Issue of interest

Human rights mechanism

Treaty bodies

UPR cycles

Country

MALAWI-SOGI-UPR-CYCLE1

Country: Malawi

Issue: SOGI

Human rights mechanism: UPR

UPR cycle: 1 (2008-2011)


Incoming recommendations:

  • 105.1 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 (Mexico) [NOTED]
  • 105.17 Put in place a moratorium on convictions for same-sex relationships and, over time, decriminalize homosexuality in order to fully apply the principle of equality and non-discrimination among all persons (France) [NOTED]
  • 105.18 Put in place effective measures to prevent discrimination, prosecution and punishment on the basis of sexual orientation or gender identity (Canada) [NOTED]
  • 105.19 Reform the penal code and abolish discrimination against people based on their sexual orientation (Germany) [NOTED]
  • 105.20 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 (Sweden) [NOTED]
  • 105.21 Repeal legislation discriminating against individuals on the basis of their sexual orientation or gender identity (Australia) [NOTED]
  • 105.22 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 (United Kingdom) [NOTED]
  • 105.23 Review national legislation with the aim of decriminalizing homosexuality between consenting adults and prohibiting discrimination on the grounds of sexual orientation and gender identity (Italy) [NOTED]
  • 105.24 Repeal legislation criminalizing homosexuality and introduce policies aimed at ending discrimination against LGBT people (Austria) [NOTED]
  • 105.25 Decriminalize homosexual activity (United States of America) [NOTED]
  • 105.26 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 (Spain) [NOTED]
  • 105.27 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 (Switzerland) [NOTED]
  • 105.28 Renew its efforts to combat ongoing discrimination on a de facto and de jure basis concerning sexual orientation, and decriminalize same-sex relations (Luxembourg) [NOTED]
  • 105.29 Decriminalize same-sex relations (Ireland) [NOTED]
  • 105.39 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 (Norway) [NOTED]

Outgoing recommendations:

[none applicable]


This content was last updated in October 2023