Experts of the Committee on the Rights of Persons with Disabilities Acknowledge Malawi’s Efforts to Implement the Convention, Ask Questions on Persons with Disabilities’ Involvement in Disaster Management and Measures to Promote Sign Language
The Committee on the Rights of Persons with Disabilities today concluded its consideration of the combined first and second report of Malawi on its implementation of the Convention on the Rights of Persons with Disabilities. Committee Experts acknowledged the positive steps the State had taken to implement the Convention, while asking questions about the involvement of persons with disabilities in disaster management and measures to promote sign language in the country.
Laverne Jacobs, Committee Expert and Taskforce Member for Malawi, acknowledged the positive steps Malawi had taken to implement the Convention. The Committee appreciated the work of the Malawi Government to review and revise legislation and policies to harmonise them with the Convention and to support the rights of persons with disabilities more effectively.
Abdelmajid Makni, Committee Expert and Taskforce Member for Malawi, asked what efforts were made to align national risk reduction and humanitarian policies with the Sendai Framework for Disaster Risk Reduction 2015-2030. Could information be provided on the participation of persons with disabilities in drafting and implementing measures to prevent and reduce risk and manage catastrophes? What measures had been taken to set up a targeted catastrophe response framework to protect the rights of persons with disabilities on an equal footing, notably in the context of health emergencies such as COVID-19?
Samuel Njuguna Kabue, Committee Expert and Taskforce Member for Malawi, asked what measures were taken to promote sign language and interpreters to bridge the information gap for the deaf throughout the country? What steps had been taken to ensure media broadcasters provided sign language interpretation, particularly in the news? What measures were taken to ensure all Government websites were accessible to persons with disabilities, particularly visually impaired individuals who used screen readers?
The delegation said Malawi continued to face disasters, which significantly impacted persons with disabilities. Incidents such as COVID-19 and the recent Cyclone Freddy had exposed ineffective approaches and taught the country important lessons, including to effectively reach out to groups such as persons with disabilities. The Government was making progress to ensure inclusive approaches in responses to emergencies and in distribution of humanitarian aid. Persons with disabilities, through their representative organisations, participated in policy discussions to promote disability mainstreaming. The Government also procured and provided assistive devices by persons with disabilities who were affected by floods to promote their mobility.
From August 2021, the delegation said, sign language was mandated by the Government as an official language on all public broadcasting channels. This was yet to be taken up by private broadcasting channels. The reason for the slow uptake was a lack of resources; there were 10 sign language interpreters in Malawi and 30 communications supporters who had mastered sign language skills and could become interpreters if the training was provided. More work needed to be done to ensure government websites were accessible to persons with disabilities, and the Government had already collaborated with organisations including the World Bank to enhance digital inclusion for persons with disabilities, with a particular focus on those in rural areas.
Introducing the report, Jean M. Sendeza, Minister of Gender, Community Development and Social Welfare and Head of the Delegation, said persons with disabilities were specifically recognised in the Constitution of Malawi as a group of marginalised persons that required special protection to ensure they could enjoy their fundamental rights and freedoms. To ensure that the specific concerns of persons with disabilities were addressed, the Government of Malawi enacted the Disability Act in 2012, which domesticated the objectives of the Convention. The Government had plans to develop a new piece of legislation that would regulate all matters relating to persons with disabilities in Malawi. Ms. Sendeza noted that while Malawi was making some strides in ensuring that the provisions of the Convention were implemented at the national level, there had been some challenges, including inadequate funds to implement progressive laws and policies; a lack of coordinated data collection mechanisms; and limited training and capacity development of public officers in addressing the needs of persons with disabilities.
In concluding remarks, Jean M. Sendeza, Minister of Gender, Community Development and Social Welfare and Head of the Delegation, thanked the Committee for the questions posed and insights shared. Malawi was committed to ensuring the provisions of the Convention were implemented to the fullest extent to better the lives of persons with disabilities.
Samuel Njuguna Kabue, Committee Expert and Taskforce Member for Malawi, said it had been a pleasure to hear about the legislative and policy reforms which had taken place in the country, and those that were underway to implement the Convention. Malawi was urged to protect the gains made on promoting the rights of all persons with disabilities and to improve their participation in public life and living conditions.
