CEDAW Concluding Observations: Malawi, 2023
Published: 14/Nov/2023
Source: UN CEDAW Committee
Concluding observations on the eighth periodic report of Malawi, CEDAW/C/MWI/CO/8
Extract:
Constitutional and legislative framework and visibility of the Convention and the Optional Protocol to the Convention
9. The Committee welcomes the developments in the constitutional and legislative framework since the consideration of the seventh periodic report, in particular with respect to the prohibition of child marriage and the protection of women ’s right to nationality. However, it notes with concern:
(a) That some statutory and customary laws and regulations still contain discriminatory provisions that are incompatible with the Convention, in particular the Witchcraft Act, Police Service Standing Order 31, section 137A of the Penal Code and the Marriage, Divorce and Family Relations Act;
(b) That awareness of the Convention and the Committee’s general recommendations is limited among the judiciary, law enforcement officials,
government officials and the general public;
(c) That the State party has not yet ratified the Optional Protocol.
[…]
Nationality
29. The Committee welcomes that the Malawi Citizenship (Amendment) Act of 2019 and the Marriage, Divorce and Family Relations Act of 2015 have removed the barriers that restricted women from conferring citizenship on their foreign spouses, granting a spouse the right to retain double nationality during the subsistence of marriage. The Committee is concerned, however, at the scarce public awareness and limited application of these laws by State agents, given that non -Malawian women who are married to Malawian men still face challenges to acquire Malawian nationality or change nationality. The Committee is also concerned that, notwithstanding the fact that the National Registration Act of 2010 makes birth registration compulsory, registration is available only to documented applicants, which excludes asylum-seeking women and girls.
30. The Committee recommends the State party conduct awareness-raising campaigns and systematic capacity-building for State agents on the application of the Malawi Citizenship (Amendment) Act of 2019 and the Marriage, Divorce and Family Relations Act of 2015. It also recommends that the State party ratify the Convention on the Reduction of Statelessness and eliminate all barriers to birth registration faced by asylum-seeking women and girls.