The Community Health Rights Advocacy (CheRA) has appealed to the Malawi government to demonstrate transparency and address punitive laws, particularly those in the Penal Code, at the fourth Universal Periodic Review (UPR) of human rights scheduled for November 2025.
The Universal Periodic Review, which occurs every five years, provides an invaluable opportunity for Malawi to highlight progress made in addressing prevailing challenges and reaffirm its commitment to advancing human rights for all citizens.
Malawi’s human rights record is expected to be examined by the United Nations Human Rights Council’s Universal Periodic Review Working Group for the fourth time on Friday in Geneva.
Malawi is one of 14 states scheduled to be reviewed during the session running from November 3-14, 2025. Previous reviews took place in November 2010, May 2015, and November 2020.
The UPR Working Group comprises the 47 member states of the Human Rights Council, though any UN member or observer state can participate in a country review.
During the 2020 review, Malawi received numerous recommendations from the international community regarding LGBTQI+ rights and the death penalty. Spain recommended that Malawi decriminalize consenting relations between persons of the same sex, prosecute perpetrators of attacks against LGBTQI+ persons, and guarantee they face no de jure or de facto discrimination.
The United States called for decriminalization of LGBTQI+ status and conduct, while Canada urged the repeal of Penal Code sections criminalizing same-sex sexual activity between consenting adults and those criminalizing transgender gender identity and expression.
Canada also recommended prohibiting discrimination based on gender, gender identity, or sexual orientation in all aspects of social life. Chile called for increased access to quality health services for LGBTQI+ persons, while France urged protection against discrimination and stigmatization of LGBTQI+ persons.
Switzerland recommended taking measures against discrimination and fighting impunity for violence based on gender identity and sexual orientation by revising national legislation to explicitly include these among prohibited grounds of discrimination. Iceland called for decriminalizing consensual sexual relations between adults of the same sex and expanding anti-discrimination legislation accordingly.
Regarding the death penalty, Fiji recommended that Malawi consider abolishing capital punishment, while Spain urged the establishment of a de jure moratorium on the death penalty leading to definitive abolition and consideration of ratifying the Second Optional Protocol to the International Covenant on Civil and Political Rights.
The Penal Code currently prohibits “carnal knowledge against the order of nature,” attempts to commit such acts, and gross indecency. Homosexuality among men is punishable by up to 14 years in prison, while homosexuality among women carries a penalty of up to five years. Consequently, same-sex activities face stigma and discrimination, physical and emotional violence, limited access to healthcare, and police brutality. During the 2020 review, Canada, Switzerland, Netherlands, Norway, Australia, Iceland, and Ireland urged Malawi to repeal these sections of the Penal Code.
The government has taken some positive steps, including ratifying Resolution 275 on protection of LGBTQI+ persons, demonstrating commitment to prevent violence based on real or imputed sexual orientation or gender identity. The government also registered Nyasa Rainbow Alliance (NRA), an LGBT-led NGO, to operate in Malawi. The NRA aims to protect and advance the rights of vulnerable groups, particularly the LGBT community, by addressing challenges like human rights violations, discrimination, and inaccessibility to services.
However, significant setbacks have occurred. In July 2023, religious groups marched across Malawi to protest same-sex marriage as the Constitutional Court considered a case brought by Jana Gonani, a transgender woman convicted in December 2021 for “unnatural offense.”
The Constitutional Court ultimately dismissed the case seeking to legalize same-sex relationships, maintaining homosexuality as an offense in the country. Following the court ruling, over 139 cases of violence against the LGBTQI+ community were reported from June to December 2024, compared to 57 cases reported before the ruling.
Cuba acknowledged Malawi’s efforts to implement previous recommendations, particularly regarding economic growth, rural development, human trafficking prevention, and HIV/AIDS prevention. Denmark noted that adequate sexual and reproductive health services and quality education for every child are prerequisites for further progress. Djibouti welcomed the integration of several recommendations into national legislation, action plans, and programs, as well as in planning work on economic and social development.
Ahead of Friday’s review, CheRA released a statement signed by Executive Director Aniz Mitha calling for government transparency. “We would like the Malawi government to be transparent and ensure that punitive laws, especially in the Penal Code, are addressed in the fourth report clearly,” Mitha said.
She emphasized that the Penal Code prohibits carnal knowledge against the order of nature, attempts to commit such acts, and gross indecency, with homosexuality among men punishable by up to 14 years in prison and among women by up to five years, resulting in continued stigma, discrimination, violence, limited healthcare access, and police brutality.
Mitha called for free and unhindered access to healthcare services for key populations, ensuring that acts of criminalization and police harassment are addressed when the LGBTQI+ community seeks services. She urged the government to commit at the fourth UPR cycle to reform policing laws and ensure that law enforcement agencies do not hinder sexual and reproductive health rights of key populations.
CheRA also wants the government to review the Extended 2023-2027 National HIV Strategic Plan to clearly address punitive laws that undermine key populations and other marginalized groups in accessing HIV services. Mitha stressed that the strategic plan needs to provide equitable access to health services to key populations regardless of sexual orientation or gender identity.
The UPR is a unique process under the United Nations Human Rights Council where member states evaluate each other’s human rights records. It provides a platform for countries like Malawi to share best practices, identify gaps, and foster international cooperation in upholding fundamental rights and freedoms.