The delegation of Malawi consisted of representatives of the Ministry of Gender, Community Development and Social Welfare; the Ministry of Education; the Ministry of Justice; the Ministry of Health; the Malawi Assembly; the Malawi Council for the Handicapped; and the Permanent Mission of Malawi to the United Nations Office at Geneva.
The Committee will issue its concluding observations on the report of Malawi after its twenty-ninth session, which will conclude on Friday, 8 September 2023. Summaries of the public meetings of the Committee can be found here, while webcasts of the public meetings can be found here. The programme of work of the Committee’s twenty-ninth session and other documents related to the session can be found here.
The Committee will next meet in public at 3 p.m. to consider the initial report of Andorra (CRPD/C/AND/1).
Report
The Committee has before it the combined first and second report of Malawi (CRPD/C/MWI/1-2).
Presentation of Report
JEAN M. SENDEZA, Minister of Gender, Community Development and Social Welfare and Head of the Delegation, said it had been a long journey for Malawi from the ratification of the Convention in 2009 to the submission of the State party report in 2017, primarily due to financial and technical constraints. Once the necessary support was provided, the Government completed the report in 2016. According to Malawi’s 2018 Population and Housing Census, there were 1,734,250 persons with disabilities in Malawi aged five years and older, representing about 11.6 per cent of the total population. Persons with disabilities were specifically recognised in the Constitution of Malawi as a group of marginalised persons that required special protection to ensure they could enjoy their fundamental rights and freedoms.
To ensure that the specific concerns of persons with disabilities were addressed, the Government of Malawi enacted the Disability Act in 2012, which domesticated the objectives of the Convention. The Government was currently reviewing this Act, with plans to repeal the Handicapped Persons Act and the Disability Act and replace them with a new piece of legislation that would regulate all matters relating to persons with disabilities in Malawi. Another legislative development was the passing in December 2022 of the Penal Code Amendment Bill, which enhanced the legal framework for sexual offences against children with mental disabilities by strengthening penalties against sex offenders, among other measures. The Government was also developing a new national disability policy in line with the Convention. The National Disability Mainstreaming Strategy and Implementation Plan (2018–2023) was currently being actioned, which focused on policies that considered the development needs of persons with disabilities.
To combat attacks against persons with albinism, the Malawi Government had implemented numerous measures, including a National Action Plan on Persons with Albinism, a multi-sectoral National Technical Committee on Abuse of Persons with Albinism and training of police prosecutors and magistrates across the country in prosecuting cases of attacks against persons with albinism, among other measures. The Malawi Judiciary had introduced specialised High Court divisions; was working towards the re-introduction of a functional e-case management system; had developed the capacity of judicial officers, increased the number of judges, and revamped and scaled up the use of mobile courts. The recent Cyclone Freddy, which hit Malawi in 2023, caused significant damage to homes and infrastructure and nearly 700 deaths, including over 260,000 people with disabilities.
The Government had developed and was implementing the National Strategy on Inclusive Education, which trained teachers. In 2019, the Ministry of Education introduced a one-year Blended Learning Inclusive Education certificate course for training an average of 200 inclusive education teachers every year at Montfort SNE College. Other measures put in place to actualise inclusive education included improving physical infrastructure by building ramps and widening the doors as well as building disability-friendly toilets, and providing assistive products.
The Government of Malawi continued to work closely with international organisations and regional bodies, including the African Commission on Human and Peoples Rights and the African Committee of Experts on the Rights and Welfare of the Child, to promote and protect the rights of persons with disabilities. While Malawi was making some strides in ensuring that the provisions of the Convention were implemented at the national level, there had been some challenges, including inadequate funds to implement progressive laws and policies; a lack of coordinated data collection mechanisms; and limited training and capacity development of law enforcement officers, judicial officers and medical practitioners in addressing the needs of persons with disabilities, among other factors. Ms. Sendeza reiterated Malawi’s commitment to ensuring that the provisions of the Convention were implemented at the national level. She appealed to international and regional partners to provide the necessary technical assistance to help Malawi to build the capacity necessary to implement the Convention.
