N/A
- Cycle
- Cycle 1 (2008 - 2012)
- Session
- 9 - November 2010
- State under Review
- Recommendation
Put in place effective measures to prevent discrimination, prosecution and punishment on the basis of sexual orientation or gender identity
- Recommending State
- Action Category
- 4 - General action
- Response
- Noted
- Issues
- Sexual Orientation and Gender Identity
N/A
- Cycle
- Cycle 1 (2008 - 2012)
- Session
- 9 - November 2010
- State under Review
- Recommendation
Review penal code provisions that discriminate against individuals on the basis of sexual orientation or gender identity, in order to ensure an end to hostility or violence against such groups
- Recommending State
- Action Category
- 3 - Considering action
- Response
- Noted
- Issues
- Sexual Orientation and Gender Identity
N/A
- Cycle
- Cycle 1 (2008 - 2012)
- Session
- 9 - November 2010
- State under Review
- Recommendation
Repeal legislation criminalizing homosexuality and introduce policies aimed at ending discrimination against LGBT people
- Recommending State
- Action Category
- 5 - Specific action
- Response
- Noted
- Issues
- Sexual Orientation and Gender Identity
N/A
- Cycle
- Cycle 1 (2008 - 2012)
- Session
- 9 - November 2010
- State under Review
- Recommendation
Decriminalize homosexual activity
- Recommending State
- Action Category
- 5 - Specific action
- Response
- Noted
- Issues
- Sexual Orientation and Gender Identity
N/A
- Cycle
- Cycle 1 (2008 - 2012)
- Session
- 9 - November 2010
- State under Review
- Recommendation
Review domestic legislation with a view to decriminalizing homosexual relations and prohibiting all forms of discrimination, in compliance with Malawi's international commitments. Release immediately and unconditionally all persons currently deprived of their liberty only for this reason
- Recommending State
- Action Category
- 3 - Considering action
- Response
- Noted
- Issues
- Detention
- Sexual Orientation and Gender Identity
N/A
- Cycle
- Cycle 1 (2008 - 2012)
- Session
- 9 - November 2010
- State under Review
- Recommendation
Decriminalize same-sex relations
- Recommending State
- Action Category
- 5 - Specific action
- Response
- Noted
- Issues
- Sexual Orientation and Gender Identity
N/A
- Cycle
- Cycle 2 (2012 - 2016)
- Session
- 22 - May 2015
- State under Review
- Recommendation
Ensure to lesbian, gay, bisexual, transgender and intersex persons the full enjoyment and equal conditions in terms of their human rights by repealing the rules that criminalize and stigmatize them
- Recommending State
- Action Category
- 4 - General action
- Response
- Noted
- Issues
- Sexual Orientation and Gender Identity
N/A
- Cycle
- Cycle 2 (2012 - 2016)
- Session
- 22 - May 2015
- State under Review
- Recommendation
Include sexual orientation and gender identity among the prohibited grounds of discrimination and repeal the provisions criminalizing homosexual relations between consenting adults
- Recommending State
- Action Category
- 5 - Specific action
- Response
- Noted
- Issues
- Sexual Orientation and Gender Identity
N/A
- Cycle
- Cycle 2 (2012 - 2016)
- Session
- 22 - May 2015
- State under Review
- Recommendation
Decriminalize homosexuality and revise sections 137A, 153, 154 and 156 of the Penal Code and revise the law on marriage, divorce and family relations in order to bring it in line with the international instruments ratified by Malawi
- Recommending State
- Action Category
- 5 - Specific action
- Response
- Noted
- Issues
- International instruments
- Sexual Orientation and Gender Identity
N/A
- Cycle
- Cycle 2 (2012 - 2016)
- Session
- 22 - May 2015
- State under Review
- Recommendation
Repeal all legal provisions criminalizing sexual activities between people of the same sex
- Recommending State
- Action Category
- 5 - Specific action
- Response
- Noted
- Issues
- Sexual Orientation and Gender Identity
N/A
- Cycle
- Cycle 2 (2012 - 2016)
- Session
- 22 - May 2015
- State under Review
- Recommendation
Modify the criminal code to decriminalize same-sex sexual activity between consenting adults and to criminalize all forms of sexual abuse of children, regardless of the sex of the child
- Recommending State
- Action Category
- 5 - Specific action
- Response
- Noted
- Issues
- Rights of the Child
- Sexual Orientation and Gender Identity
N/A
- Cycle
- Cycle 2 (2012 - 2016)
- Session
- 22 - May 2015
