33%, respectively. There were 2.7% wasted children under 5 in 2015-2016, the 2018 and 2020 targets are 2.2% and 1.7% respectively. In 2015-2016 4.5% of children under 5 years were found to be overweight, targets for 2018 and 2020 are 3.9% and 3.3% respectively. In 2015-2016, 12.9% of live births weighed less than 2500 grams, 2018 and 2020 targets are 11% and 9.5% respectively.

152 According to the Ministry of Health and Population 2017 Departments and Programmes self-report, 73.25% of facilities are able to provide the essential health package. The targets for 2018 and 2020 are 75% and 77%, respectively. In 2015 there were 1046 outpatient department visits per 1 000 populations per year, with the targets for 2018 and 2020 being ≥1,100. According to the National Pharmaceutical Strategic Plan 2016 – 2020, 20% of health facilities reported out of stock of the essential tracer medicines. The targets for 2018 and 2020 are 5% and 5% respectively.

153 In terms of environmental health, in 2015-2016 87% of households had access to an improved water source. The targets for 2018 and 2020 are 87% and 91% respectively. 51.8% of households had access to improved sanitation. The targets for 2018 and 2020 are 65% and 75% respectively. According to the EH Database, 63% of health facilities had basic WASH facilities. The targets for 2018 and 2020 are 65% and 75% respectively. In 2015, 10.5% of households had access to hand washing facilities with soap and water. The targets for 2018 and 2020 are 35% and 75% respectively.

154 On HIV/AIDS and Other Causes of death, there were 4.1 per 1000 person among adults (15–49) with new HIV infections in 2014-2015. 2018 and 2020 targets are 2.6 per 1,000 people and 2.2 per 1,000 people respectively. According to the Malawi Integrated HIV Program Report 2016 Q4, 85% of HIV-infected pregnant women are already on ART, 2018 and 2020 target is 85%. In addition, 69% of adults and children currently living with HIV are receiving antiretroviral therapy in accordance with the nationally approved treatment protocol. The targets for 2018 and 2020 are 68% and 78% respectively. 80% of adults and children were still alive and on antiretroviral therapy at 12 months after initiating treatment. In terms of health personnel, as of 2016 there were 0.4 doctors and 0.7 clinical officers per 10,000 patients. The targets for 2020 are 0.3 doctors and 0.87 clinical officers, respectively.

155 The HIV and AIDS (Prevention and Management) Act was passed in November 2017. The Act ensures that authorities are able to prevent and manage the HIV/AIDS pandemic. In line with international human rights standards, the Act prohibits compulsory testing for pregnant women, domestic workers and men in uniform. It also establishes the National

Aids Commission as a statutory body that facilitates management of HIV/AIDS response in the country.

156 The courts in Malawi have also risen to ensure that the privacy of persons living with HIV is not violated even in criminal trials. In a 2015 High Court appeal case eleven commercial sex workers were charged with spreading venereal diseases, contrary to section 192 of the Penal Code. The Court ruled that subjecting commercial sex workers to forced HIV testing was unreasonable and a violation of their rights to privacy, equality, dignity and freedom from cruel, inhuman and degrading treatment. The Court noted that the authorities took advantage of the commercial sex workers being in police custody to force them to undergo the tests. In the case of E.L (Female) v Republic,1 the court expressed concern over the violation of the appellant’s right to dignity and privacy as guaranteed by section 19 and 21 of the Constitution. In the trial transcript, the appellant’s HIV status as well as treatment was introduced into evidence in court. The court wondered how the police obtained the information and how the lower court admitted such information into evidence. It was cautioned that such matters need courts to be specially concerned and careful with. In the pursuit of serving and protecting citizens, the police need to ensure that they do not, that by breaking the law and violating people’s rights.

157 Regarding measures taken to address health care provisions in prisons, including prisoners with HIV/AIDS or tuberculosis; the Malawi Prison Service has health personnel, headed by a general practitioner at every prison who gives immediate health assistance to prisoners. Three (3) prison officers were also specifically trained in mental health. If the sickness cannot be dealt with by the medical personnel at the prison, the patient prisoner is transferred to a main hospital in the district or city the prison is located. In addition, the Malawi Prison Service also makes provision for doctors to visit prisons where there are patient prisoners who due to the state of illnesses cannot be transferred to main hospitals immediately. With regard to prisoners with HIV/AIDS, they are provided with the appropriate medication and are put on a special diet. Prisoners suffering from tuberculosis are also provided with the appropriate medication, special

1Criminal Case No. 36 of 2016 (Being Criminal Case No. 95 of 2016) (In the Second Grade Magistrate Court Sitting at Machinga)

diet and have separate accommodation from the rest of the prisoners. There are routine mass screenings done in all prisons with regard to tuberculosis and HIV/AIDS.

158 In 2015 there were 304 malaria cases per 1,000. The 2018 and 2020 targets are 302 per 1000 and 260 per 1000, respectively.33% of children aged 6-9 months had confirmed malaria infections in 2014. The targets for 2018 and 2020 are 28% and 24%, respectively. There were 23 per 100,000 inpatient deaths, the targets for 2018 and 2020 are 20 per 100,000 and 17 per 100,000 respectively.

159 According to WHO 35 per 100,000 died in road traffic accidents in 2013, the targets for 2018 and 2020 are 33 and 31 respectively. There were 5.5 per 100,000 deaths resulting from suicide in 2012, and later targets are not yet defined. In 2014 there was a 19% probability of death from cardiovascular diseases, cancer, diabetes, or chronic respiratory diseases. The targets for 2018 and 2020 are 15.2% and 11.4%, respectively. In 2009, 19% of adult males were recorded to engage in heavy episodic drinking, target is annual decline of 0.2%. Baselines/estimates for “health facilities with functioning water, electricity, communication and HVA” and “percentage of days’ health facilities have functional (working and safe) essential medical equipment in line with level of care” are not presently available. However, targets for 2018 and 2020 are 80% and 85% respectively.

160 In 2016, 90% of the population were living within 8 km of a health facility. 2018 and 2020 targets are 92% and 94% respectively. Public health sector expenditure was 10.8% of total government expenditure in 2016, 2018 and 2020 targets are 15%. In 2014-2015 total health expenditure per capita was $39.2, 2018 and 2020 targets are $43 and $45.

161 In 2015-2016 the maternal mortality ratio was 439 per 100,000 live births, 2018 and 2020 targets are 380 per 100,000; 345 per 100,000 respectively. The Total Fertility Rate in 2015-2016 was 4.4 children per woman, 2018 and 2020 targets are 4.0 and 3.5 respectively. In 2015-2016, 50% of women aged 15 to 49 with a live birth in the last two years received antenatal care four or more times, 2018 and 2020 targets are 55% and 60% respectively. In 2015, 121 per 100,000 TB cases were detected. The targets for 2018 and 2020 are 196 per 100,000. In 2015 TB treatment success rate was 84%, 2018 and 2020 targets are 89% and 90% respectively.

162 Recognizing the importance of community health and the opportunity to address these challenges, the Ministry of Health and Population has developed the country’s first National Community Health Strategy (NCHS) for the period of 2017-2022. The Community Health Services (CHS) Section has led this work in coordination with the Department for Planning and Policy Development (DPPD). The NCHS ties into the Health Sector Strategic Plan (HSSP II), which underscores primary health care and community participation as core principles. Extensive consultation guided the development of the NCHS: over 500 stakeholders across the health system, local government, and communities helped to highlight strengths and challenges, identify and priorities key issues and activities, and develop the implementation plan.

163 The vision of the NCHS is to improve the livelihoods of all people in Malawi. The mission is to ensure quality, integrated community health services are affordable, culturally acceptable, scientifically appropriate, and accessible to every household through community participation – in order to promote health and contribute to the socio- economic status of all people in Malawi.

164 By 2022, the NCHS aims to contribute to achievement of two health outcome targets aligned with the HSSP II: a 25% decrease in the under-five mortality rate (U5MR) from 64 to 48 per 1,000 live births and a 20% reduction in the maternal mortality ratio (MMR) from 439 to 350 per 100,000live births. To achieve these goals, the NCHS defines a new community health system for Malawi. Within this system, community health refers to a package of basic preventive, promotive, curative, rehabilitative, and surveillance health services delivered at the community level with the participation and ownership of rural and urban communities. This package consists of the community components of the Essential Health Package (EHP), as defined by HSSP II, and CHWs will deliver these services through an integrated approach.

165 For the NCHS, integration is defined as the coordinated delivery of multiple health interventions as well as interventions from other sectors that improve health outcomes. Integration will take place at the point of care, which helps to improve health system efficiencies, reduce fragmentation, and increase access to care. Other key features within the community health system include a team-based structure for CHWs, strengthened

supervision, reinforced community structures (e.g., Village Health Committee, Community Health Action Group), and enhanced coordination led by the CHS Section and district-level Community Health Officers. Overall, the NCHS outlines the aspirations for how the community health system should function and puts in place processes and activities to achieve these goals.

166 The NCHS also sets six strategic objectives for the community health system – each with an ambitious target and interventions to implement by 2022:

 Health services delivery: deliver the Essential Health Package at community level through integrated services provided by CHWs in Community Health Teams (CHTs). Key interventions to achieve this goal include scaling up integrated delivery of the EHP at community level and rolling out CHTs with clear job descriptions for all CHW cadres. The target for 2022 is that 75% of HSAs deliver the majority of the community components of the EHP.

 Human resources: build a sufficient, equitably distributed, well-trained community health workforce. Key interventions to achieve this goal include recruiting a National Community Health Strategy 2017-22 expert of community health. The 2022 target is that 95% of HSAs have a high quality, durable bicycle and that 900 Health Posts are operational and supporting integrated community health service delivery in hard to reach areas. Community engagement: Strengthen community engagement in and ownership of community health.

167 Key interventions to achieve this include generating support for community health (e.g., launching national community health day); building the capacity of prioritized community structures (e.g., VHCs, CHAGs, and HCACs), and rolling out enhanced social accountability mechanisms at community level (e.g., scorecards).The 2022 target is that 70% of Village Health Committees (VHCs) are meeting regularly on a monthly basis to support community health activities and that 70% of CHAGs and HCACs are active.

 Leadership and coordination: ensure sufficient policy support and funding for community health and those community health activities are implemented and coordinated at all levels. Key interventions to achieve this goal include scaling up

the coordinating function of the CHS Section at the national level; recruiting a Community Health Officer for each district; strengthening community-level coordination through CHAGs and CHTs; and hosting regular coordination meetings between stakeholders at all levels. The target for 2022 is that community health actors will have completed 80% of all agreed-upon coordination activities and milestones.

168 The five-year implementation plan provides in-depth information on all recommended activities. In addition, six cross-cutting guiding principles – integration, community leadership, equity, gender quality, learning, and transparency and accountability – will underpin the success of the NCHS. The first two principles help ensure that existing programmes and initiatives related to community health leverage partnerships and integrate seamlessly across sectors, and that community members have ownership and remain accountable for the health of their populations. The principles of equity and equality demand that all Malawians receive high quality care from a community health system that promotes gender equality. The NCHS promotes continuous learning and course correction based on strengthened monitoring and evaluation efforts. While transparency and accountability are vital to maintaining the trust and commitment of all stakeholders. These principles are relevant across the full community health system and all NCHS strategic objectives.

169 Over the next five years, implementation of the NCHS will require coordinated efforts from all actors working in the community health system. Implementation will take place across two phases that recognise the necessity of strengthening the foundational elements of the community health system before launching and scaling activities.

170 Phase 1 will focus on setting the community health system up for success by clarifying guidelines and reinforcing structures. In parallel, implementation of high-impact activities, including procuring transport for CHWs, rolling out CHTs, recruiting CHWs, and setting up coordination mechanisms at all levels, will commence.

171 Phase 2 will focus on scaling activities from Phase 1 and implementing additional activities, including: training CHWs on integrated service delivery, ensuring full rollout of the EHP and access to supplies, and constructing CHW housing units, among others.

M&E will take place at every stage of implementation. The CHS Section of the MoH is responsible and accountable for the successful implementation of the NCHS – and must have sufficient resources to carry out this mandate. Specific roles of the CHS Section include coordination and planning across programmes; development of policies and guidelines; monitoring adherence to policies and guidelines; overarching management of CHTs, and support for community structures (VHCs, CHAGs, HCACs, etc.).

