Malawi

Malawi is a landlocked state in southern central Africa, a former British colony, with an estimated population of 17.5 million people, from several tribal groupings.[ref]https://malawi.unfpa.org/sites/default/files/resource-pdf/2018%20Malawi%20Population%20and%20Housing%20Census%20Main%20Report%20%281%29.pdf[/ref] Constitutionally, it has been a multi-party democracy since 1994.

According to the 2018 Malawi Population and Housing Census, 67.4% of the population identify as Christian, 13.8%as Muslim, and 5.6% identified as belonging to other religions, whilst 2.1% of the population identified that they had no religion.[ref]https://malawi.unfpa.org/sites/default/files/resource-pdf/2018%20Malawi%20Population%20and%20Housing%20Census%20Main%20Report%20%281%29.pdf[/ref]

Use of Conscientious Objection clauses resulting in the denial of lawful services to women and LGBTI+ people
Religious or ideological instruction is mandatory in all or most state-funded schools with no secular or humanist alternative
Insufficient information or detail not included in this report
Insufficient information or detail not included in this report

Countries: Kazakhstan

The state is secular, with separation of religious and political authorities, not discriminating against any religion or belief
Insufficient information or detail not included in this report
No fundamental restrictions on freedom of expression or advocacy of humanist values
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

Countries: Andorra

No condition holds in this strand
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 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)

The non-religious are persecuted socially or there are prohibitive social taboos against atheism, humanism or secularism
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.

Countries: North Korea

Expression of core Humanist principles on democracy, freedom and human rights is brutally repressed
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
There is significant social marginalisation of the non-religious or stigma associated with expressing atheism, humanism or secularism
Religious or ideological indoctrination is utterly pervasive in schools
There is a nominal state church with few privileges or progress is being made toward disestablishment

Countries: Bulgaria, Norway, Peru, Rwanda

The non-religious are barred from some government offices (including posts reserved for particular religions or sects)
‘Apostasy’ is outlawed and punishable with a prison sentence

Countries: Bahrain, Comoros, Jordan, Kuwait

‘Apostasy’ or conversion from a specific religion is outlawed and punishable by death
Some religious courts rule in civil or family matters on a coercive or discriminatory basis
Religious authorities have supreme authority over the state

Countries: Iran

State legislation is partly derived from religious law or by religious authorities
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.

There is a pattern of impunity or collusion in violence by non-state actors against the nonreligious
State-funded schools provide religious education which may be nominally comprehensive but is substantively biased or borderline confessional
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.

State legislation is largely or entirely derived from religious law or by religious authorities
Anomalous discrimination by local or provincial authorities, or overseas territories
Religious or ideological instruction is mandatory in at least some public schools (without secular or humanist alternatives)
‘Blasphemy’ or criticism of religion is outlawed and punishable by death
Government figures or state agencies openly marginalize, harass, or incite hatred or violence against the non-religious
Government authorities push a socially conservative, religiously or ideologically inspired agenda, without regard to the rights of those with progressive views
It is illegal to advocate secularism or church-state separation, or such advocacy is suppressed
Prohibitive interreligious social control (including interreligious marriage bans)
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 belief
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
There is a religious tax or tithing which is compulsory, or which is state-administered and discriminates by precluding non-religious groups
The non-religious are barred from holding government office
Some concerns about children's right to specifically religious freedom

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.

It is illegal or unrecognised to identify as an atheist or as non-religious
It is made difficult to register or operate an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization
 
Severe Discrimination
Systemic Discrimination
Mostly Satisfactory

Constitution and government

Article 33 of the Constitution[ref]https://www.constituteproject.org/constitution/Malawi_2017.pdf?lang=en[/ref] 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.[ref]http://www.sdnp.org.mw/constitut/brfindx.html[/ref]

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.[ref]http://www.sdnp.org.mw/constitut/chapter6.html[/ref]

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 as Bible Knowledge.[ref]https://www.state.gov/wp-content/uploads/2021/05/240282-MALAWI-2020-INTERNATIONAL-RELIGIOUS-FREEDOM-REPORT.pdf[/ref] 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.[ref] Mkhutche, W. (2021). Humanism and Politics in Malawi; Short Essays, Lilongwe: Wissen Books.
[/ref] 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.[ref]https://www.state.gov/reports/2016-report-on-international-religious-freedom/malawi/[/ref]