- State under Review
- Recommendation
Repeal all legal provisions criminalising sexual activity between consenting adults and encourage the Malawi Human Rights Commission to include in its mandate the protection of the rights of the lesbian, gay, bisexual, transgender and intersex community
- Recommending State
- Action Category
- 5 - Specific action
- Response
- Noted
- Issues
- National Human Rights Institution
- Sexual Orientation and Gender Identity
124.12
- Cycle
- Cycle 3 (2017 - 2021)
- Session
- 36 - May 2020
- State under Review
- Recommendation
Decriminalize consenting relations between persons of the same sex, prosecute the perpetrators of the growing attacks against persons belonging to the lesbian, gay, bisexual, transgender and intersex community, and guarantee that those persons do not face de jure or de facto discrimination
- Recommending State
- Action Category
- 5 - Specific action
- Response
- Noted
- Issues
- Sexual Orientation and Gender Identity
124.18
- Cycle
- Cycle 3 (2017 - 2021)
- Session
- 36 - May 2020
- State under Review
- Recommendation
Take measures against discrimination against lesbian, gay, bisexual, transgender and intersex persons and fight impunity for violence based on gender identity and sexual orientation by revising national legislation in order to explicitly include gender identity and sexual orientation among the prohibited grounds of discrimination
- Recommending State
- Action Category
- 4 - General action
- Response
- Noted
- Issues
- Discrimination
- Gender-based violence
- Sexual Orientation and Gender Identity
124.25
- Cycle
- Cycle 3 (2017 - 2021)
- Session
- 36 - May 2020
- State under Review
- Recommendation
Repeal all legal provisions criminalizing sexual activity between consenting adults, and mandate the Malawi Human Rights Commission to protect the rights of the lesbian, gay, bisexual, transgender and intersex community
- Recommending State
- Action Category
- 5 - Specific action
- Response
- Noted
- Issues
- National Human Rights Institution
- Sexual Orientation and Gender Identity
N/A
- Cycle
- Cycle 1 (2008 - 2012)
- Session
- 9 - November 2010
- State under Review
- Recommendation
Reform the penal code and abolish discrimination against people based on their sexual orientation
- Recommending State
- Action Category
- 5 - Specific action
- Response
- Noted
- Issues
- Sexual Orientation and Gender Identity
N/A
- Cycle
- Cycle 1 (2008 - 2012)
- Session
- 9 - November 2010
- State under Review
- Recommendation
On the question of the rights of sexual minorities, review laws in order to ensure that legislation is brought into line with international human rights norms
- Recommending State
- Action Category
- 3 - Considering action
- Response
- Noted
- Issues
- International instruments
- Sexual Orientation and Gender Identity
N/A
- Cycle
- Cycle 2 (2012 - 2016)
- Session
- 22 - May 2015
- State under Review
- Recommendation
Review and reform its national legislation with a view to eradicating all discrimination on the basis of sexual orientation and gender identity
- Recommending State
- Action Category
- 4 - General action
- Response
- Noted
- Issues
- Sexual Orientation and Gender Identity
N/A
- Cycle
- Cycle 2 (2012 - 2016)
- Session
- 22 - May 2015
- State under Review
- Recommendation
Repeal the provisions in the Criminal Code that criminalize consensual same-sex conduct, and any other legislation which discriminates on the basis of sexual orientation or gender identity, and bring its legislation in line with Malawi's obligations under international human rights law
- Recommending State
- Action Category
- 5 - Specific action
- Response
- Noted
- Issues
- International instruments
- Sexual Orientation and Gender Identity
N/A
- Cycle
- Cycle 2 (2012 - 2016)
- Session
- 22 - May 2015
- State under Review
- Recommendation
Repeal legal provisions that criminalize homosexuality, and take all necessary measures to ensure respect for all human rights of lesbian, gay, bisexual, transgender and intersex people, including access to public health services and support initiatives, such as education programmes and the provision of disease and infection care
- Recommending State
- Action Category
- 5 - Specific action
- Response
- Noted
- Issues
- Right to education
- Right to health
- Sexual Orientation and Gender Identity
N/A
- Cycle
- Cycle 2 (2012 - 2016)
