Malawi is a landlocked country in southern central Africa. A former British colony, it gained independence in 1964 and was governed as a one-party state until 1994 when it held its first multi-party elections. With an estimated population of 22 million people, Malawi is a relatively densely populated country despite being overwhelmingly rural.
According to the 2018 Malawi Population and Housing Census,77.3%% of the population identify as Christian, 13.8% as Muslim, and 6.7% identified as belonging to other religions, whilst 2.1% of the population identified that they had no religion.
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Education and children’s rights |
Family, community, society, religious courts and tribunals |
Freedom of expression advocacy of humanist values |
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Constitution and government
Education and children’s rights
Family, community, society, religious courts and tribunals
Freedom of expression advocacy of humanist values
The state is secular, with separation of religious and political authorities, not discriminating against any religion or belief
Countries: Belgium, Brazil, Central African Republic, Congo, Republic of the, Ecuador, Estonia, Fiji, Gabon, Gambia, Guinea-Bissau, Japan, Kosovo, Mongolia, Namibia, Nauru, Netherlands, São Tomé and Príncipe, Slovenia, South Africa, South Sudan, Suriname, Taiwan, Ukraine
Insufficient information or detail not included in this report
Countries: no countries relate to this boundary condition
Religious or ideological instruction is mandatory in all or most state-funded schools with no secular or humanist alternative
Countries: Afghanistan, Algeria, Bahrain, Bangladesh, Belarus, Brunei Darussalam, Comoros, Croatia, Egypt, Eswatini, Ghana, Iran, Iraq, Kenya, Lebanon, Malaysia, Maldives, Mauritania, Morocco, Nigeria, Qatar, Saudi Arabia, Somalia, Sri Lanka, Sudan, Syria, Tunisia, Turkey, United Arab Emirates, Yemen, Zambia, Zimbabwe
No formal discrimination in education
Countries: Albania, Angola, Antigua and Barbuda, Austria, Azerbaijan, Belgium, Benin, Bhutan, Bolivia, Burkina Faso, Cape Verde, Central African Republic, Congo, Republic of the, Czech Republic, Ecuador, El Salvador, France, Gabon, Guinea-Bissau, Honduras, Iceland, India, Japan, Korea, Republic of, Kyrgyzstan, Madagascar, Mali, Mongolia, Montenegro, Mozambique, Namibia, Nauru, Netherlands, North Macedonia, Russia, São Tomé and Príncipe, Serbia, Slovakia, Slovenia, South Africa, Sweden, Taiwan, Timor-Leste (East Timor), Uruguay
Insufficient information or detail not included in this report
Religious courts or tribunals rule directly on some family or ‘moral’ matters; it is legally an opt-in system, but the possibility of social coercion is very clear
No religious tribunals of concern, secular groups operate freely, individuals are not persecuted by the state
Countries: Australia, Austria, Belgium, Benin, Bolivia, Bulgaria, Burkina Faso, Canada, Chile, Congo, Republic of the, Czech Republic, Dominica, Ecuador, Estonia, France, Ghana, Guatemala, Iceland, Japan, Korea, Republic of, Kosovo, Latvia, Luxembourg, Mongolia, Namibia, Nauru, Netherlands, New Zealand, Norway, Palau, Saint Kitts and Nevis, Saint Vincent and the Grenadines, San Marino, São Tomé and Príncipe, Slovenia, Sweden, Taiwan, Uruguay, Venezuela
Insufficient information or detail not included in this report
No fundamental restrictions on freedom of expression or advocacy of humanist values
Countries: Bahamas, Belgium, Czech Republic, Iceland, Jamaica, Liechtenstein, Lithuania, Luxembourg, Marshall Islands, Micronesia, Mongolia, Netherlands, New Zealand, Norway, Palau, Romania, Slovenia, Sweden
Insufficient information or detail not included in this report
Countries: no countries relate to this boundary condition
No condition holds in this strand
No condition holds in this strand
No condition holds in this strand
No condition holds in this strand
Countries: no countries relate to this boundary condition
Localised or infrequent but recurring and widespread social marginalisation or prejudice against the non-religious
This condition is unusual in that it is applied in cases where there is some social discrimination, but it is not pervasive or nationwide. This condition is applied when there is sufficient background evidence to warrant the assertion that discrimination is not anomalous but widespread, and this condition may be applied for example even where if there is no legislative discrimination or where the non-religious may have legal recourse against such discrimination. However, societal discrimination (i.e. discrimination by peers, as opposed to state or legal discrimination) is not easily measured, and for this reason the Report does not currently have similar more severe boundary conditions to capture higher levels of social discrimination per se. In principle these may be introduced in future. However, we consider that countries with actual higher levels of social discrimination against the non-religious will generally already meet other higher level (more severe) boundary conditions under this thematic strand.
The dominant influence of religion in public life undermines the right to equality and/or non-discrimination
Applied when the influence of religion on public life undermines others' rights, such as SRHR, women's rights, LGBTI+ rights.
