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. 131 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. 132 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. 133 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 42

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