Experts of the Committee on Enforced Disappearances Commend Malawi on Support Services for Victims, Raise Questions on Disappearances of Persons with Albinism and State Registers on Enforced Disappearance
The Committee on Enforced Disappearances today concluded its consideration of the initial report of Malawi on its implementation of the provisions of the International Convention on the Protection of All Persons from Enforced Disappearance. Committee Experts commended Malawi’s victim support services in police stations, while raising questions on measures to prevent persons with albinism from being disappeared, and registers on enforced disappearance.
Yakouma Jean De Dieu Bambara, Committee Expert and Country Rapporteur, noted that the Malawi Police Service had established victim support services in 364 police stations throughout the country. In each unit, at least two officers had been trained to handle cases of violence and disappearances, taking into account the needs of children and placing victims at the heart of the process.
Mr. Bambara commended the State for this positive initiative.
Mr. Bambara also said that there were several reports of violence against persons with albinism, including allegations of disappearances. What measures were being taken by the State party to ensure prompt and effective investigations into cases of disappearances of persons with albinism? How did the State party ensure that law enforcement authorities automatically opened inquiries, without delay and without waiting for an official complaint, when persons with albinism were reported missing?
Olivier De Frouville, Committee Vice Chair and Country Rapporteur, asked what measures the State intended to take to establish registers and statistics that made it possible to identify and categorise cases of disappearances in a relevant manner, in accordance with the Convention? Mr. De Frouville also asked what measures were envisaged to ensure the registers of all persons deprived of liberty contained appropriate information and were kept up to date? What barriers did the State party face in this regard?
Introducing the report, Gertrude Lynn Hiwa, SC Solicitor General and Secretary for Justice and Constitutional Affairs of Malawi and head of the delegation, said Malawi acknowledged that enforced disappearance had not yet been incorporated as a standalone offence in domestic law. However, elements of the crime were addressed through provisions in the Penal Code and other legislation. Malawi was committed to undertaking law reform to incorporate enforced disappearance as an autonomous offence, and potentially as a crime against humanity when committed on a widespread or systematic scale.
The delegation said the Government had developed a response to protect persons with albinism from kidnapping, violence and abuses. A new national action plan in this regard was scheduled to be launched imminently. Implementation of the previous plan was coordinated by a Committee, and significant funds had been allocated for the measures. Despite a decrease in these acts, sustained vigilance was required. The Penal Code provided for enhanced penalties for the abduction of persons with albinism.
The delegation said Malawi currently did not have a specific repository for victims of enforced disappearance. The closest was the missing persons registry retained by the police service, which had registered 171 cases of disappearance, including through kidnapping and abductions. However, the system recorded cases broadly and did not classify cases specifically as enforced disappearance. The Government acknowledged this gap. Malawi retained detention registers at police station and in prisons and was undertaking consultations with all stakeholders to create a register of all missing persons, clearly distinguishing the different types of disappearance, including enforced disappearance.
In concluding remarks, Ms. Hiwa expressed gratitude for the dialogue and the Committee’s questions. Law reform to fully domesticate the Convention remained Malawi’s most pressing task ahead, and the State remained committed to this process and would share the results with the Committee.
In his concluding remarks, Juan Pablo Albán Alencastro, Committee Chairperson,
thanked Malawi for the constructive dialogue. The Committee was here to work with States, victims of enforced disappearance, and all actors involved in combatting this horrendous crime.
The delegation of Malawi consisted of representatives from the Ministry of Justice and Constitutional Affairs; the Malawian Human Rights Commission; the Malawi Police Service; the Ministry of Health; the Legal Aid Bureau; the Independent Complaints Commission; the Ministry of Gender, Children, Disability and Social Welfare; and the Permanent Representative of Malawi to the United Nations Office at Geneva.
All the documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s webpage. Webcasts of the meetings of the session can be found here, and meetings summaries can be found here.
The Committee will next meet in public at 3 p.m. on Thursday, 12 March, to begin its consideration of additional information on the report of Ecuador (CED/C/ECU/A1/1).
Report
The Committee has before it the initial report of Malawi (CED/C/MWI/1).
