The Malawian government has proposed a new five-year National Action Plan on Business and Human Rights, which aims to ensure companies respect workers' rights, protect surrounding communities, and take responsibility for the social and environmental impact of their activities. The plan, which runs from 2026 to 2031, seeks to harmonize economic development with constitutionalism, the rule of law, and the protection of fundamental human rights. This move is expected to bring together different stakeholders in addressing human rights challenges associated with business activities.

Minister of Justice and Constitutional Affairs Charles Mhango emphasized that economic growth and employment creation should not come at the expense of human dignity and fundamental rights. He stated that the adoption of Malawi's National Action Plan on Business and Human Rights marks an important milestone in the country's efforts to balance economic development with human rights protection. The plan reflects the government's recognition that business activity must be conducted in a manner that respects human dignity, promotes social justice, safeguards the environment, and ensures accountability.

Solicitor General and Secretary for Justice and Constitutional Affairs Gertrude Hiwa noted that the plan is a collective endeavour that brings together different stakeholders. She acknowledged the contributions of various stakeholders, exemplifying the collaborative spirit required to advance responsible business conduct, strengthen governance, and promote human rights in Malawi. The Ministry of Justice and Constitutional Affairs recognizes the importance of responsible business conduct and its role in promoting human rights.

The United Nations Development Programme resident representative Fenella Frost said the plan will not only protect human rights but also strengthen investor confidence and improve Malawi's competitiveness in attracting responsible investment. Businesses that effectively manage social and human rights risks are more resilient, attract more investment, and face fewer disruptions, positioning them for long-term profitability. This, in turn, can contribute to Malawi's economic growth and development.

Malawi Human Rights Commission executive secretary Habiba Osman warned that without adequate safeguards, business operations can harm workers and communities. She cited labour rights, environmental protection, land acquisition, and access to justice as areas where communities are particularly vulnerable to harm. Osman emphasized that the United Nations Guiding Principles on Business and Human Rights are built on three pillars: the State's duty to protect human rights, businesses' responsibility to respect them, and access to effective remedies for violations.

Youth and Society executive director Charles Kajoloweka called on the government to provide adequate funding and ensure that the plan is fully implemented. He also urged authorities to enact legislation making human rights due diligence a legal obligation for businesses and to introduce laws protecting whistle-blowers who report human rights violations. The proposed changes come against a background of weak enforcement, fragmented regulation, and limited institutional capacity, which have left some communities exposed to abuses linked to business operations.

The implementation of the National Action Plan on Business and Human Rights is expected to have a positive impact on Malawi's business environment. The plan's success will depend on the government's commitment to enforcing human rights compliance and the involvement of various stakeholders. Key stakeholders, including businesses, civil society organizations, and communities, must work together to ensure that the plan achieves its objectives and promotes responsible business conduct in Malawi.

Key points

  • The Malawian government proposes to link human rights compliance to public procurement, business licensing, and regulatory inspections.
  • The National Action Plan on Business and Human Rights aims to ensure companies respect workers' rights, protect surrounding communities, and take responsibility for the social and environmental impact of their activities.
  • The plan's implementation is expected to strengthen investor confidence and improve Malawi's competitiveness in attracting responsible investment.

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SaharaWire

Reporting for SaharaWire from the Nairobi bureau.