The Committee on Economic, Social and Cultural Rights today concluded its review of the initial report of Malawi, with Committee Experts commending the State's long-term development plan and asking about high levels of public debt and poverty.
One Committee Expert said it was very welcome that the State party had a long-term development plan.
Aslan Abashidze, Committee Expert and country rapporteur, said Malawi had an unsustainable public debt, fiscal imbalances, and increased reliance on official development assistance. Debt servicing made up 24 per cent of the total budget. Were there steps being taken to maximise the availability of resources?
Another Committee Expert said more than 50 per cent of the population lived below the poverty line, while around 25 per cent lived in extreme poverty. More than three million people did not have access to safe drinking water. What measures were in place to address poverty?
Amani Mussa, Director of Legislative Drafting Services, Ministry of Justice of Malawiand head of the delegation, introducing the report, said Malawi was implementing the Malawi 2063 Agenda, which aimed at transforming Malawi into a self-reliant and industrialised upper-middle-income country by 2063. The agenda focused on enhancing agricultural productivity, driving industrialisation, and promoting urbanisation, while also emphasising economic resilience to ensure sustainable growth and improved living standards for all Malawians.
Malawi's economy was currently facing significant challenges, including slow growth, high inflation and a large fiscal deficit, Mr. Mussa said. The Government was committed to implementing economic reforms aimed at stabilising the economy, enhancing food security, and promoting sustainable development. Support from international partners remained crucial.
To address public debt, the delegation said, the Public Finance Management Act created a "debt retirement fund", which collected levies on goods and services and allocated those resources to retiring public debt. The World Bank provided mostly grants to Malawi, minimising the potential for further increases in public debt. To diversify the economy, the Government was implementing policies promoting crop diversification and expansion of the tourism industry.
The delegation reported that, as a measure to address poverty, the Government had expanded cash transfers and food assistance to vulnerable households. In 2023, Malawi had provided cash transfers to 1.6 million households, and 1.5 million small-scale farmers had benefitted from State support programmes. Extreme poverty rates had fallen from 22 per cent in 2023 to 18 per cent in 2024 as a result of these efforts. The State party had also increased access to clean drinking water in targeted rural areas by 40 per cent, with over 1,000 boreholes constructed in 2023.
In concluding remarks, Mr. Abashidze said the dialogue had been intensive but constructive. He expressed hope that the State party would give due consideration to the Committee's recommendations and that progress would be achieved before the next dialogue with the Committee.
Mr. Mussa, in concluding remarks, said Malawi looked forward to receiving the concluding observations, which would guide the State party in refining legislative frameworks and ensuring that the fundamental rights of its citizens were fulfilled. Malawi remained committed to implementing the Covenant to the greatest extent possible to improve the wellbeing of its people.
In her concluding remarks, Laura-Maria Craciunean-Tatu, Committee Chair, thanked the State party for its commitment to the Committee's reporting process, and welcomed that it had committed to implementing the rights enshrined in the Covenant.
The delegation of Malawi was comprised of representatives from the Ministry of Justice; Ministry of Gender, Community Development and Social Welfare; Ministry of Labour; Ministry of Education; Law Commission; Malawi Human Rights Commission; and the Permanent Mission of Malawi to the United Nations Office at Geneva.
All the documents relating to the Committee's work, including reports submitted by States parties, can be found on the session's webpage. Webcasts of the meetings of the session can be found here, and meetings summaries can be found here.
The Committee is scheduled to next meet in public at 5:30 p.m. on Friday, 27 September to close its seventy-sixth session.
Report
The Committee has before it the initial report of Malawi (E/C.12/MWI/1).
Presentation of Report
AMANI MUSSA, Director of Legislative Drafting Services, Ministry of Justice of Malawi and head of the delegation, said financial and technical restraints had delayed the submission of Malawi's initial report, which was completed in 2021 and submitted in 2022. Malawi used an inter-ministerial committee mechanism for reporting and follow-up on its United Nations treaty obligations, which was chaired by the Ministry of Justice and comprised ministries, departments, agencies and civil society organizations.