Presentation of Report
GERTRUDE LYNN HIWA, SC Solicitor General and Secretary for Justice and Constitutional Affairs of Malawi and head of the delegation, said on 16 September 2025, Malawi held peaceful, transparent and credible local elections, with the new administration reaffirming its commitment to upholding human rights, to the Convention, and to engaging with the Committee. Malawi acceded to the Convention on 14 July 2017, demonstrating its commitment to protecting all persons from enforced disappearance. The delay in the submission of the report was due to financial and technical constraints, and the Committee’s understanding was appreciated.
The Constitution of Malawi provided the foundation for the protection of rights relevant to the Convention, including the right to personal liberty, the right to be brought before a court within 48 hours of arrest, and the right to access to justice. It also established the non-derogable nature of the right to life and the prohibition of torture, even during a state of emergency.
Malawi acknowledged that enforced disappearance had not yet been incorporated as a standalone offence in domestic law. However, elements of the crime were addressed through provisions in the Penal Code and other legislation. Malawi was committed to undertaking law reform to incorporate enforced disappearance as an autonomous offence, and potentially as a crime against humanity when committed on a widespread or systematic scale. The State had strengthened the institutional framework for fair trial and judicial independence through recent judicial reforms, including the judicial service administration act of 2025. Access to justice had expanded through the Legal Aid Bureau, now operating in 22 districts.
Malawi had also strengthened anti-corruption measures and legal protections for persons reporting misconduct by public officials. The mutual assistance in criminal matters act provided the framework for international judicial cooperation, and Malawi had concluded extradition agreements with Kenya, Rwanda and India. Malawi was also consulting on making the declarations under articles 31 and 32 of the Convention regarding individual and inter-state communications.
On prevention, Malawi had enacted several new laws, including the prisons act of 2025, the persons with disabilities act of 2024, the older persons act of 2024, and the mental health act of 2025, all of which strengthened protections for vulnerable persons. The Malawi Human Rights Commission, re-accredited with A-status in 2023, remained the principal body investigating human rights violations. The Independent Complaints Commission, operational since 2021, investigated complaints against police officers. During the reporting period, a small number of disappearance cases involving foreign nationals were recorded and remained under investigation.
Constitutional safeguards prohibited secret detention. Detainees had the right to communicate with family, legal counsel and consular authorities, and to challenge detention through habeas corpus. Judicial oversight, formal registration of detainees, and oversight mechanisms such as the lay visitors scheme and police professional standards units, furthered strengthened accountability.
With regard to victims’ rights, Malawi had taken measures, including adopting the national plan of action against trafficking in persons (2023–2028), and establishing an anti-trafficking unit and victim support facilities. The Government had also taken significant action to address violence against persons with albinism through strengthened legislation, specialised judicial procedures, and a national action plan. Malawi recognised that procedures regarding the legal status of missing persons required further alignment with the Convention.
Malawi had a strong legal framework to protect children under the childcare, protection and justice act and the trafficking in persons act. The definition of a child had been aligned with the constitutional age of 18 years, and improvements in birth registration now allowed certificates to be issued within 24 hours of birth. Inter-country adoptions required authorisation by the High Court.
Malawi recognised that challenges remained, including the absence of a standalone law on enforced disappearance, limited institutional resources, and gaps in data collection systems. The Government was committed to addressing these challenges and welcomed continued technical and financial support from international partners. Malawi reaffirmed its strong commitment to the full implementation of the Convention and to ensuring that no person was subjected to enforced disappearance.
Questions by Committee Experts
OLIVIER DE FROUVILLE, Committee Vice Chair and Country Rapporteur, acknowledged that Malawi had demonstrated great political determination, ratifying almost all international conventions on human rights as well as the Rome Statute of the International Criminal Court. Malawi had been confronted with severe obstacles when it came to the implementation of international human rights instruments. Despite significant economic reforms in recent years, Malawi remained one of the poorest countries in the world and was vulnerable to climate change; it was most recently affected by Cyclone Freddy in 2023. Malawi was also located on a migration route known as the southern route and was a transit country which faced irregular migration facilitated by a vast network of smugglers and traffickers. The situation was difficult, but the Committee was confident of the willingness of the State party to take the necessary measures to make progress towards the effective implementation of the Convention.
To what extent would civil society organizations be involved in the implementation of recommendations by the Committee? Malawi followed a dualist regime with respect to the application of treaties in the domestic order. However, this had limits as domestic legislation typically prevailed in conflict.
