LEGAL FRAMEWORK

The constitution prohibits discrimination on the basis of religion and provides for freedom of conscience, religion, belief, and thought. These rights may be limited only when the President declares a state of emergency.

The penal code covers several misdemeanor offenses related to religion, including insulting religion, disturbing religious assemblies, and writing or uttering words with the intent to wound religious feelings.

The law states that holders of broadcast licenses “shall not broadcast any material which is … offensive to the religious convictions of any section of the population.”

Religious groups must register with the government to be recognized as legal entities. To do so, groups must submit documentation detailing the structure and mission of their organization and pay a fee of 1,000 kwacha (less than $1). The government reviews applications for administrative compliance only. According to the government, registration does not constitute endorsement of religious beliefs, nor is it a prerequisite for religious activities. Registration allows a religious group to acquire land, rent property in its own name, and obtain utility services such as water and electricity.

The law authorizes religious groups, regardless of registration status, to import certain goods duty free. These include items for religious use, vehicles used for worship-related purposes, and office equipment. In practice, however, the Ministry of Finance and Economic Affairs rarely grants duty exemptions.

Detainees have a right to consult with a religious counselor of their choice.

Religious instruction is mandatory in public primary schools, with no opt-out provision, and is available as an elective in the third and fourth year of public secondary schools. According to the constitution, eliminating religious intolerance is a goal of education. In some schools, the religious curriculum is a Christian-oriented Bible knowledge course, while in others it is an interfaith moral and religious education course drawing from the Christian, Islamic, Hindu, and Baha’i faiths. According to the law, local school management committees, elected at parent-teacher association meetings, decide which religious curriculum to use. Private Christian and Islamic schools offer religious instruction in their respective faiths. Hybrid “grant-aided” schools are managed by private, usually religious, institutions, but their teaching staffs are paid by the government. In exchange for this financial support, the government chooses a significant portion of the students who attend. At grant-aided schools, a board appointed by the school’s operators decides whether the Bible knowledge or the moral and religious education curriculum will be used.

National school policy requires children to wear closely shaven hair to attend but makes exceptions for religious and health reasons.

Foreign missionaries are required to have employment permits.

The country is a party to the International Covenant on Civil and Political Rights.

GOVERNMENT PRACTICES

High Court Judge Zione Ntaba ruled on May 8 that Rastafarian children with dreadlocks should be enrolled in government schools without hindrance. The de facto ban against dreadlocks in schools had been in force for a decade. The court ruling was based on two cases. The first, filed in 2017, involved a child who was denied enrollment to the Malindi Secondary School in Zomba due to his dreadlocks. The second case was filed in 2019 on behalf of a child who was denied admission to Blantyre Girls Primary School because of her dreadlocks. In 2020, the court granted an interim order of injunction compelling enrollment of Rastafarian children with dreadlocks in government schools pending the final outcome of the cases. Despite the High Court injunction, there was at least one report from Rastafarian community leaders of a student being denied enrollment in school due to religious affiliation. In her final ruling, Judge Ntaba determined that the unwritten or written policy of the government requiring all students, including children of the Rastafarian community, to cut their hair before admission into government schools was unlawful, constituted a violation of the right to education and freedom of religion, and amounted to discrimination on grounds of religious affiliation. Ntaba ordered the MOE to release a letter to all schools across the country by June 30 allowing Rastafarian children to attain an education. The MOE complied with the Court Order and released the letter to all schools.

In many primary schools the Bible knowledge course remained a required course. It also remained a requirement in the first and second years in secondary schools and optional in in the third and fourth years. Muslim organizations continued to request that the MOE discontinue use of the Bible knowledge course and use only the broader based moral and religious education curriculum in primary schools, particularly in predominantly Muslim areas. During the year, MAM met twice with the MOE to reiterate this request. The MOE cited lack of resources and capacity to make the requested change and at year’s end there was no resolution of the issue but discussions between MAM and MOE were ongoing.

MAM reported that during both its meetings with the MOE, it also discussed the ministry’s hijab policy. According to MAM representatives, the right to wear the hijab in schools was resolved at the federal level in 2021 when the MOE signed an MOU with Christian and Muslim leaders that included a provision permitting female students to wear hijabs in their school colors as part of their uniform. MAM said implementation of that provision of the MOU was inconsistent, with some community schools allowing students to wear hijabs and others requiring specific permission from school management. Despite MAM engaging with the government to resolve the issue, there were still reports of students having to request special permission to wear the hijab. In 2022, the Malawi Defense Force introduced a policy allowing female soldiers to wear hijabs while on duty.

By year’s end, the MOE had also not implemented a separate proposal in the MOU that would allow the inclusion of religious minorities on the board of the Malawi Institute of Education.

According to the PAC, the relationship between the government and religious leaders was cordial. A PAC representative stated that President Lazarus Chakwera maintained an “open door” policy for religious leaders. They cited the role of Reverend Brian Kamwendo, the President’s special advisor on religious affairs, serving as the government’s link to the various faith communities and advising Chakwera on issues related to religious policy. The advisor also recited a prayer at most presidential functions.

Rastafarians continued to object to laws making the possession and use of cannabis a criminal offense, stating its use was a part of their religious doctrine.

Most government meetings and events began and ended with a prayer, usually Christian in nature. At larger events, government officials generally invited clergy of different faiths to participate.