172 To fulfill these roles, the CHS Section will require predictable financial resources and additional human capacity, with the goal of reaching nine full-time employees (FTE) by the end of the five-year strategy. Effective programme management also hinges on dedicated coordination efforts from all actors in order to ensure efficient use of resources and consistency across the community health system

Article 17 - Right to Education 173 The Ministry of Education, Science and Technology has adopted the National Education Standards to enhance the quality and access to education in primary and secondary schools. There are twenty-six standards which specify the expected outcomes for students which should be delivered by all education providers in public and private institutions. They also identify the leadership, management and teaching processes which are essential to the achievement of the outcomes. In addition, the Standards specify targets for effective practice which are both challenging and achievable. The aim of the Standards is to:

• Aid policy makers at national, divisional and district level in the evaluation of the effectiveness of education in their area and across the country as a whole; and

• Guide individual institutions and practitioners in reviewing and improving their practice.

174 In particular, the National Education Standards identify minimum requirements which all schools in Malawi should aim to achieve. Schools should implement these requirements in order to promote equality of educational opportunity and remove barriers to achievement.

175 Standard 16 is about School self-evaluation and improvement. This is at the heart of the work of Primary and Secondary Education. There are three groups of standards that relate to:

• The outcomes which all students should achieve as a result of being educated in school;

• The key aspects of the teaching process which lead to students achieving these outcomes; and

• The leadership and management processes which need to function effectively for good teaching and learning to take place.

176 The Education Standards are presented at four Levels of Achievement. Level 1: Below Minimum Standards, Level 2: Meets Minimum Standards, Level 3: Exceeds Minimum Standards and Level 4: Effective Practice. The National Education Standards are as follows

 Education Standard 1: Learning in lessons

 Education Standard 2. Students’ outcomes in the curriculum

 Education Standard 3: Attainment across the school

 Education Standard 4: Students’ participation in education

 Education Standard 5: Students’ behaviour and involvement in school life

 Education Standard 6: Students’ safety and protection

 Education Standard 7: A curriculum which is appropriate and relevant

 Education Standard 8: High expectations

 Education Standard 9: Teachers with good knowledge

 Education Standard 10: Well-planned lessons

 Education Standard 11: Teaching for effective learning

 Education Standard 12: Accurate and constructive use of assessment

 Education Standard 13: Teaching which meets the needs of all students

 Education Standard 14: Effective management of behaviour

 Education Standard 15: School vision, goals and values

 Education Standard 16: School self-evaluation and improvement

 Education Standard 17: School governance

 Education Standard 18: School leadership

 Education Standard 19: Partnership with parents and the community

 Education Standard 20: Staff supervision and development

 Education Standard 21: Staff deployment and management

 Education Standard 22: Care and welfare of students

 Education Standard 23: Access, equity and inclusion

 Education Standard 24: Management of buildings and facilities

 Education Standard 25: Management of material resources

 Education Standard 26: Financial management

177 We now present to the Commission, information regarding the status of education in Malawi during the reporting period.

Primary Schools Student information and Enrolment status 2012-2017

178 Enrollment increased from 4,154,427 in 2012 to 5,073,721 in 2017, representing a 21.0 percentage growth. A total number of 4,964,474 learners were enrolled in public schools, only 109247 which is 2.15 (1.05 percent boys and 1.09 percent girls) were enrolled in private schools. The total enrolment has been growing at an average annual rate of 3.9 percent. A total of 802,445 new entrants enrolled in the year 2016/17, representing a proportion of 15.8 percent. (802,445/5,073,721) of the total enrollment. Across age of new entrants, a higher proportion (63.5 percent) was observed at 6 years, which is the official age of primary school entry.

Graph 1: Enrollment in Primary School 2012 – 17 – Source - Ministry of Education Science and Technology

School infrastructure

179 There were 41765 permanent classrooms in use, 6380 complete temporary classrooms in use and 13,189 classrooms requiring rehabilitation. Furthermore, the census revealed a requirement of about 27,113 extra classrooms for the entire primary sub-sector. Number of permanent classrooms has increased from 35,804 in 2013 to 41,765 in 2017, representing a growth of 16.6 percent. Most schools in 2017 reported bore holes (69 percent) as their main source of water followed by piped water (17 percent). About 6 percent of the schools reported to having no water.

Access indicators

180 The overall gross intake ratio for standard one stands at 203; with 202 for girls and 204 for boys respectively. The net intake rate shows a high degree of access for 6 year olds,

however, girls have a higher rate than boys. Net Enrolment Rate is the best way of measuring organized on-time school participation. NER is calculated by dividing the number of properly aged primary pupils (6-13 years of age) by the population of primary school going age (6-13 years). NER has been declining from 111 in 2013 to 88 in 2017.

Special Needs

181 About 2.8 percent (146,048/5,073,729) of total primary enrollment were learners with special needs.

Drop outs and reasons - primary and secondary Graph 2 – Dropouts in Primary Schools – Source – Ministry of Education, Science and Technology

182 In 2017 there was a total of 97514 males drop outs and 104057 female drop outs. Mangochi district has the highest proportion of school dropouts at 9.3 percent, followed by Machinga with 7.3 percent. Learners drop out of school because of various reasons. Some of them being violence at school, sickness, pregnancy, poor facilities especially for girls, lack of support, lack of interest by the learner, early marriages, traveling long distance to school, lack of fees, family responsibilities, employment and unavailability of teachers.

Secondary Schools Student information and Enrolment status 2012-2017

183 Looking at the five-year period from 2013 to 2017, secondary school enrollment increased from 307216 in 2013 to 372885 in 2017 representing a growth of 21.4 percent. Enrollment in public secondary schools has been increasing consistently from 2013 to 2015 with average annual growth rate of 11.4 percent, but decreased by 1.8 percent in 2016. The enrollment increased by 6 percent between 2015/16 and 2016/17. In terms of proprietorship, public school enrollment accounted for approximately 79 percent of secondary school enrollment in 2016/17, while private schools accounted for 21 percent. In the 2016/17 academic year, more boys were enrolled (52 percent) compared to girls (48 percent).

Graph 3: Secondary School Enrollment 2013 – 2017 – Source – Ministry of Education Science and Technology

School infrastructure Graph 4: Classroom Numbers: Source – Ministry of Education, Science and Technology

Access indicators

184 Gross enrollment rate has been oscillating from 2013 to 2017. An upward movement was observed from 2013 to 2014 with rates moving from 22.3 to 24.3 percent. A downward movement was observed from 2014 to 2016 with rates moving from 24.3 to 23. The rate has slightly increased to 23.7 in 2017 from 23 in the preceding year. Overall the results mean there is very low accessibility of secondary education by the citizenry in Malawi. The NER for secondary sub-sector has remained below 20 percent over the last five years. The national rate has remained at 15 percent for the past 4 years. This indicates low accessibility of secondary education and lack of improvement in the same.

Special needs 185 About 1.6 percent of total secondary school enrollment was students with special needs. This figure has increased from 5289 students in the previous year, representing almost a 16 percent increase. The sector is doing well in incorporating learners with special needs in its schools as shown by the figure below. In 2015 and 2016, the set targets were met and in 2017, the percentage of SNE learners even surpassed the ESIP II target.

Graph 5: Special Needs Enrollment – Source – Ministry of Education, Science and Technology

186 Chancellor College, a Constituent College of the University of Malawi had enrolled 45 students, the highest number of students with diverse special needs enrolled in higher education in the fiscal year.

Dropouts

187 The total number of dropouts in 2016/17 was 18042. This figure has increased by 754 dropouts from total of 17288 in the previous year. The results indicate that most students, both male and female, dropped out mainly because of school fees.

Graph 6: Dropouts in Secondary Schools – Source – Ministry of Education, Science and Technology

Education Expenditure 188 The Government of Malawi continues to highly value the education sector as demonstrated by allocating 4.2 percent of the country’s Gross Domestic Product (GDP) to the education sector in the 2017/18 financial year.

Table 8: Education Expenditure 2012 – 2017 – Source – Ministry of Education, Science and Technology Year 2012/13 2013/14 2014/15 2015/16 2016/17

Education- 79 102 119 163 179 sector allocation minus Dev Part 1 (MK' billions) GDP (MK' 1,717 2,242 2,848 3,521 4,219 billions)

% of GDP 4.6% 4.5% 4.2% 4.6% 4.2% spent on Education

Number of schools

189 The number of secondary schools, both public and private, has increased over the last five (5) years. Public secondary schools have increased from 981 in 2013 to 1,105 in 2017 representing a 13 percent increase. Similarly, private secondary schools have increased by 97, from an initial 209 schools in 2013 to 306 schools in 2017 representing a 46 percent increase.

Scholarships

190 Access to higher education was enhanced through student loans, scholarships and grants from organizations and individuals. The introduction of Student loans by the Higher Education Students’ Loans and Grants Board (HESL&GB) has contributed to access and retention of needy students at risk of University/College drop-out due to financial limitations. During the 2016/17, financial year the Board was allocated a total budget ceiling amounting to MK3.0 billion of which a total of 83% amounting to MK2.449 billion was or student loans and 17% for the operations of the Board.

191 The Tables below indicate a summary of the status of education in Malawi at 2018 in terms of access, quality, efficiency, equity and budgeting expenditure.

Table 9: Access indicators- Source: Ministry of Education, Science and Technology 2017 2018 Total Primary Enrolment 5,073,721 5,187,634 Boys 2,513,876 2,565,344 Girls 2,559,845 2,622,290 Total Primary Public-School Enrolment 4,964,474 5,063,917 Boys 2,460,112 2,504,357 Girls 2,504,362 2,559,560 Total Primary Private School Enrolment 109,247 123,717 Boys 53,764 60,987 Girls 55,483 62,730 New Entrants into Primary (standard 1) 802,445 717,277 Boys 409,754 362,225 Girls 392,691 355,052 Total Secondary enrolment 372,885 387,569 Boys 194,537 201635 Girls 178,348 185934 Total TTC Enrolment (IPTE) 7,373 Males 3,402 Females 3,971 Total Number of Primary schools 6,065 6194 Public 5,552 5611 Private 513 583 Total Number of Secondary schools 1,469 Public (government and religious) 824 830 Private 383 353 Open day sec Schools 620 304 Gross Intake Rate Primary 147 123 Boys 144 122 Girls 145 124 Net Intake Rate Primary 92 84 Boys 89 82 Girls 95 86 Gross enrolment rate Primary 136 127 Boys 135 125 Girls 136 128 Net enrolment rate Primary 98 90 Boys 87 87 Girls 89 92 Gross enrolment rate secondary 23.7 25 Boys 25.1 26 Girls 22.7 24 Net enrolment rate Secondary 16.0 16 Boys 15.0 15

Girls 15.5 15

Table 10: Quality Indicators - Source: Ministry of Education, Science and Technology 2017 2018 Pupil Teacher Ratio- 71.3 66.8 Primary Pupil Qualified Teacher 76.9 70.0 Ratio- Primary Pupil permanent classroom 121.4 120.9 ratio- Primary Primary Completion Rate 53 52 Boys 55 54 Girls 51 51 Secondary completion rate 24 Form 2 Form 4 21.9 Boys 24.0 26 Girls 20.0 22 Pupil qualified Teacher 45.4 41.0 Ratio (SqTR)- Secondary Pupil qualified Teacher 42.6 44.3 Ratio (SqTR)- Public Sec Pupil qualified Teacher 61.2 27.6 Ratio (SqTR)- Private Sec Pupil permanent 58.7 58.7 Classroom Ratio (PpCR)- Secondary

Table 11: Efficiency indicators - Source: Ministry of Education, Science and Technology 2017 2018 Drop-out proportion 4.1 3.2 primary Boys 4.0 3.1 Girls 4.2 3.2 Drop-out proportion 4.8 Secondary Boys 3.8 8.46 Girls 5.9 13.35 Transition rate to 38.4 38.4 secondary Boys 40.9 40.9 Girls 35.8 35.8

Repetition rate- Primary 23.9 24.5 Boys 24.5 25.1 Girls 23.3 23.9

Table 12: Equity Indicators- Source: Ministry of Education, Science and Technology 2017 2018 Gender Parity Index (GPI) 1.01 1.0 for primary enrolment Gender Parity Index (GPI) 0.90 0.92 for secondary enrolment Percentage of SNE 2.9 3.35 students (Primary) Percentage of SNE 1.6 1.6 students (Secondary)

Table 13: Budgetary and Expenditure- Source: Ministry of Education, Science and Technology 2017 2018 Education budget as a 26 26 percentage of national Budget Primary education budget 61 65 as a percentage of total education budget Secondary education 15 12 budget as a percentage of total education budget Higher Education 20.0 20

Article 18(3) - Protection of the Rights of Women and Children 192 The Constitution of Malawi in section 23 and 24 entrenches specific provisions on the rights of children and women respectively. The constitutional amendment of 2016 raised the age of the child from 16 to 18 as well as abolition of child marriages. The amendment was done in line with the African Charter on the Rights and Welfare of the Child. Currently the Government is undertaking a process to harmonize all laws on the definition of the child.

