Malawi

Declarations:

“… the Government of the Republic of Malawi … declares that:
(a) in accordance with Article 25 paragraph 2 of the Convention, with regard to any dispute concerning the interpretation or application of this Convention, it recognizes both means of dispute settlement mentioned in paragraph 2 as compulsory in relation to any party accepting the same obligation; and
(b) in accordance with Article 30 paragraph [5] of the Convention, any amendment to an annex to the Convention shall enter into force with respect of Malawi only upon the deposit of its instrument of ratification or accession with respect thereto…”

Declarations:

"The Government of the Republic of Malawi in its efforts to curb and stamp out offences related to trafficking in persons especially women and children has embarked upon various social and legal reforms to incorporate obligations emanating from this Protocol (Article 17 (4));
Further, expressly declares its acceptance of Article 16 (2) on settlement of disputes concerning interpretation and application of this Protocol in consonant with Article 16 (3).”

Declarations:

"The Government of the Republic of Malawi in its efforts to curb and stamp out offences related to trafficking in persons especially women and children has embarked upon various social and legal reforms to incorporate obligations emanating from this Protocol;
Further, expressly declares its acceptance of Article 20 (2) on settlement of disputes concerning interpretation and application of this Protocol in consonant with Article 20 (3)."

Declarations:

"The Government of the Republic of Malawi in its efforts to curb and stamp out offences related to trafficking in persons especially women and children has embarked upon various social and legal reforms to incorporate obligations emanating from this Protocol (Article 16 (4)).
Further, declares expressly its acceptance of Article 15 (2) on settlement of disputes concerning interpretation and application of this Protocol.
The Competent Authority charged with the responsibility of coordinating and rendering of mutual legal assistance is:
The Principal Secretary
Ministry of Home Affairs and Internal Security
Private Bag 331, Lilongwe 3. MALAWI
Fax: 265 1 789509 Tel: 265 1 789 177
The Official Language of communication is English."

Declaration:

“In accordance with Article 3 (2) of the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflicts (hereinafter referred to as ‘the Protocol’), the Republic of Malawi declares that:
1. the Minimum age for recruitment for employment in the Defence Force of Malawi is eighteen (18) years. By Virtue of Section 19 (2) of the Defence Force Act of the Laws of Malawi (Number 11 of 2004), which applies Article 3 of the Protocol, a recruiting officer is prohibited from enlisting a person under the age of eighteen (18) years, or over the age of 24 years, into the Defence Force of Malawi;
2. the Protocol is applied by the Republic of Malawi in all areas where an officer of the Defence Force of Malawi is employed and is working;
3. recruitment into the Defence Force of Malawi is genuinely voluntary;
4. recruitment into the Defence Force of Malawi is carried out with the informed consent of each person’s parents or legal guardians;
5. all persons interested to join the Defence Force of Malawi are fully informed of the duties involved in such military service; and
6. all persons interested to join the Defence Force of Malawi provide reliable proof of age prior to acceptance into national military service.”

Declaration:

“1. The Republic of Malawi understands and declares that the provisions of the Convention, including those concerning equitable and reasonable utilisation (Articles 5–6), the no-harm rule (Article 7), the obligation to notify (Article 12), and the duty to cooperate (Article 8), are procedural and substantive obligations that govern the exercise of Malawi’s sovereign rights over its internationally shared watercourses. These obligations shall not be construed as qualifying, diminishing, or otherwise affecting the territorial sovereignty of Malawi over any watercourse, lake, or water body situated within Malawian territory, including Lake Malawi.
2. The Republic of Malawi declares that nothing in the Convention, including the definition of ‘international watercourse’ in Article 2, shall be interpreted as implying any determination on the question of boundary delimitation of Lake Malawi or any other water body adjacent to an international boundary. Malawi’s participation in any notification, consultation, or data-sharing process under the Convention with respect to Lake Malawi shall be without prejudice to its territorial and boundary positions in relation to that lake, and shall not constitute an admission or waiver of any kind in respect of those positions.
3. The Republic of Malawi further declares that the reference in Article 5(2) of the Convention to ‘participation’ of watercourse States in the use, development, and protection of an international watercourse shall be understood as participation on the basis of Malawi’s sovereignty and sovereign rights within its territory, and shall not be construed as conferring on any other State any rights over waters, the bed, or the subsoil of Lake Malawi beyond what is recognised under applicable bilateral arrangements and international law.
4. The Republic of Malawi notes that, in accordance with Article 3 of the Convention, this Declaration supplements and is consistent with any applicable bilateral watercourse agreement to which Malawi is or may become a party, and that the principles of this Declaration shall apply mutatis mutandis to any framework agreement or joint management mechanism established pursuant to the Convention in relation to Lake Malawi or any other internationally shared water body.
5. This Declaration is made in a spirit of cooperation and in recognition of Malawi’s commitment to the peaceful, equitable, and sustainable management of its shared water resources, and shall in no way be construed as a hostile or contentious act towards any co-riparian State. Malawi affirms its readiness to engage constructively with all co-riparian States under the Convention, on the basis of mutual respect for territorial integrity and sovereign equality.”