The Bill of Rights in the Constitution remained the bedrock of Malawi's human rights architecture. The Constitution provided an array of economic, social and cultural rights to be enjoyed without discrimination. To give further effect to these rights, the Government had enacted various pieces of legislation, including the Education Act, the Public Health Act, and the Employment Act. Since 2022, new legislation was implemented towards this aim on land rights, labour relations, border control, natural resources, disasters, the tobacco industry, and investment promotion.
Malawi was implementing the Malawi 2063 Agenda, which aimed at transforming Malawi into a self-reliant and industrialised upper-middle-income country by 2063. It focused on enhancing agricultural productivity, driving industrialisation, and promoting urbanisation, while also emphasising human capital development, good governance, environmental sustainability, and economic resilience to ensure sustainable growth and improved living standards for all Malawians. Various policies and strategies had been adopted to give effect to this blueprint.
Malawi's economy was currently facing significant challenges, including slow growth, high inflation, and a large fiscal deficit. The COVID-19 pandemic had exacerbated existing vulnerabilities, leading to a decline in key sectors such as tourism and agriculture. Despite these challenges, the Government was committed to implementing economic reforms aimed at stabilising the economy, enhancing food security, and promoting sustainable development. Support from international partners remained crucial.
To improve access to health, the Government was increasing the number of community health centres and had trained more healthcare workers to enhance service delivery. In education, efforts included improving school enrolment by addressing impediments to children staying in school, such as nutrition and access to sanitary facilities for girls; and improving the quality of education through curricula reforms and infrastructure development. To ensure access to clean water, the Government was investing in the provision of potable water and sanitation facilities. Additionally, initiatives were underway to boost food security through agricultural programmes. To improve housing, the Government would soon begin implementing Project 250, in which the Malawi Housing Corporation planned to build 250,000 housing units by 2030.
The Government was taking steps to support marginalised groups, including women, children, persons with disabilities, and the elderly. The Older Persons Act, Persons with Disabilities Act, and the Penal Code (Amendment) Act were some of the pieces of legislation enacted to enhance the protection of these groups. Additionally, initiatives were in place to enhance the participation of marginalised groups in decision-making processes and to address gender-based violence and discrimination. The Government was actively implementing social protection programmes to support the ultra-poor in meeting their basic needs. Some of the programmes being implemented included the social cash transfer programme, the affordable inputs programme, and the school meals programme.
Malawi was experiencing the negative effects of climate change. Cyclone Freddy, which made landfall in Malawi in March 2023, brought with it torrential rains, mudslides and floods, affecting around 2.5 million people. Earlier this year, Malawi experienced localised flooding and droughts, forcing the President to declare a state of disaster in the affected districts. The newly enacted Disaster Risk Management Act of 2023 mandated the representation of marginalised groups, such as persons with disabilities, in disaster risk management committees at the local level.
The Government was in the process of consulting the necessary stakeholders on whether Malawi should ratify the Optional Protocol to the Covenant. The Malawi Human Rights Commission, an independent national human rights institution that enjoyed an "A" status accreditation under the Paris Principles, had a Directorate for Economic, Social and Cultural Rights empowered to investigate any allegations of violation of economic, social and cultural rights, conduct research and public inquiries, and make recommendations to the Government. The Commission was also overseeing the implementation of the Access to Information Act, which was crucial in vindicating the rights of citizens against acts perpetrated by public officers.
While Malawi was making progress in implementing the Covenant, challenges remained, including inadequate resources to implement progressive laws and policies, lack of coordinated data collection, limited training for key professionals, and weak inter-agency coordination. Malawi reaffirmed its commitment to fully implementing the Covenant and appealed for technical assistance from international and regional partners to build the necessary capacity.
