States at UN review Urge Malawi to Decriminalise and Protect LGBTIQ+ Persons from Torture and Discrimination
On 4 November 2025, during Malawi’s fourth Universal Periodic Review (UPR) before the UN Human Rights Council (HRC), numerous UN Member States urged Malawi to decriminalise consensual same-sex relations and take concrete steps to prevent, investigate, and prosecute acts of torture, ill-treatment, and discrimination against LGBTIQ+ persons.
The UPR is a peer review mechanism of the HRC, aimed at improving the human rights situation in UN member states. It provides an important opportunity for governments and civil society organisations to provide first-hand information, highlight progress, and identify gaps in human rights protection.
In anticipation of Malawi’s review, REDRESS, the Centre for Development of People (CEDEP), and nine other Malawian organisations made a joint submission to the UN HRC, highlighting the alarming pattern of violence and abuse against LGBTIQ+ persons in Malawi and proposing recommendations for States to consider during the review.
The submission documented widespread violence, discrimination and abuse targeting LGBTIQ+ persons in Malawi, including arbitrary arrests, physical assaults, sexual violence, harassment, and emotional abuse perpetrated by both State and non-State actors. It also noted that stigma and social exclusion limit the access of LGBTIQ+ persons to basic services like healthcare, education, and legal aid.
The submission emphasized that these violations are compounded by Malawi’s continued criminalisation of same-sex relations and its failure to criminalise torture as a separate offence under domestic law. The joint submission urged States to recommend that Malawi:
- Enact legislation criminalising torture in line with Article 1 of the UN Convention against Torture,
- Take measures to prevent and punish discriminatory torture against LGBTIQ+ persons; and
- Investigate and prosecute all allegations of violence against LGBTIQ+ persons.
During the interactive dialogue, The Netherlands, Australia, Canada, France, Estonia, Germany, Iceland, Ireland, Malta, Mexico, New Zealand, Norway, Spain, Switzerland, and Uruguay echoed these recommendations, urging Malawi to decriminalise consensual same-sex relations and to protect LGBTIQ+ persons from discrimination and violence. Additionally, 18 States called on Malawi either to criminalise torture domestically or to ratify the Optional Protocol to the Convention Against Torture (OPCAT).
Responding to these concerns, the Malawian delegation acknowledged the sensitivity of issues related to sexual orientation and the criminalisation of same sex acts, noting that the country’s penal code reflects Malawi’s religious and societal values. However, the delegation affirmed the government’s commitment to engage in national discourse about the issue and to remain attentive to the development of jurisprudence in other countries. It also reiterated Malawi’s condemnation of all forms of violence or discrimination, emphasizing that essential services like healthcare are available to all, regardless of sexual orientation.
Despite limited progress since the last review of Malawi on these issues in 2020, more States called for reforms on torture and LGBTIQ+ rights Malawi in 2025 than in 2020, reflecting growing international attention. Furthermore, Malawi’s acknowledgement of the national and international discourse surrounding the rights of LGBTIQ+ reflects this enhanced scrutiny. The HRC’s Working Group is expected to publish its report summarizing Malawi’s fourth UPR by the end of November 2025.
Photo by: UN Photo/Loey Felipe