May be applied when the influence is overt (i.e. when religious laws are applied to undermine others' rights) or covert (i.e. where religious pressure groups exert influence to affect policy)
Countries: Albania, Andorra, Angola, Antigua and Barbuda, Armenia, Bahamas, Belize, Bolivia, Brunei Darussalam, Burundi, Chile, Congo, Democratic Republic of, Côte d'Ivoire, Croatia, Cuba, Dominica, Dominican Republic, El Salvador, Eritrea, Eswatini, Fiji, Gambia, Georgia, Ghana, Grenada, Guatemala, Guinea, Guyana, Hungary, Iran, Italy, Jamaica, Jordan, Kenya, Lebanon, Liberia, Lithuania, Malawi, Mali, Mexico, Moldova, Montenegro, Mozambique, Nicaragua, Nigeria, North Macedonia, Oman, Panama, Paraguay, Qatar, Romania, Russia, Saint Lucia, Saint Vincent and the Grenadines, Saudi Arabia, Senegal, Serbia, Slovakia, Solomon Islands, Sri Lanka, Suriname, Timor-Leste (East Timor), Trinidad and Tobago, Ukraine, Zambia
Use of Conscientious Objection clauses resulting in the denial of lawful services to women and LGBTI+ people
Complete tyranny precludes all freedoms of expression and thought, religion or belief
Applied when overriding acts of oppression by the State are extreme, to the extent that the question of freedom of thought and expression is almost redundant, because all human rights and freedoms are quashed by authorities.
The non-religious are barred from some government offices (including posts reserved for particular religions or sects)
Countries: Algeria, Bosnia and Herzegovina, Comoros, Eritrea, Kuwait, Lebanon, Malaysia, Mauritania, Morocco, Saudi Arabia, Somalia, Syria, Thailand, Tunisia, United Arab Emirates, Yemen
There is systematic religious privilege
Countries: Algeria, Argentina, Armenia, Bahrain, Belize, Botswana, Brazil, Cambodia, Costa Rica, Côte d'Ivoire, Croatia, Cyprus, Denmark, Dominican Republic, Egypt, El Salvador, Eritrea, Finland, Georgia, Germany, Ghana, Greece, Guinea, Haiti, Honduras, Hungary, Iceland, Ireland, Israel, Italy, Jamaica, Kuwait, Latvia, Lebanon, Libya, Liechtenstein, Lithuania, Madagascar, Malaysia, Malta, Moldova, Myanmar (Burma), Nepal, Palestine, Papua New Guinea, Peru, Philippines, Poland, Romania, Russia, Rwanda, Saint Lucia, Serbia, Slovakia, Spain, Sri Lanka, Thailand, Timor-Leste (East Timor), Togo, Tunisia, United Kingdom, United States of America, Vanuatu, Zambia, Zimbabwe
There is a nominal state church with few privileges or progress is being made toward disestablishment
Religious or ideological indoctrination is utterly pervasive in schools
There is state funding of at least some religious schools
Countries: Argentina, Australia, Bangladesh, Belize, Brunei Darussalam, Burundi, Cameroon, Canada, Comoros, Costa Rica, Côte d'Ivoire, Croatia, Denmark, Dominica, Egypt, Equatorial Guinea, Fiji, Finland, Georgia, Germany, Ghana, Grenada, Guinea, Guyana, Haiti, Hungary, Ireland, Israel, Jamaica, Kosovo, Lesotho, Liberia, Libya, Liechtenstein, Lithuania, Luxembourg, Malawi, Malaysia, Maldives, Malta, Marshall Islands, Mauritius, Mexico, Micronesia, Morocco, Nepal, New Zealand, Nicaragua, Niger, Pakistan, Palau, Papua New Guinea, Paraguay, Philippines, Poland, Rwanda, Saint Kitts and Nevis, Saint Lucia, Samoa, Senegal, Sierra Leone, Singapore, Solomon Islands, Spain, Sri Lanka, Suriname, Switzerland, Togo, Trinidad and Tobago, Tunisia, United Kingdom, United States of America, Vanuatu, Venezuela, Yemen, Zimbabwe
State-funded schools offer religious or ideological instruction with no secular or humanist alternative, but it is optional
Countries: Bahamas, Barbados, Belize, Bosnia and Herzegovina, Botswana, Brazil, Bulgaria, Chile, Colombia, Costa Rica, Cyprus, Denmark, Dominica, Equatorial Guinea, Estonia, Fiji, Finland, Gambia, Germany, Greece, Grenada, Guatemala, Italy, Kiribati, Liberia, Liechtenstein, Moldova, Monaco, New Zealand, Oman, Panama, Papua New Guinea, Paraguay, Peru, Poland, Portugal, Romania, Rwanda, Saint Lucia, Senegal, Seychelles, Solomon Islands, Tanzania, Tonga, Trinidad and Tobago, United Kingdom, Vanuatu, Venezuela
Expression of non-religious views is severely persecuted, or is rendered almost impossible by severe social stigma, or is highly likely to be met with hatred or violence
The non-religious are persecuted socially or there are prohibitive social taboos against atheism, humanism or secularism
Countries: Algeria, Bangladesh, Georgia, India, Indonesia, Jordan, Malaysia, Maldives, Nigeria, Oman, Rwanda, Sri Lanka, Sudan, Turkey
There is significant social marginalisation of the non-religious or stigma associated with expressing atheism, humanism or secularism
Countries: Barbados, Colombia, Egypt, Ghana, Iraq, Kenya, Lebanon, Malaysia, Malta, Poland, Samoa, Tajikistan, Tunisia, Uganda
Expression of core Humanist principles on democracy, freedom and human rights is brutally repressed
Countries: Afghanistan, Bahrain, Brunei Darussalam, Chad, China, Eritrea, Iran, Mauritania, Myanmar (Burma), North Korea, Pakistan, Qatar, Saudi Arabia, Sudan, Syria, United Arab Emirates, Yemen
Expression of core humanist principles on democracy, freedom or human rights is severely restricted