Questions by a Committee Expert
ASLAN ABASHIDZE, Committee Expert and Country Rapporteur, said the initial report had been expected in 1995, so it was 27 years late, but the Committee was nevertheless pleased to receive it. International treaties could not be invoked in courts in Malawi unless they were domesticated. What was the status of the Covenant in the legal system? Which legislative acts implemented its provisions? How many court cases had referenced the Covenant?
The Malawi Human Rights Commission and the Ombudsman had similar mandates. Were there overlaps in these institutions' mandates? Did civil society actively participate in the drafting of the State party's report? How did the Government select non-governmental organizations to participate in decision-making processes, and was there a website on which non-governmental organizations could post their views? How were these views incorporated into laws and policies? What laws provided protection measures for human rights defenders? Had such measures been implemented?
Malawi had one of the smallest greenhouse gas footprints in the world, but was being affected by climate change. Did the State party have a plan to reduce emissions and adapt to climate change? The main products produced by Malawi were tobacco, tea and sugar, accounting for 30 per cent of gross domestic product. These were considered to be harmful products. What was the status of Malawi's national action plan on business and human rights?
Malawi's growth and development strategy aimed to address poverty and other socio-economic challenges. The State had unsustainable public debt, fiscal imbalances, and increased reliance on official development assistance, while budgetary allocations for health and education were below international standards. Were there steps being taken to maximise the availability of resources? How was the Government fighting corruption, which reportedly remained endemic?
There was no comprehensive anti-discrimination law addressing both direct and indirect discrimination in Malawi. Was the Law Commission or the Parliament working to adopt such a law? What steps had been taken in this regard?
Were there official statistics on migrants, including migrant workers? Why was there no official migration policy? What steps had been taken to improve living conditions in refugee camps? What measures would the State party take to address harmful practices and discrimination against persons with albinism, leprosy and HIV/AIDS?
The Gender Equality Act was adopted in 2014 and there was a national action plan on women's rights. However, substantive inequality hindered women's enjoyment of economic, social and cultural rights. What progress had been made in improving women's representation in public and private sectors, and in decision-making positions in the last five years? What measures were envisaged to improve the situation of women and girls with disabilities?
Responses by the Delegation
The delegation said Malawi had a dualist system, hence Parliament needed to domesticate international treaties to bring them into effect. All the rights addressed in the Covenant were also addressed in the Constitution. The standards of international instruments were also incorporated in national legislation. There were cases in which the Covenant had been cited by courts, including cases on the right to life.
The Ombudsman mainly focused on issues of maladministration, while the Human Rights Commission focused on human rights violations. The Ombudsman Act that was adopted in 2024 clarified the role of the institution. All relevant civil society organizations were consulted when laws and policies were developed. Human rights defenders operated freely in Malawi. They could file complaints regarding violations to the Human Rights Commission, which sensitised them regarding complaints mechanisms.
The Government had implemented measures to reduce carbon emissions, including investment in renewable energy and sustainable practices. Privatised solar power and hydropower production was being expanded. The Green Climate Fund had been established to fund six projects promoting climate change adaption and food security. The project aimed to benefit over 500,000 vulnerable persons. Around 10 per cent of the national budget in the 2023-2024 financial year was devoted to climate considerations. The Government had not adopted a policy on business and human rights but was in the process of developing an action plan on the subject.
Corruption was a cancer that Malawi was facing. The State had created the Anti-Corruption Bureau, which had powers to investigate and prosecute corruption cases and engage in public awareness. The Bureau also developed national action plans on fighting corruption, which included all sectors of society, in an effort to eradicate corruption. Currently, the Law Commission was developing legislation on whistleblower protection. All public bodies needed to create an internal integrity committee, which was trained by the Anti-Corruption Bureau. All public sector employees needed to publicly declare their assets.
The Government was developing a labour migration policy, which was in its final stages. The policy aimed to facilitate safe and orderly migration. Questions on migration status would also be included in the labour population census.