- Session
- 22 - May 2015
- State under Review
- Recommendation
Abrogate legislation criminalizing homosexuality, in order to fully respect the principles of equality and non-discrimination for all persons
- Recommending State
- Action Category
- 5 - Specific action
- Response
- Noted
- Issues
- Sexual Orientation and Gender Identity
N/A
- Cycle
- Cycle 1 (2008 - 2012)
- Session
- 9 - November 2010
- State under Review
- Recommendation
Derogate legislation that criminalizes same-sex activities between consenting adults and adopt measures to combat incitement to hatred for reasons of sexual orientation or gender identity, and allow the registration of NGOs that defend matters of sexual orientation and gender identity without discrimination
- Recommending State
- Action Category
- 5 - Specific action
- Response
- Noted
- Issues
- Civil society
- Sexual Orientation and Gender Identity
N/A
- Cycle
- Cycle 1 (2008 - 2012)
- Session
- 9 - November 2010
- State under Review
- Recommendation
Renew its efforts to combat ongoing discrimination on a de facto and de jure basis concerning sexual orientation, and decriminalize same-sex relations
- Recommending State
- Action Category
- 4 - General action
- Response
- Noted
- Issues
- Sexual Orientation and Gender Identity
N/A
- Cycle
- Cycle 2 (2012 - 2016)
- Session
- 22 - May 2015
- State under Review
- Recommendation
Eliminate existing norms against homosexuality, in particular articles 137, 153, and 156 of the Penal Code
- Recommending State
- Action Category
- 5 - Specific action
- Response
- Noted
- Issues
- Sexual Orientation and Gender Identity
N/A
- Cycle
- Cycle 1 (2008 - 2012)
- Session
- 9 - November 2010
- State under Review
- Recommendation
Completely overhaul the legal system to ensure the compliance of the Constitution and all other domestic legislation with international human rights obligations and standards and, in this regard, amend and-or derogate all legal provisions, including customary law, which result in discrimination, especially on the basis of sexual orientation
- Recommending State
- Action Category
- 3 - Considering action
- Response
- Noted
- Issues
- International instruments
- Sexual Orientation and Gender Identity
N/A
- Cycle
- Cycle 1 (2008 - 2012)
- Session
- 9 - November 2010
- State under Review
- Recommendation
Fulfil its obligations under international human rights law and review its national legislation, as a matter of urgency, to decriminalize same-sex relationships and prohibit discrimination on any grounds, including sexual orientation
- Recommending State
- Action Category
- 4 - General action
- Response
- Noted
- Issues
- International instruments
- Sexual Orientation and Gender Identity
N/A
- Cycle
- Cycle 1 (2008 - 2012)
- Session
- 9 - November 2010
- State under Review
- Recommendation
Review national legislation with the aim of decriminalizing homosexuality between consenting adults and prohibiting discrimination on the grounds of sexual orientation and gender identity
- Recommending State
- Action Category
- 3 - Considering action
- Response
- Noted
- Issues
- Sexual Orientation and Gender Identity
N/A
- Cycle
- Cycle 2 (2012 - 2016)
- Session
- 22 - May 2015
- State under Review
- Recommendation
Consolidate the policy gains into legal reforms on issues such as treatment of same-sex relations and access to information
- Recommending State
- Action Category
- 4 - General action
- Response
- Noted
- Issues
- Sexual Orientation and Gender Identity
N/A
- Cycle
- Cycle 2 (2012 - 2016)
- Session
- 22 - May 2015
- State under Review
- Recommendation
Bring its legislation in conformity with international law, by decriminalizing consensual same-sex relations between adults and by prohibiting all discrimination based on sexual orientation and gender identity
- Recommending State
- Action Category
- 5 - Specific action
- Response
- Noted
- Issues
- Sexual Orientation and Gender Identity
N/A
- Cycle
- Cycle 2 (2012 - 2016)
- Session
- 22 - May 2015
- State under Review
- Recommendation
Repeal provisions of the Malawi Criminal Code that criminalize consensual, adult same-sex conduct (sections 153, 154 and 156) and provide adequate protection to lesbian, gay, bisexual and transgender persons
- Recommending State
- Action Category
- 5 - Specific action
- Response
- Noted
- Issues
- Sexual Orientation and Gender Identity