Questions by Committee Experts
LAVERNE JACOBS, Committee Expert and Taskforce Member for Malawi, acknowledged the positive steps Malawi had taken to implement the Convention. The Committee appreciated the work of the Malawi Government to review and revise legislation and policies to harmonise them with the Convention and to support the rights of persons with disabilities more effectively. Could the Committee have more information on the changes being made on the Persons with Disabilities Bill? What was the current status of the bill and when would it be completed entirely? What measures had the Government taken to ensure consultation with persons with disabilities regarding all changes to the bill? Had the Disability Trust Fund been established? If not, how were disabilities programmes and services funded? If it had been set up, what were the currently practices of the Fund? How were women and children with disabilities being actively involved in programmes and services which aimed to support the rights of persons with disabilities? What plans were in place to implement a national legislative framework on persons with disabilities?
What steps had the Government taken to promote the training of staff working with persons with disabilities? The number of cases brought before the Malawi Human Rights Commission by persons with disabilities was low; how was the Government raising awareness of the rights of persons with disabilities on their ability to seek redress? Did the antidiscrimination law prohibit discrimination on grounds of disability? How were laws and policies relating to women and girls being designed to ensure they also addressed the concerns of women and girls with disabilities? Information had been received that schoolgirls with disabilities were unable to attend classes due to lack of access to menstruation materials. What plans had been made to address this situation?
Ms. Jacobs thanked the delegation for updates on efforts to address the violent attacks on persons with albinism. The Committee had received reports that people with albinism continued to face attacks that were sometimes fatal, due to misconceptions. What additional plans existed to strengthen the rights of persons with albinism?
Responses by the Delegation
The delegation said the Persons with Disabilities Bill was being tabled before the full cabinet soon, and it was hoped it would be published before the end of August. The Bill would be more effective in enforcing the rights of persons of disabilities, including through the creation of an enforcement mechanism that did not rely on the courts. The legal protection and guarantees of persons with disabilities was addressed in the Disabilities Act. This did not single out specific groups of persons with disabilities, to avoid omitting specific groups of persons with disabilities. All rights and freedoms enshrined in the Act also applied to women and girls with disabilities.
The Government implemented disability programmes through the budget for disability services, which covered resources for the Disability Trust Fund. The fund was in place to facilitate cooperation in undertaking disability programmes, as well as to increase the provision of disability programmes. The Government had been funding the Disability Trust Fund from the 2019/2020 financial year. The Government had appointed a Board of Trustees who had developed guidelines for administering the Fund. In line with the Disability Trust Fund Regulations of 2020, trustees needed to agree on the proportion of funds allocated, and this would be reviewed from time to time. The total funding of 475 million Malawian Kwacha was distributed for displacement, investment and administrative expenses. A proper mechanism would be put in place for channelling proceeds from penalties and levies into the Fund.
The Government had guidelines on safe schools to ensure schools had all the necessary tools to support diversity. Dignity kits had been provided to all girls, including those with disabilities, to ensure they had the means to attend school. The Government had mainstreamed gender-based violence and disabilities programmes into plans regarding women with disabilities. Issues of child rights had been mainstreamed through safe schools initiatives, which had greatly reduced cases of discrimination. The Government had established “children’s corners,” where children could gather to play and receive some psychosocial services.
The rights stated in the Disability Act were intended to amplify the rights already guaranteed under Malawi’s Constitution. Currently, any person with a disability who believed their rights had been violated could commence a civil suit in the High Court. The proposed Persons with Disabilities Bill would empower the Malawi Council for Disability Affairs to address complaints relating to discrimination. The Council would be available to the courts as a quicker mechanism for redress.
Questions by Committee Experts
LAVERNE JACOBS, Committee Expert and Taskforce Member for Malawi, asked if there were examples where companies had donated funds to the Disability Trust Fund. Were donor companies’ commitments to disability rights verified? How was reasonable accommodation provided to persons with disabilities generally? How would the Mental Treatment Act be modified to comply with the provisions of the Convention?