The Government conducted sensitisation campaigns aimed at preventing violence against persons with albinism and had developed a multi-sectoral action plan on the protection of persons with albinism, which included measures to prevent violence against this group and provide safe and secure houses for them. Children with albinism were included in the Child Parliament. Courts provided steep penalties for murders of persons with albinism. There had been 215 cases registered in the courts concerning violence against persons with albinism, with 79 cases currently under investigation.
The Constitution prohibited discrimination on any basis. The Government had developed a law that aimed to eliminate discrimination against vulnerable groups in public and private institutions. It had also developed legislation promoting the rights of persons with disabilities to work, health and education rights, and reasonable accommodation. A judicial council had been established to investigate complaints from persons with disabilities.
Around 41 per cent of Cabinet members were women, as were the Speaker of the National Assembly and the President and Deputy President of the Cabinet. Around 35 per cent of directors in Government departments and 50 per cent of Ambassadors were women, as were the Ombudsperson and the Director of the Human Rights Commission. The "50-50" campaign aimed to ensure that women would hold 50 per cent of positions in elected offices in future.
Malawi's refugee camp was overcrowded. The Government was working to establish another camp to address overcrowding. All essential services were available at the camp. The State party was reviewing international and regional standards with a view to developing an appropriate legal framework on refugees and asylum seekers.
Follow-Up Questions by Committee Experts
Committee Experts asked follow-up questions on the time taken for Malawi to submit reports under other international human rights treaties; methodologies being implemented to follow-up on recommendations issued by treaty bodies; the role civil society organizations played in developing the State report; challenges faced in the process of domesticating Covenant provisions; impact assessments undertaken on the efficacy of climate change adaption policies; challenges faced by Malawi regarding its debt burdens and development partnerships; and steps taken to ensure that debt servicing, which made up 24 per cent of the total budget, did not have a negative impact on the availability of resources.
Other follow-questions concerned measures to ensure the independence and effectiveness of the Anti-Corruption Bureau; whether the State party was reviewing its encampment policy regarding refugees; initiatives to combat illicit financial flows and tax evasion; subsidies being provided for climate resilience projects; concrete plans to address the negative effects of tobacco, tea and sugar production; whether the national action plan on eradicating corruption for 2008 to 2013 had been actualised; and cultural taboos concerning persons with albinism.
One Committee Expert said it was very welcome that the State party had a long-term development plan. The damage caused by the recent flood indicated that Malawi lacked sufficient infrastructure. The State party needed to find its own way to make its resources available to fulfil the rights of its population.
Responses by the Delegation
The delegation said technical and financial support from international partners had helped Malawi to produce reports for other treaty bodies more quickly. Malawi faced challenges in terms of resources but was doing everything possible to promote the rights of its citizens. It had yet to conduct an overall audit of the development support it had received; it planned to do so in future.
The Public Finance Management Act created a "debt retirement fund", which collected levies on goods and services and allocated those resources to retiring public debt. The World Bank provided mostly grants to Malawi, minimising the potential for further increases in public debt. The Anti-Corruption Bureau enjoyed financial and operational independence. The appointment of its director was a transparent process.
To diversify Malawi's economy, the Government was implementing policies promoting crop diversification and expansion of the tourism industry. It was providing training to tourism operators and easing visa restrictions to encourage tourism. It had also adopted new legislation to address the problems being faced by the mining sector. A regulatory body had been established for the sector and measures had been implemented to increase its profitability.
Malawi was currently reviewing the Refugee Act in consultation with stakeholders, considering whether to change the State's stance on refugee camps. Attacks on persons with albinism were a relatively new phenomenon that existed in many countries in the region. The Government was studying the causes of the phenomenon.
Questions by a Committee Expert
A Committee Expert said the youth unemployment rate was 40.5 per cent in Malawi, and 31 per cent of youth were not in employment, education or training. What measures were in place to promote young people's participation in employment and training? Women had lower labour participation rates and high representation in low paying jobs. What measures were in place to address gender segregation in the labour market, promote women's access to formal work, and address the gender pay gap? What steps had been taken to promote employment opportunities for persons with disabilities?
