111
Consequently, the policy is guided by the Constitution, The Local Government Act 1998,
the Gender Equality Act and the Labour Relations Act and the National Gender Policy.
IMPLEMENTATION OF THE 2015 CONCLUDING OBSERVATIONS AND ARTICLES
OF THE CHARTER
112
We now present to the Commission, an update on the 2015 Concluding Observations and
Recommendations, and the progress made on implementation of the Articles of the
Charter.
Article 1-Ratification and Domestication of International Instruments
113 Malawi is a dualistic system in so far as applicability of international human rights
instruments is concerned. Any international agreement ratified by Malawi only forms part
of the law of the Republic if so provided by an Act of Parliament. This therefore entails
that once an international treaty has been ratified and Malawi seeks to incorporate the
same into domestic law, the incorporation will be done through either transformation of
the international agreement into national legislation, or by having an Act of Parliament
with a clause or clauses domesticating the treaty.
Examples of laws that have
domesticated international instruments during the reporting period are provided above
and
include:
Trafficking in Persons Act 2015, the Marriage Divorce and Family
Relations Act 2015, Access to Information Act 2016, the HIV/AIDS (Prevention and
Management) Act, and the Constitutional Amendment Act of 2017 which raised the age
of child from 16 to 18.
114
Since submitting its initial report, Malawi has acceded to the Protocol to the African
Charter on the Values and Principles of Public Service and Administration in 2014, and
the International Convention for the Protection of all Persons from Enforced
Disappearance in 2017. Although the Protocol has not been domesticated, Malawi has a
Public Service Charter (MPSC) which was adopted as a framework to introduce service
charters in all public institutions and guide those institutions in taking such legislative,
regulatory, technical and practical measures as may be required to create effective
conditions for the proper functioning of the public service and to ensure that public
services are available, accessible and acceptable. The MPSC is founded on the principles
of equality of treatment, neutrality, legality and continuity. This coupled with the code of
32