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DOMESTICATION OF INTERNATIONAL HUMAN RIGHTS LEGISLATION |
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We are not currently being supported to enact this project, but we would hope that in the future opportunities will arise for us to take action on this. The project, when enacted, will address the following of AYISE's core areas:
The Issues - click here to read more
The African Youth Charter describes the rights and responsibilities of African Youth, and yet Malawi is yet to ratify this piece of legislation. In addition, there are a number of international legal instruments pertaining to human rights which Malawi has ratified but is yet to enact into law, and as such Malawi's action on human rights can be described as lagging behind other countries. This is despite the existence of point 211 of the Malawi Constitution which provides for domestication of international agreements entered into after 1994.
The Project - click here to read more
We will run a training session for MPs, especially Chairpersons of the various Parliamentary Committees, on national and international human rights instruments. Malawian ministers may not be aware of the current gap between the list of international human rights instruments ratified, and the smaller list of those that have been enacted into Malawian Law, and so this training session will highlight to them the work they need to do. We will hold lobbying meetings with: The Legal Affairs Committee of Parliament, all Chairpersons and all Vice-Chairpersons. At these meetings we will lobby for the domestication of international human rights instruments, as required by point 211 of the Malawian Constitution. This point provides for domestication of international agreements entered into after 1994. The reference to the constitution will be a strong tool in our debates with these high-status individuals, and will advise them of the gravity of the situation. The Legal Affairs Committee of Parliament, Minister of Justice and Constitutional Affairs, Minister of Foreign Affairs on the need for ratification of the African Youth Charter (AYC) by Malawi as a state party. The AYC, as a regional instrument, has yet to be ratified by Malawi, and we will point out that this is a glaring omission on the part of the Government of Malawi to abide by it’s own commitments to human rights, and youth rights specifically. The Cabinet through the Minister of Youth Development and Sports, and the Minister of Justice and Constitutional Affairs, where we will discuss the need for more binding and enforceable instruments of Malawian Laws pertaining to human rights. Briefing packs and booklets on all national and international human rights instruments shall be compiled for the information and knowledge of the meeting attendees.
The Outcomes and Findings - click here to read more
AYISE’s goal is for this project to lead to an orderly society founded on principles of respect for human rights as an international and local norm. By kickstarting dialogue on the international human rights instruments which have been ratified by Malawi that await domestication, and on one specific document that has not yet been ratified (the AYC), we hope to improve the enforceability of Malawian human rights laws, and thus improve the legal status of human rights within Malawi. In addition, through our lobbying for the ratification of the AYC we hope to enable the Malawian Government to develop supportive policies towards youth – as youth can have the greatest impact on the future of Malawi. A youth who are brought up in a society where the human rights legislation framework is properly enforceable and organized will have a deeper respect for human rights.
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