According to media reports, religious conflicts often arise related to locally promulgated school dress codes, prescribing a particular uniform and appearance that did not allow female students to wear the hijab. The conflicts most often arise when religious schools that receive government money turn students away in violation of national policy.[ref]https://www.state.gov/wp-content/uploads/2021/05/240282-MALAWI-2020-INTERNATIONAL-RELIGIOUS-FREEDOM-REPORT.pdf[/ref] The reports state that some religious school leaders believe, erroneously, that religious schools can make their own policies; in fact, only if they are fully private and receive no government funds can they do so.[ref]https://www.state.gov/wp-content/uploads/2021/05/240282-MALAWI-2020-INTERNATIONAL-RELIGIOUS-FREEDOM-REPORT.pdf[/ref] On 18 September 2020, a Joint Technical Team was established under the guidance of the Public Affairs Committee comprising seven Muslims and seven Christians to engage in dialogue on general dress codes in schools.[ref]https://www.state.gov/wp-content/uploads/2021/05/240282-MALAWI-2020-INTERNATIONAL-RELIGIOUS-FREEDOM-REPORT.pdf[/ref] On 28 October, a group of Muslim individuals set fire to the office of the head teacher of a primary school in a majority-Muslim district after he turned away a female student wearing the hijab.[ref]https://www.state.gov/wp-content/uploads/2021/05/240282-MALAWI-2020-INTERNATIONAL-RELIGIOUS-FREEDOM-REPORT.pdf[/ref]

In addition to this, Muslim organizations continue to request that the education ministry 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.[ref]https://www.state.gov/wp-content/uploads/2021/05/240282-MALAWI-2020-INTERNATIONAL-RELIGIOUS-FREEDOM-REPORT.pdf[/ref] According to Alhaji Twaibu Lawe, the Muslim Association of Malawi secretary general, the issue arises most frequently in grant-aided, Catholic-operated schools.[ref]https://www.state.gov/wp-content/uploads/2021/05/240282-MALAWI-2020-INTERNATIONAL-RELIGIOUS-FREEDOM-REPORT.pdf[/ref]

Malawi has ratified most international conventions on child labour. However, a recent report criticizes the use of child labor in the tobacco industry and the trafficking of children to fish in Tanzania.[ref]http://206.155.102.64/country,,,,MWI,,560e3e640,0.html[/ref]

Family, community and society

Malawi continues to experience violations against Persons with Albinism with cases of killings and abductions of boys and girls, men and women.[ref]https://africa.unwomen.org/en/where-we-are/eastern-and-southern-africa/malawi[/ref]

Witchcraft

Belief in witchcraft in Malawi has led to a number of mob attacks on people accused of the act in recent years. This continues to happen at an alarming rate with the elderly[ref]https://www.dandc.eu/en/article/many-people-malawi-believe-witchcraft-causes-death[/ref] and children[ref]https://www.academia.edu/6200581/Child_Witchcraft_Accusations_in_Southern_Malawi[/ref] being the primary victims. Reports indicate that in 2019 alone, at least 66 people were killed over accusations of witchcraft.[ref]https://www.nyasatimes.com/csos-appeal-for-swift-investigations-into-salima-witchcraft-killing-urge-chakwera-to-do-more-than-ratifying-elderly-protocol/[/ref] The Centre for Human Rights and Rehabilitation (CHRR) and the Centre for the Development of People in Malawi issued a joint statement in April 2021 which noted that “they are dismayed by the continued attacks on people accused of witchcraft in the country and the failure to bring to justice perpetrators of such crime”.[ref]https://www.nyasatimes.com/csos-appeal-for-swift-investigations-into-salima-witchcraft-killing-urge-chakwera-to-do-more-than-ratifying-elderly-protocol/; Mkhutche, W. (2021). Humanism and Politics in Malawi; Short Essays, Lilongwe: Wissen Books.
[/ref]

Though Christianity is the largest religion in the country, many conventional rituals are still practiced. For example, some Christian men in Malawi practice polygamy despite many Christian churches preaching against it. This practice has been linked to the prevalence of HIV/AIDS. However, the Malawian justice system does not provide protection to women who were infected by their spouses.[ref]http://thewip.net/2013/04/10/kheliwes-story-male-polygamy-and-hiv-infection-in-malawi/[/ref] The rise in rape cases has also been blamed on superstition.[ref]https://4state.news/superstition-blamed-for-rise-in-malawi-rape-cases/[/ref]