The Committee was concerned about forced labour in the agricultural sector, particularly in tobacco plantations. A law had been adopted to address this practice, but it persisted. What measures would the State party take to combat forced labour and protect victims? Had an assessment into the root causes of forced labour been carried out?
State legislation prohibited workplace sexual harassment, but such harassment was endemic in the agricultural sector. Some women working in the tea plantation sector had been subjected to rape and gender-based violence. What measures were in place to combat sexual violence in the workplace, prosecute perpetrators, and provide remedies for victims?
A large portion of the population was working in the informal economy. What inspections into the informal sector had been carried out in the last three years and what violations had been identified?
The social cash transfer programme reportedly reached only 10 per cent of ultra-poor households. Coverage was not provided for persons with disabilities. What plans were in place to strengthen social protection and increase its coverage? The Pensions Act applied to both the formal and informal sector but many workers in the informal sector, as well as refugees and migrants, were not covered by pensions. What measures were in place to address this?
Responses by the Delegation
The delegation said the Government had implemented measures to improve access to education and training for young people, increasing funding for educational programmes and vocational training centres. Around 15,000 young people had benefited from vocational training in 2023; more than 5,000 scholarships had been awarded to disadvantaged youth to attend vocational training. An initiative was in place to provide young people with training on coding and digital literacy, and a memorandum of understanding had been reached with local banks to provide low-interest loans to young entrepreneurs. Around 3,400 youth had completed training on entrepreneurship. The national job creation strategy of 2021 had been successful in creating additional employment opportunities for youth.
A nationwide Labour Inspection Service for the informal sector had been launched to identify violations in the sector. Programmes were in place to strengthen the agricultural infrastructure to promote youth employment and address food insecurity.
The Constitution guaranteed the right to work for all, and the Persons with Disabilities Act included provisions promoting equal opportunities in the labour market. Working environments needed to be made open and inclusive for persons with disabilities. Discrimination of persons with disabilities in employment matters was prohibited. Employers were required to provide the necessary adjustments to ensure that persons with disabilities could carry out their work safely, and to establish grievance mechanisms for persons with disabilities. Businesses needed to report the share of positions in their workforce occupied by persons with disabilities.
Questions by Committee Experts
A Committee Expert welcomed that the State party had implemented several measures to implement Covenant rights, despite the challenges it faced. There were children in Malawi who were subjected to forced labour, trafficking, commercial sexual exploitation, and forced marriages. What measures were in place to combat all harmful practices and exploitation of children? What had been the results of the national strategy on ending child marriage for 2018 to 2023?
More than 50 per cent of the population lived below the poverty line, while around 25 per cent lived in extreme poverty. Two in every three people could not meet their basic needs and more than three million people did not have access to safe drinking water. What measures were in place to address poverty, particularly among children? What progress had been achieved by various social protection programmes? What measures were in place to ensure that the poorest groups had access to nutritious food, and to promote investment in efficient and reliable food systems? What impact had national development, food security, water and sanitation policies had?
Despite progress made in addressing key health issues, maternal mortality rates remained high. Many women and girls were subjected to obstetric violence in health centres. What measures were in place to allocate at least 15 per cent of the national budget to healthcare? How would the State party ensure the availability of reproductive health services, particularly in rural areas, promote access to abortions, and prevent obstetric violence in healthcare centres? What progress had been made by drug harm reduction programmes? Was civil society involved in the rehabilitative process? Did Malawi intend to decriminalise personal consumption of drugs? What measures were in place to ensure that prisoners were detained in safe conditions that did not expose them to transmissible diseases?
Responses by the Delegation
The delegation said the Constitution included the right to fair and safe labour conditions, and the Employment Act criminalised forced labour, punishing it with two years' imprisonment. Efforts were underway to strengthen labour inspections on informal businesses, with training being provided to labour inspectors. In high-risk industries, labour inspections were frequent. Over 790 inspections were conducted in 2023. If violations were found, business licences could be revoked, or the business involved was fined. In criminal cases, responsible persons were tried in court. Victims of forced labour were provided with social services and psychosocial support.