The best way to achieve the effective implementation of the Convention remained through the adoption of national transposition legislation. It was important for the State party to start drafting such a law to domesticate the Convention, after the dialogue.
How were the members of the National Human Rights Commission appointed? What was the duration of their mandate? To what extent was the work of the Commission made public? The Commission had not received any complaints specifically concerning cases of enforced disappearance, but received and examined complaints of multiple human rights violations, some of which amounted to cases of enforced disappearance. What were these cases? How was the distinction made between these cases and cases of enforced disappearance? Had a timetable been set for the envisaged "consultations" on the declarations under articles 31 and 32? How were cases recorded by the National Human Rights Institution? Could more information on the current recorded cases be provided? Information on data was contradictory; could the State party clarify?
Allegations had been brought to the attention of the Committee concerning disappearances that could be characterised as enforced disappearances. The 2025 report of the National Commission on Mikuyu Prison by the National Commission documented deaths in custody followed by the secret burial of bodies and falsified records to conceal the truth from families and authorities. There had also been migration-related cases of enforced disappearances and those for persons with albinism. How were these cases recorded at the national level? Was there a database where these people were listed? What measures did the State intend to take to establish such registers and statistics that made it possible to identify and categorise cases of disappearances in a relevant manner, in accordance with the Convention?
What was the legal framework for the state of natural disaster? Were there other exceptional circumstance regimes, apart from the constitutional state of emergency and the state of natural disaster? It was recommended that the State party should undertake an amendment to its legislation, and establish a timetable for the adaptation of its criminal law to the Convention?
YAKOUMA JEAN DE DIEU BAMBARA, Committee Expert and Country Rapporteur, highlighted the high-level delegation of Malawi which demonstrated its commitment to dialogue with the Committee. What was the statute of limitations currently applicable to the offence of enforced disappearance and when did the statute of limitations begin? Did the State party intend to adopt legislative measures to ensure that any applicable statute of limitations was of long duration and proportionate to the extreme seriousness of enforced disappearance, or that this offence was imprescriptible? What mechanisms existed in the State party to enable victims of enforced disappearance and their families to seek effective remedies and truth, justice and reparation, including in cases where the application of statutes of limitations could impede prosecution?
As there was no domestic legislation criminalising enforced disappearance, how did the State party establish its competence over crimes of enforced disappearance? Had the courts in Malawi already implemented the provision to try an accused person where the alleged offence had been committed entirely outside their jurisdiction? If so, what were the offences covered and the States to which extradition had been made? Were there any cases related to enforced disappearance?
In view of the absence of a stand-alone offence of enforced disappearance in national legislation, how did the State party ensure that acts that may constitute enforced disappearance were investigated promptly, thoroughly, impartially and effectively? What concrete measures were being taken to ensure that the competent authorities initiated an ex officio investigation, even in the absence of a formal complaint, when there were reasonable grounds to believe that an enforced disappearance may have been committed? For example, the Malawi National Commission in its 2025 Inquiry Report on Adult Torture and Malnutrition at Mikuyu Prison, reported allegations of concealment of the fate or whereabouts of detainees at Mikuyu Prison, including secret burials and false information to families. Had this worrying information been investigated by the competent authorities of Malawi and could information on this case be provided?
There were also several reports of violence against persons with albinism, including allegations of disappearances. What measures were being taken by the State party to ensure prompt and effective investigations into cases of disappearances of persons with albinism? How did the State party ensure that law enforcement authorities automatically opened inquiries, without delay and without waiting for an official complaint, when persons with albinism were reported missing? In 2025, there were numerous reports of the disappearances of two men with albinism; could the delegation confirm this information?
What specific measures had been taken to locate these missing persons and bring perpetrators to justice?
Did the State party have specialised protocols, guidelines or mechanisms to investigate cases that may constitute enforced disappearances? What training or capacity-building measures were in place for law enforcement agencies, prosecutors and judges to ensure investigations in line with the requirements of the Convention? A specialised and independent mechanism to investigate enforced disappearances was very important. Had the State party established a specialised and independent mechanism to investigate enforced disappearances? If so, what was its legal basis and what were the guarantees of its independence?
