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The Global Gender Equality Constitutional Database is a repository of gender equality related provisions in 194 constitutions from around the world. The Database was updated in partnership with the International Bar Association's Human Rights Institute (IBAHRI) and with support from the Swedish International Development Agency (SIDA) and the Government of Japan. Experience its wealth and depth of information by starting your search now.
National Human Rights Bodies
- English...
2. Any person who claims that a right or freedom guaranteed by this Constitution has been infringed or threatened shall be entitled—
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b. to make application to the Ombudsman or the Human Rights Commission in order to secure such assistance or advice as he or she may reasonably require.
… (Sec. 46)
National Human Rights Bodies
- English1. The human rights and freedoms enshrined in this Chapter7 shall be respected and upheld by the executive, legislature, judiciary and all organs of the Government and its agencies and, where applicable to them, by all natural and legal persons in Malawi and shall be enforceable in the manner prescribed in this Chapter.
2. Any person or group of persons, natural or legal, with sufficient interest in the promotion, protection and enforcement of rights under this Chapter shall be entitled to the assistance of the courts, the Ombudsman, the Human Rights Commission and other organs of the Government to ensure the promotion, protection and enforcement of those rights and the redress of any grievances in respect of those rights. (Sec. 15)
National Human Rights Bodies
- EnglishThe Human Rights Commission shall, with respect to the applications of an individual or class of persons, or on its own motion, have such powers of investigation and recommendation as are reasonably necessary for the effective promotion of the rights conferred by or under this Constitution, or any other written law but shall not exercise a judicial or legislative function and shall not be given powers so to do. (Sec. 130)
Political Rights and Association
- English
1. All persons shall be eligible to vote in any general election, by-election, presidential election, local government election or referendum, subject only to this section.
2. Subject to subsection (3), a person shall be qualified to be registered as a voter in a constituency if, and shall not be so qualified unless, at the date of the application for registration that person—
a. is a citizen of Malawi or, if not a citizen, has been ordinarily resident in Malawi for seven years;
b. has attained the age of eighteen years or provides proof that on or before the polling day he or she shall have attained the age of eighteen years; and
c. is ordinarily resident in that constituency or was born there or is employed or carries on business there.
… (Sec. 77)
Political Rights and Association
- English1. Subject to this Constitution, every person shall have the right—
a. to form, to join, to participate in the activities of, and to recruit members for, a political party;
b. to campaign for a political party or cause;
c. to participate in peaceful political activity intended to influence the composition and policies of the Government; and
d. freely to make political choices.
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3. Save as otherwise provided in this Constitution, every person shall have the right to vote, to do so in secret and to stand for election for any elective office. (Sec. 40)
Political Rights and Association
- English1. Every person shall have the right to freedom of association, which shall include the freedom to form associations.
… (Sec. 32)
Political Parties
- English1. Subject to this Constitution, every person shall have the right—
a. to form, to join, to participate in the activities of, and to recruit members for, a political party;
b. to campaign for a political party or cause;
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2. The State shall, provide funds so as to ensure that, during the life of any Parliament, any political party which has secured more than one-tenth of the national vote in elections to that Parliament has sufficient funds to continue to represent its constituency.
… (Sec. 40)
Electoral Bodies
- English1. The Electoral Commission shall exercise such functions in relation to elections as are conferred upon it by this Constitution or by an Act of Parliament.
2. The duties and functions of the Electoral Commission shall include—
a. to determine constituency boundaries impartially on the oasis of ensuring that constituencies contain approximately equal numbers of voters eligible to register, subject only to considerations of—
i. population density;
ii. ease of communication; and
iii. geographical features and existing administrative areas;
b. to review existing constituency boundaries at intervals of not more than five years and alter them in accordance with the principles laid down in subsection (2) (a);
c. to determine electoral petitions and complaints related to the conduct of any elections;
d. to ensure compliance with the provisions of this Constitution and any Act of Parliament; and
e. to perform such other functions as may be prescribed by this Constitution or an Act of Parliament.
… (Sec. 76)
Head of State
- English1. The President shall be responsible for the observance of the provisions of this Constitution by the executive and shall, as Head of State, defend and uphold the Constitution as the supreme law of the Republic.
… (Sec. 88)
Head of State
- English
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2. The President shall be elected by a majority of more than fifty percent of the valid votes cast through direct, universal and equal suffrage and, where such majority is not obtained by any candidate in the first poll, a second poll shall be held within thirty days after the declaration of the result in which the candidates who obtained the highest and second highest number of valid votes cast in the first poll shall be the only candidates.
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6. Notwithstanding any provision of this Constitution to the contrary, a person shall only be qualified for nomination for election as President or First Vice-President or for appointment as First Vice-President or Second Vice-President if that person—
a. is a citizen of Malawi by birth or descent; and
b. has attained the age of thirty-five years.
… (Sec. 80)