Legal framework on freedom of religion and actual application
The Republic of Malawi is predominantly Christian. Islam, however, predates Christianity, and first arrived in the region between the 15th and 19th centuries with Arab traders, while the first Christian missionaries arrived in the late 1800s.
The country’s Constitution enshrines freedom of religion. Article 20 (1) bans “discrimination on grounds of race, colour, sex, language, religion, political or other opinion, nationality, ethnic or social origin”. Article 33 recognises that “every person has the right to freedom of conscience, religion, belief and thought”. Under Article 42 (1, d), anyone who is arrested or detained must be given the “means and opportunity to communicate with” their “religious counsellor”. Even in the case of a state of emergency, Article 44 (2, h) excludes any derogation of the principles of “freedom of conscience, belief, thought and religion”.
While the country’s religious communities are required to register with the authorities, their religious beliefs and activities are not subject to state monitoring.
According to the Constitution, the aim of education is to overcome “political, religious, racial and ethnic intolerance” (Article 13, f, iv). To this end, religious groups are allowed to run their own private schools and offer religious education reflecting their respective faiths. Private “grant-aided” schools, usually run by religious groups, also exist. The government pays for the teaching staff but in turn it can select a large portion of the students who attend.
Out of the 83 broadcasting stations, Christian-based groups operate 14 (radio and television), while 3 are affiliated with the Muslim community. Broadcasting legislation bans “any material that is indecent or obscene or offensive to public morals, including abusive or insulting language, or offensive to religious beliefs of any section of the population”.
Chapter 14 of the Malawi Penal Code (Articles 127 through 131) covers a range of offences related to religion, such as insulting religion, interfering with religious gatherings, or “wounding religious feelings”.
Religious instruction is compulsory in primary schools and elective in secondary schools. “Bible knowledge” and moral and religious education (based on several traditions) are optional parts of the curriculum, and rely on the discretion of the school. School children are required to follow a dress code, but exceptions exist on religious and health grounds.
Foreign missionaries to Malawi need a work permit to operate in the country. Malawi has signed the International Covenant on Civil and Political Rights.
Incidents and developments
During the reporting period, there were no institutional changes affecting religious freedom, nor any significant incidents that restricted religious freedom. Relations between the Malawian government and religious groups are generally good, but there are some points of contention.
Muslim groups continued to urge the Ministry of Education to drop the optional “Bible knowledge” course in primary schools in favour of a moral and religious curriculum. Muslim leaders were also concerned that the Ministry had not yet implemented their recommendations to allow Muslim girls to wear the hijab in schools and include representatives of religious minorities on the Board of the Malawi Institute of Education, which plays an advisory and monitoring role in government education policy.
Rastafarianism has made some gains in Malawi in recent years. Traditionally, the group has endured discrimination, as well as criminalisation in connection with certain religious and cultural practices. However, some of these restrictions have been changed in recent years. Malawi’s Supreme Court struck down the ban on wearing dreadlocks in school, and the country’s parliament legalised hemp (cannabis) for medicinal and industrial use in 2020.
In January 2022, the Public Affairs Committee (PAC), an umbrella group bringing together the country’s religious leaders, issued a statement urging the President, Lazarus McCarthy Chakwera, to change his cabinet in order to better tackle corruption and nepotism.
In March 2022, Malawi’s Catholic Bishops released their own pastoral letter, protesting against corruption and the “endless” political disputes between the parties of the ruling coalition, which are paralysing the country.
Prospects for freedom of religion
The prospects for freedom of religion in Malawi remain positive. The human right is respected, faith groups work together harmoniously through organisations like the Public Affairs Committee and interreligious dialogue is dedicated improving interreligious relations. Muslims are still critical of certain policies upheld by education authorities and by the government, however, generally, religious leaders remain engaged with society, including political leaders, and are unafraid to speak their mind. This engagement bodes well for religious freedom in the near future.
Malawi