How did the State party ensure that investigations into enforced disappearances were carried out by independent authorities, including when State agents may be involved? Did authorities responsible for investigating enforced disappearance receive specialised training? What measures had been put in place to protect complainants, witnesses or victims from any form of intimidation or reprisals? Did investigative authorities have immediate and unrestricted access to all places of detention, including military or security facilities?
Police statistics showed 218 cases of aggression against people with albinism between 2013 and 2024, with many cases recorded between 2015 and 2019 and a downward trend since 2020, thanks to several measures adopted at the national level. Mr. Jean De Dieu Bambara commended the efforts made by the State party to combat attacks against persons with albinism, including cases of disappearance, including the adoption of the national action plan on persons with albinism (2018-2020), training for prosecutors and magistrates responsible for prosecuting atrocities committed against persons with albinism, and the appointment of a special adviser to deal with cases concerning persons with albinism. How many cases outlined in the report were cases of enforced disappearance? What measures had been taken by the State party to provide reparation to victims? A limited number of cases had been brought before the justice system. Could further clarification on this be provided?
Responses by the Delegation
The delegation said Malawi was aware of the importance of domesticating the Convention. Any interim measures were acting as a stop gap while the State worked towards this goal. Malawi would disseminate the recommendations of the Committee through a Government working group and national partners. Human Rights Commission members had a three-year mandate. The Commission conducted investigations and presented its findings annually through a report to parliament. Malawi did not have a standalone offence of enforced disappearance in domestic law; however, cases contained the key elements of enforced disappearance. For cases involving arrest, detention, or abduction followed by concealment of the victims whereabouts, perpetrators could be charged under the Penal Code. Various sections of the Penal Code also applied in cases where death was involved, or children were involved.
Consultations on the development of legislation on enforced disappearance were at an early stage, involving a wide range of Government stakeholders. Malawi welcomed the guidance of the Committee on the appropriate architecture for such a law. Regarding the cases referred to the Commission, three were still under investigation. The situation was complicated by the lack of clear legislation addressing enforced disappearance.
The Malawi police services retained the primary missing persons register through a manual system, while the Department of Disability Affairs held a separate database on persons with albinism. These systems operated in parallel; however, steps had been taken to improve coordination, including through sharing data related to violence against persons with albinism and human trafficking data. The Government acknowledged that a centralised, disaggregated database as required by the Convention did not yet exist.
Malawi maintained detention registers at police stations and prisons. These records were retained physically and electronically. A register also existed for individuals alleged to have disappeared in police custody. Malawi acknowledged the report regarding the serious human rights abuses at Mikuyu prison; the Government was taking these allegations with the utmost seriousness and condemned these acts. Criminal investigations were currently underway to establish the offences, identify perpetrators, and determine accountability.
A state of disaster lasted up to three months, while a state of emergency lasted up to 21 days. A state of disaster did not carry derogation powers, while a state of emergency did. Prosecutions could be brought against cases similar to enforced disappearance regardless of the passage of time, and the same would apply once the law on enforced disappearance was introduced.
The Malawi defence forces act did not confer power of the Malawi defence forces to detain civilians. Irregular arrest or confinement by a member of the defence forces was criminalised under the act. A detainee held during a state of emergency had the right to challenge their detention before the high court. Operationally, the defence forces had registers of all persons detained, and family members were informed of any transfers which took place.
The Government had developed a response to protect persons with albinism from kidnapping, violence and abuses. A new national action plan in this regard was scheduled to be launched imminently. Implementation of the previous plan was coordinated by a Committee, and significant funds had been allocated for the measures. Despite a decrease in these acts, sustained vigilance was required. The Penal Code provided for enhanced penalties for the abduction of persons with albinism.
The Malawi police service was empowered to initiate criminal proceedings without waiting for a formal complaint. Within the Malawi defence forces, refresher courses on human rights training were provided to officers. The Human Rights Commission and non-governmental organizations conducted training on torture for those working in prisons. No training module dedicated specifically to enforced disappearance had been developed. Malawi had not yet made the declarations under articles 31 and 32, as consultations were still under discussion with key stakeholders.
Malawi did not yet have a dedicated mechanism for the identification and return of disappeared persons. Once authorised, multi-disciplinary teams conducted investigations and remains were returned to families when possible. During a mass graves case, the remains of victims had been exhumed and forensic evidence conducted, but unfortunately the victims could not be identified. Malawi’s absence of a DNA database posed issues to complex forensic examinations.