ABDELMAJID MAKNI, Committee Expert and Taskforce Member for Malawi, asked what efforts were made to align national risk reduction and humanitarian policies with the Sendai Framework for Disaster Risk Reduction 2015-2030. Could information be provided on the participation of persons with disabilities in drafting and implementing measures to prevent and reduce risk and manage catastrophes? What measures had been taken to set up a targeted catastrophe response framework to protect the rights of persons with disabilities on an equal footing, notably in the context of health emergencies such as COVID-19? What measures had been taken to strengthen and replace substitute decision making with supported decision making? What measures had been taken to ensure persons with disabilities could act as witnesses, jury members, law enforcement officers and prison officers?
What measures were in place to prevent persons from disabilities from being subject to gender-based violence and other acts of inhumane treatment? What measures had been taken to collect and analyse data about the prevalence of violence against persons with disabilities? It was concerning that women under guardianship could face forced sterilisation. The lack of information and awareness raising about sterilisation was also concerning. What was being done to prohibit sterilisation being undertaken at the request of family members and guardians? What measures were being undertaken to raise awareness on reproductive health for women and girls with disabilities? What measures were taken to ensure deinstitutionalisation, and to provide accessible health and education services?
Responses by the Delegation
The delegation said the Government was developing an investment plan for the Trust Fund to instil confidence for companies on how their contributions for the fund would be used. The United Nations Children’s Fund was supporting this plan. The Government had yet to begin the review of the Mental Treatment Act, but would do so within the 2023/2024 financial year. The main purpose of the review was to ensure that mental health legislation complied with international human rights instruments, including the Convention. Malawi maintained its protectionist stance towards persons with severe intellectual disabilities who were unable to manage their affairs. In these cases, a legal guardian could act for this person. The Government, within the Persons with Disabilities Bill, proposed to mandate guidelines on implementing reasonable accommodation. Failure to adhere to these standards obliged a compliance order to be issued.
Malawi continued to face disasters, which significantly impacted persons with disabilities. Gaps remained in Malawi’s preparedness response and recovery interventions, which needed to be bridged to fully address issues that affected persons with disabilities in times of disasters and pandemics. Incidents such as COVID-19 and the recent Cyclone Freddy had exposed ineffective approaches and taught the country important lessons, including to effectively reach out to groups such as persons with disabilities. The Government was making progress to ensure inclusive approaches in responses to emergencies and in distribution of humanitarian aid. It had developed guidelines for protection interventions in humanitarian settings during periods of emergency.
Persons with disabilities, through their representative organisations, participated in policy discussions to promote informed decisions on disability mainstreaming. The Government procured and provided assistive devices by persons with disabilities who were affected by floods to promote their mobility. Officers were actively involved in assessing the impact of disasters in communities and planning for interventions, so disability matters were well addressed. The Government had incorporated disability in its disaster risk assessments and important procedures to ensure information on persons with disabilities affected by disasters, especially floods, was known. This had been seen in the response to the recent Cyclone Freddy.
The Government recognised that assistive devices played an important role in facilitating the enjoyment of the rights of persons with disabilities. The adoption of the national medical rehabilitation policy in 2022 signified the Government’s commitment to ensuring assistive devices were available and affordable. To achieve this, the Government had made several additional commitments, including to incorporate a specific budget line for assistive devices, to procure assistive devices based on the specifications of the intended user, and to provide training for medical rehabilitation personnel, among other measures. The Government had recently developed accessibility standards for new and existing buildings. No building would be approved for construction unless it complied with these standards. Assistive devices were included in the essential list of medical equipment, allowing for a clear budget line for procurement.
The Government was aware of incidents of sexual violence and abuse of women and girls with a disability happening in their respective homes, often committed by close family members. These incidents mostly remained unnoticed due to victims’ reluctance to report. The Government was arresting perpetrators and providing psychosocial support to victims. It had strengthened district disability forums to identify persons with disabilities within their communities and advocate for their improved wellbeing.
Questions by Committee Experts
ABDELMAJID MAKNI, Committee Expert and Taskforce Member for Malawi, asked about the extent to which new management plans had been drawn up in consultation with persons with disabilities. Did the judicial system guarantee that persons with psychosocial disabilities could speak for themselves and be recognised? Would the guardianship system be replaced by assisted decision-making? Did staff from the police forces and penitentiary systems receive training to ensure they were aware of the rights of persons with disabilities and the Convention? What was the plan for deinstitutionalisation which would ensure persons with disabilities were removed from institutions and placed in accessible communities?
