Article 10 and 11 - Freedom of Association and Assembly
130 The Constitution of Malawi and the Police Act guarantee freedom of assembly and
people’s right to demonstrate. The Police Act provides for procedures to be followed by
organizers, people demonstrating and various law enforcement agencies in the course of
demonstrations.
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The year 2017 and 2018 saw a number of demonstrations held by civil society
organisations. None of these demonstrations were characterized by violence or threats.
The Malawi Police played its role protecting citizens and human rights defenders.
Occasionally organizers of demonstrations have complained that the demonstrations are
restricted to specific places. This is done so as to avoid the recurrence of the July 2011
demonstrations which left lives lost and property damaged. There have been a few
incidents of arrests during or after demonstrations. However, the arrested persons have
normally been released within a short period. We would like to reiterate that Malawi is
committed to ensure that our citizens are free to express themselves, through peaceful
assemblies and demonstrations. At the same time the Government has the responsibility
to ensure that violent and lawless demonstrations are appropriately dealt with.
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Malawi takes note of the Commission’s Guidelines on Freedom of Association and
Assembly. The Guidelines are a useful tool and have been disseminated to all key
stakeholders.
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There is no specific legal framework for the protection of human rights defenders in
Malawi. The understanding is that the present Constitutional and legislative framework
adequately protects all Malawians, including human rights defenders.
We however
reiterate the Government’s commitment to ensure that human rights defenders are fully
protected and work in a conducive environment.
Article 12 – Right to Movement, Rights for Refugees and Asylum Seekers
134 The law under Section 10 of the Refugee Act confirms the principle of non- refoulement.
In addition, the Government of Malawi, through the Refugee Department within the
Ministry of Home Affairs and Internal Security; ensures that asylum seekers have access
to Refugee Status Determination procedures from the point of entry. Persons who claim
asylum at the border are screened and then cleared by an immigration officer before they
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