A comprehensive statutory witness protection framework was not yet in place, but a bill was being developed in this regard. In the meantime, protections were provided under other pieces of legislation and were dealt with on a case-by-case basis.
Where an extradition request was received from another State, a preliminary inquiry needed to be conducted to determine whether the request warranted attention. No specific extradition request relating to enforced disappearance had been made.
Questions by Committee Experts
OLIVIER DE FROUVILLE, Committee Vice Chair and Country Rapporteur, was happy that the State party had acknowledged the need to create specific legislation domesticating the Convention. The Committee stood ready to support the State party in this regard. Where was the National Human Rights Commission’s annual report to parliament published? It was important to strengthen the penalties for enforced disappearance.
Allegations of violence against people because of their sexual orientation or gender identity were extensively documented in a 2018 Human Rights Watch report, among others. Had the State party implemented recommendations by the Human Rights Council and the Committee against Torture to establish a mechanism to monitor violence against lesbian, gay, bisexual, transgender and intersex persons and to repeal articles of the Criminal Code which criminalised homosexuality? It was possible that the absence of any missing persons complaints on the grounds of their sexual orientation or gender identity was due to fear. How did the State propose to remedy this situation?
YAKOUMA JEAN DE DIEU BAMBARA, Committee Expert and Country Rapporteur, noted that Malawi had extradition agreements with Kenya, Rwanda and India. What were the dates of these extradition agreements; and were they signed before the ratification of the Convention? Did they cover the crime of enforced disappearance? Would the State party conclude other agreements with other countries?
A Committee Expert asked for clarification around the statute of limitations. Did the investigative powers of the Human Rights Commission give the opportunity to call for individuals to be indicted? Had this ever been done for cases of enforced disappearance?
Another Expert asked what actions had Malawi adopted towards unifying the registries within the State and ensuring they were fully operable? Had there been a reduction in the number of attacks against persons against albinism. What were the number of investigations into previous cases?
Responses by the Delegation
The delegation said the Human Rights Commission relayed its reports in parliament and likely needed to update its website with the recent reports. The bill of rights under the Constitution of Malawi applied to every person, regardless of their sexual orientation. Every person whose rights were violated could seek redress. The Government acknowledged that the criminalisation of same sex relations created a specific vulnerability for lesbian, gay, bisexual, transgender and intersex persons in the context of enforced disappearance. The Government condemned all acts of violence against these people, which were subject to criminal prosecution under laws. The absence of recorded complaints of enforced disappearances involving lesbian, gay, bisexual, transgender and intersex persons could reflect under reporting rather than absence of cases. The Government was committed to ensuring all persons could have access to effective remedies regardless of their sexual orientation.
Currently, reparations would be granted using civil proceedings. The National Human Rights Commission could conduct investigations and make recommendations, including for prosecutions, and there had been successful cases in this regard.
Of the outstanding cases relating to persons with albinism, five persons were still missing since 2018. Harmonisation of registers would be considered when standalone legislation domesticating the Convention was in place. Police charged perpetrators once the National Human Rights Commission had completed its investigations.
One of the men with albinism who had disappeared had been reported to the police service, and investigations and searches were underway. The State aimed to find out the origins of the other two individuals mentioned by the Committee, but had not recorded their disappearance.
Questions by Committee Experts
OLIVIER DE FROUVILLE, Committee Vice Chair and Country Rapporteur, said the legislative package for the adaptation of national law to the Convention should explicitly provide for the risk of enforced disappearance, which did not appear in Malawi’s law on extradition or in the refugee act. What guarantees applied to cases of extradition, for reasons of public order or for a disturbance of public order? What criteria was applied to determine if a person was at risk of becoming a victim of enforced disappearance due to an extradition order? Had an appeals procedure for extraditions been established?
The Committee had received information from multiple sources about the risks faced by refugees and migrants in the Dzaleka camp, which was home to more than 50,000 people. In May 2022, the United Nations Office on Drugs and Crime released a report uncovering the "widespread exploitation of men, women and children" in the Dzaleka camp. The camp was described as posing considerable risk of disappearance to the people living in the camp. Information had also been provided about people cooperating with traffickers to target rival groups, with arrests and deportations instrumentalised by criminal groups, as well as people deprived of their liberty without register or charge. What measures had the State party taken since 2022 to address this situation and ensure that no person in Dzaleka camp was a victim of disappearance?