Malawi was a transit country with a platform for welcoming migrants and asylum seekers. Did the established camps welcome persons with disabilities? Were the human rights of refugees with disabilities fully respected? What was being done to ensure they were treated with respect and dignity and had access to fundamental rights and services?
SAMUEL NJUGUNA KABUE, Committee Expert and Taskforce Member for Malawi, asked what measures were taken to promote sign language and interpreters to bridge the information gap for the deaf throughout the country? What steps had been taken to ensure media broadcasters provided sign language interpretation, particularly in the news? What measures were taken to ensure all Government websites were accessible to persons with disabilities, particularly visually impaired individuals who used screen readers? What was the impact of the Access to Information Act of 2017? What measures were taken to ensure data protection and protection of privacy for persons with disabilities, particularly deaf women seeking sexual and reproductive health services? What plans were underway to review sections of the Marriage, Divorce and Family Relations Act of 2015, which removed the legal capacity of persons with psychosocial disabilities to marry? What was the Government doing to rectify the situation where children with disabilities were denied the right to be raised by their parents, and instead were subjected to institutionalisation? What support was provided to single women with disabilities who were heads of families?
Why did the national inclusive education policy not cover all types of disabilities or consider a gender perspective? Girls had special circumstances and needed specific measures to benefit from education. What was the timeline for moving from segregated education to inclusive education? How was the Government addressing accessibility of education facilities, the inadequacy of teaching materials and the negative attitude of society towards persons with disabilities? What long term plans were in place to ensure that all in service health providers and health facilities in Malawi were equipped for disability management, including accessibility, means of communication and health information? What measures were in place to promote and finance community-based rehabilitation programmes, which were largely managed by non-State actors? What resources would be invested to create national programmes which fell under the responsibility of the Government?
It was concerning that the Persons with Disabilities Bill was taking so long; what was the timeline for its enactment? How had persons with disabilities been involved in its development? What was being done to overcome stigma regarding employment of persons with disabilities? What plans were in place to ensure persons with disabilities could benefit directly from social protection measures such as cash transfers? What plans did the Government have to review laws which denied persons with disabilities their legal capacity? What measures were taken to implement Section 19 of the Disability Act, which recognised persons with disabilities as beneficiaries of recreation and culture? How were recreational and cultural activities made accessible to persons with disabilities? Did the Government publish information on disability statistics? How were persons with disabilities involved in the ongoing discussions on Agenda 2030 and the Sustainable Development Goals? How would the Government address the underfunding of the Human Rights Commission? It was currently only sitting at 49 percent capacity; this needed to be addressed. How would the Government fast-track implementation of the objectives of the Disability Trust Fund?
Responses by the Delegation
The delegation said the review process of the Disability Act and the development process of the draft Persons with Disabilities Bill were inclusive and participatory. The drafting involved representatives of governments, persons with disabilities, civil society and other stakeholders. The two main organisations which represented the rights of persons with disabilities in Malawi were part of this process, participating in roundtable talks. Malawi did not institutionalise persons with disabilities, except with those with severe mental or psychosocial disabilities, who were taken to mental health facilities. Persons with disabilities stayed in their communities with their families and friends. Care through “leisure centres” was a new concept for Malawi, and the State needed technical assistance to implement this approach.
From August 2021, sign language was mandated by the Government as an official language on all public broadcasting channels. This was yet to be taken up by private broadcasting channels. The reason for the slow uptake was a lack of resources; there were 10 sign language interpreters in Malawi and 30 communications supporters who had mastered sign language skills and could become interpreters if the training was provided. Non-governmental organisations provided training to help increase the number of sign language interpreters. More work needed to be done to ensure government websites were accessible to persons with disabilities, and the Government had already collaborated with organisations including the World Bank to enhance digital inclusion in the country for persons with disabilities, with a particular focus on those in rural areas. All personal information was confidential, and the Electronic Transaction and Cybersecurity Act provided for the protection of personal data. Malawi had provided sign language training for health workers to address the communication barrier faced by persons with hearing impairments. The goal was to ensure all health facilities in the country had at least one worker who was well versed in sign language.
