4.2 Malawi (1995) The Malawian “1995 - 1996 National Plan of Action in the Field of Human Rights” is set out in a four-page document, with an introduction drafted in the form of a resolution. It begins with a preamble asserting Malawi’s “commitment to building a State based upon democracy, human rights and fundamental freedoms protected under the rule of law”, a reflection of the fact that Malawi held its first democratic, multiparty elections ever in 1994. The preamble also emphasizes the importance of international assistance and cooperation and refers to the recommendation on national action plans in the Vienna Declaration and Programme of Action. The plan was drafted and adopted by the Inter-ministerial Committee for Human Rights and Democracy. The Committee was chaired by a high official from the Office of the President and Cabinet and comprised the Permanent Secretaries of all the ministries most directly concerned with human rights as well as representatives of Parliament, the judiciary and the police. The plan was subsequently adopted by the Cabinet and publicized in the national media. The Malawian plan is structured around five sections: A. B. C. D. E. The Creation of an Effective Legal Framework for the Promotion and Protection of Human Rights; The Strengthening of Implementation Mechanisms; Public Information and Training Campaigns; The Strengthening of National Monitoring Capacity; Implementation of the National Plan of Action. In section A, the plan notes that international human rights treaties to which Malawi is a State party have been incorporated in domestic legislation through the Constitution. In the plan, the Government undertook to facilitate wide awareness of these provisions and to consider ratification of instruments to which Malawi was not a party. The Government also undertook to review domestic law and practice to ensure conformity with international standards. Section B contains an undertaking to ensure that provisions of applicable human rights treaties are reflected in policy formulation. The Government undertook to establish human rights focal points in relevant departments and agencies, which would have responsibility, inter alia, for preparing reports required by the treaties. This would be done in consultation with concerned NGOs. Steps would be taken to reform and strengthen the administration of justice in Malawi. In the Section on “Public Information and Training Campaigns”, the Government undertook to disseminate widely the texts of treaties and to develop special materials for the general public. It also indicated it would take steps to develop relevant school and tertiary courses. The plan envisaged the involvement of NGOs in this process. In section D, on “Strengthening National Monitoring Capacity”, the Government committed itself to ensuring effective and independent monitoring of human rights treaties and stated that it would seek assistance for the establishment of an office of 26