193 On the protection of women, Section 24 of the Constitution specifically provides for the rights of women. The Marriage, Divorce and Family Relations Act (MDFR) was enacted in 2015. The Act goes to the very root of gender equality and women empowerment, and is in line with the provisions of the CEDAW and the Maputo Protocol. On equality, Section 48 of the Act provides that a party to a marriage is entitled to equal rights as the other in their right to consortium. The Act also protects the property rights of a woman in the marriage and upon dissolution of the marriage. Under Section 71 of the Act, a woman is entitled to the property she owned individually.

194 The MDFR also protects the rights of children. Section 95 of the Act provides that in any proceedings brought by either party to the marriage, the Court shall treat the welfare of the child as paramount. More details on the rights of women are provided in Part B of this report.

195 The Trafficking in Persons Act seeks to eliminate trafficking of women, girls and boys for sexual exploitation and child labour. Section 79 of the Child Care, Protection and Justice Act also criminalizes child trafficking. In August, 2017, the 2017-2022 National Plan of Action against Trafficking in Persons was launched. It targets reduction of trafficking in persons’ cases by 50% by 2022.

196 The enactment of the Trafficking in Persons Act in 2015 will ensure the protection of women and children from exploitation. Trafficking of children is specifically prohibited under Section 15(1) of the Act. The offence attracts imprisonment for twenty-one years without the option of a fine. This is unlike trafficking in persons generally which attracts imprisonment for fourteen years. The Act considers trafficking in children to be an aggravated form of trafficking, hence affording more protection to children.

197 On training, the Malawi Police Service has anti-trafficking training in its curricula for its training schools in Limbe, Mtakataka and Mlangeni Police Training Schools and Zomba Police College. The Department for Immigration trained a number of new immigration officers on victim identification and assistance to potential trafficking victims. The Judiciary conducts trainings on the anti-trafficking law with a particular focus on sentencing guidelines for offenders. The Ministry of Gender, Children, Disability and Social Welfare together with the Southern Africa Development Community (SADC)

Secretariat conducted training for 200 law enforcement officers, including police, immigration officials, social workers, and prosecutors on the legal instruments available to counter trafficking.

198 On protection and rehabilitation, much is yet to be done due resource constraints. The Trafficking in Persons Act provides for a Trafficking in Persons Fund. The largest shelter in the country is ran by Salvation Army in Mchinji which boarders Zambia in the central Region. Currently, Government through the Social Welfare Office under the Ministry of Gender is running a shelter in Rumphi. The shelter was constructed and initially run by a local NGO, Youth Net and Counseling (YONECO). Government through the Ministry of Gender also runs a social Rehabilitation Center in Lilongwe. The centre, though not constructed solely for TIP victims is currently under maintenance to accommodate as many TIP victims as possible.

199 In terms of trafficking cases registered, Malawi Police Service in 2017 registered cases in the districts of Mulanje, Mwanza, Phalombe, Mchinji, Nkhotakota, Mangochi and Chitipa. The graphs below present a clear picture on the status.

Graph 7: Statistics on Trafficked Persons Per Selected Districts: Source: Malawi Police Service

Graph 8: External Trafficking: Source: Malawi Police Service

Graph 9: Trafficking in Persons Trends: 2013 to 2017: Source: Malawi Police Service

200 In the year 2013, a total of 15 suspects were prosecuted and convicted representing conviction rate of 47% whilst in the year 2014 the rate of prosecution was 51% depicting an increase by 4%. In the year 2015 total number of 142 victims was rescued, 68 suspects

arrested and 58 of them convicted representing conviction rate of 85%. There was an increase in the prosecution rate in the year 2016 by 2%. In the year 2017 total number of 121 victims were rescued, 42 suspects arrested and 26 of them convicted representing conviction rate of 62%, representing an increase of 2% during same period of the year 2016. The graph below also shows the trend of trafficking and notably there were more adults trafficked than children.

Graph 10: Trafficked Persons in accordance with age, Source: Malawi Police Service

Adults 71%

201 Traditional leaders, members of the public and Community Policing Structures are also playing a vital role in identifying trafficking perpetrators and rescuing victims. Phalombe and Mchinji are among the districts with strengthened community policing structures assisting in curbing trafficking in persons.

202 Cooperation and information exchange mechanisms have also been established with neighbouring countries. There is an annual SADC Forum where countries meet to share ttrafficking in persons information. The Malawi Police Service also makes use of mechanisms such as Southern African Regional Police Chiefs Cooperation Organisation

(SARPCCO) and INTERPOL. INTERPOL has played very vital role to rescue victims and arrest perpetrators outside borders of Malawi.

Article 18(4) - Protection of Aged Persons and Persons with Disabilities 203 According to the 2018 national census, the statistics of persons with disabilities in Malawi is represented in tables 14 and 15 below.

Table 14: Population 5 years and Older Population with Disability by Sex, Urban, Religion and District, 2018- Source: National Statistical Office-2018 Region, Total Population Population with Disability District, Total Male Female Total Male Female Urban and Rural Malawi 15,011,343 7,255,489 7,755,854 203,367 93,889 109,478 Urban 2,453,244 1,220,724 1,232,520 19,377 9,407 9,970 Rural 12,558,099 6,034,765 6,523,334 183,990 84,482 99,508 Northern 1,970,696 956,606 1,014,090 34,285 16,284 18,001 Chitipa 203,122 98,650 104,472 3,904 1,837 2,067 Karonga 314,597 151,376 163,221 4,670 2,235 2,435 Nkhata Bay 244,658 119,312 125,346 5,401 2,502 2,899 Rumphi 196,572 96,654 99,918 4,371 2,114 2,257 Mzimba 804,228 388,643 415,585 14,164 6,744 7,420 Likoma 12,856 6,361 6,495 161 71 90 Mzuzu City 194,663 95,610 99,053 1,614 781 833 Central 6,434,150 3,139,752 3,294,398 82,134 38,112 44,022 Kasungu 721,540 357,174 364,366 8,822 4,396 4,426 Nkhotakota 331,427 162,016 169,411 4,634 2,125 2,509 Ntchisi 269,860 131,531 138,329 3,716 1,757 1,959 Dowa 667,098 325,820 341,278 9,218 4,350 4,868 Salima 401,037 193,454 207,583 5,303 2,328 2,975 Lilongwe 1,396,310 676,361 719,949 17,793 8,081 9,712 Mchinji 513,652 253,024 260,628 5,230 2,455 2,775 Dedza 709,264 335,963 373,301 13,222 5,963 7,259 Ntcheu 564,400 271,798 292,602 8,043 3,621 4,422 Lilongwe 859,562 432,611 426,951 6,153 3,036 3,117 City Southern 6,606,497 3,159,131 3,447,366 86,948 39,493 47,455 Mangochi 946,799 445,436 501,363 12,069 5,349 6,720 Machinga 611,560 289,390 322,170 7,654 3,586 4,068 Zomba 640,069 303,663 336,406 9,803 4,371 5,432

Chiradzulu 310,732 146,610 164,122 4,943 2,122 2,821 Blantyre 390,642 188,533 202,109 6,695 3,058 3,637 Mwanza 111,697 54,007 57,690 1,592 676 916 Thyolo 627,494 293,950 333,544 9,377 4,147 5,230 Mulanje 590,091 278,165 311,926 8,013 3,638 4,375 Phalombe 365,808 175,415 190,393 5,300 2,371 2,929 Chikwawa 477,904 233,857 244,047 5,248 2,446 2,802 Nsanje 252,216 120,466 131,750 3,655 1,639 2,016 Balaka 372,094 176,215 195,879 5,381 2,480 2,901 Neno 117,115 56,835 60,280 1,360 638 722 Zomba City 92,298 45,207 47,091 857 408 449 Blantyre 699,978 351,382 348,596 5,001 2,564 2,437 City

Table 15: Total Population, Persons with Albinism and Epilepsy by Sex, Age group, Urban and Rural, 2018- Source: National Statistical Office-2018 Age Total Population Persons with Albinism Epilepsy Group Total Male Female Total Male Female Total Male Female Total 17,563,7 8,521,4 9,042,2 134,63 65,366 69,270 237,429 125,58 111,84 49 60 89 6 5 4 0 - 4 2,552,40 1,265,9 1,286,4 31,962 15,938 16,024 22,165 12,112 10,053 6 71 35 5 - 9 2,632,87 1,298,9 1,333,9 21,342 10,536 10,806 54,817 29,685 25,132 8 62 16 10 - 14 2,533,30 1,247,2 1,286,0 17,889 8,580 9,309 44,575 23,779 20,796 3 12 91 15 - 19 2,035,94 1,004,7 1,031,1 13,664 6,752 6,912 28,050 14,775 13,275 5 80 65 20 - 24 1,651,57 777,57 873,99 10,389 4,870 5,519 18,466 9,584 8,882 6 7 9 25 - 29 1,229,41 582,86 646,54 7,805 3,612 4,193 13,613 6,949 6,664 1 6 5 30 - 34 1,107,22 516,50 590,72 7,006 3,187 3,819 12,236 6,056 6,180 6 5 1 35 - 39 968,998 468,18 500,81 6,377 3,115 3,262 10,723 5,526 5,197 8 0 40 - 44 729,600 367,17 362,42 4,768 2,355 2,413 7,931 4,292 3,639 1 9 45 - 49 535,868 273,74 262,11 3,629 1,867 1,762 6,189 3,364 2,825 9 9 50 - 54 387,812 188,40 199,41 2,534 1,264 1,270 4,525 2,391 2,134 0 2

55 - 59 306,921 144,04 162,87 1,982 961 1,021 3,583 1,902 1,681 6 5 60 - 64 234,918 107,82 127,09 1,406 638 768 2,753 1,391 1,362 0 8 65 - 69 240,551 107,91 132,64 1,522 687 835 2,850 1,484 1,366 1 0 70 - 74 144,788 63,805 80,983 844 374 470 1,703 850 853 75+ 271,548 106,49 165,05 1,517 630 887 3,250 1,445 1,805 7 1 Urban 2,816,49 1,401,3 1,415,1 17,156 8,609 8,547 17,128 9,116 8,012 2 73 19 0 - 4 363,248 180,64 182,59 3,587 1,754 1,833 1,278 698 580 9 9 5 - 9 356,343 175,08 181,25 2,309 1,147 1,162 3,026 1,614 1,412 9 4 10 - 14 357,385 170,86 186,52 2,036 954 1,082 2,827 1,483 1,344 3 2 15 - 19 326,916 158,14 168,77 1,709 886 823 2,317 1,233 1,084 0 6 20 - 24 325,879 154,12 171,75 1,638 755 883 1,777 899 878 0 9 25 - 29 262,278 127,60 134,67 1,412 692 720 1,434 709 725 6 2 30 - 34 235,218 115,87 119,34 1,249 604 645 1,249 653 596 1 7 35 - 39 198,212 103,76 94,452 1,031 561 470 1,009 554 455 0 40 - 44 136,555 76,737 59,818 751 427 324 742 427 315 45 - 49 84,480 48,491 35,989 543 302 241 463 308 155 50 - 54 56,344 30,748 25,596 324 180 144 299 165 134 55 - 59 38,354 20,244 18,110 212 121 91 216 112 104 60 - 64 27,551 14,907 12,644 130 84 46 165 93 72 65 - 69 20,628 10,951 9,677 112 72 40 134 64 70 70 - 74 11,580 6,113 5,467 41 25 16 92 52 40 75+ 15,521 7,084 8,437 72 45 27 100 52 48 Rural 14,747,2 7,120,0 7,627,1 117,48 56,757 60,723 220,301 116,46 103,83 57 87 70 0 9 2 0 - 4 2,189,15 1,085,3 1,103,8 28,375 14,184 14,191 20,887 11,414 9,473 8 22 36 5 - 9 2,276,53 1,123,8 1,152,6 19,033 9,389 9,644 51,791 28,071 23,720 5 73 62 10 - 14 2,175,91 1,076,3 1,099,5 15,853 7,626 8,227 41,748 22,296 19,452 8 49 69 15 - 19 1,709,02 846,64 862,38 11,955 5,866 6,089 25,733 13,542 12,191 9 0 9

20 - 24 1,325,697 623,457 702,240 8,751 4,115 4,636 16,689 8,685 8,004

204 Malawi enacted the Disability Act in 2012. Section 10(a) of the Act provides that persons with disabilities shall not be excluded from the general education system at all levels. In that regard, the Ministry of Gender is currently lobbying for inclusive education in all schools whether public or private. To further strengthen this initiative, the Ministry of Education launched a National Inclusive Education Strategy 2016 to 2020.

