This statement was delivered by Human Rights Watch at the 61st regular session of the UN Human Rights Council during the adoption of Malawi Universal Periodic Review (UPR) outcome held on March 18, 2026.
We welcome Malawi’s support for 228 recommendations, out of 294 recommendations the country received, including support for the prohibition of discrimination against marginalized groups and persons with albinism.
Human Rights Watch, however, regrets that Malawi did not support recommendations to lift its reservations to the 1951 Refugee Convention, to modify its Refugee Act of 1989, and to end the encampment of refugees and asylum seekers.
In 2018, Malawi endorsed the Global Compact on Refugees at the UN General Assembly, accepting to roll out the Comprehensive Refugee Response Framework. These instruments demonstrated a commitment to a common approach to improving the worldwide response to the needs of refugees. However, Malawian officials have taken action against allowing refugees access to education and labor markets and for them to positively contribute to the development of host communities and local economies.
We also regret that Malawi did not support any of the recommendations on the rights of lesbian, gay, bisexual, and transgender (LGBT) people. Consensual same-sex relations remain a criminal offense, which fosters a climate of fear and fuels discrimination of LGBT people. Malawi should uphold its international human rights obligations by urgently reviewing and amending the Penal Code to end anti-LGBT discrimination and protect everyone’s right to safety, privacy and dignity.
Human Rights Watch regrets Malawi’s failure to support recommendations to decriminalize abortion in cases of rape, incest, and risk to the life or health of the mother. The government has not enacted the Termination of Pregnancy Bill, proposed by the Law Commission on the Review of the Law on Abortion in 2016, that would regulate abortion and clarify the instances in which abortion is allowed.
Human Rights Watch calls on the UN human rights system and member states to continue pressing Malawi to implement all accepted recommendations while working to address the human rights gaps left by rejected recommendations.
