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
4