205 Section 14 of the Act recognizes the right of persons with disabilities to social protection. Persons with disabilities in Malawi benefit from social cash transfer programs put in place by the Ministry of Gender. Although the program does not specifically aim at persons with disabilities, they are included as vulnerable persons. The Government of Malawi has developed a National Social Support Policy aimed at facilitating implementation of programmes that will provide income or consumption transfers to the poor; protect the vulnerable against livelihood risks; and enhance the rights and social status of the marginalized. The policy notes that these groups include persons with disabilities.

206 The Act in section 28 establishes the Disability Trust Fund. The Government of Malawi has made a commitment to establish the fund by 2022. Through the global poverty action fund DFID supplied £768, 666 to the Motivation Charitable Trust. The project targets some of the poorest and most marginalized groups in Malawi; 1, 000 children with cerebral palsy, 1, 000 mothers/caregivers and 2, 000 women and men with disabilities. The project aims to empower mothers to care for their children more effectively and pursue opportunities for income generation. As a result, children with disabilities have greater mobility and independence through sustainable wheelchair services, accessible schools and peer support, leading to increased school enrolment rate and reduced mortality rates.

207 The Ministry of Gender in corroboration with the Federation of Disability Organisations in Malawi (FEDOMA) is civic educating the general public to recognize the rights of people with disabilities. The Disability Act is presently being reviewed. Malawi has also

taken note of the Protocol on the Rights of Persons with Disabilities and consultations are underway towards its ratification.

Article 21 - Wealth and Natural Resources 208 At the moment, there are 211 companies involved in exploration and mining and the list is attached hereto as Annex 4.

209 The Mines and Minerals Act was enacted in 2019 to make provision with respect to searching for and mining of minerals. Section 3 of the Act spells out its objective, which is to regulate the development of the mineral resources of Malawi through adherence to sustainable development principles in order to benefit the economy and promote the economic growth of Malawi, protect and improve the welfare of the present and future citizens of Malawi, provide an attractive and conducive environment for investment in the mining sector, and to minimize or prevent economic declines related to decreased mining activity by creating through training and other means a foundation for the future, social economic empowerment, uplifting and development of local communities and regions affected by mining;

210 Section 5 of the Act establishes the Mineral Resources Committee which shall consist of the Commissioner who is appointed under Section 12 of the Act. The Committee is also composed of, among other public Officers, the Inspector General of Police and Secretary for Justice. The Committee shall meet at least once every two months.

211 Section 6 of the Act spells out the functions of the Committee. Some of its functions include to recommend for granting, applications for exploration licences, retention licences, medium scale mining licences and large-scale mining licences, recommend applications to expand the area of a medium-scale mining licence or large-scale mining licence, recommend, upon mandatory referral by the Commissioner, whether an exploration licence, retention licence or large-scale mining licence should be cancelled, to determine, on appeal by a mineral tenement holder, whether an emergency suspension order, is reasonable, and to deal with complaints concerning the holders of exploration licences, retention licences, medium-scale mining licences and large-scale mining licences.

212 According to Section 7 of the Act, an exploration licence, retention licence, medium- scale mining licence or large-scale mining licence shall not be granted unless the Committee has recommended the respective application, and any grant of a licence that contravenes this subsection shall be null and void.

213 Under Section 43 of the Act, any person who intends to carry on prospecting, reconnaissance, exploration or mining operations shall apply in the manner prescribed by the Act. The licence is granted by the Mineral Resources Committee whose decisions are appealable under Section 53 of the Act.

214 The granting of mineral rights within a Geological Survey Area is an open process and any person can compete in the process. Under Section 56, any part of a Geological Survey Reserve Area shall be available for competitive tendering. The Mineral Resources Committee Competitive tender process for mineral tenement may approve a competitive tender process to allocate mineral tenement areas that are located within a Geological Survey Reserve Area. The Act ensures that the competitive tender process is fair in that any person, including a public officer, who influences or seeks to influence the outcome of a competitive bidding process initiated under this Division, other than on the terms and conditions set out under section 56, commits an offence and shall, upon conviction, be liable to a fine of K30,000,000 and imprisonment for ten (10) years.

215 In relation to employment, a holder of a mining licence shall give employment preference to Malawian citizens and shall not import from outside Malawi unskilled labour for the carrying out of any of its mining operations undertaken under the licence. The holder is also required to formulate an employment training plan for the employees. The Act also incorporates issues of gender and disability in that the employment and training plan shall comply with the Gender Equality Act and provide measures to create a working environment that is free of sexual harassment and any form of discrimination on the basis of sex. The training plan shall also seek to promote the participation of women in employment and training opportunities, targeting a percentage of the jobs for women including management, technical professionals, clerical, skilled labourers and unskilled labourers. Further to that, the plan shall also seek to promote the inclusion of people with disability in accordance with the Disability Act. The Act also ensures the protection of children from

child labour by providing under Section 163 (7) (b) and (c) that a holder of a mining licence shall not employ or in any way use child labour or forced labour or promote trafficking in persons by recruiting trafficked persons.

216 Where a holder of a mining licence by its operations acquiring or gaining access to land causes any physical displacement of persons, they are required to make resettlement plan or compensation processes, as provided for under Section 225 of the Act.

Article 25- Duty to Promote Human Rights 217 In 2018, the National Statistical Office and the Ministry of Justice and Constitutional Affairs, conducted a Justice and Democratic Accountability Survey to assess the impact of sector policy goals and strategies in increasing access to justice and improving accountability and track progress made on a set of indicators laid down in the Democratic Governance Sector Strategy.

218 At national level, the results of the survey show that, 90.7 percent of all respondents are aware of their basic human rights and freedoms. The results further reveal that the proportion among members of the public who are aware of human rights and freedoms has almost doubled in the past seven years, rising from the 45.8 percent in the 2011 Malawi Justice Baseline, to the 90.7 percent reported in the current survey. The evidence of the high levels of awareness of human rights and freedoms reported above is reinforced by the findings from focus group discussions which also reflected very high levels of general awareness of human rights in general across all regions and in both rural and urban areas.

219 The results further show that 79.8 percent of the respondents mentioned right to food as most important human right; 69.9 percent mentioned the right to life as most important, 21.1 percent stated the right to personal liberty as most important; the right to education stood at 23.6, while the right to housing was mentioned at 28.5 percent.

220 In relation to violation of human rights, the survey shows that 13.0 percent of respondents experienced physical forms of violation, 12.6 percent had their rights verbally violated while 11.0 percent experienced psychological forms of violation and another 2.5 percent experienced sexual forms of violation.

221 In relation to the rights of communities around mining project sites, most locals around the mining project sites are peasant farmers and a few are employed in surrounding schools and medical health centers, among other employment offering institutions. Population rises in the communities range from tens to thousands.

PART B IMPLEMENTATION OF MAPUTO PROTOCOL SINCE 2015 222 Malawi remains committed to the full implementation of the Maputo Protocol. This being a periodic report we refer to the Commission’s guidelines on such reports which state that subsequent reports should cover the following:

 Measures taken to implement recommendations in the concluding observations of the Commission emanating from the examination of the previous report.  Measures taken to publicize and disseminate the concluding observations adopted after the examination of the previous report.  Progress made in the implementation of the Protocol since the last report.  The challenges faced in the implementation of the Protocol since the last report, and steps taken to address these challenges.  Future plans in regard to the implementation of the Protocol.  Include measures that have been taken to implement recommendations made during country visits by the Special mechanism on women’s rights.

223 Since the review of our initial report, tremendous progress has been made in the enjoyment, promotion and protection of the rights of women. As already indicated above, upon receipt of the COBs and Recommendations from the Commission, they were disseminated through the National Task Force on the Charter and to other stakeholders as well. The Recommendations were assigned to Ministries, Departments and Agencies for implementation. The National Task Force on the Charter held frequent meetings where progress reports were submitted by various MDAs. The Ministry of Gender, Children, Disabilities and Social Welfare has various Technical Working Groups on the rights of

women and children. These groups have been used to disseminate the COBs and Recommendations.

224 Part A of this report has extensively provided an update on the legislation, policies and action plans adopted since 2015. These highlight the progress that has been made as well as plans for the future in terms of implementation of the Charter and the Protocol. During the reporting period Malawi did not host the Special Rapporteur on the Rights of Women. Such a country visit would be welcome.

Articles 3, 4 and 5 - Protection of Women against Violence and Harmful Practices

218 Malawi has a remarkable legal, institutional and policy framework in place in order to eliminate all forms of violence against women. In terms of legislative measures, the Prevention of Domestic Violence Act (PDVA), the Marriage Divorce and Family Relations Act, Gender Equality Act and the HIV and AIDS (Prevention and Management) Act contain provisions that criminalize all forms of violence and harmful practices against women. The PDVA makes provision for the prevention of domestic violence and the protection of persons affected by domestic violence through issuance of inter alia; protection orders. The Malawi Law Commission has completed the review of the PDVA. A bill has been submitted to the Ministry of Justice and Constitutional Affairs.

225 The Penal Code is also used to prosecute perpetrators of violence against women with such offences as grievous harm, assault and unlawful wounding. The Penal Code does not criminalize marital rape. However, the Marriage Divorce and Family Relations Act under section 62, stipulates that a husband commits the offence of rape if he has sexual intercourse with the wife without her consent during judicial separation.

226 In 2016, the Magistrate Court in Nsanje convicted Eric Aniva for indulging in harmful practices contrary to section 5 of the Gender Equality Act. He was accused of knowingly having unprotected sexual intercourse with over 100 women while he was HIV positive.

The court sentenced him to 2 years’ imprisonment with hard labour. The case has set a precedent on prosecution of those who engage in harmful cultural practices.

227 The Gender Equality Act also criminalizes sexual harassment and if found guilty, the perpetrator shall serve up to five (5) years imprisonment and a fine. At policy level, a National Plan of Action to Combat Gender-Based Violence in Malawi (2014 – 2020) was adopted. The Plan of Action is the blueprint for all actions taken by Government to reduce the prevalence and prevent violence against women.

228 There are one stop centres aimed at assisting victims of GBV. These centres provide counselling, medical and psycho-social needs. There are about 18 one stop centres in major hospitals all over Malawi. In addition, the Malawi Police Service has Police Victim Support Units (PSVUs) within the Community Policing Services Branch. These units provide victims with emergency safety and protection as well as providing initial care and support to victims before being referred to hospitals or any relevant authority. There are also Community Victim Support Units (CVSUs) in rural and remote areas. Victims or friends and relatives of victims of gender based violence can also use the toll free line (116) to report cases. This toll free line is run by the Ministry of Gender, Children, Disability and Social Welfare (MoGCDSW) in conjunction with a Non-Governmental Organisation (NGO), Youth Net and Counselling (YONECO).

229 The Table below shows data from Police Victims Support Unit on gender based violence in Malawi in the last few years.

Table 16: Gender Based Violence Status 2015-2017 – Source – Malawi Police Service Year Physical Emotional Sexual Economical Total

2015 11000 823 1438 1245 14506

2016 9971 990 1960 1890 14811

2017 8975 7957 944 1488 19364

TOTALS 29946 9770 4342 4623 48681

Articles 2, 8, 9 and 12 – Equality and Non-discrimination

230 A woman’s right to participate in decision making begins at household or domestic level. The 2015-16 MDHS asked married women about their participation in three types of household decisions: her own health care, making major household purchases, and visits to family or relatives. Married women in Malawi are most likely to have sole or joint decision-making power about visiting family or relatives (78%) and their own health care (68%) and less likely to make decisions about major household purchases (55%). Overall, 47% of married women participate in all three decisions. Since 2000, married women’s participation in decision-making has steadily improved.

231 As observed during the review of our report in 2015, the number of women in political positions such as Members of Parliament significantly fell during the 2014 general elections. This was despite a 50-50 campaign which sought to increase the number of women representatives at local government and parliament levels. The programme was dubbed 50:50 campaign in order to increase the proportion of women to fifty per cent in the local government councils and the national assembly, thereby achieving gender parity. The programme had two specific objectives, namely, to increase number of female councilors from 9 per cent in 2000 to 50 per cent in 2014 general elections, and to increase the number of female Members of Parliament (MPs) from 22 per cent in 2009 to 50 per cent in 2014.