There were persons with disabilities employed in most ministries and departments within the Malawian Government. There were persons with disabilities who occupied senior positions, including directors, members of boards of commissioners, deputy directors and many more. For the first time, a person with albinism had been employed by the Malawian police service.
The Disability Trust Fund was fully operational and was developed to enhance disability programmes in Malawi in line with the Convention. The Government had recently developed Malawi standards on accessibility in the built environment, which meant no new building for use by the public would be approved for construction unless it complied with the State standards on accessibility. Once the Bill was enacted, all buildings which were not accessible would be forced to comply with these standards.
The Persons with Disabilities Bill was currently undergoing cabinet processes and would be tabled at the next session of parliament in November this year. The Malawi Human Rights Commission was undergoing a review to determine the funding requirements and Government support needed. The Government provided disability data through the national statistics offices. The Employment Act prohibited discrimination based on any grounds. The employment of vulnerable groups such as women and persons with disabilities was important for poverty eradication. These groups were underrepresented in the labour market. Labour laws were being reviewed to make them more gender sensitive and to promote the rights of persons with disabilities in the workplace. The Government had undertaken a review of the Marriage, Divorce and Family Act, with all relevant stakeholders consulted in the review process. The Social Cash Transfer programme had recently been scaled up to all 28 districts which meant an increased number of persons with disabilities now benefitted from the programme. Household members who were recognised as “labour constrained,” including those with disabilities, received cash transfers. Around 30,000 persons with disabilities were beneficiaries of the social cash transfer programme in Malawi, with just over half of these beneficiaries being women. The Parliamentary Elections Act made provisions for ensuring persons with disabilities could vote in privacy, particularly during elections. A voter who was blind could vote accompanied by another registered voter of their choice or a polling station officer.
Educational personnel had been trained in comprehensive sexuality education and were expected to cascade information in their zones. Other groups were trained in inclusive education to promote the education rights of persons with disabilities. Malawi was committed to inclusive and equitable education at all levels. The Ministry of Education was constructing 257 schools across Malawi to increase access to education. Four per cent of the budget of the Ministry of Education was used to purchase equipment for special needs students. The Government was implementing different initiatives to build the capacity of teachers regarding inclusive education. More than 1,000 lecturers at teaching colleges were trained in 2022 on inclusive pedagogical approaches. The Government provided funding for inclusive education, and this had increased over the past three years. A platform had been provided which allowed everyone to participate in education. This had overcome segregation issues.
Questions by Committee Experts
SAMUEL NJUGUNA KABUE, Committee Expert and Taskforce Member for Malawi, said there were only 10 professional sign language interpreters, which was insufficient. What was the plan for the Government to train more interpreters to narrow this gap? What support was given to women with disabilities who had children to ensure they were not separated from each other? Malawi had acknowledged to the Committee on the Rights of the Child that children were sometimes placed in “alternative placements,” despite the delegation saying there was no institutionalisation in Malawi. Could Malawi clarify on this issue?
The Committee was aware of countries which showed progress in employment of persons with disabilities in the government and parliament. Malawi used to be one of the countries which showed progress, but this was no longer the case. How was it ensured Malawi was not regressing when it came to the participation of persons with disabilities in public life, particularly at higher levels? How was Malawi ensuring that persons with disabilities could run their own businesses and be self-employed? How were persons with disabilities facilitated to participate in the implementation of the Sustainable Development Goals?
A Committee Expert said some phrases used in official documentation, including “mental disability”, “severe mental disability” and “handicapped”, were not in line with human rights language. Would Malawi change its language to be compliant with the Convention? What was Malawi doing to ensure persons with disabilities had their own organisations? Were there any awareness raising measures to increase awareness about the rights in the Convention targeted at governments, officials and the public to combat stigmatism against persons with disabilities? What measures were in place to ensure people with an intellectual or psychosocial disability could speak for themselves in the judiciary?
A Committee Expert asked about the existing mechanism to ensure that all policies and programmes were disability inclusive and gender sensitive. What measures were being taken to prevent discrimination against learners with disabilities? What kind of redress was in place for learners with disabilities who were discriminated against in education settings?