Declaration:

“1. The Republic of Malawi understands and declares that nothing in the Convention, and in particular no obligation to cooperate, notify, consult, share data, or jointly manage transboundary watercourses, shall be construed as affecting, modifying, prejudicing, or creating any right in derogation of the territorial sovereignty or sovereign rights of Malawi over its territory, including the waters, bed, and subsoil of Lake Malawi insofar as they fall within Malawian territory as determined by applicable rules of international boundary law.
2. The Republic of Malawi further declares that its accession to, and cooperation under, the Convention shall not in any manner be construed as an admission, acknowledgement, or recognition of the territorial or boundary claims of any other State with respect to Lake Malawi or any other shared water body, and shall not prejudice or affect the conduct or outcome of any bilateral or multilateral process for the resolution of boundary questions concerning such water bodies.
3. The Republic of Malawi declares that the establishment of any joint body, commission, or mechanism pursuant to the Convention in relation to Lake Malawi or any watercourse adjacent to a disputed boundary shall be without prejudice to Malawi’s territorial and boundary positions, and the terms of reference of any such body shall not be construed as resolving or foreclosing any question of territorial sovereignty or boundary delimitation.
4. This Declaration is made pursuant to Article 3 of the Convention, which affirms that the Convention does not affect existing treaties or agreements. and is consistent with the general principle of treaty interpretation affirmed in Article 31(3)(c) of the Vienna Convention on the Law of Treaties (1969), which requires that account be taken of all relevant rules of international law applicable in the relations between the Parties, including the rules governing territorial sovereignty and boundary delimitation.”

"While the Government of the Republic of Malawi accepts the principles in article 16, this acceptance would nonetheless be read in conjunction with [the] declaration [made by the President and the Minister for Foreign Affairs of Malawi] of 12 December, 1966 upon recognition as compulsory, the jurisdiction of the International Court of Justice under article 36, paragraph 2, of the State of the Court."

"The Government of the Republic of Malawi [declares], in accordance with the provisions of paragraph 2 of article 13, that it does not consider itself bound by the provisions of paragraph 1 of article 13 of the Convention."

Declaration:

“… in accordance with Article I paragraph 3 of the Convention, the Government of the Republic of Malawi do hereby declare that the Republic of Malawi will apply the Convention only with respect to:
(a) the recognition and enforcement of awards made in the territory of another Contracting State;
(b) differences arising out of relationships, whether contractual or not, which are considered as “commercial” under the laws of Malawi; and
(c) arbitration agreements concluded, or arbitral awards rendered, after the date Malawi accedes to the Convention and not those before that date.”

“In respect of articles 7, 13, 15, 19, 22 and 24
The Government of the Republic of Malawi considers these provisions as recommendations only and not legally binding ob ligations.
In respect of article 17
The Government of the Republic of Malawi does not consider itself bound to grant a refugee who fulfils any of the conditions set forth in subparagraphs (a) to (c) to paragraph (2) of article 17 automatic exemption for the obligation to obtain a work permit.
In respect of article 17 as a whole, the Government of the Republic of Malawi does not undertake to grant to refugees rights of wage earning employment more favourable than those granted to aliens generally.
In respect of article 26
The Government of the Republic of Malawi reserves its right to designate the place or places of residence of the refugees and to restrict their movements whenever considerations of national security or public order so require.
In respect of article 34
The Government of the Republic of Malawi is not bound to grant to refugees any more favourable naturalization facilities than are granted, in accordance with the relevant laws and regulations, to aliens generally."

"The Government of Malawi accedes to this Convention with the exception of article 22 thereof, the effects of which are reserved."