232 Official electoral results from the Malawi Electoral Commission indicate that the 2014 general elections brought only 16.5 per cent women in the National Assembly against 22 per cent in 2009 elections and 11 per cent against 9 per cent in 2000 local government elections. Thus, the proportion of women in Parliament reduced in spite of the programme. The proportion of women in local councils increased but the increase is not very significant in absolute terms as numbers of wards were arbitrary reduced for the 2014 elections on the basis of the 2010 amendments to the Local Government Act. In 10 of the 35 councils, there is not even a single female councilor. The failure to reach the intended target of parity in the 2014 led to serious self-reflection on what needed to be done in preparation for the 2019 general elections. Various recommendations were made and these include;

On design and improving effectiveness for results  In designing future programmes a detailed and better political economy analysis (PEA) of the low numbers of women in the National Assembly and Local Councils should be carried out. The results of the PEA should inform the design of the programme in terms of choices of actual interventions, a desired hierarchy of results to be achieved, stakeholder analysis and a robust and realistic theory of change for the programme.

 Future programming on increasing numbers of women in decision making structures should include deliberate efforts to consider advocacy on interventions informed by the approach of affirmative action. The approach of positive action used for the 2009 and 2014 elections delivers slow, unstable results in a context of pervasive patriarchal tendencies and practices.

 Advocacy and lobbying activities should clearly target relevant decision makers in a timely manner in order to influence the outcomes of decision points such as nomination of candidates in political parties.

 Community mobilization should go beyond short term concerns of making people aware of the intervention to include mobilization of communities to ensure positive change in voter behavior in favour of women and in supporting affirmative action measures within political parties and political decision making structures.

 Rather than providing cash hand-outs to support campaigns of female candidates, programmes of this nature should be more sensitive to the socio-political and economic contextual variables and the risk of fungibility;

On management, coordination and implementation  NGO GCN should craft capacity building interventions on gender and politics‟ in the context of Malawi’s political system, political culture and more in-depth skilling on approaches to political empowerment;

 NGO GCN should develop and implement a result-based advocacy strategy on political empowerment of women over and above providing electoral support to female candidates.

 The programme should have a clear strategy to engage political parties at national and local levels. In future, there is a need to target women wings of political parties to intensify the campaign within the parties and promote quotas for women in the political parties participating in the election.

 Implementing partners should be allocated districts or constituencies in relation to capacity levels and also within areas in which they normally work or operate. NGO GCN should conduct due diligence and mapping of implementing partners.

 The programme performance matrix should include relevant indicators, baselines, means of verifying and targets for measuring changes at outcome and output level.

 NGO GCN should develop and implement a capacity building programme for political parties on gender analysis, gender mainstreaming and approaches to women’s political empowerment;

 Implementing agencies should work with the grass root politicians (constituency governors and district governors) as they are the “primary gate keepers” to which candidate to contest and be supported. In essence they hold the political power of endorsing and introducing “winning and popular candidates” to the district and regional level.

 NGO GCN should find ways of improving on timely implementation of activities and should ensure that capacity building interventions, especially trainings are in- depth and timely to allow development of practical skills.

 As a strategy, the programme should engage more community based media houses in view of the observation that the media task force set concentrated in areas that were easily accessible at the expense of other areas in terms of coverage.

233 The 2019 Gender Profile indicates that there are fewer women than men the decision- making positions (per grade) in the civil service, and oversight institutions. It has been indicated that women occupy 33% of the positions at the head of public service level, and 8% at the deputy head level. In the non-decision making positions, at the principal and senior officer level, the gender profiling statistics show that women hold 33% and 30% of the positions respectively.

234 Tables 17 and 18 below show gender profiling in decision making positions and non- decision making positions in the civil service and oversight institutions as of March 2019.

Table 17 Gender profile in the decision making positions (per grade)–Civil Service and oversight institutions March 2019-Source Department of Human Resource Management and Development

Grade M % F % Total

A-Head of Public Service 2 67 1 33 3 Level B. Deputy Head of Public Service 12 92 1 8 13 Level C- Principal 22 59 15 41 37 Secretary level

D-Director 143 77 42 23 185 Level

E- Deputy 375 72 147 28 522 Director Level

F. Chief Officer 608 77 181 23 789 Level

Total 1162 75 387 25 1549

Table 18: Gender profile in the non-decision making positions (per grade)–Civil Service and oversight institutions March 2019-Source Department of Human Resource Management and Development

Grade M % F % Total 1050 70 448 30 1498 G- Principal Officer Level 1167 67 563 33 1730 H- Senior Officer Level 5563 66 2820 34 8383 I- Officer level J- Senior Assistant Officer 7520 64 4275 36 11795 Level 15074 66 7792 34 22866 K- Assistant Officer Level L- Senior Clerical Officer 30222 58 21628 42 51850 Level 8669 60 5748 40 14417 M- Clerical Officer Level 2526 84 474 16 3000 N- Driver Level O- Head Messenger/ Security 2188 64 1245 36 3433 Guard Level P- Messenger/ Security Guard 4528 63 2614 37 7142 Level 964 82 209 18 1173 Q- Cook/Gardner Level 2056 79 532 21 2588 R- Ground Labour Level 81527 63 48348 37 129875 Total

235 The Customary Land Act of 2016 provides for the inclusion of women in Land Committees. The Customary Land Committees are responsible for the management of customary land as opposed to the previous arrangement where traditional leaders were the managers. To ensure that there are women’s voices in the committees, Section 5(2) (b) of the Act provides that membership is to be comprised of six persons, at least three of whom shall be women. Similarly, membership of the customary land tribunals shall have at least three female members out of the six. The assumption with this arrangement is that if women are in the committees and tribunals, their interests will be taken on board.

236 Section 22 (2) (c) (i) protects women against discriminatory practices in the acquisition of land. It prohibits the treating of an application from a woman less favorably than an equivalent application from a man, a group of men or a mixed group of men and women. The Act also encourages committees to adopt or apply no adverse discriminatory practices or attitudes towards any person who has applied for a customary estate.

237 Women generally still lag behind men in the enjoyment of the right to education. According to MDHS 2015/2016, 12% of women and 5% of men aged 15-49 have no education. Nearly 6 in 10 women and men have attended primary school, while 23% of women and 32% of men have attended secondary education. Only 3% of women and 5% of men have more than secondary education. About three-quarters of women and 83% of men are literate.

238 For primary schools, enrolment of boys and girls has increased by 12% and 14%, respectively. The average gender parity index (GPI) between 2013 and 2017 is 1.01, which is also the average for standard 1 to standard 8. The results for secondary schools show marginal improvement between 2013 and 2017 where the GPI stands at 0.85 and 0.9 respectively. Despite the improvement, the index still stands less than 1. As such, more needs to be done to equal girls to boy’s access to secondary education. With respect to higher education, even though female enrolment in many public institutions is low, University of Malawi and Mzuzu University are moving towards a 50:50 enrolment target. However, MUST and Nalikule, which are science focused institutions, have a gender gap of more than 50%.

239 In 2017, the Gender Parity Index (GPI) for primary enrolment was 1.01, and 1.0 in the year 2018. Gender Parity Index (GPI) for secondary enrollment in 2017 was 0.90, and 0.92 in the year 2018.

Article 14 - Health and Reproductive Rights 240 In terms of the rights of women to sexual and reproductive health, the Maputo Protocol has largely been domesticated through various legislation such as the Gender Equality Act, Marriage Divorce and Family Relations Act and HIV/AIDS (Prevention and Management) Act. The status of child mortality and maternal mortality has significantly improved during the reporting period. According to the 2015-2016 Malawi Demographic and Health Survey

(MDHS), childhood mortality rates have declined since 1992. Infant mortality has decreased from 135 deaths per 1,000 live births in 1992 to 42 in 2015-2016. During the same period, under-5 mortality has markedly declined fourfold from 234 to 63 deaths per 1,000 live births.

Graph 11: Child Mortality Rates: Source – Ministry of Health and Demographic Survey – 2015 - 2016

241 The under-5 mortality rate differs by residence, district, and household wealth for the ten- year period before the survey. Children in rural areas are more likely to die young (77 deaths per 1,000 live births) than children in urban areas (60 deaths per 1,000 live births). Under-5 mortality is higher among children in the poorest households (83 deaths per 1,000 live births) than among children in the wealthiest households (60 deaths per 1,000 live births).

242 The 2015-16 MDHS asked women about deaths of their sisters to determine maternal mortality—deaths associated with pregnancy and childbearing. The maternal mortality ratio (MMR) for Malawi is 439 deaths per 100,000 live births for the seven-year period before the survey. The confidence interval for the 2015-16 MMR ranges from 348 to 531

deaths per 100,000 live births. Between 4 and 5 women age 15-49 died during pregnancy, childbirth, or within 42 days after childbirth.

243 Nearly all (95%) of women age 15-49 receive antenatal care (ANC) from a skilled provider (doctor, clinical officer, medical assistant, nurse, and midwife). The timing and quality of ANC are also important. One-quarter of women had their first ANC visit in the first trimester, as recommended. Half of women made four or more ANC visits.

244 Nine in ten women took iron tablets during pregnancy. Ninety percent of women’s most recent births were protected against neonatal tetanus. Among women who received ANC for their most recent birth, 96% had foetal heartbeat checked, 93% had a blood sample taken, 83% had their blood pressure measured, and 32% had a urine sample taken.

223 More than 9 in 10 births occur in a health facility, primarily in public sector facilities. However, 7% of births occur at home. Women with no education and those in the poorest households are more likely to deliver at home. Only 55% of births in 1992 were delivered in a health facility, compared to 91% in 2015-16. Overall, 90% of births are assisted by a skilled provider, the majority by nurses/midwives. Women in urban areas, those with secondary or higher education, those with a first birth, and those living in the wealthiest households are most likely to receive delivery assistance from a skilled provider. Skilled assistance during delivery has dramatically increased from 55% in 1992 to 90% in 2015- 16. Postnatal care helps prevent complications after childbirth. Forty-two percent of women age 15-49 receive a postnatal check within two days of delivery, while half did not have a postnatal check within 41 days of delivery. Six in ten newborns receive a postnatal check within two days of birth.

224 About 6 in 10 married women age 15-49 use a method of family planning—58% use a modern method and 1% use a traditional method. Injectables are the most popular modern method (30%), followed by implants (12%), and female sterilization (11%). Among sexually active, unmarried women age 15- 49, 43% use a modern method of family planning and 1% use a traditional method. The most popular methods among sexually active, unmarried women are injectables (15%), the male condom (14%), and implants (6%).

225 Use of modern methods of family planning varies by district. Modern method use ranges from a low of 31% in Mangochi to a high of 68% in Chiradzulu. Modern contraceptive use increases with wealth; 53% of women from the poorest households use a modern method of family planning, compared to 61% of women from the wealthiest households.

226 The use of any method of family planning by married women has dramatically increased from 13% in 1992 to 59% in 2015-16. Similarly, modern method use has increased eightfold from 7% to 58% during the same time period. The most common media source of family planning messages is the radio. Four in ten women and 64% of men heard a family planning message on the radio in the few months before the survey. Women and men were much less likely to have seen a family planning message on television or in a newspaper/magazine. Overall, 42% of women and 17% of men were not exposed to family planning messages via any media source.

227 HIV prevalence data were obtained from blood samples voluntarily provided by women and men interviewed in the 2015-16 MDHS. Of the 8,497 women and 7,542 men age 15- 49 eligible for testing, 93% of women and 87% of men provided specimens for HIV testing.

228 Overall, 8.8% of Malawians age 15-49 are HIV positive. By district, HIV prevalence is lowest in Salima (3.0%) and highest in Mulanje (20.6%). HIV prevalence is higher among women (10.8%) than among men (6.4%). HIV prevalence is higher among women and men living in urban areas. Among women, HIV prevalence is lowest at age 15-19 (3.3%) and highest at age 40-44 (19.8%). Among men, HIV prevalence is lowest at age 15-19 (1.0%) and highest at age 45-49 (19.2%).

229 The graph below shows the prevalence by residence of men and women between ages 15 to 49

Graph 12:HIV Percentage Of Residence of Men and Women aged 15 – 49 - Source -Malawi Health and Demographic Survey

Graph 13 – HIV Testing among adults – Source MHDS – 2015 -2016

229 Overall, 3.0% of Malawian youth age 15-24 are HIV positive. HIV prevalence is higher among young women (4.9%) than among young men (1.0%). HIV prevalence among youth increases with age. Among young women, HIV prevalence is lowest at age 15-17 (3.0%) and highest at age 23-24 (9.6%). HIV prevalence is lowest among both young women and young men in Northern region (2.4% and 0.3%, respectively) and highest in Southern region (6.3% and 1.6%, respectively).