A Committee Expert asked what measures were in place to ensure meaningful participation of persons with disabilities in the development and implementation of legislative polices? What effective mechanisms were in place to ensure that instances of exploitations, violence and abuse against persons with disabilities were investigated and prosecuted appropriately?
Another Expert asked which resources and support services were provided to children with disabilities who were under guardianship measures? Was the State party applying laws to prevent the perpetuation of harmful practices such as forced and early marriage, female genital mutilation, polygamy and the cleansing of widows? What measures were being taken to prevent women from being subjected to human trafficking? What measures were being taken to make up for the shortfall in data on persons with albinism in Malawi?
A Committee Expert asked to what extent women with disabilities were involved in developing the new law on persons with disabilities. How did the State assist persons with psychosocial disabilities to operate their own bank account?
A Committee Expert said Malawi had hosted around 45,000 refugees in the Jeleka camp, which had been constructed to host 10,000 refugees. What were the specific measures the Government had taken to fulfil the pledges it had made, including on how to include refugees with disabilities into the National Development Agenda?
Another Expert asked if the 10,000 classrooms mentioned were being prepared to facilitate an inclusive space for children with disabilities. What was being done to ensure training facilities for health professionals operated under a human rights approach?
A Committee Expert congratulated Malawi on their registration programme for children. Based on these official registrations, how many children had disabilities or albinism?
A Committee Expert asked what steps were being taken to ensure the judiciary and legal professionals were trained to provide disability aware legal counsel? Another Expert asked what were the therapy services provided by the State party to persons suffering from albinism?
A Committee Expert asked for information and statistics on forced sterilisation, and measures taken to eliminate such practices.
A Committee Expert asked what programmes and measures the Government would put in place for every woman and girl with disability? How would it be ensured that someone who was visually impaired could independently vote in Malawi? How would it be ensured that social protection scheme money went straight into the hands of persons with disabilities?
Responses by the Delegation
The delegation said the Government of Malawi would work to train more sign language interpreters and appealed to the United Nations and international partners to assist with this training. Prisoners with disabilities were kept separate from regular prisoners. The Government was taking steps to improve the living conditions of prisoners, but they sometimes fell short. It was working to reduce prison overcrowding by increasing the floor space in prisons. A new prison would be constructed which aimed to address accessibility issues.
Malawi had taken several measures to eliminate harmful cultural practices, including through several pieces of legislation that criminalised harmful practices. A national strategy had been adopted which focused on ending child marriage. Religious leaders were also playing a crucial role in eliminating harmful cultural practices within communities.
Since the 2008 Population and Housing Census, the National Statistical Office had been including disability questions in the Census. Questions on albinism and epilepsy were included from 2018. More than 1340,000 persons with albinism lived in Malawi. There had been 214 registered cases of attacks on persons with albinism since 2014. The Malawi Electoral Commission had been engaging with political parties to consider the interests of persons with disabilities as voters and candidates. Braille and tactile ballot papers had also been used in the last national elections in 2019 and 2020 for persons with visual impairments.
Closing Remarks
JEAN M. SENDEZA, Minister of Gender, Community Development and Social Welfare and Head of the Delegation, thanked the Committee for the questions posed and insights shared. The dialogue had been constructive. Malawi looked forward to receiving the concluding observations, which would aid the continuation of the journey toward the promotion, protection and fulfilment of the rights of persons with disabilities. Malawi was committed to ensuring the provisions of the Convention were implemented to the fullest extent to better the lives of persons with disabilities.
SAMUEL NJUGUNA KABUE, Committee Expert and Taskforce Member for Malawi, said it had been a pleasure to hear about the legislative and policy reforms which had taken place in the country, and those that were underway to implement the Convention. The areas of intent, if implemented, would take the promotion of the rights of persons with disabilities to new heights. It was regretful that the review of the 2012 Persons with Disabilities Act had taken so long and was still to be enacted into law. There was also a gap between policy and practice, where many good laws had yet to be enforced. The appeal for further finances was acknowledged. Malawi was urged to protect the gains made on promoting the rights of all persons with disabilities and to improve their participation in public life and living conditions.
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