Malawi

Malawi

Right	Section	Contents
Freedom of Association	History	The 1964 Malawi Constitution guaranteed freedom of association in Article 11(b) and in Article 21(1). According to Article 21(1): "Except with his own consent, no person shall be hindered in the enjoyment of his freedom of assembly and association, that is to say, his right to assemble freely and associate with other persons and in particular to form or belong to trade unions or other associations for the protection of his interests." Adopted on May 16, 1994, the Constitution of Malawi asserts the right to freedom of association to all citizens in the country’s legal code. Article 32 states that “[e]very person shall have the right to freedom of association, which shall include the freedom to form associations” and “[n]o person maybe be compelled to belong to an association” (Malawi 1994, 16). References: 1964 Malawi Constitution: http://citizenshiprightsafrica.org/wp-content/uploads/2022/03/Malawi-Constitution-1964.pdf Malawi. "Malawi's Constitution of 1994 with Amendments through 1999." Constitute Project. 1994. https://faolex.fao.org/docs/pdf/mlw136089.pdf.
Freedom of Expression	History	According to the 1964 Constitution of Malawi, Article 20(1): “Except with his own consent, no person shall be hindered in the enjoyment of his freedom of expression, including freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference (whether the communication to be the public generally or to any person or class of persons) and freedom from interference with his correspondence.” References: 1964 Malawi Constitution: http://citizenshiprightsafrica.org/wp-content/uploads/2022/03/Malawi-Constitution-1964.pdf
Freedom of Religion	History	The first assertion of freedom of religion in Malawi’s independent history is contained in the country’s 1964 Constitution. Article 19(1) specifically defines this right: “Except with his own consent, no person shall be hindered in the enjoyment of his freedom of conscience, and for the purposes of this section the said freedom includes freedom of thought and of religion, freedom to change his religion or belief, and freedom, either alone or in community with others, and both in public and private, to manifest and propagate his religion or belief in worship, teaching, practice and observance.” References: “Constitution of Malawi.” Citizenship Rights Africa. Accessed July 26, 2023. http://citizenshiprightsafrica.org/wp-content/uploads/2022/03/Malawi-Constitution-1964.pdf
Freedom of the Press	History	Article 20(1) of the 1964 Malawi Constitution referred to freedom of expression generally, and specified the"freedom to communicate ideas and information without interference (whether the communication to be the public generally or to any person or class of persons.)" Article 36 of Malawi’s 1994 Constitution protects press freedom: “The press shall have the right to report and publish freely, within Malawi and abroad, and to be accorded the fullest possible facilities for access to public information" (Constitute Project, “Malawi’s Constitution of 1994” ). References: “Constitution of Malawi.” Citizenship Rights Africa. http://citizenshiprightsafrica.org/wp-content/uploads/2022/03/Malawi-Constitution-1964.pdf 1994 Malawi Constitution: https://faolex.fao.org/docs/pdf/mlw136089.pdf
Privacy Rights	History	The 1964 Malawi Constitution protects the person from search and the home from entry and search at article 17(1). Article 11(c) promises to the citizen of Malawi "protection for the privacy of his home and other property." Article 20(1) protected against interference with correspondence. The 1994 Malawi Constitution protects personal privacy in Article 21. As defined in the article, personal privacy protects possessions, home, and property (Constitute Project, “Malawi 1994 rev. 2017” ). References: “Constitution of Malawi.” Citizenship Rights Africa. Accessed July 26, 2023. http://citizenshiprightsafrica.org/wp-content/uploads/2022/03/Malawi-Constitution-1964.pdf https://www.constituteproject.org/constitution/Malawi_ 2017? lang=en
Voting Rights and Suffrage	History	Under Article 77, an eligible voter must be a citizen of Malawi or a Malawi resident of at least 7 years, 18 years of age or older, and a resident of the constituency of which they are trying to vote. If all of these are true, the voter may participate in general elections, by-elections, presidential elections, local government elections, and referendums. (Constitute Project, “Malawi’s Constitution of 1994 with Amendments through 2017” ).