Mr. Amir said that he would like to propose technical assistance to the delegation to assist it in drafting its periodic report, as technical difficulties had been put forward as one of the major reasons for the State party’s failure to submit its report. As far as the Committee was concerned, Mr. Amir said the Committee should ask further questions in order to help the delegation with the drafting of the report. He noted that the State party had never reported to the Committee. In August 2003, the Committee had examined the situation in the State party under its review procedure and had adopted concluding observations. Those conclusions had already been sent to Malawi.
Situation in the SeychellesRAGHAVAN VASUDEVAN PILLAI, the Committee Expert serving as country Rapporteur, presenting the situation in Seychelles, said that in the absence of a periodic report from the State party and in the absence of any response to its letters, the Committee had decided to send a list of questions to the State party. The President therefore wrote to the Permanent Representative of the Seychelles in New York in August 2005 seeking a response by 31 January 2006. The Ambassador was informed that in the absence of any response from Seychelles on that date that the Committee would adopt preliminary observations on the situation in the country. Pillai recalled that the Seychelles had ratified the Convention in 1978, and the last periodic report by that country had been considered in August 1988. Pillai drew attention to the preamble of the Constitution of Seychelles, which stated that the people were aware and proud that as descendants of different races they had learned to live together as one nation and could serve as an example of a harmonious multi-racial society.
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Situation in MalawiPresentation of Situation Analysis Report GERTRUDE LYNN HIWA, Chief Parliamentary Draftperson of the Ministry of Justice and Constitutional Affairs, noted that the situation analysis report, which had been submitted to the Committee, was in response to the issues raised by the Committee and was primarily to initiate a dialogue between the Committee and Malawi; it did not remove Malawi’s obligation to submit the overdue periodic reports to the Committee. Malawi had become a State party to the Convention in 1996 and had five outstanding periodic reports.
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Hiwa said that the delegation welcomed the proposal to provide technical assistance to Malawi to draft its report. Further Questions and Comments Raised by Experts Experts raised further questions and made other comments on various subjects including the need for Malawi to address a number of questions in its report, including the question of remedies for acts of racial discrimination and the subject of human rights education; what legal protections refugees had under Malawian law; and the independence of the justice system and what influence professionals had in that system.
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Amir drew attention to the fact that the penal code criminalized discrimination and that Malawi had established a human rights Ombudsman. Officially, Mr. Amir observed, there were no Malawian refugees in other countries. However, Malawi had some 1, 000 refugees on its territories coming from Rwanda, Ethiopia, Burundi, the Democratic Republic of the Congo and other countries Mr. Amir said he could not but note that there were some ethnic tensions and antagonisms within Malawi. However, those antagonisms had been reduced since 1994. They would have to wait for the report of Malawi before making a global determination on the situation of discrimination in that country. Response of Delegation Ms.
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Ms. Hiwa said that Malawi was divided into three administrative regions North, Central and South and its peoples came from different tribes. There were also communities of people of Asian and European origins in Malawi, especially in the urban centres. So far, Malawi had not had any significant issues relating to racial discrimination. Hiwa noted that the Constitution – the supreme law of the land – expressly prohibited discrimination of any kind. Other laws, such as the Employment Act and Labour Relations Act also prohibited discrimination. The Constitution ensured and protected the civil, political and social rights of all Malawians regardless of their race, culture or religion.
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