The Government had revised legislation to criminalise sexual harassment in the workplace. Training was provided to employers and employees on preventing and reporting sexual harassment. In 2023, the Government adopted a policy for preventing and penalising sexual harassment in the civil service. The Human Rights Commission had trained institutions on combatting sexual harassment and had investigated complaints. The Government would soon ratify International Labour Organization Convention 190 on workplace harassment.
The Pensions Act 2024 established a national pension scheme, which was open to all, including people in the informal sector. Implementation of the Act would significantly improve social protection for workers in the informal sector. It was mandatory for employers to pay a portion of salaries to the pension scheme.
The Constitution and State legislation mandated equal pay for work of equal value. To improve data on the gender pay gap, the Government was requiring employers to disclose salary information. It was also working to improve women's access to high paying jobs typically held by men.
In response to the displacement of 1.2 million individuals after Cyclone Freddy in 2023, the Government had established 776 camps. Access to food, water and sanitation had been major challenges in the camps. The Government had provided mobile health services. The national food insecurity response plan helped to promote access to employment opportunities in agriculture for internally displaced persons.
Substantial progress had been made in reducing discrimination based on HIV status in the workplace through awareness raising campaigns. The Government was enforcing the HIV Prevention and Management Act, which prohibited discrimination based on HIV status. The national action plan on HIV/AIDS included measures to encourage workplaces to provide voluntary counselling and testing services related to HIV. The percentage of workers who felt comfortable disclosing their HIV status had risen from 30 to 60 per cent in recent years.
The legal age of marriage and the age of sexual consent had been set at 18. Child protection committees and mentorship programmes had been set up at the local level, and awareness raising campaigns on child marriages were also being carried out. Child marriages had increased during the COVID-19 pandemic as a result of school closures. The Government had developed a national strategy to end child marriage, which promoted girls' education and mobilised traditional leaders to end child marriages. Almost 20,000 girls had been rescued from child marriages, although 21 per cent of these girls had returned to these marriages due to a lack of continued support. The Government was working to strengthen support for girls who had been rescued from child marriages to reduce the rate of return.
The Government had ratified key international conventions and implemented laws that safeguarded the rights of child refugees. Child protection committees and safe spaces had been established within refugee camps, which monitored children's wellbeing and provided psychological support. The Government and non-governmental organizations were training workers in camps on child protection standards.
Almost two-thirds of children lived in multi-dimensional poverty. The Government had expanded cash transfers and food assistance to vulnerable households. It had provided cash transfers to 1.6 million households in 2023, and 1.5 million small-scale farmers had benefitted from State support programmes in 2023. The Government aimed to expand irrigation infrastructure to safeguard agricultural production during droughts. The affordable farm inputs programme provided subsidised seeds and fertiliser to boost production. The emergency food assistance programme had supported over one million drought-affected individuals. Extreme poverty rates had fallen from 22 per cent in 2023 to 18 per cent in 2024 as a result of these efforts.
The State party had increased access to clean drinking water in targeted rural areas by 40 per cent. Over 1,000 boreholes had been constructed in 2023. The Government was implementing solar water distillation technologies to improve the safety of drinking water in rural areas. Around 87 per cent of the population now had access to safe drinking water, and policies had led to a significant decrease in water-borne diseases. Over 1,000 communities had been declared "open defecation free". There had been a 30 per cent decrease in diarrheal diseases.
Emergency food distribution efforts reached more than one million people in 2023. The State's nutrition strategy had helped to reduce stunting and vitamin deficiencies. The Government was focused on screening children for malnutrition. Parents received counselling on breastfeeding and child nutrition.
To address obstetric violence, sexual and reproductive health services were expanded in 2022 and a hospital ombudsperson had been placed in each hospital. They had registered over 200 complaints, which had a 46 per cent resolution rate. Training had been provided to health care workers on reducing obstetric violence.