Articles 6 and 7 - Rights Related to Marriage

230 In Malawi, the law guarantees a woman’s property rights upon celebrating a marriage. A woman is wholly entitled to the property she independently acquires before and during the substance of the marriage. The Constitution recognises in Sections 24 and 28 that a woman can, during the subsistence of a marriage, acquire, own or hold property, either singly or collectively, to the exclusion of the other spouse. The Courts have recognised that neither Section 24 nor Section 28 of the Constitution makes it automatic that, upon, during or after marriage, property belonging to either spouse be regarded as jointly held. (Kagwira v Kagwira (HC/PR Appeal Case No. 24 of 2012 (unreported)). Section 24 of the Constitution therefore invariably protects the property rights of women during the subsistence of the marriage.

231 The property rights of women are adequately protected on the dissolution of the marriage. Section 24 (1 ) (b) (i) of the Constitution grants women the right, on the dissolution of marriage, to a fair disposition of property that is held jointly with the husband. The protection applies to every form of marriage regardless of how it was contracted (Rachel Sophie Sikwese Vs. Gracian Zibelu Banda; MSCA Civil Appeal No. 76 of 2015). Where a judicial separation has been decreed under the Marriage, Divorce and Family Relations Act (MDFRA) , the spouses shall, from the date of the decree, and whilst the separation continues, be considered unmarried with respect to any property which each spouse may acquire individually during the period of separation and such property may be disposed of by each spouse individually in all respects as if he or she was not married to the other.

232 Under Section 48 (2) of the MDFRA, a wife is entitled to retain her maiden name or to use the surname of her husband, or both, during the subsistence of the marriage. If she prefers, she is entitled the continued use of the surname of her husband at the dissolution of the marriage, unless it is proved before a court that she used the name for an improper purpose or a fraudulent motive.

233 A woman is also guaranteed the retention of her citizenship or nationality during the subsistence of the marriage under Section 48 (4) of the Act.

234 The MDFRA sets the minimum age of marriage at 18. When reviewing marriage related laws, the Malawi Law Commission noted that in the case of the girl child, marriage below the age of eighteen is a health hazard and that early marriage has negative development implications. To harmonise the minimum age of marriage, the Constitution was amended in 2017 to set the minimum age of the child at 18, and removing parental consent for marriages of persons between the ages of 15 and 18.

235 The MDFRA makes provision for the registration of every marriage celebrated in accordance with the Act. The Registrar enters into the Marriage Register Book all particulars of certificates of marriage which have been filed in his or her office, place of worship or work in Form A in the First Schedule of the Act. The Marriage Register Book is made available for inspection during office hours and on application, a person may make certified copies from it upon payment of a fee.

236 Polygamy in civil marriages is strictly prohibited under Section 16 of the MDFRA. However, considering that these are still recognised at customary law, the law protects the property interests of a woman in reference to Section 24 (1) (b) (ii) and (ii) of the Constitution. There is however no specific marriage law that protects women in polygamous relationships. Considering that the provisions of the MDFRA apply to all marriages equally, women in polygamous relationships can invoke the same where need arises. In cases of widowhood, the Deceased Estates (Wills, Inheritance and Protection) Act has specific provisions on the protection of a spouse in a polygamous union.

237 Regarding the protection of children in the family, Section 48 (5) of the MDFRA charges spouses to severally, or jointly with the other, exercise responsibility towards the upbringing, nurturing and maintenance of the children of the marriage. The Act specifically states that the spouses have a duty to maintain the children of the marriage. Where a party to a marriage neglects to maintain the other party or to provide the needs

of the children to such an extent that the health, safety or security, nutrition and education of such other party or such children, as the case may be, is adversely affected, that neglect constitutes notifiable family misconduct and any of the persons named in section 88 (3) shall be under a duty to report the neglect to the Minister responsible for social welfare.

238 The Act also charges the court with the protection of children in that a marriage which has broken down and is being dissolved should be brought to an end with minimum distress to any affected children. The court shall also have the power to award custody in favour of either of the parents based on the best interests of the child.

Article 13 - Economic, Social and Cultural Rights

239 The National Gender Policy of 2015 indicates that food security is a major concern at household and national level in both rural and urban areas. In most cases, the woman has to fetch food to feed the family. This results into school drop outs especially on the girl child to support their mothers’ efforts in search of food. The direct result of food shortage is malnutrition, particularly amongst women and children, which is a major cause of maternal. In view of that, the Policy seeks to ensure that women and other vulnerable groups have access to and control over agricultural productive resources, technologies and markets for cash crops, food and nutrition security. The Government through the Ministry of Agriculture, Irrigation and Water Development implements a Farm Input Subsidy Programme across the country. The programme targets fulltime smallholder Malawian farmers that are resource poor of all gender categories.

240 Section 28 of the Constitution recognises equal ownership of property rights of men and women. Again, Section 24 provides that a woman has the rightto acquire and maintain rights in property, independently or in association with others, regardless of their marital status. The Customary Land Act 2016 guarantees a women’s access to land in that an application for a customary estate from a woman, or a group of women shall be treated

no less favourably than an equivalent application from a man, a group of men or a mixed group of men and women. Again, the Act prohibits adverse or discriminatory practices or attitudes towards any person who has applied for a customary estate. This in turn guarantees a woman’s access to land.

241 The Malawi National Land Policy 2002 identifies women as a vulnerable group whose land rights have been denied on the basis of customs and traditions that are no longer relevant, or they are totally disregarded due to prejudice and lack of effective representation.

242 Considering that most of the land in Malawi is customary, women access land through lineage. In matrilineal societies, women have better access to land than in patrilineal societies where women’s access to land is dependent upon their husband. In Malawi, as in several other African countries, national laws dealing with women’s right to own land coexist with a parallel set of customary laws. For example, when divorced women return to their natal villages (birthplaces), they may only use land through their male members of the family, or be allocated a piece of land by the chief or their clan members. In many cases, however, most widows are chased away from their natal villages. In recent years, efforts have been made to sensitize communities of women’s rights to land. As part of the Women’s Land Rights in Southern Africa (WOLAR) Project, rural women, men and traditional leaders have been sensitized on women’s rights and national land policies, and were educated through the REFLECT (Regenerated Freirean Literacy through Empowering Community Technique) methodology. Currently, there are 91 REFLECT Circles across Malawi, and a total of over 2,000 landless women were allocated land through the WOLAR Project.

Articles 20, 21, 22 and 23 - Rights of Specially Protected Women Groups

243 In 2011 Malawi passed the Deceased Estates (Wills, Inheritance and Protection) Act (DEWIPA). The Act makes for provision for protection of deceased estates; the administration of deceased estates; the prosecution of offences relating to deceased

100

estates. In relation to testate succession, a widow may where she has not been adequately provided for under a will, make application to the Court for such provision.

244 In case of an intestate, the Act provides for principles of distribution of property which particularly state that a spouse of the deceased is entitle to inherit any property of the deceased. In Section 3, the Act has significantly narrowed down primary beneficiaries to the deceased estate to immediate family, namely spouse and children. This has helped in strengthening protection of women’s property as an economic resource.

245 Where the deceased was in a polygamous union, the Act protects the surviving widows in that each widow living in a different locality shall be entitled to a share of the property of the intestate in their locality in accordance with the Act. No widow and her children shall have a claim to any share of the property of the intestate in the locality where another widow lives. If the intestate left more than one widow surviving him all living in the same locality, each widow and her children by the intestate shall be entitled to a share of the property of the intestate proportionate to their contribution.

246 Further to that, customary law which perpetrated property grabbing in the absence of a will no longer applies in the distribution of deceased estates. Instead, distribution of property follows the principles of fairness set out in the Act. This ensures the protection of widows from property grabbing. The Act also declares any property grabbing by a deceased spouse’s relatives to be a criminal act and subject to criminal prosecution.

247 Section 13 (j) of the Constitution provides that the state shall adopt policies and legislation to respect and support the elderly through the provision of community services and to encourage participation in the life of the community. In 2016 Malawi adopted a National Policy for Older Persons. The Policy establishes Community Elderly Committees which will be responsible for implementation of the policy in liaison with all other stakeholders under the coordination of the Ministry of Gender. For easy liaison, there will be a gender sensitive and inclusive representation in the committee consisting of not more than 10 older persons. One of the strategies under the Policy includes designing and implementation of old age gender sensitive and inclusive programmes.

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248 The Constitution under Section 13 (g) charges the State to adopt policies and legislation to enhance the dignity and quality of life of persons with disabilities by providing adequate and suitable access to public places fair opportunities in employment, and the fullest possible participation in all spheres of Malawian society.

249 Section 30 (1) of the Constitution which provides for the right to development states that women and persons with disabilities in particular shall be given special consideration in the application of this right.

250 Women and girls with disabilities who have suffered any form of injustice have the right to access justice in the Court. However, the majority of justice services in Malawi are largely not disability friendly. The Malawi Human Rights Commission Report on access to justice by persons with disabilities indicates that there are limited criminal justice providers that are equipped to communicate with women and girls with disabilities. There are only a few trained officers and they are desk officers based at Police headquarters in Lilongwe, far removed from the victims. The Human Rights Commission’s public inquiry on Disability in 2013 which found that the failure to provide training to the Malawi Police Service, Judiciary and Prison Service officials about the needs of persons with disabilities has led to their exclusion and denied them access to justice.

251 The inquiry also found that persons with hearing impairments and the deaf-blind, in particular, have problems accessing justice either as offenders, complainants or witnesses since some court officials in Malawi do not allow the use of sign language interpreters. This is due to unavailability of staff trained in sign language at the court. Persons with intellectual disabilities, in particular, are often regarded to be of “unsound mind” such that prejudice overrides rational consideration of situations by law enforcers and interpreters; hence denying those with intellectual disabilities access to justice.

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CHALLENGES IN THE IMPLEMENTATION OF THE CHARTER AND MAPUTO PROTOCOL

142 The report has demonstrated the tremendous progress that Malawi has made in the implementation of the rights entrenched in the Charter and the Protocol. Malawi has largely attained civil and political rights. Significant challenges however still remain in the enjoyment and protection of social and economic rights. Overall challenges include:

Weak implementation of laws and policies.  While Malawi boasts of very progressive laws and policies, there remains a huge implementation gap.

Resource Constraints

 With competing interests for resources, programs under human rights have not always made it on the priority list. As such this has affected progress in the implementation of human rights related programs.

Slow Pace of Institutional Reforms

 The new constitutional order in Malawi places radical human rights requirements on Government as the primary human rights defender. This has required state institutions to reform in line with the constitutional ideals. Such required reform has not been speedy enough and this has affected the pace of enjoyment and enforcement of human rights.

Lack of Public Awareness of Rights

 Despite progress in the general awareness of rights in Malawi there is still lack of awareness of rights.

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Annex 1 National Task Force Members

The following are the members of National Task Force on the CHARTER

1. Ministry of Justice and Constitutional Affairs (Chair) 2. Ministry of Gender, Children, Disability and Social Welfare 3. Ministry of Homeland Security 4. Ministry of Foreign Affairs and International Cooperation 5. Ministry of Health and Population 6. Ministry of Education, Science and Technology 7. Ministry of Labour and Vocational Training 8. Malawi Police Service 9. Malawi Prisons Service 10. Malawi Human Rights Commission 11. Law Commission 12. National Registration Bureau 13. National Statistical Office 14. The Office of the Ombudsman 15. The Department of Immigration 16. The Legal Aid Bureau 17. Malawi Judiciary 18. University of Malawi, Chancellor College Law School 19. Article III 20. Paralegal Advisory Service (PASI) 21. Centre for Human Rights Education Advice and Assistance (CHREAA) 22. Centre for the Development of People(CEDEP) 23. Youth and Society 24. Saccode Trust

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Annex 2: List of harmful practices prohibited by Section 4 of the HIV/AIDS (Prevention and Management) Act

1. Chimwanamaye 2. Fisi 3. Hlazi 4. Chijuramphinga 5. Kuchotsafumbi 6. Chiharo 7. Kuikarnwanakumalo 8. Kujuranthowa 9. Kulowa or kupitakufa 10. Kulowa or kupitangozi 11. Kupimbira 12. Kuponderaguwa 13. Kusamalamlendo 14. Kutsukamwana 15. Mbirigha 16. Gwamula 17. Mwanaakule 18. Bulangete la mfumu

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Annex 3 Malawi Communication Regulatory Authority

Radio and Television Broadcasting Licenses 2016

NUMBER OF PUBLIC RADIO STATIONS Name of radio station Location (1) Malawi Broadcasting Corporation (radio 1) Blantyre (2) Malawi Broadcasting Corporation (radio 2) Blantyre Total Number of Public Radio = 2

