women and children. These groups have been used to disseminate the COBs and
Recommendations.
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Part A of this report has extensively provided an update on the legislation, policies and
action plans adopted since 2015. These highlight the progress that has been made as well
as plans for the future in terms of implementation of the Charter and the Protocol. During
the reporting period Malawi did not host the Special Rapporteur on the Rights of Women.
Such a country visit would be welcome.
Articles 3, 4 and 5 - Protection of Women against Violence and Harmful Practices
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Malawi has a remarkable legal, institutional and policy framework in place in order to
eliminate all forms of violence against women. In terms of legislative measures, the
Prevention of Domestic Violence Act (PDVA), the Marriage Divorce and Family
Relations Act, Gender Equality Act and the HIV and AIDS (Prevention and
Management) Act contain provisions that criminalize all forms of violence and harmful
practices against women. The PDVA makes provision for the prevention of domestic
violence and the protection of persons affected by domestic violence through issuance of
inter alia; protection orders. The Malawi Law Commission has completed the review of
the PDVA. A bill has been submitted to the Ministry of Justice and Constitutional
Affairs.
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The Penal Code is also used to prosecute perpetrators of violence against women with
such offences as grievous harm, assault and unlawful wounding. The Penal Code does
not criminalize marital rape. However, the Marriage Divorce and Family Relations Act
under section 62, stipulates that a husband commits the offence of rape if he has sexual
intercourse with the wife without her consent during judicial separation.
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In 2016, the Magistrate Court in Nsanje convicted Eric Aniva for indulging in harmful
practices contrary to section 5 of the Gender Equality Act. He was accused of knowingly
having unprotected sexual intercourse with over 100 women while he was HIV positive.
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