PURSUANT TO ARTICLE 43 OF THE AFRICAN CHARTER ON THE RIGHTS AND WELFARE OF THE CHILD Introduction This report is submitted in line with Article 43 of the Charter on the Rights and Welfare of the Child. Article 1: Obligation of States Parties 1. Member States of the Organization of African Unity Parties to the present Charter shall recognize the rights, freedoms and duties enshrined in this Charter and shall undertake the necessary steps, in accordance with their Constitutional processes and with the provisions of the present Charter, to adopt such legislative or other measures as may be necessary to give effect to the provisions of this Charter. 2. Nothing in this Charter shall affect any provisions that are more conductive to the realization of the rights and welfare of the child contained in the law of a State Party or in any other international Convention or agreement in force in that State. 3. Any custom, tradition, cultural or religious practice that is inconsistent with the rights, duties and obligations contained in the present Charter shall to the extent of such inconsistency be discouraged. 1. Malawi signed the African Charter on the Rights and Welfare of the Child (ACRWC) in 1999 5 years after adopting a new Constitution in 1994. While the obligation to recognize the rights, freedoms and duties enshrined in the ACRWC are post-dated to the Constitution, the Constitution has recognized, as supreme law of the land, some of the rights, freedoms and duties set forth in the ACRWC. 2. The Constitution recognizes the rights of children in two ways, first as a matter of national policy and secondly as a matter of enforceable and binding rights. Principles of National Policy under the Constitution are directory in nature but the courts are entitled to have regard to them in interpreting and applying the Constitution or any other law or in determining the validity of decisions of the Executive branch of Government. 3. With respect to children, the Constitution in section 13 (h) obliges the State to promote the welfare and development of Malawians by progressively adopting and implementing policies and legislation aimed at encouraging and promoting conditions conducive to the full development of healthy, productive and responsible members of society. 4|Page