Countries: Algeria, Angola, Azerbaijan, Bangladesh, Belarus, Brazil, Burundi, Central African Republic, Congo, Democratic Republic of, Cuba, Djibouti, Egypt, El Salvador, Equatorial Guinea, Eswatini, Gabon, Gambia, Georgia, Guinea, Honduras, Hungary, India, Indonesia, Iraq, Kazakhstan, Kuwait, Laos, Libya, Malaysia, Maldives, Mali, Morocco, Nicaragua, Nigeria, Oman, Philippines, Russia, Rwanda, Samoa, Somalia, Tajikistan, Thailand, Togo, Tunisia, Turkmenistan, Uzbekistan, Venezuela, Viet Nam, Zambia, Zimbabwe
Expression of core humanist principles on democracy, freedom or human rights is somewhat restricted
Countries: Andorra, Armenia, Benin, Bhutan, Burkina Faso, Cambodia, Cameroon, Congo, Republic of the, Côte d'Ivoire, Dominican Republic, Guatemala, Guinea-Bissau, Israel, Jordan, Kenya, Kyrgyzstan, Lebanon, Lesotho, Liberia, Madagascar, Malawi, Mexico, Mozambique, Niger, Paraguay, Poland, Senegal, Serbia, Sierra Leone, Singapore, South Africa, South Sudan, Sri Lanka, Tanzania, Turkey, Tuvalu, Uganda, United States of America
Some concerns about political or media freedoms, not specific to the non-religious
Countries: Albania, Antigua and Barbuda, Argentina, Austria, Belize, Bolivia, Bosnia and Herzegovina, Botswana, Bulgaria, Cameroon, Canada, Cape Verde, Chile, Colombia, Costa Rica, Croatia, Denmark, Dominica, Ecuador, Equatorial Guinea, Estonia, Ethiopia, Fiji, France, Gambia, Ghana, Greece, Guinea-Bissau, Guyana, Haiti, Hungary, India, Ireland, Japan, Jordan, Kenya, Korea, Republic of, Kosovo, Kuwait, Laos, Latvia, Lebanon, Liberia, Madagascar, Malawi, Malta, Mauritius, Mexico, Moldova, Monaco, Mongolia, Montenegro, Namibia, Nauru, Nepal, Niger, Nigeria, North Macedonia, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Rwanda, Saint Kitts and Nevis, Saint Vincent and the Grenadines, Seychelles, Singapore, Slovakia, Solomon Islands, Spain, Sri Lanka, Tajikistan, Tanzania, Thailand, Timor-Leste (East Timor), Tonga, Turkey, Ukraine, United Kingdom, United States of America, Uruguay, Vanuatu, Viet Nam, Zambia
Religious authorities have supreme authority over the state
State legislation is partly derived from religious law or by religious authorities
Countries: Algeria, Bangladesh, Comoros, Egypt, Indonesia, Iraq, Israel, Lebanon, Malaysia, Morocco, Nigeria, Oman, Pakistan, Palestine, Qatar, Tanzania, Trinidad and Tobago, Tunisia, United Arab Emirates
Preferential treatment is given to a religion or religion in general
This condition is applied where there are miscellaneous indicators that organs of the state offer various forms of support for a religion, or to religion in general over non-religious worldviews, suggesting a preference for those beliefs, or that the organs of that religion are privileged.
Countries: Albania, Algeria, Andorra, Angola, Antigua and Barbuda, Argentina, Australia, Austria, Bahamas, Belize, Bhutan, Bolivia, Bosnia and Herzegovina, Brazil, Burundi, Canada, Cape Verde, Colombia, Croatia, Cyprus, Czech Republic, Denmark, Dominican Republic, Equatorial Guinea, Eritrea, Ethiopia, Finland, Georgia, Germany, Ghana, Guatemala, Guyana, Haiti, Iceland, India, Indonesia, Ireland, Israel, Italy, Jamaica, Japan, Kazakhstan, Kenya, Kyrgyzstan, Lebanon, Liberia, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Mali, Malta, Mauritania, Mauritius, Montenegro, Mozambique, Myanmar (Burma), Nepal, New Zealand, Nigeria, North Macedonia, Oman, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Romania, Rwanda, San Marino, Serbia, Seychelles, Sierra Leone, Singapore, Slovakia, Solomon Islands, Sri Lanka, Tajikistan, Tanzania, Timor-Leste (East Timor), Tunisia, Turkey, Tuvalu, United Kingdom, United States of America, Uzbekistan, Vanuatu, Venezuela, Zimbabwe
Official symbolic deference to religion
Countries: Albania, Andorra, Antigua and Barbuda, Argentina, Australia, Bahamas, Barbados, Belize, Benin, Bhutan, Botswana, Bulgaria, Cameroon, Canada, Chile, Colombia, Congo, Democratic Republic of, Croatia, Cyprus, Djibouti, Dominica, El Salvador, Equatorial Guinea, Eswatini, Finland, Germany, Grenada, Guatemala, Guyana, Hungary, Ireland, Italy, Jamaica, Kenya, Kiribati, Korea, Republic of, Laos, Latvia, Liberia, Malawi, Malaysia, Malta, Marshall Islands, Micronesia, Moldova, Monaco, Myanmar (Burma), Nepal, New Zealand, Nicaragua, Niger, Nigeria, Norway, Palau, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Romania, Russia, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, San Marino, Serbia, Singapore, Tanzania, Thailand, Trinidad and Tobago, Turkey, Turkmenistan, Uganda, United Kingdom, United States of America, Vanuatu, Zimbabwe
Religious or ideological instruction in a significant number of schools is of a coercive fundamentalist or extremist variety
This condition highlights countries where schools subject children to fundamentalist religious instruction with no real opportunity to question fundamentalist tenets, or where lessons routinely encourage hatred (for example religious or ethnic hatred). The wording "significant number of schools" is not given a rigid quantification (sometimes the worst-offending schools are unregistered, illegal, or otherwise uncounted); however the condition is not applied in cases where only a small number of schools meet the description and may be anomalous, as opposed to being indicative of a widespread problem.