Did the State intend to ratify the Optional Protocol to the Convention against Torture? What measures had the State party taken to ensure the effectiveness of the fundamental guarantees against arbitrary deprivation of liberty? According to the information received, none of the cases of deprivation of liberty of migrants and refugees in the Kamuzu barracks had been recorded. Despite repeated requests to the Malawi Armed Forces, no documentation was provided to confirm the detention of these individuals and they were denied the right to contact their families. There had been multiple examples, including of a mother and her baby from the Democratic Republic of the Congo who were detained for four months while the baby was suffering from pneumonia, before being deported. It was positive that on 29 July 2024, the Mzuzu High Court of Justice ordered that migrants could not be held for more than 30 days, as part of a case brought to the attention of the courts by 25 migrants who were allegedly illegally detained in Mzuzu prison. Could the delegation comment on the cases mentioned and measures taken to combat this situation?
What measures were envisaged to ensure the registers of all persons deprived of liberty contained appropriate information and were kept up to date? What barriers did the State party face in this regard? Was the State planning to reform its national legislation regarding protection against arbitrary detention? Did the State party plan to reform its national legislation on the right to obtain information about a person deprived of their liberty, to bring it into conformity with the Convention? Did Malawi envisage including modules on enforced disappearance in training for the police, as well as all persons involved in the custody or treatment of any person deprived of their liberty? How did the State plan to formally recognise the right to truth and ensure the right to reparations?
What steps had been taken to ensure that ante-mortem information on missing persons and their relatives was collected in a systematic manner and to establish a national DNA database? Malawi adopted its national plan for the implementation of the Global Compact for Migration last year, but unfortunately the issue of missing persons was not among these priorities. Was the State party intending to feature this point within the national plan? Regarding the mass grave in Mzimba in 2022 and the inability to identify the remains and return them to the families, had a report been drawn up following this investigation? What was the protocol that was followed for the excavation of the mass grave and the exhumation of the bodies? Had no body really been identified? What identification methods had been used? Did the State intend to utilise international cooperation, using organizations which specialised in forensic science of mass crimes?
YAKOUMA JEAN DE DIEU BAMBARA, Committee Expert and Country Rapporteur, noted that the Malawi Police Service had established victim support services in 364 police stations throughout the country. In each unit, at least two officers had been trained to handle cases of violence and disappearances, taking into account the needs of children and placing victims at the heart of the process.
Mr. Bambara commended the State for this positive initiative. Could more information be provided on the role played by the State party in terms of psychosocial and financial support measures, and protection of persons with albinism? Could more details on the resources of the services be provided and their territorial coverage? How were victims ensured access to these services? Did these support services collaborate with civil society? What kind of support was provided to victims of enforced disappearance?
What measures were being taken by police stations to prevent acts of violence against persons with albinism? Could information on training programmes for police officers be provided, regarding the care of victims of crimes of enforced disappearance? Did these trainings include modules on the Convention, victims' rights, trauma management and non-discrimination?
Malawi had not established any procedure for the publication of declarations of absence or death of missing persons; however, missing persons were presumed to have died after a period of seven years. What were the legal provisions for the presumption of the death of a missing person after a period of seven years, and which authority was competent to issue such a decision? Did national legislation provide for a specific legal status for missing persons, distinct from the presumption of death, in accordance with the obligations under the Convention? In the absence of a procedure for the publication of declarations of absence or death, were any measures envisaged to ensure the official publicity or registration of these decisions?
How were associations and organizations created in Malawi? Did the State have a directory of organizations and associations whose purpose was to assist with determining the fate of disappeared persons and to provide assistance to victims of enforced disappearance? How did they collaborate with State services?
Malawi had stated in its list of replies that "no case of child victims of enforced disappearance has been recorded. Therefore, Malawi's legislation does not yet address this issue”. Was the State party planning to adopt legislative measures which criminalised the abduction of children subjected to enforced disappearance? What measures had been adopted to prevent such practices? What was the current birth registration rate in Malawi? How advanced was the bill on the adoption of children and how would it protect against enforced disappearance? What measures had the State party taken to protect children, in particular unaccompanied minors, from enforced disappearance, including in the context of migration and trafficking?