The Government was committed to increasing public spending on health to 15 per cent of the national budget. The budget for health had increased by 35 per cent between 2021 and 2023. It was providing adolescents with access to youth-friendly sexual and reproductive health through youth clubs and health care facilities. Youth community agents conducted outreach clinics in rural areas. Between 2021 and 2023, contraceptive use had increased to above 48 per cent. Counselling was provided to survivors of sexual violence.
Over 100,000 women sought illegal abortions annually. The Government was working to upgrade and expand safe abortion facilities and reduce stigma surrounding abortions. It was providing care for persons who had been harmed by unsafe abortions. The Government did not plan to decriminalise substance abuse but was working to shift the paradigm on drug use. The national drug use policy aimed to curb demand and supply and expand harm reduction measures.
Follow-Up Questions by Committee Experts
Committee Experts asked follow-up questions on measures to support women's access to inheritance rights and land titles; measures to prevent forced eviction of small-scale farmers; and whether the State party was considering decriminalising abortion.
Responses by the Delegation
The delegation said there were places where the land rights system was matrilineal, but in places where the system was patrilineal, women were at a disadvantage. Land tribunals with at least 40 per cent representation of both genders had been set up in local areas. Legislation required that all applications for land rights needed to be treated equally. Women who felt that they were disadvantaged in the inheritance process could make appeals to these land tribunals. The Government was sensitising communities on how to access redress and legal aid services.
The delegation was aware of two cases involving forced evictions. A court decision had been delivered on one case, finding that the company involved did not have the right to evict the community. Procedural rules on land disputes were being developed to protect the rights of vulnerable people. Tribunals had not been operationalised in some areas; efforts were being made to scale up their establishment.
The Government was developing a bill that would allow for access to abortion when there were threats to the life of the woman or the foetus and in cases of rape.
Questions by a Committee Expert
A Committee Expert said primary education was free and compulsory in Malawi, but the primary completion rate was at around 57 per cent across the country, and was only around 25 per cent in rural areas. The upper secondary completion rate was only four per cent. What measures were in place to address dropouts and increase completion rates?
How was the State party addressing abuse by teachers, which was one of the main reasons for dropouts among girls? What measures were in place to ensure that child marriages and teenage pregnancies did not harm the right to education of girls? How was the State party addressing stigma related to teenage pregnancy? Only 18.9 per cent of children who completed primary education had foundational literacy skills. How was the State party working to improve the quality of education and training for teachers? There was a severe lack of school infrastructure and sanitation facilities in schools. What steps had been taken to increase the education budget and improve school infrastructure, addressing damage caused by natural disasters?
Around 44 per cent of persons with disabilities had never attended school, and most of those who did attend were placed in segregated schools. What measures were in place to promote inclusive education and implement the national strategy on inclusive education? How had the State party ensured the provision of qualified teachers and adapted materials suited to the needs of persons with disabilities?
What impact had the policy to acknowledge cultural diversity had? What steps had been taken to provide access to sports facilities for girls, persons with disabilities, and persons living in rural areas? How was the State party working to provide access to the internet in poor areas?
Responses by the Delegation
The delegation said the national education policy and various education projects aimed to address the inadequate number of primary schools and inadequate school facilities, and high student to teacher ratios. Investments had been made in constructing safe classroom infrastructure. The construction of 10,900 classrooms was underway, targeting schools with high class numbers. Support had been provided to increase teacher numbers in rural areas. The school feeding programme and health care support in schools were being strengthened. The primary enrolment rate had increased by 12 per cent between 2021 and 2023. Around 5,000 bursaries were provided to ultra-poor students to cover costs of books and school supplies. The Government had completed the construction of 30 schools in 2023, and another 44 new schools were close to completion. Around 100 secondary schools were being upgraded. The budget for education had been increased.