Religious schools have powers to discriminate in admissions or employment
Countries: Argentina, Armenia, Bangladesh, Bosnia and Herzegovina, Canada, Equatorial Guinea, Finland, Germany, Haiti, Hungary, Ireland, Israel, Jamaica, Malaysia, Maldives, Malta, Morocco, Myanmar (Burma), Sri Lanka, Uganda, United Kingdom, United States of America, Zimbabwe
State-funded schools provide religious education which may be nominally comprehensive but is substantively biased or borderline confessional
There is a pattern of impunity or collusion in violence by non-state actors against the non-religious
Systemic religious privilege results in significant social discrimination
Countries: Afghanistan, Bangladesh, Barbados, Belarus, Bosnia and Herzegovina, Brazil, Brunei Darussalam, Central African Republic, Chad, Comoros, Djibouti, Egypt, Equatorial Guinea, Eritrea, Eswatini, Ghana, Guinea, Hungary, India, Indonesia, Iran, Iraq, Israel, Jordan, Kuwait, Latvia, Lebanon, Madagascar, Malaysia, Mauritania, Morocco, Myanmar (Burma), Nepal, Oman, Palestine, Paraguay, Qatar, Russia, Samoa, Saudi Arabia, Somalia, Sri Lanka, Sudan, Syria, Thailand, Tunisia, United Arab Emirates, Yemen, Zimbabwe
Some religious courts rule in civil or family matters on a coercive or discriminatory basis
Countries: Comoros, Egypt, Haiti, Jamaica, Lebanon, Malaysia, Nigeria, Palestine, Philippines, Singapore, Turkey
‘Apostasy’ or conversion from a specific religion is outlawed and punishable by death
Countries: Afghanistan, Brunei Darussalam, Iran, Malaysia, Maldives, Mauritania, Nigeria, Qatar, Saudi Arabia, Somalia, Yemen
‘Apostasy’ is outlawed and punishable with a prison sentence
Blasphemy or criticism of religion is restricted in law and is punishable by a fine
Countries: Australia, Austria, Barbados, Brazil, Cambodia, Finland, Italy, Kyrgyzstan, Libya, Moldova, Montenegro, Philippines, Poland, Portugal, Saint Lucia, South Africa, Spain, Switzerland, Taiwan, Thailand, Trinidad and Tobago, Turkmenistan, Uganda, United Kingdom
Concerns that secular or religious authorities interfere in specifically religious freedoms
Countries: Angola, Azerbaijan, Bulgaria, Burundi, Cameroon, China, Congo, Republic of the, Denmark, Ethiopia, Germany, Ghana, Haiti, Hungary, Italy, Kyrgyzstan, Laos, Malaysia, Mauritania, Mexico, Nepal, North Korea, Paraguay, Peru, Philippines, Poland, Singapore, Tajikistan, Tonga, Turkey, Turkmenistan, Tuvalu, Ukraine, Venezuela, Viet Nam
State legislation is largely or entirely derived from religious law or by religious authorities
Countries: Afghanistan, Bahrain, Brunei Darussalam, Iran, Jordan, Kuwait, Libya, Maldives, Mauritania, Saudi Arabia, Somalia, Sudan, Syria, United Arab Emirates, Yemen
There is an established church or state religion
Countries: Algeria, Argentina, Bahrain, Bangladesh, Belarus, Brunei Darussalam, Cambodia, Costa Rica, Denmark, Djibouti, Dominican Republic, Finland, Georgia, Haiti, Iceland, Indonesia, Iran, Israel, Jordan, Kuwait, Libya, Liechtenstein, Malaysia, Maldives, Malta, Mauritania, Monaco, Morocco, Oman, Pakistan, Qatar, Saudi Arabia, Tunisia, Tuvalu, United Kingdom, Yemen, Zambia
Anomalous discrimination by local or provincial authorities, or overseas territories
Countries: Cameroon, Dominica, Ethiopia, France, Ghana, Guinea, India, Jamaica, Malaysia, Mexico, Micronesia, Mongolia, Niger, Paraguay, Peru, Philippines, Rwanda, Switzerland, Thailand, Tonga, Tuvalu, Ukraine, United Kingdom, United States of America, Uruguay
Religious or ideological instruction is mandatory in at least some public schools (without secular or humanist alternatives)
Countries: Argentina, Armenia, Belize, Cambodia, Chad, China, Dominica, Dominican Republic, Germany, Guinea, Haiti, Hungary, Indonesia, Ireland, Jamaica, Jordan, Kosovo, Kuwait, Lesotho, Libya, Malawi, Nepal, Nicaragua, Niger, Palestine, Peru, Philippines, Samoa, Switzerland, Thailand, Uganda, United Kingdom
Government figures or state agencies openly marginalize, harass, or incite hatred or violence against the non-religious
Countries: Afghanistan, Egypt, Hungary, Iran, Malaysia, Maldives, Mauritania, Morocco, Pakistan, Saudi Arabia, Sudan
Government authorities push a socially conservative, religiously or ideologically inspired agenda, without regard to the rights of those with progressive views
Countries: Afghanistan, Algeria, Brazil, Brunei Darussalam, Burundi, China, Cuba, Dominican Republic, Estonia, Georgia, Hungary, India, Iran, Iraq, Israel, Italy, Kazakhstan, Kyrgyzstan, Madagascar, Malaysia, Montenegro, Morocco, Nicaragua, Nigeria, North Macedonia, Pakistan, Papua New Guinea, Poland, Russia, Saint Lucia, Saudi Arabia, Seychelles, Slovakia, Sri Lanka, Sudan, Tanzania, Togo, Trinidad and Tobago, Turkey, Uganda, United Arab Emirates, Vanuatu, Viet Nam, Yemen, Zimbabwe
Discriminatory prominence is given to religious bodies, traditions or leaders