Humanists Malawi challenges witchcraft as an un-evidenced superstition often resulting in abuse and persecution for those accused of “witchcraft”. The organization secured funding to run a large project, protecting “witchcraft’s” true victims: those accused of being “witches”. Humanists Malawi researches cases of witchcraft-based violence and in particular has worked to highlight the role of police in upholding or undermining the human rights of those accused of witchcraft.[ref]http://nyasatimes.com/2013/08/15/anti-god-activist-thindwa-urges-police-to-enforcelaws-on-witchcraft/[/ref]

LGBTI+ Community

The United Nations Human Rights Committee during its last review of Malawi in 2014, highlighted a number of issues for Malawi to rectify, such as the criminalization of consensual adult same-sex sexual conduct, violence against lesbian, gay, bisexual and transgender persons, stigma and discrimination in access to health care services and responsibilities of the Malawi Human Rights Commission.[ref]https://www.hrw.org/news/2021/02/25/human-rights-watch-submission-republic-malawi-un-human-rights-committee[/ref]

In 2018, Human Rights Watch documented the impact of Malawi’s Penal Code[ref]https://acjr.org.za/resource-centre/Malawi_penal_code_pdf_14611.pdf[/ref] criminalizing consensual same-sex relations and found that the punitive legal environment combined with social stigma allows police abuse to go unchecked and prevents many lesbian, gay, bisexual, and transgender (LGBTI+) people from reporting violence or accessing health care services.[ref]https://www.hrw.org/news/2021/02/25/human-rights-watch-submission-republic-malawi-un-human-rights-committee[/ref]

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.[ref]https://www.hrw.org/news/2021/02/25/human-rights-watch-submission-republic-malawi-un-human-rights-committee[/ref] 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 offence and liable to a prison term of five years.

A constitutional review of section 153(a) of the Penal Code (referenced above), initiated in September 2013 before the High Court in Lilongwe, is still delayed on procedural grounds over eight years later, but remains a potential a path to decriminalizing consensual same-sex conduct in the country.[ref]https://www.hrw.org/news/2021/02/25/human-rights-watch-submission-republic-malawi-un-human-rights-committee[/ref]

LGBTI+ people face routine violence and discrimination in almost all aspects of their daily lives.[ref]https://www.hrw.org/report/2018/10/26/let-posterity-judge/violence-and-discrimination-against-lgbt-people-malawi[/ref] Police often 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.[ref]https://www.hrw.org/report/2018/10/26/let-posterity-judge/violence-and-discrimination-against-lgbt-people-malawi[/ref]

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 justice minister, Samuel Tembenu.[ref]https://www.hrw.org/news/2021/02/25/human-rights-watch-submission-republic-malawi-un-human-rights-committee[/ref] 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.[ref]https://www.hrw.org/news/2021/02/25/human-rights-watch-submission-republic-malawi-un-human-rights-committee[/ref] This uncertainty encourages private individuals to attack LGBTI+ people with impunity, while health providers frequently discriminate against them on the grounds of sexual orientation.[ref]https://www.hrw.org/news/2021/02/25/human-rights-watch-submission-republic-malawi-un-human-rights-committee[/ref]

Women’s rights

Major human rights violations occur against women in Malawi, including: violence against women and girls, with heightened vulnerability in humanitarian crises; lack of information on sexual and reproductive health and rights or access to these services, especially for young people; lack of educational advancement leading to economic opportunities, especially for girls; discrimination against marginalized populations, such as sex workers; and harmful traditional practices affecting women and girls, such as child marriage.[ref]https://malawi.unfpa.org/en/topics/human-rights-and-gender-equality-2[/ref]

Half of the girls in Malawi marry before they turn 18 years old.[ref]https://www.hrw.org/news/2017/08/07/sadc-recommit-human-rights-protection;https://data.unwomen.org/country/malawi[/ref] The adolescent birth rate is 137.6 per 1,000 women aged 15-19 as of 2015, up from 135.9 per 1,000 in 2014.[ref]https://data.unwomen.org/country/malawi[/ref] In 2016, 24.3% of women aged 15-49 years reported that they had been subject to physical and/or sexual violence by a current or former intimate partner in the previous 12 months.[ref]https://data.unwomen.org/country/malawi[/ref] Evidence suggests that 42% of married women have experienced spousal violence.[ref]https://data.unwomen.org/country/malawi[/ref]

