From 20 to 30 October 2022, the Malawi Legal Aid Bureau was part of the Malawi delegation to the 73rd Ordinary Session of the African Commission on Human and Peoples’ Rights that took place at the Sir Dawda Kairaba Jawara International Conference Centre in Banjul, The Gambia.
The Bureau was represented by its Director Masauko Chamkakala and Deputy Director Trouble Kalua.
Among other things, a number of State Party Reports as well as reports from National Human Rights Institutions and Non-Governmental Organizations were considered during the session.
The Malawi delegation presented a Status of Human Rights Report which emphasized that the country continues to work hard to ensure that it registers significant progress in the protection and promotion of the rights of its citizens paying particular interest to vulnerable groups such as women, children, older persons, and persons with disabilities.
A statement presented on behalf of the delegation by Senior Assistant Chief State Advocate in the ministry of Justice, Angela Tamanda Kaunda, pointed out that a Penal Code (Amendment) Bill was recently approved by Cabinet and tabled before Parliament during the August 2022 sitting. It was later referred to the Legal Affairs Committee of Parliament. The parliamentary committee will then make its report before the entire Parliament during the November 2022 sitting.
There are hopes that the Bill will be passed, a development that will allow the Penal Code (Amendment) Bill to decriminalise sedition; and enhance the legal framework for terrorism and sexual offences against children and persons with mental disabilities.
Access to justice for the vulnerable is also improving with support from government and cooperating partners. In the same vein, a proposal to amend the Legal Aid Act has been made to allow for limited right of audience in courts for paralegals. It is hoped that the amendment will be tabled in the coming sitting of Parliament slated for 14 November, 2022.
The statement also touched on progress that Malawi is making in enjoyment of civil and political rights, as well as fighting corruption.
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