NUMBER OF PUBLIC TELEVISION STATIONS Name of TV Station Location (1) Malawi Broadcasting Television Blantyre Total Number of Public Television = 1

NUMBER OF PRIVATE RADIO STATIONS Name of Radio Stations Location (1) Malawi Institute of Journalism Blantyre (2) Zodiak Broadcasting Station Lilongwe (3) Joy Radio Station Blantyre (4) Capital Radio Station Blantyre (5) FM 101 Power Blantyre (6) Timveni Radio Lilongwe (7) Maziko Radio Lilongwe (8) Galaxy Radio Lilongwe (9) Beyond FM Lilongwe (10) Times Radio Blantyre (11) Luntha Radio Blantyre (12) Matindi Radio Blantyre (13) Timveni Radio Lilongwe (14) Sapitwa FM Thyolo

Total Number of Private Radio = 14

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NUMBER OF PRIVATE TELEVISION STATIONS Name of TV Stations Location (1) Times Television Blantyre (2) Luntha Television Blantyre (3) AFJ Television Blantyre (4) Timveni Television Lilongwe (5) Gateway Television Lilongwe (6) BETA Television Lilongwe (7) Tele-Pursuit Television Lilongwe (8) Matindi Television Blantyre (9) Ufulu Television Blantyre (10) Pentecostal life Television Lilongwe (11) Galaxy Television Lilongwe (12) CAN Television Lilongwe (13) Sunrise Television Blantyre (14) Rainbow Television Blantyre (15) Laura Television Blantyre (16) Angeliba Television Blantyre (17) Television Islam Blantyre (18) Independent Television Network Blantyre (19) Joy Television Blantyre (20) Luso Television Blantyre (21) SDA Television Blantyre Total Number of Private Televisions = 21

NUMBER OF PRIVATE COMMUNITY RADIO STATIONS Name of Radio Station Location (1) Radio Alinafe Lilongwe (2) Radio Maria Mangochi (3) Transworld Radio Lilongwe (4) ABC Radio Lilongwe (5) Usisya Community Radio Nkhatabay (6) Radio Tigabane Mzuzu (7) Calvary Family Radio Blantyre (8) Living waters Radio Blantyre (9) Radio Islam Blantyre (10) Seventh day Adventist Blantyre (11) Channel for All Nations Lilongwe

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(12) Nkhotakota Community Radio Nkhotakota (13) Chancellor College Radio Zomba (14) Mwandama Radio Zomba (15) Nyathepa Community Radio Nsanje (16) SDA Radio Blantyre (17) CCAP Blantyre Synod Radio Blantyre (18) Mzimba Community Radio Mzimba (19) YONECO FM Zomba (20) Pentecostal life FM Lilongwe (21) Rainbow FM Blantyre (22) Angeliba FM Blantyre (23) Radio Act Zomba (24) Limbe Muslim Jamat FM Blantyre (25) KarongaDiocese(Tuntufya FM) Karonga (26) National Assembly Radio Lilongwe (27) Dziko FM Lilongwe (28) Dzimwe Community Radio Mangochi (29) CCAP Nkhoma Synod Radio Lilongwe (30) CCAP Livingstonia Radio Mzuzu (31) Mudziwathu Community Radio Mchinji (32) Gaka FM Nsanje (33) Umoyo FM Mangochi (34) Chirundu FM Nkhatabay (35) Radio Dinosaur Karonga (36) Neno FM Neno (37) Radio Bembeke Dedza (38) Mzati FM Mulanje (39) Likoma FM Likoma (40) Nthalire Radio Chitipa (41) Ufulu FM Blantyre Total Number of Community Radios = 41

Each Radio Stations Figure No of Radios Public Radio Stations 2 Private Radio Stations 14 Community Radio Stations 41 Total Number of Radio Stations = 57

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Each Television Station Figures No of Stations Public TV Station 1 Private TV Stations 21

Total Number of TV Stations = 22

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Annex 4 Information on extractive industries and human rights:

Info from mineral sector provided by Department of Mines

LICENCE NAME OF COMPANY ACTIVITY BEING TYPE OF NATURAL NO UNDERTAKEN RESOURCES (MINERAL(S)) EPL0225 Paladin (Africa) Ltd Exploration of the listed Uranium minerals EPL0260 Tengani Titanium Minerals Exploration of the listed Apatite, gold, copper, diamond, (ttm)limited minerals heavy mineral sand, EPL0284 Lancaster Exploration Exploration of the listed Fluorite, iron ore, manganese, Limited minerals monazite, niobium, phosphate, rare earth elements, strontium, thorium, uranium EPL0303 Lancaster Exploration Exploration of the listed Columbite, molybdenum, rare Limited minerals earth elements, s, tantalite, yttrium EPL0325 Spring Stone Limited Exploration of the listed Bauxite, rare earth elements minerals EPL0355 McCourt Mining Pty Exploration of the listed Coal, kaolonitic clay Limited minerals EPL0365 Mpatsa Holdings Limited Exploration of the listed Rare earth elements minerals EPL0393 Tate Minerals (pty) Ltd Exploration of the listed heavy mineral sand, minerals EPL0397 Dantasie Mining Limited Exploration of the listed Coal minerals EPL0400 Sealand Investments Exploration of the listed Clay Limited minerals EPL0401 Sealand Investments Exploration of the listed Feldspar Limited minerals EPL0402B Sealand Investments Exploration of the listed Silica sand Limited minerals

110

LICENCE NAME OF COMPANY ACTIVITY BEING TYPE OF NATURAL NO UNDERTAKEN RESOURCES (MINERAL(S)) EPL0403 Sealand Investments Exploration of the listed Kyanite Limited minerals EPL0404 Sealand Investments Exploration of the listed Dolomite Limited minerals EPL0405 Sealand Investments Exploration of the listed Kaolonitic clay Limited minerals EPL0413 McCourt Mining Pty Exploration of the listed Base metals, coal Limited minerals EPL0417 Paladin (africa) Ltd Exploration of the listed Uranium mineral EPL0418 Paladin (africa) Ltd Exploration of the listed Uranium minerals EPL0421 Globe Metals & Mining Exploration of the listed Feldspathoids, granite, niobium, Exploration (africa) Ltd minerals rare earth elements, tantalum, uranium zircon EPL0427 Why Limestone Mining Exploration of the listed Limestone minerals EPL0434 Njati Mining Corporation Exploration of the listed Coal minerals EPL0435 Trident Group Of Exploration of the listed Iron ore Companies minerals EPL0436 Zasco Mining Company Exploration of the listed Vermiculite Limited minerals EPL0437 Mid West Minerals Exploration of the listed Black granite Limited minerals EPL0438 Mid West Minerals Exploration of the listed Black granite Limited minerals EPL0439 Difference Construction Exploration of the listed Rock aggregate minerals EPL0440 H.W.M Resources Limited Exploration of the listed Coal minerals

111

LICENCE NAME OF COMPANY ACTIVITY BEING TYPE OF NATURAL NO UNDERTAKEN RESOURCES (MINERAL(S)) EPL0441 Chakhala Enterprises Exploration of the listed Corundum minerals EPL0442 Mindeco Exploration of the listed Coal, rare earth elements, minerals tungsten, uranium EPL0443 African Mining Limited Exploration of the listed Base metal, coal, lead minerals EPL0447 Plinth Mining Group Exploration of the listed Gold, base metals, phosphate, Limited minerals lead, platinum group metals, uranium zircon EPL0448 Times Unity Mining Exploration of the listed Gold, niobium, rare earth Company Limited minerals elements, tantalum, uranium EPL0449 Mount Carmel Exploration of the listed Rock aggregate Construction Limited minerals EPL0450 Surya Mining Company Exploration of the listed Silver, gold, coal, copper, heavy Limited minerals mineral sand, manganese, lead , uranium zinc EPL0451 Surya Mining Company Exploration of the listed Silver, gold, coal, copper, heavy Limited minerals mineral sand, manganese, lead , uranium zinc EPL0452 Surya Mining Company Exploration of the listed Silver, gold, coal, copper, heavy Limited minerals mineral sand, manganese, lead , uranium zinc EPL0453 Chikale Resources Limited Exploration of the listed Gold, coal, copper, heavy mineral minerals sand, manganese, lead, uranium zinc EPL0454 Ocean Star Company Exploration of the listed Gold, niobium, rare earth Limited minerals elements, tantalum, thorium EPL0455 Trinity Ventures Inc. Exploration of the listed Black granite, chrome, nickel minerals EPL0456 Vision Corporation Exploration of the listed Dolerite Limited minerals EPL0457 IRS Private Limited Exploration of the listed Dimension stone

112

LICENCE NAME OF COMPANY ACTIVITY BEING TYPE OF NATURAL NO UNDERTAKEN RESOURCES (MINERAL(S)) minerals EPL0458 IRS Private Limited Exploration of the listed Dimension stone minerals EPL0459 Shabri Building Solutions Exploration of the listed Rock aggregate minerals EPL0461 Chiwandama Enterprises Exploration of the listed Coal minerals EPL0462 Tahit Networks Civil Exploration of the listed Rock aggregate Engineering Contractors minerals EPL0463 Tahit Networks Civil Exploration of the listed Rock aggregate Engineering Contractors minerals EPL0464 Lion Ore Resources Pty Exploration of the listed Base metals, coal Limited minerals EPL0465 HWM Resources Limited Exploration of the listed Base metls, iron ore, rare earth minerals elements EPL0466 North Light Investments Exploration of the listed Copper, nickel, zinc Company Limited minerals EPL0467 PSM Investments Exploration of the listed Limestone minerals EPL0468 Bano Construction Exploration of the listed Rock aggregate Company minerals EPL0469 Shire Power Corporation Exploration of the listed Coal Ltd minerals EPL0470 Tushiya Gold Mining Exploration of the listed Gold, base metal Company Limited minerals EPL0471 Aluma Civil Engineering Exploration of the listed Rock aggregate minerals EPL0472 Tatai International Mining Exploration of the listed Base metal, nickel, niobium, lead, Company Limited minerals uranium EPL0473 HAMAN COMPANY Exploration of the listed Base metal, precious metals LIMITED minerals

113

LICENCE NAME OF COMPANY ACTIVITY BEING TYPE OF NATURAL NO UNDERTAKEN RESOURCES (MINERAL(S)) EPL0474 Mawei Exploration Exploration of the listed Heavy mineral sand Company Limited minerals EPL0475 Lancaster Exploration Exploration of the listed Silver, corundum, gold, coal, Limited minerals chrome, columbite, copper, iron, feldspar, fluorite, lithium, manganese, molybdenum, EPL0476 Hua Run Mining Limited Exploration of the listed Gold, base metal, nickel, lead, minerals zinc EPL0477 DIKA CONSTRUCTION Exploration of the listed Rock aggregate COMPANY minerals EPL0478 Crown Minerals Limited Exploration of the listed Gold, niobium, rare earth minerals elements, tantalum, uranium EPL0479 Graphite Africa Limited Exploration of the listed Coal, lead, zin minerals EPL0480 Chunghwa Mining Exploration of the listed Silver, gold, coal, copper, galena, Company Limited minerals nickel, zinc EPL0481 WAN PENG Exploration of the listed Sodalite INTERNATIONAL minerals COMPANY LIMITED EPL0482 Kaziwiziwi Mining Exploration of the listed Coal Company minerals EPL0483 Graphite Africa Limited Exploration of the listed Coal, lead, zinc minerals EPL0484 Graphite Africa Limited Exploration of the listed Coal, lead, zinc minerals EPL0485 ZRS LIMITED Exploration of the listed Coal, galena, zinc minerals EPL0486 ZRS LIMITED Exploration of the listed Coal, lead, zinc minerals EPL0487 ZRS LIMITED Exploration of the listed Coal galena, zinc minerals EPL0488 Njati Mining Corporation Exploration of the listed Coal, iron ore, titanium

114

LICENCE NAME OF COMPANY ACTIVITY BEING TYPE OF NATURAL NO UNDERTAKEN RESOURCES (MINERAL(S)) minerals EPL0489 Paladin (africa) Ltd Exploration of the listed Uranium minerals EPL0490 GAMBA MINING Exploration of the listed Coal COMPANY minerals EPL0491 IVORY CLAYS LTD Exploration of the listed Kaolonitic clay minerals EPL0492 McCourt Mining Pty Exploration of the listed Base metal, coal Limited minerals EPL0493 Lafarge Cement Company Exploration of the listed Limestone Limited minerals EPL0494 Rockfields Limited Exploration of the listed Alkali feldspars, pegmatite vein minerals minerals, spodumenee EPL0495 Chaser Construction Exploration of the listed Silver, gold, cobalt, columbite, Company Limited minerals granite, nickel, palladium, precious metals, platnum, tantalum, zinc EPL0496 Chaser Construction Exploration of the listed Gold, precious metals Company Limited minerals EPL0497 J.P. Import and Export Exploration of the listed Coal minerals EPL0498 Yazam Mining Company Exploration of the listed Coal Limited minerals EPL0499 Yazam Mining Company Exploration of the listed Coal Limited minerals EPL0500 S & A Resources Private Exploration of the listed Base metal, rare earth elements Limited minerals EPL0501 S & A Resources Private Exploration of the listed Base metal, rare earth elements Limited minerals EPL0502 Paladin (africa) Ltd Exploration of the listed Uranium minerals