Abortion is illegal in Malawi in all circumstances except if the mother’s life is at risk, offenders face up to 14 years imprisonment. 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.[ref]https://www.voanews.com/a/africa_malawi-parliament-withdraws-abortion-rights-bill-after-objections/6207221.html; https://reproductiverights.org/high-court-of-malawi-clarifies-law-on-abortion/[/ref] The withdrawal of the measure from consideration comes three months after lawmakers unanimously rejected a motion to debate the Termination of Pregnancy Bill.[ref]https://www.voanews.com/a/africa_malawi-parliament-withdraws-abortion-rights-bill-after-objections/6207221.html; https://reproductiverights.org/high-court-of-malawi-clarifies-law-on-abortion/[/ref] The bill has been strongly opposed by anti-abortion groups, many citing religious grounds, which urged lawmakers not to debate the issue.[ref]https://www.voanews.com/a/africa_malawi-parliament-withdraws-abortion-rights-bill-after-objections/6207221.html[/ref] 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.[ref]https://www.theguardian.com/global-development/2021/feb/25/malawi-mps-debate-bill-to-liberalise-abortion-laws-as-churches-oppose[/ref] 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.”[ref]https://www.theguardian.com/global-development/2021/feb/25/malawi-mps-debate-bill-to-liberalise-abortion-laws-as-churches-oppose[/ref]

A joint study by Malawi’s College of Medicine and the U.S.-based Guttmacher Institute[ref]https://www.guttmacher.org/news-release/2017/clandestine-and-unsafe-abortion-common-malawi#[/ref] 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) and 12,000 deaths result.[ref]https://www.voanews.com/a/africa_malawi-parliament-withdraws-abortion-rights-bill-after-objections/6207221.html[/ref] Between 6% and 18% of maternal deaths in Malawi are estimated to be the result of complications from unsafe abortion.[ref]https://www.theguardian.com/global-development/2021/feb/25/malawi-mps-debate-bill-to-liberalise-abortion-laws-as-churches-oppose[/ref] There is a one in 29 chance that a 15-year-old girl in Malawi will eventually die from a pregnancy-related condition.[ref]https://www.guttmacher.org/news-release/2017/clandestine-and-unsafe-abortion-common-malawi#[/ref] One of the most recent is the death of a 14-year-old girl in central Malawi in May 2021 after she took an herbal concoction in an attempt to terminate a five-month pregnancy.[ref]https://www.voanews.com/a/africa_malawi-parliament-withdraws-abortion-rights-bill-after-objections/6207221.html[/ref]

Arbitrary arrests

Arbitrary arrests and detentions are common. Defendants are entitled to legal representation under Articles 41-43 of the Constitution, but in practice they are frequently forced to represent themselves in court. Although the law requires that suspects be released or charged with a crime within 48 hours of arrest, these rights are often denied.[ref]https://freedomhouse.org/country/malawi/freedom-world/2020[/ref] Case backlogs contribute to lengthy pretrial detention; those awaiting trial make up about 18 percent of the prison population.[ref]https://freedomhouse.org/country/malawi/freedom-world/2020[/ref]

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.[ref]https://freedomhouse.org/country/malawi/freedom-world/2020[/ref] 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 of K50 and to imprisonment of three months”.

The Electronic Transactions and Cybersecurity Act of 2016[ref]https://malawilii.org/mw/legislation/act/2016/33[/ref] places restrictions on online communications to “protect public order and national security”. The law also penalizes “offensive communication” via online platforms with fines of Malawian Kwacha (MWK) 1,000,000 (USD 1,352) or a maximum 12 months prison sentence. Moreover, Section 4 of the Protected Flag, Emblems and Names Act 2012[ref]https://www.malawilaws.com/alphabetical-list-of-statutes/chapter-18-03protected-flag-emblems-and-names[/ref] makes it an offence 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. The Penal Code penalizes sedition (punishable with a fine of up to MWK 354, 845 – USD Dollars 480 – and imprisonment of five years for first time offenders and seven years for subsequent offences), and libel (up to two years imprisonment).