A Committee Expert asked what laws were referred to when carrying out a deportation? If a person was the subject of a refoulment decision, did they have the right to challenge that decision? Before which authority was that challenge taken?
Responses by the Delegation
The delegation said the Malawi Human Rights Commission had a new website containing its most recent reports, as well as a Facebook page. While the tenure of office for the Commissioners was three years, in reality they served six years as they were reappointed after the first tenure. The Commission was currently considering reviewing the act to ensure that the Commission became more efficient and effective. The agreements between Malawi and Rwanda, India and Morocco were signed in 2017, 2018 and 2024 respectively; however, the agreement with Morocco was not yet enforced. Cooperation with Kenya was facilitated through the Commonwealth scheme. While this did not constitute an extradition treaty, it provided a fundamental base for making extradition requests. Malawi remained open to further extradition agreements and arrangements.
The delegation responded to the specific cases of men who had been missing or disappeared, one of whom had died, outlining the steps taken by the State and its commitment to ongoing investigations.
The Government acknowledged the lack of an autonomous offence of enforced disappearance, meaning there was no national recording of enforced disappearance in any public system. There were three ways this could be recorded: as a missing person report, through a complaint of kidnapping or abduction, or as a human rights complaint. None of these three pathways produced a record which was specifically retrievable, meaning these kinds of cases were not distinguishable as a distinct category of violation. The Government acknowledged this was a structural gap which affected Malawi’s reporting ability and would be addressed through the legislation restructuring process.
Under law, extradition was prevented if a person faced danger upon being deported. Extraditions were subject to High Court scrutiny, with a right to appeal. Appeals could be brought against deportation orders by immigration officers, and these carried immediate suspensive effects. However, if the Minister of Immigration ordered the deportation, this could not be appealed, but it could be considered before the High Court. The decision could be further appealed to the Supreme Court.
The refugee act and registrations by the United Nations High Commissioner for Refugees provided for identification and documentation in refugee camps. The Government recognised that the Dzaleka camp presented specific obstacles due to the high rate of vulnerable peoples. This was the first time that the members of the delegation had heard of the alleged detentions at Kamuzu barracks, and therefore they could not provide specific responses at this time.
The Government would adopt the Optional Protocol once consultations had been held. In 2024, more than 800 detainees were released, as a means of reducing prison overcrowding. The new prisons act would further reduce measures of overcrowding such as through release on parole. Only three prisons provided two meals with vegetables and meat; the Government acknowledged that current food provisions in prisons fell short of required standards due to funding constraints, and sought technical support in this area. Prisoners could seek redress through several channels, including the Prison Inspectorate. The prisons act of 2025 was instrumental in addressing many of the recommendations of the Committee against Torture.
Malawi currently did not have a specific repository for victims of enforced disappearance. The closest was the missing persons registry retained by the police service, which had registered 171 cases of disappearance, including through kidnapping and abductions. However, the system recorded cases broadly and did not classify cases specifically as enforced disappearance. The Government acknowledged this gap. Malawi retained detention registers at police station and in prisons. All registers were accessible to lawyers and human rights groups. Malawi was undertaking consultations with all stakeholders to create a register of all missing persons, clearly distinguishing the different types of disappearance, including enforced disappearance.
The Malawi Human Rights Commission could investigate complaints on its own initiative or in response to complaints. Malawi did not yet have dedicated reparations legislation.
Despite exhumation and identification efforts at the mass grave in Mzimba, no bodies had been positively identified due to decomposing, meaning families had not been notified and had not received the bodies. The State party welcomed technical assistance from the Committee and other stakeholders in this regard.
Psychological and rehabilitation centres were available to persons with albinism. The service centres at police stations were established under the police act. The development of comprehensive reparations legislation was a priority within the broader legislative process.
The Constitution established the best interest of the child which needed to be a primary consideration in all decisions affecting children. If convicted, child traffickers faced a life sentence in prison. Child protection units within the Malawi police service handled cases involving minors.
Birth registration was compulsory in Malawi; every child regardless of their circumstances of birth needed to be registered. To improve birth registration, village heads were authorised to register births in remote areas. Additionally, a campaign was launched in 2023 to register child refugees and those children whose births had not yet been registered.