115

LICENCE NAME OF COMPANY ACTIVITY BEING TYPE OF NATURAL NO UNDERTAKEN RESOURCES (MINERAL(S)) EPL0503 C & M SUPER STORE Exploration of the listed Coal COMPANY LIMITED minerals EPL0504 OG Quarry Limited Exploration of the listed Limestone minerals EPL0505 Xiang Yun International Exploration of the listed Gold Mining Company Limited minerals EPL0506 J.P. Import and Export Exploration of the listed Coal minerals EPL0507 Century Holdings Exploration of the listed Rock aggregate minerals EPL0508 Enandal Gemstone and Exploration of the listed Sodalite Mining minerals EPL0509 S & K Gold Mining Exploration of the listed Corundum, gold minerals EPL0510 K.G.N. Resources Exploration of the listed Gold, base metal, platinum group minerals metals EPL0511 OG Quarry Limited Exploration of the listed Rock aggregate minerals EPL0512 MELUCKY MINING Exploration of the listed Copper, quartz LIMITED minerals EPL0513 MINESTONE COMPANY Exploration of the listed Limestone LIMITED minerals EPL0515 XAI XAI ENTERPRISES Exploration of the listed Coal minerals EPL0516 SREE GROUPS Exploration of the listed Coal PRIVATE LIMITED minerals EPL0517 Ebenezer Concrete Exploration of the listed Rock aggregate Products Limited minerals EPL0518 K.G.N. Resources Exploration of the listed Rare earth elements minerals EPL0519 VICTORY LIMITED Exploration of the listed Zircon

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LICENCE NAME OF COMPANY ACTIVITY BEING TYPE OF NATURAL NO UNDERTAKEN RESOURCES (MINERAL(S)) minerals EPL0520 VICTORY LIMITED Exploration of the listed Rare earth elements minerals EPL0521 Huang Tianling , Deng Exploration of the listed Base metal, heavy mineral sand, Jianfu , HD Mining minerals limestone Company Limited EPL0522 SABA LIMITED Exploration of the listed Gold minera EPL0523 Worl Wide Construction Exploration of the listed Rock aggregate Company Limited minerals EPL0524 Hama Construction Exploration of the listed Rock aggregate Company minerals EPL0525 Tahit Networks Civil Exploration of the listed Rock aggregate Engineering Contractors minerals EPL0526 OCHAN MINIUNG Exploration of the listed Copper, quartz COMPANY LIMITED minerals EPL0527 KINGDOM Exploration of the listed Copper DEVELOPMENT minerals LIMITED EPL0528 McCourt Mining Pty Exploration of the listed Gold Limited minerals EPL0529 K.G.N. Resources Exploration of the listed Heavy mineral sand, niobium minerals EPL0530 WDH MINES COMPANY Exploration of the listed Gold LIMITED minerals EPL0531 OCHAN MINIUNG Exploration of the listed Base metal, rare earth elements COMPANY LIMITED minerals EPL0532 MELUCKY MINING Exploration of the listed Base metal, rare earth elements LIMITED minerals EPL0533 Invest-Pack Solutions Exploration of the listed Coal minerals

117

LICENCE NAME OF COMPANY ACTIVITY BEING TYPE OF NATURAL NO UNDERTAKEN RESOURCES (MINERAL(S)) EPL0536 Tahit Networks Civil Exploration of the listed Limestone Engineering Contractors minerals EPL0537 McCourt Mining Pty Exploration of the listed Gold, base metal, coal, titanium Limited minerals EPL0538 NYIKA VALLEY Exploration of the listed Quartz COMPANY minerals EPL0539 Pezani General Dealers Exploration of the listed Coal Limited minerals EPL0540 Multi Trader Exploration of the listed Limestone minerals EPL0541 Cheng Limited Exploration of the listed Granite minerals EPL0544 Mka Exploration Limited Exploration of the listed Silver, gold, bauxite, coal, minerals chrome, cobalt, columbite, copper, clay, fluorite, ilmenite sand, iron ore, kaolinite EPL0545 McCourt Mining Pty Exploration of the listed Gold, coal, titanium Limited mineral EPL0546 Donghai International Exploration of the listed Quartz Limited minerals EPL0547 Donghai International Exploration of the listed Sodalite Limited minerals EPL0548 CONTINENTAL EXPO Exploration of the listed Silver, gold, base metal, coal, LIMITED minerals copper, nickel, lead, platinum group metals, zinc EPL0550 Fisd Limited Exploration of the listed Black granite minerals EPL0278R Lime Company Exploration of the listed Limestone minerals EPL0341R Rift Valley Mining Exploration of the listed Coal, copper, limestone 2 Company (pty) Ltd mineral EPL0359R Sri Sai Mining Limited Exploration of the listed Heavy mineral sand

118

LICENCE NAME OF COMPANY ACTIVITY BEING TYPE OF NATURAL NO UNDERTAKEN RESOURCES (MINERAL(S)) minerals EPL0372R McCourt Mining Pty Exploration of the listed Base metals, Graphite Limited minerals EPL0399 Sri Sai Mining Limited Exploration of the listed Heavy mineral sand minerals EPL0422 Varibo Mining Company Exploration of the listed Gold minerals EPL0445 Shayona Cement Exploration of the listed Volcanic tuffs Corporation minerals EPL0445 Shayona Cement Exploration of the listed Volcanic tuffs Corporation minerals EPL0446 Shayona Cement Exploration of the listed Limestone Corporation minerals EPL0460 Shayona Cement Exploration of the listed Limestone Corporation minerals ML0002 Terrastone Limited Mining the listed mineral Rock aggregate (s) ML0003R Master Stone Breakers Mining the listed mineral Rock aggregate (s) ILOMBA GRANITE CO. Mining the listed mineral Sodalite LTD (s) ML0075R Zalewa Agriculture Lime Mining the listed mineral Limestone Company (s) ML0118R Kaziwiziwi Mining Mining the listed mineral Coal Company (s) ML0122 Lynas Africa Limited Mining the listed mineral Rare earth elements (s) ML0130R Shayona Cement Mining the listed mineral Iron ore Corporation (s) ML0134R Terrastone Limited Mining the listed mineral Rock aggregate (s)

119

LICENCE NAME OF COMPANY ACTIVITY BEING TYPE OF NATURAL NO UNDERTAKEN RESOURCES (MINERAL(S)) ML0135R Mean Jalawe Coal Mine Mining the listed mineral Coal (s) ML0142R Shayona Cement Mining the listed mineral Limestone Corporation (s) ML0143R Malcoal Mining Limited Mining the listed mineral Coal (s) ML0152 Paladin (africa) Ltd Mining the listed mineral Uranium (s) ML0163 Crown Minerals Limited Mining the listed mineral Heavy mineral sand (s) ML0164R Cpl-mchenga Coal Mines Mining the listed mineral Coal Limited (s) ML0172 Optichem 2000 (malawi) Mining the listed mineral Apatite, phosphate Limited (s) ML0173R Lime Company Mining the listed mineral Limestone (s) ML 0174R Lisikwa Investments Mining the listed mineral Coal (s) ML0175 Mota Engel Engenharia E Mining the listed mineral Rock aggregate Construcao Africa (s) ML 0180 Cement Products (MW) Mining the listed mineral Limestone Limited (s) ML 0182 Cilcon Limited Mining the listed mineral Rock aggregate (s) ML 0184R Mota Engel Engenharia E Mining the listed mineral Rock aggregate Construcao Africa (s) ML 0187 Bwanje Cement Products Mining the listed mineral Limestone (s) ML0189R Mota Engel Engenharia E Mining the listed mineral Rock aggregate Construcao Africa (s) ML0193 Mwabvi Coal Mine Mining the listed mineral Coal

120

LICENCE NAME OF COMPANY ACTIVITY BEING TYPE OF NATURAL NO UNDERTAKEN RESOURCES (MINERAL(S)) (s) ML0194R Mota Engel Engenharia E Mining the listed mineral Rock aggregate Construcao Africa (s) ML0195 Ddy General Dealers Mining the listed mineral Coal (s) ML0196 Mota Engel Engenharia E Mining the listed mineral Rock aggregate Construcao Africa (s) ML0197 Premier-Teamwork Mining Mining the listed mineral Coal (s) ML0198 Kulimba Mineral Mining the listed mineral Limestone Resources Limited (s) ML0199 Nkhauti Trading Mining the listed mineral Coal (s) ML0200 Lafarge Cement Company Mining the listed mineral Limestone Limited (s) ML0202 Tijan Mining Company Mining the listed mineral Coal, galena (s) ML0203 Z.Z.T.H Wealth Company Mining the listed mineral Rock aggregate Limited (s) ML0204 Rift Valley Mining Mining the listed mineral Limestone Company (pty) Ltd (s) ML0207 Zunguziwa Quarry Limited Mining the listed mineral Rock aggregate (s) ML0211 Odox Quarry Limited Mining the listed mineral Rock aggregate (s) ML0213 Zagaf Cement Sales Mining the listed mineral Coal (s) ML0214 African Consolidated Mining the listed mineral Iron ore Mining Sa (s) ML0215 Njati Mining Corporation Mining the listed mineral Coal (s)

121

LICENCE NAME OF COMPANY ACTIVITY BEING TYPE OF NATURAL NO UNDERTAKEN RESOURCES (MINERAL(S)) ML0217 Mota Engel Engenharia E Mining the listed mineral Rock aggregate Construcao Africa (s) ML0218 World Of Granite Mining the listed mineral Pink granite (s) ML0219 African Bricks & Tiles Mining the listed mineral Clay (s) ML0220A Lafarge Cement Company Mining the listed mineral Limestone Limited (s) ML0221 Mota Engel Engenharia E Mining the listed mineral Rock aggregate Construcao Africa (s) ML0222 Mota Engel Engenharia E Mining the listed mineral Rock aggregate Construcao Africa (s) ML0223 Mota Engel Engenharia E Mining the listed mineral Rock aggregate Construcao Africa (s) ML0224 Zunguziwa Quarry Limited Mining the listed mineral Rock aggregate (s) ML0225 Sino Sky Industrial Mining the listed mineral Rock aggregate Company Limited (s) ML0226 Sino Sky Industrial Mining the listed mineral Rock aggregate Company Limited (s) ML0227 Capital Stone Breakers Mining the listed mineral Rock aggregate (s) ML0228 Mount Carmel Mining the listed mineral Rock aggregate Construction Limited (s) ML0229 Dantasie Mining Limited Mining the listed mineral Coal (s) ML0230 Plinth Mining Group Mining the listed mineral Gold Limited (s) ML0231 Zunguziwa Quarry Limited Mining the listed mineral Rock aggregate (s) ML0234 Sawa Group Limited Mining the listed mineral Rock aggregate

122

LICENCE NAME OF COMPANY ACTIVITY BEING TYPE OF NATURAL NO UNDERTAKEN RESOURCES (MINERAL(S)) (s) ML0235 Mawei Mining Company Mining the listed mineral Heavy mineral sand Limited (s) ML0236 Zhejiang Communications Mining the listed mineral Rock aggregate Construction Group Co., (s) Ltd ML0237 Sino Sky Industrial Mining the listed mineral Limestone Company Limited (s) ML0239 OG Quarry Limited Mining the listed mineral Rock aggregate (s) ML0241 Zalewa Agriculture Lime Mining the listed mineral Limestone Company (s) ML0046R Shayona Cement Mining the listed mineral Limestone Corporation (s) ML0125R Terrastone Limited Mining the listed mineral Rock aggregate (s) ML0159R Terrastone Limited Mining the listed mineral Rock aggregate (s) ML0161R Premier Construction Mining the listed mineral Rock aggregate Equipments Limited (s) ML0208 Zunguziwa Quarry Limited Mining the listed mineral Rock aggregate (s) ML0210 Rocksizer Mining Mining the listed mineral Rock aggregate Contractor Limited (s) ML0220B Strabag International Mining the listed mineral Rock aggregate Limited (s)

123