Civil society leaders have expressed suspicions that the government monitors their electronic communications using new technology that was introduced in 2017.[ref]https://freedomhouse.org/country/malawi/freedom-world/2020[/ref]

Freedom of the press is legally guaranteed under Article 36 of the Constitution and traditionally respected in practice. However, news outlets have experienced intimidation and undue regulatory interference in recent years. In June 2019, the Malawi Communications Regulatory Authority imposed an indefinite suspension on call-in radio programs, citing concerns that they would instigate violence in the context of post-election protests.[ref]https://freedomhouse.org/country/malawi/freedom-world/2020[/ref] The High Court lifted the ban in September after the Malawi chapter of the Media Institute of Southern Africa—in collaboration with local broadcasters—argued that it violated freedom of expression.[ref]https://freedomhouse.org/country/malawi/freedom-world/2020[/ref]

Blasphemy

The Penal Code of Malawi criminalizes insult to religion[ref]https://www.uscirf.gov/sites/default/files/2020%20Blasphemy%20Enforcement%20Report%20_final_0.pdf[/ref] 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.”

Only one case has been found by USCIRF,[ref]https://www.uscirf.gov/sites/default/files/2020%20Blasphemy%20Enforcement%20Report%20_final_0.pdf[/ref] otherwise, no records could be found for the use of these Articles.[ref]https://end-blasphemy-laws.org/countries/africa-sub-saharan/malawi/[/ref]

Discrimination against atheists and humanists

In May 2021, award-winning Malawian poet Robert Chiwamba[ref]https://en.unesco.org/global-mil-week-2019-feature-conference/robert-chiwamba[/ref] produced a poem in which he called atheists ‘fools’.[ref]https://www.nyasatimes.com/robert-chiwambas-atheists-are-fools-poem-raps-humanists/[/ref] 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”.[ref]https://www.nyasatimes.com/robert-chiwambas-atheists-are-fools-poem-raps-humanists/[/ref] According to media reports, Chiwamba has been known to use the bible to attack other groups, such as the LGBTI+ community.

Attacks against human rights defenders and political opposition

There have been numerous reports of the Malawi police attacking human rights defenders and political opposition in the country.

On 30 August 2018, five unidentified individuals invaded the Center for Human Rights and Rehabilitation (CHRR) offices and severely beat a security guard (who sustained two broken front teeth) before trying to petrol-bomb the offices.[ref]https://www.hrw.org/news/2018/10/15/joint-letter-calling-investigation-attack-chrr-and-other-human-rights-defenders[/ref] As of 2019 (the most recent reports available) the police had not indicated any progress in investigations since the filing of the complaint by a CHRR staff member.[ref]https://www.hrw.org/news/2018/10/15/joint-letter-calling-investigation-attack-chrr-and-other-human-rights-defenders; https://www.amnesty.org/en/latest/press-release/2019/08/malawi-human-rights-defender-survives-petrolbomb-attack-car-burned-to-ashes/[/ref]

In two other incidents in 2018, unknown individuals sent death threats to Youth and Society Director Charles Kajoloweka, and in August 2018, unidentified attackers in Mangochi torched a vehicle belonging to opposition legislator Agness Nyalonje of the United Transformation Movement (UTM). The arson attacks took place ahead of a planned rally by the opposition UTM.

More recently, in August 2020, the home of the Malawi Human Rights Defenders Coalition (HRDC) chair Timothy Mtambo was attacked with gasoline bombs.[ref]https://freedomhouse.org/country/malawi/freedom-world/2020[/ref] In September 2020, ruling party youth cadres reportedly hacked HRDC leader Billy Mayaya and four others with machetes, leaving them with serious injuries.[ref]https://freedomhouse.org/country/malawi/freedom-world/2020[/ref] In October 2020, Mtambo was shot multiple times in Lilongwe.[ref]https://freedomhouse.org/country/malawi/freedom-world/2020[/ref]

Human rights defenders often complain that the police treat their complaints with indifference and take no action to carry out investigations.[ref]https://www.hrw.org/news/2018/10/15/joint-letter-calling-investigation-attack-chrr-and-other-human-rights-defenders[/ref]