Countries: Algeria, Andorra, Argentina, Armenia, Azerbaijan, Bahamas, Bahrain, Benin, Bhutan, Bosnia and Herzegovina, Brunei Darussalam, Bulgaria, Cambodia, Cameroon, Cape Verde, Central African Republic, Chad, Chile, Colombia, Costa Rica, Croatia, Denmark, Egypt, Equatorial Guinea, Eswatini, Ethiopia, Finland, Gambia, Germany, Grenada, Haiti, Indonesia, Iran, Israel, Italy, Jamaica, Japan, Jordan, Kiribati, Liberia, Libya, Liechtenstein, Lithuania, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Micronesia, Moldova, Morocco, Myanmar (Burma), Nepal, Nigeria, Oman, Papua New Guinea, Philippines, Qatar, Romania, Samoa, Serbia, Sierra Leone, Slovakia, Solomon Islands, Spain, Sri Lanka, Thailand, Timor-Leste (East Timor), Tonga, Tunisia, Tuvalu, Uganda, Ukraine, United Kingdom, United States of America, Yemen, Zambia, Zimbabwe
‘Blasphemy’ or criticism of religion is outlawed and punishable by death
‘Blasphemy’ is outlawed or criticism of religion (including de facto ‘blasphemy’ laws) is restricted and punishable with a prison sentence
Countries: Algeria, Andorra, Antigua and Barbuda, Bahrain, Bangladesh, Cameroon, Cape Verde, Comoros, Cyprus, Denmark, Egypt, El Salvador, Eritrea, Ethiopia, Finland, Gambia, Germany, Grenada, Guyana, India, Indonesia, Iraq, Israel, Jordan, Kazakhstan, Kenya, Kiribati, Kuwait, Lebanon, Malawi, Malaysia, Maldives, Mali, Morocco, Myanmar (Burma), Nepal, Oman, Palestine, Papua New Guinea, Poland, Qatar, Russia, Rwanda, Saint Vincent and the Grenadines, San Marino, São Tomé and Príncipe, Seychelles, Singapore, Slovakia, Solomon Islands, Somalia, Sri Lanka, Sudan, Suriname, Tanzania, Thailand, Trinidad and Tobago, Tunisia, Turkey, United Arab Emirates, Uruguay, Vanuatu, Yemen, Zambia, Zimbabwe
Quasi-divine veneration of a ruling elite is enforced, or a single-party regime holds uncontested power, subject to severe punishment
Legal or constitutional provisions exclude non-religious views from freedom of religion or belief
Countries: Argentina, Burundi, Canada, Eritrea, Haiti, Jordan, Lebanon, Madagascar, Malawi, Malaysia, Morocco, Oman, Philippines, Qatar, Rwanda, Sri Lanka, Tonga
It is illegal to register an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization, or such groups are persecuted by authorities
Countries: Afghanistan, Brunei Darussalam, Burundi, China, Egypt, Indonesia, Iran, Kuwait, Maldives, Morocco, North Korea, Oman, Qatar, Saudi Arabia, Sudan, United Arab Emirates, Yemen
Prohibitive interreligious social control (including interreligious marriage bans)
Countries: Afghanistan, Algeria, Bangladesh, Brunei Darussalam, Djibouti, Egypt, Indonesia, Iraq, Israel, Lebanon, Libya, Maldives, Mauritania, Morocco, Myanmar (Burma), Nigeria, Oman, Pakistan, Qatar, Saudi Arabia, Somalia, Sri Lanka, Sudan, Syria, Tunisia, United Arab Emirates, Yemen
Religious groups control some public or social services
Countries: Algeria, Argentina, Canada, Central African Republic, Chad, Denmark, Germany, Haiti, Hungary, Indonesia, Ireland, Israel, Italy, Jamaica, Lebanon, Malaysia, Marshall Islands, Papua New Guinea, Peru, Philippines, Rwanda, Solomon Islands, Switzerland, Tunisia, United Kingdom, United States of America
It is illegal to advocate secularism or church-state separation, or such advocacy is suppressed
Countries: Afghanistan, Brunei Darussalam, Comoros, Indonesia, Iran, Jordan, Kuwait, Malaysia, Maldives, Oman, Pakistan, Qatar, Saudi Arabia, United Arab Emirates, Yemen
The non-religious are barred from holding government office
There is a religious tax or tithing which is compulsory, or which is state-administered and discriminates by precluding non-religious groups
Countries: Argentina, Austria, Denmark, Finland, Germany, Ghana, Haiti, Hungary, Italy, Pakistan, Peru, Rwanda, Samoa, Sweden, Switzerland
Religious control over family law or legislation on moral matters
Countries: Afghanistan, Algeria, Bahrain, Bangladesh, Belize, Brunei Darussalam, Burundi, Comoros, Djibouti, Egypt, Indonesia, Iran, Iraq, Israel, Jordan, Kuwait, Libya, Malaysia, Maldives, Mauritania, Morocco, Nigeria, Oman, Pakistan, Qatar, Saudi Arabia, Somalia, Sri Lanka, Sudan, Syria, Tanzania, Tunisia, United Arab Emirates, Yemen
It is illegal or unrecognised to identify as an atheist or as non-religious
Countries: Comoros, Egypt, Eritrea, Indonesia, Iran, Iraq, Jordan, Maldives, Morocco, Oman, Pakistan, Saudi Arabia, Somalia, United Arab Emirates
Some concerns about children's right to specifically freedom of religion or belief
This condition may apply if specifically religious education, religious materials, or specific religious denominations are so tightly controlled that children are in fact over-protected from exposure to religion and are likely unable to explore or construct their own worldview in accordance with their evolving capacities. This condition helps us to classify states (perhaps with secular constitutions) which have criminalized specifically religious beliefs or practices. This condition is not applied if the restricted beliefs or practices are found to be outlawed due to their being of an extremist variety. While this condition does not directly reflect discrimination against non-religious persons or non-religious ideas, it does represent an overall threat to freedom of thought, conscience, religion or belief; such restrictions could spill over to affect non-religious beliefs later; and they pose a risk of backlash against over-zealous secular authorities or even against non-religious individuals by association.