All intercountry adoptions were done at the central level. A petition was filed with the courts that then appointed an officer to determine if the application was in the best interests of the child.
Questions by Committee Experts
OLIVIER DE FROUVILLE, Committee Vice Chair and Country Rapporteur, asked follow-up questions relating to enforced disappearance in army barracks; trafficking and enforced disappearance; and whether Malawi would accede to the Hague Convention. Mr. de Frouville thanked the members of the delegation for the candid way in which they had engaged in the dialogue and the political will of the new Government. How could the Committee best support the State party’s efforts?
YAKOUMA JEAN DE DIEU BAMBARA, Committee Expert and Country Rapporteur, appreciated the reforms that Malawi was planning to carry out to strengthen the implementation of the Convention nationwide. The State party was encouraged to strengthen data gathering around birth registration. Mr. Bambara asked follow-up questions relating to police stations, the length of time in police custody, assistance to victims, and on an action plan for violence against persons with albinism.
Another Committee Expert asked follow-up questions on the mass graves in Mzimba, including on whether biological samples had been taken and whether international or regional assistance would be considered.
An Expert asked how long police custody or pretrial detention could last? Who oversaw these decisions?
A Committee Expert said it was not enough to harmonise domestic legislation with the Convention; the key was to train all officials who could then disseminate the Convention within daily life. What mechanisms already existed for training of legal officials in human rights and international treaties ratified by Malawi?
Responses by the Delegation
The delegation said the Government would look into allegations regarding the military barracks, and share information with the Committee when they received it. Every person was guaranteed the freedom of association and assembly, including relatives and disappeared persons. Civil society organizations played a crucial role in this space.
Malawi had taken a number of steps to protect children from disappearance, including in the context of migration. Several pieces of legislation, including the trafficking in persons act, were currently being used to address this issue. The Government was currently developing the national implementation plan for the Global Compact on Safe Orderly Migration.
Two officers to help victims in police service stations were not enough, but the Government was committed to training more officers in this regard.
A presumption of death occurred when a person was presumed dead, despite the lack of a body. It required a court order, typically initiated by a spouse or interested body. There was no record of persons declared dead under this presumption, and this was something the Government needed to work on.
The Malawi police service had adopted its own plan to protect persons with albinism and had established specialised investigations and policing initiatives to prevent attacks and disappearance. A media awareness programme was being created to sensitise the public on issues faced by persons with albinism.
Malawi intended to ratify the Hague Convention and adopt certain aspects into the children’s act, which was currently being prepared. For the Magistrates Court and the High Court, the custodial maximum time period was 30 days. Several measures had been put in place to avoid long pretrial detentions.
Malawi did not yet have a dedicated forensic laboratory; strengthening capacity in this regard to identity remains was a priority, and the Government would appreciate assistance from the Committee in this regard.
The non-governmental organization act aimed to ensure that organizations which entered the country spread their activities nationwide and were monitored. This act would not hamper associations which had been formed to assist victims of enforced disappearance.
Any person who was arrested was legally required to be brought before the courts within 48 hours.
Training on human rights instruments involved the Malawi Human Rights Commission, lawyers from the Malawi law society, and experts on various subjects.
Closing Remarks
GERTRUDE LYNN HIWA, SC Solicitor General and Secretary for Justice and Constitutional Affairs of Malawi and head of the delegation, expressed gratitude for the dialogue and the Committee’s questions. The review had brought into focus the gaps which required urgent and sustained attention. The State committed to giving the Committee’s recommendations due consideration at the highest level of Government. Law reform to fully domesticate the Convention remained Malawi’s most pressing task ahead, and the State remained committed to this process and would share its results with the Committee. Malawi extended gratitude to United Nations partners that had provided assistance. The State reaffirmed its commitment to ensure that no person under its jurisdiction was submitted to the grave crime of enforced disappearance.
JUAN PABLO ALBÁN ALENCASTRO, Committee Chairperson, thanked Malawi for the constructive dialogue. The Committee was here to work with States, victims of enforced disappearance, and all actors involved in combatting this horrendous crime. Civil society actors played a key role in this process and should be not subjected to reprisals for cooperating with the Committee. Malawi could rely on the Committee’s support.
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CED26.004E