openings for eliminating gender discrimination in the nationality law, as well as barriers, including lack of transparency around ongoing processes and lack of implementation of specific Gender Equality Act provisions. 19. The special law Commission on the Review of the Citizenship act finalised its work and a report has been compiled and submitted to the relevant Ministry of Home affairs and Ministry of Justice for further processes to take place, including a cabinet paper that must be produced before it can be presented to Parliament. As of now, the status of and progress on these internal processes is unclear. 20. The Gender Equality Act (GEA) implementation guidelines have been developed and published and a standalone committee has been established to monitor the implementation and enforcement of the Act. 21. There are indications in the 2019/2020 budget that the Malawi Human Rights Commission which is mandated to oversee the implementation of the Act has been allocated additional funds to assist in this work. 22. There has been progress in the area of legal reforms pertaining to gender equality, i.e the amendment of Section 22 of the Constitution, which previously allowed girls to marry at the age of 16 years with consent of her parents. The Constitutional amendment followed the enactment of the Marriage, Divorce and Family Relations Act (2015) which set the legal age of marriage at 18 years, removing consent of parents. 23. Secondly, enactment of the Land Law, especially the customary Land Act, resulted in further progress with a provision recognizing women as having the ability to own and register family land, which in the past only applied to male children. Similarly, married women jointly own and register family land with their spouses, and continue to own the property in the event of the death of the husband 24. The passing of Trafficking in Persons Act has further supported legal protection for women and girls at risk of being trafficked. 25. However, implementation of the GEA remains a challenge as many institutions have demonstrated a lack of commitment to its implementation. For example, the Act stipulates that recruiting authorities must ensure that public sector recruitment ensures a 40/60 ration of either sex, but this has yet to be applied, including at the level of Executive at Public Enterprises. The lack of implementation of the GEA, including in areas as critical as employment, demonstrates persistent, systemic gender discrimination by the state. Recommendations 26. Based on the above information, the co-submitting organisations urge reviewing States to make the following recommendations to Malawi: I. Expeditiously revise the Citizenship Act to ensure that women and men enjoy equal rights to acquire, change, transfer and retain nationality, in line with Article 9 CEDAW, and to introduce safeguards to ensure that children born in its territory who would otherwise be stateless are granted nationality; II. Accede to the 1961 Convention on the Reduction of Statelessness. 5

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