Countries: China, Congo, Democratic Republic of, Cuba, Eritrea, Ethiopia, Guinea, Guyana, Italy, Kazakhstan, Laos, Madagascar, Malawi, Malaysia, Mali, Mexico, North Macedonia, Romania, Tajikistan, Togo, Turkmenistan, United States of America, Uzbekistan, Viet Nam, Zimbabwe
State-funding of religious institutions or salaries, or discriminatory tax exemptions
Countries: Algeria, Andorra, Argentina, Armenia, Australia, Austria, Azerbaijan, Bhutan, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Cambodia, Cameroon, Canada, Cape Verde, Chad, Congo, Democratic Republic of, Costa Rica, Côte d'Ivoire, Croatia, Cyprus, Czech Republic, Denmark, Dominican Republic, Egypt, El Salvador, Equatorial Guinea, Estonia, Eswatini, Finland, Georgia, Germany, Greece, Guinea, Haiti, Honduras, Hungary, Iceland, Iran, Ireland, Israel, Italy, Jamaica, Jordan, Kenya, Korea, Republic of, Latvia, Lebanon, Liechtenstein, Lithuania, Luxembourg, Malaysia, Maldives, Malta, Mauritius, Montenegro, Myanmar (Burma), Namibia, Nepal, New Zealand, Nicaragua, North Macedonia, Norway, Oman, Pakistan, Papua New Guinea, Paraguay, Peru, Poland, Romania, Russia, Saudi Arabia, Senegal, Serbia, Slovakia, Spain, Suriname, Switzerland, Thailand, Timor-Leste (East Timor), Togo, Tunisia, Turkey, Turkmenistan, United Kingdom, United States of America, Uruguay, Vanuatu, Venezuela, Yemen, Zimbabwe
It is made difficult to register or operate an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization
Countries: Algeria, Azerbaijan, Bangladesh, Belarus, Comoros, Congo, Democratic Republic of, Egypt, Eritrea, Georgia, Malaysia, Mauritania, Nigeria, Pakistan, Palestine, Senegal, Somalia, Tunisia, United Arab Emirates, Uzbekistan
| Severe Discrimination |
| Systemic Discrimination |
| Mostly Satisfactory |
Constitution and government
Article 33 of Malawi’s Constitution states that “Every person has the right to freedom of conscience, religion, belief and thought, and to academic freedom.” These rights are generally respected by the government. The Constitution, under Article 20, also declares that discrimination of persons on religious grounds is prohibited.
Article 68 of the Constitution reserves 32 out of 80 seats in the Senate for various sectors of society including (1.c.iii) representatives of “religion, who shall include representatives of the major religious faiths in Malawi”, apparently to the exclusion of representatives of secular worldviews and minority religious groups.
Current President Lazarus Chakwera has a special advisor on religious affairs who serves as the government’s link to faith groups and advises the President on issues related to religious policy. Most government meetings and events begin and end with a prayer, usually Christian in nature. At larger events, government officials generally invite clergy of different faiths to participate.
Registration of religious groups
Religious groups must register with the government to be recognized as legal entities. Although registration is not obligatory, it enables the group to acquire land, rent property in its own name, and obtain utility services such as water and electricity. Regardless of registration status, the law permits religious groups to import certain goods duty free. In practice, however, the Ministry of Finance and Economic Affairs rarely grants duty exemptions.
Education and children’s rights
Religious instruction is mandatory in public primary schools as part of Religious and Moral Education, and is available as an elective in public secondary schools. In some schools, the religious curriculum is a Christian-oriented “Bible knowledge” subject, while in others it is an interfaith “Moral and Religious Education” subject drawing from the Christian, Islamic, Hindu, and Baha’i faiths.
In Malawi, many schools are owned by religious bodies and receive funding. At grant-aided schools, a board appointed by the school’s operators decides whether the “Bible knowledge” or the “Moral and Religious Education” curriculum will be used. Muslim organizations continue to request that the Ministry of Education discontinue use of the optional “Bible knowledge” course and use only the broader-based “moral and religious education” curriculum in primary schools, particularly in predominantly Muslim areas.
In 2021, the Ministry of Education signed an MoU with Christian and Muslim leaders that included a provision permitting female students to wear hijabs in their school as part of their uniform. According to the Muslim Association of Malawi, the implementation of this provision is inconsistent, with some students still having to request specific permission to wear the hijab. A separate proposal in the MoU would allow the inclusion of religious minorities on the board of the Malawi Institute of Education, however it is reported that this proposal has yet to be implemented.
