Republic of Malawi
Head of state and government: Arthur Peter Mutharika (replaced Joyce Banda in May)

Those responsible for the deaths of two students in 2011 and 2012 were not brought to justice. Homosexuality continued to be criminalized under the penal code, although commitments were made to decriminalize consensual same-sex sexual activity. Death sentences continued to be imposed; no executions were carried out.

Background

Controversy surrounded the general elections held on 20 May, with the then President Joyce Banda attempting to have the elections nullified, alleging fraud. However, opposition candidate Arthur Peter Mutharika's Democratic Progressive Party was declared the winning party following a High Court ruling. The new government faced perennial problems of deepening poverty, poor service delivery, mass unemployment, limited access to justice, gender-based violence and child marriages.

During the "hunger season" prior to the 2014 harvest, more than 1.4 million people in rural areas were at risk of malnutrition.

International scrutiny

In July, Malawi appeared before the UN Human Rights Committee for consideration of the country's first periodic report under the ICCPR. Among other things, the Committee recommended the amendment of Malawi's Human Rights Commission Act to give the Commission full independence in line with the UN Paris Principles. The Committee also recommended that Malawi adopt the Prison Act in conformity with international standards; strengthen the capacity and independence of the Inspectorate of Prisons and establish mechanisms to consistently consider its recommendations and make them public; and facilitate complaints from detainees.

Impunity

Three police officers facing charges of manslaughter following the death in custody of Edson Msiska on 29 January 2012 in Mzuzu were discharged in July after state prosecutors failed to appear in court; no reason was given for their failure to appear. The charges were reinstated in August. Edson Msiska, a college student, died in suspicious circumstances four days after his arrest for alleged possession of stolen property.

The case of Robert Chasowa, a student activist who was found dead in suspicious circumstances in September 2011, remained unresolved, despite the 2012 recommendations of the Chasowa Commission Report which named some suspects.

Rights of lesbian, gay, bisexual, transgender and intersex people

Despite commitments by the previous and current governments that arrests of adults engaged in consensual same-sex sexual activity would be suspended, two men faced charges under the country's anti-homosexuality laws. The two men, who were arrested in May, were on remand at the end of the year. If convicted, they would face up to 14 years' imprisonment with hard labour.

In July, Solicitor General and Secretary for Justice Dr Janet Banda told the Human Rights Committee that while homosexual acts remained criminalized, such acts were not prosecuted by law enforcement agencies. She also reported that a process for the Malawi Law Commission to review the penal laws criminalizing same-sex acts had stalled largely due to financial constraints. Specifically, the Law Commission had been asked to give an opinion on the constitutionality of Articles 137A, 153 and 156 of the Penal Code, criminalizing homosexuality.

Death penalty

Death sentences continued to be imposed; no executions had been carried out since 1994.

Disclaimer: © Copyright Amnesty International

This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.