The State party was enforcing penal provisions to bring teachers who abused girls to justice. Courts imposed harsh penalties for such crimes. Children received information on recognising and preventing sexual violence. The Government was collecting data on girls who married or became pregnant while in school. There had been a decline in girls' dropout rates thanks to campaigns that changed attitudes related to teenage pregnancy and increased access to sanitary pads in schools. The Government organised camps for teenage mothers, which trained them in supporting their children while continuing their education. Girls who were pregnant or married had access to flexible learning programmes.
The Government was implementing both inclusive and special needs education for children with disabilities. There had been an increase in the number of children participating in inclusive education in recent years. Specialised materials and assistive devices were provided to children with disabilities. The safe school programme aimed to improve the accessibility of school infrastructure. The number of classrooms with accessible facilities had increased in recent years. Funding for inclusive education had increased over the past 10 years and over 1,000 teachers had been trained on inclusive pedagogical approaches.
The Digital Malawi Project and the national information and communication policy aimed to improve internet infrastructure, set up digital hubs in rural areas, and expand the coverage of mobile internet services in rural areas.
Malawi had signed the Convention on the Safeguarding of Intangible Cultural Heritage to protect its culture from globalisation. The Government was implementing measures to preserve traditional artistic expressions and culture. The national arts heritage bill, which was currently before Parliament, aimed to greater promote the right to culture.
The Ministry of Education was currently reviewing the curricula for pre-primary, primary and secondary literacy education and had developed a national foundational learning programme. To improve the teacher to pupil ratio, a new teacher training facility had recently been opened, doubling the State's capacity for teacher training. Teacher recruitment had increased in recent years.
Follow-Up Questions by Committee Experts
One Committee Expert said the State party's readmission policy for girls who fell pregnant and amendments to the Constitution and legislation to prevent child marriages were very commendable.
Committee Experts asked follow-up questions on steps to ensure the full implementation of the readmission policy; address social norms and stigma that inhibited adolescent mothers from continuing their education; include all religious minorities into the school system without discrimination; and on challenges and priorities for promoting the right to education.
Responses by the Delegation
The delegation said the readmission policy had been revised to address implementation issues and ensure that teachers readmitted students without bias. Adolescent mothers were provided with psychosocial support to rejoin the education system smoothly. In 2018, the dropout rate for girls was over 10 per cent, while it was currently at 5.9 per cent.
The Constitution guaranteed the right to education for all children. Guidelines had been issued instructing all public schools to accept Rastafarian students and students who wore the hijab. Three years ago, the Government passed the Peace and Unity Act, which provided for the establishment of district peace communities to address religious intolerance.
The Government would prioritise promoting access to education at primary and secondary levels and increasing teacher enrolment over the next five years.
Closing Remarks
ASLAN ABASHIDZE, Committee Expert and Country Rapporteur, said the dialogue had been intensive but constructive. He expressed hope that the State party would give due consideration to the Committee's recommendations and that progress would be achieved before the next dialogue with the Committee. In closing, Mr. Abashidze called on the State party to ratify the Optional Protocol to the Covenant and to update its Common Core Document.
AMANI MUSSA, Director of Legislative Drafting Services, Ministry of Justice of Malawi and head of the delegation, said that the Committee had posed valuable questions during the constructive dialogue. Malawi looked forward to receiving the concluding observations, which would guide the State party in refining legislative frameworks and ensuring that the fundamental rights of its citizens were fulfilled. Malawi remained committed to implementing the Covenant to the greatest extent possible to improve the wellbeing of its people. Mr. Mussa extended gratitude for international partners such as the United Nations Development Programme, which had supported the State party to participate in the dialogue, and called on the international community to increase its support for the State.
LAURA-MARIA CRACIUNEAN-TATU, Committee Chair, thanked the delegation for its commitment to the Committee's reporting process. She welcomed that the State party had committed to implementing the rights enshrined in the Covenant. The Committee would address three areas for immediate action in its concluding observations. It expected to have an exchange with Malawi on their implementation in two years' time.
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