In May 2023, the High Court ruled that Rastafarian children with dreadlocks should be enrolled in government schools without hindrance. It declared that the government policy requiring all students to have closely shaven hair for admission into government schools was a violation of the right to education and freedom of religion and amounted to discrimination on religious grounds. The judge ordered the Ministry of Education to issue a letter to all schools in the country allowing Rastafarian children access to education.
Child Marriage
Despite 18 being set as the legal age for marriage in Malawi since 2017, almost half of all girls marry before they turn 18 years old. The adolescent birth rate is high, estimated at 136 per 1,000 births. In 2020, following work by the UN Population Fund, a quarter of the country’s traditional chiefs promised to fight against child marriage in their communities.
Family, community and society
Women’s rights
Serious human rights violations occur against women in Malawi. Violence against women and girls is particularly prevalent and is exacerbated during humanitarian crises. Discrimination against marginalized populations, such as sex workers, and harmful traditional practices are widespread. In addition, information about sexual and reproductive health is rarely available for women and girls and services that do provide guidance are difficult to access.
Abortion
Abortion is illegal in Malawi in all circumstances except if the mother’s life is at risk. Women seeking an abortion face a prison sentence of up to seven years and anyone administering an abortion could face up to 14 years imprisonment. As a result, large numbers of women and girls turn to illegal abortions to end their pregnancies. A joint study by Malawi’s College of Medicine and the U.S.-based Guttmacher Institute reveals more than 140,000 backstreet abortions take place illegally every year in Malawi (a rate of 38 abortions per 1,000 women of reproductive age) resulting in 12,000 deaths. Between 6% and 18% of maternal deaths in Malawi are estimated to be the result of complications from unsafe abortion.
In 2019, a group formed under the name of Religious Leaders Network for Choice and now has more than 1,000 Christian and Muslim members. The group undertakes research into the intersection of religion and sexual and reproductive health rights and advocates for safe access to abortion to policymakers, lawyers, judges, the media and MPs.
Despite these efforts, in June 2021, Malawi’s parliament withdrew an abortion bill from debate following opposition to the proposal to liberalize the country’s law to include circumstances of rape and incest. The withdrawal of the measure from consideration came three months after lawmakers unanimously rejected a motion to debate the Termination of Pregnancy Bill.The bill had been strongly opposed by anti-abortion groups, many citing religious grounds, who urged lawmakers not to debate the issue. The Episcopal Conference of Malawi, the Evangelical Association of Malawi, Malawi Council of Churches and the Muslim Association of Malawi have long resisted any attempt to change the law. Henry Saindi, secretary general of the Episcopal Conference, said: “It is only God who can give or take life irrespective of whatever circumstance that has happened. Human life remains sacred and it must be preserved, promoted and defended. The bill does not reflect our values, our culture and our aspirations as the nation.”
Reports suggest that anti-abortion organizations funded by US groups spread misinformation in Malawi. According to Reverend Cliff Nyekanyeka, who coordinates the Religious Leaders Network for Choice, “They say, ‘this is not your phenomenon in Africa. You don’t need abortions because this is a western thing’. But these people who are dying here in Malawi are Malawians.”
LGBTI+ rights
Chapter XV of the Penal Code, on “Offences Against Morality,” contains several provisions that criminalize adult consensual same-sex conduct. Section 153 provides that any person found guilty of committing an “unnatural offence /offence against the order of nature” is liable to 14 years in prison, with or without corporal punishment. Section 154 punishes attempted unnatural offences with seven years’ imprisonment, and section 156 punishes “gross indecency” between males with five years in prison, with or without corporal punishment. While these laws date back to British colonialism, former President Bingu wa Mutharika’s government enacted a new anti-homosexuality law in January 2011, amending the Penal Code to extend the crime of “gross indecency” to women. Section 137A of the amended Penal Code provides that any female person who, whether in public or private, commits “any act of gross indecency with another female” shall be guilty of an offense and liable to a prison term of five years.
The challenges facing LGBTI+ people in Malawi have been further exacerbated by the lack of clarity and divergent opinions regarding the legality of a moratorium on arrests and prosecutions for consensual same-sex conduct acts, issued in 2012 by the Minister for Justice, Samuel Tembenu. In December 2015, the Minister reaffirmed the moratorium but in 2016, Christian religious leaders were successful in getting the Mzuzu High Court to issue an order suspending the moratorium pending judicial review by the Constitutional Court.
In June 2024, Malawi’s Constitutional Court rejected a legal challenge to the Penal Code’s provisions by Malawian trans woman Jana Gonani with the assistance of Nyasa Rainbow Alliance, a Malawian LGBTI+ organization. The Constitutional Court joined Gonani’s case to an ongoing separate challenge to all three of Malawi’s laws criminalizing same-sex sexual conduct. According to Human Rights Watch, “the court’s decision exacerbates risks of arbitrary arrests and prosecutions against LGBTI+ people, as well as the unlawful shutdown of LGBTI+ rights organizations.” In the lead up to the verdict some faith and religious leaders led an anti-LGBTI backlash, including nationwide demonstrations. The Nyasa Rainbow Alliance received threats and abuse including a raid on their offices in June 2023 by unknown individuals.
LGBTI+ people in Malawi face routine violence and discrimination in almost all aspects of their daily lives. Police physically assault, arbitrarily arrest and detain them, sometimes without due process or a legal basis, at other times as punishment for simply exercising basic rights, including seeking treatment in health institutions.
Witchcraft accusations
Belief in witchcraft in Malawi has led to a number of mob attacks on people accused of witchcraft in recent years. This continues to happen at an alarming rate with the elderly and children being the primary victims. Reports indicate that in 2019 alone, at least 66 people were killed over accusations of witchcraft.
The Centre for Human Rights and Rehabilitation (CHRR) and the Centre for the Development of People in Malawi issued a joint statement in 2021 which noted that they were “dismayed by the continued attacks on people accused of witchcraft in the country and the failure to bring to justice perpetrators of such crime”.
In the same year, the Malawian Government unsuccessfully proposed a change in the law to officially recognize and penalize witchcraft. Humanists Malawi argued that this proposal was “misguided,” and would likely lead to further stigmatization of those labelled ‘witches’ and those working to support them. The special commission behind the proposal suggested that such a law would be in line with “Malawian beliefs.” The recommendation is now at the cabinet level, waiting to be debated as a bill in parliament.
In April 2022, the Afrobarometer survey report established that over 74% of the country’s population believes in the existence of witchcraft. This percentage equally comprises both the urban and rural populations.
Persecution of people affected by albinism
People with albinism in Malawi are at risk of attack and abduction due to the superstitious belief that their body parts can be used to bring luck and wealth. Since 2014, more than 170 people with albinism have been killed, including children and babies. Amnesty International has reported a huge rise in attacks over the last two years. In 2023, six people including a police officer and a Catholic priest were found guilty of transacting human remains of a person with albinism and sentenced to 30 years imprisonment with hard labor. The high profile case has had political ramifications as some of the suspects alleged the involvement of senior politicians. Despite activists demanding the release of the findings of at least two government commissions of inquiry in the past few years, none have yet been made public.
Freedom of expression, advocacy of humanist values
Freedom of expression is guaranteed under Articles 34 and 35 of the Constitution. Citizens are typically free to express their personal views without fear of surveillance or retribution. However, many Malawians do not feel comfortable criticizing the government and engage in self-censorship. This self-censorship is encouraged by Article 181 of the Penal Code, which notes that “every person who in public places conducts himself in a manner likely to cause a breach of the peace shall be liable to a fine and to imprisonment of three months”.
The Electronic Transactions and Cybersecurity Act of 2016 places restrictions on online communications to “protect public order and national security”. The law also penalizes “offensive communication” via online platforms with fines or a maximum 12 months prison sentence. Moreover, Section 4 of the Protected Flag, Emblems and Names Act 2012 makes it an offense to “do any act or utter any words or publish or utter any writing calculated to insult, ridicule or to show disrespect” to the President, the national flag, armorial ensigns, the public seal or any other protected emblem or likeness. However, this law is rarely enforced and the crime of sedition was repealed in 2022.
Media Freedoms
Freedom of the press is legally guaranteed. However, Malawian journalists are sometimes subjected to physical violence while reporting on demonstrations or police activity. They can also face arbitrary arrests, threats and online intimidation. Reports indicate that in recent years members of political parties and law enforcement agents have been known to assault journalists and investigative journalists have been forced to flee the country.
In November 2023, Zodiak Broadcasting Station reporter Raphael Mlozoa had his phone seized by police officers who deleted photos he had taken while covering anti-government protests in the Magochi district. The images showed officers arresting a demonstrator.
In 2024, the Malawi Defence Force (MDF) threatened to arrest top investigative journalist Gregory Gondwe, following his report exposing the military’s multi-million-dollar payments to companies owned by a businessman under investigation for corruption. Gondwe has gone into hiding following the threats.
According to Reporters Without Borders, religious groups are influential in the media and promote their faith through community radio stations, including Radio Maria and Radio Islam.
Blasphemy
The Penal Code of Malawi criminalizes insult to religion under “Chapter XIV: Offenses Relating to Religion”; such offenses are punishable by a one-year prison sentence.
Article 127: Insult to religion of any class:
“Any person who destroys, damages, or defiles any place of worship or any object that is held sacred by any class of persons with the intention of thereby insulting the religion of any class of persons, or with the knowledge that any class of persons is likely to consider such destruction, damage, or defilement as an insult to their religion, shall be guilty of a misdemeanor.”
Article 129: Trespassing on burial places:
“Every person who with the intention of wounding the feelings of any person or of insulting the religion of any person, or with the knowledge that the feelings of any person are likely to be wounded, or that the religion of any person is likely to be insulted thereby, commits any trespass in any place of worship or in any place of sepulture or in any place set apart for the performance of funeral rites or as a depository for the remains of the dead, or offers any indignity to any human corpse, or causes disturbance to any persons assembled for the purpose of funeral ceremonies, shall be guilty of a misdemeanor.”
Article 130: Writing or uttering, words with intent to wound religious feelings:
“Any person who, with the deliberate intention of wounding the religious feelings of any other person, writes any word, or any person who, with the like intention, utters any word or makes any sound in the hearing of any other person or makes any gesture or places any object in the sight of any other person, shall be guilty of a misdemeanor and shall be liable to imprisonment for 1 year.”
No recent cases of arrests or prosecutions under these provisions have been found.
Negative perceptions of atheists and humanists
In May 2021, award-winning Malawian poet Robert Chiwamba produced a poem in which he called atheists ‘fools’. In the poem, he quoted Psalms 14:1 which says “the fool hath said in his heart, there is no God. They are corrupt, they have done abominable works, there is none that doeth good”. According to media reports, Chiwamba has been known to use the bible to attack other groups, such as the LGBTI+ community.