In line with Section 13(1)(c) and Section 30(1) of the 1998 HRC Act, which mandates the Commission to address children’s rights, the Commission established the Child Rights Directorate, which was previously a unit prior to 2011. The Child Rights Directorate Acts as an Ombudsperson, Advocate and Advisor on behalf of children.

The Child Rights Directorate gets 1.2% of total funding but this is not enough to cover its programmes.

The Commission has an affiliate status before the Committee and engages with the Committee through the preparation and submission of complementary reports and attending workshops organised by the Committee.

•  Working with various institutions, networks, and groupings to integrate efforts on child protection at National, district and community levels, through the Child Rights Directorate. These include:

a) Child Rights CSOs

b) Child Protection Technical working group

c) Better Care Network

d) Ministerial Task force on Street Children

e) Task force on rape and defilement

f) CRC Change Agents Network

g) Development partners in Malawi, such as;

• Save the Children – Project on VAC focusing on Child Marriage, Project on quality learning also focused on child marriage, SCREP Programme which secures children’s safety in schools and child protection
•  UNICEF and PLAN International Malawi - Support the Commission in child protection interventions
•  SALC - A study on leaners pregnancy management in collaboration with SALC; findings informed the review of readmission policy through a position paper. All recommendations were adopted by MOE and incorporated into the new policy which is under implementation
•  EU - Supports the Commission in advocacy and law reform
•  UNDP - Supports the Commission in investigations and litigation of child marriage cases.

The Commission has made deliberate efforts to ensure active and meaningful involvement of children in all the activities. The involvement of children in all the activities is guided by the nine key requirements for child participation as provided for under the CRC Committee’s General Comment No. 12.The MHRC established the children reference group, a child participation structure aimed at giving children more opportunities to contribute towards their own affairs and all matters affecting them. Through the reference group, children have been presenting issues affecting them to key duty bearers, and the reference group gives the children the opportunity to follow up on implementation of their recommendations. Additionally, the reference group, in conjunction with interactions with children in schools, foster homes, street environments and communities, has played a crucial role in equipping children with the power to report various forms of abuse. Following this, MHRC has registered a good number of cases being reported by the children themselves. The MHRC has also been involving the children in compiling child led State Party Reports. Similarly, during pre-testing of the Guidelines on Student Councils, children were deliberately targeted for them to provide their input into the draft document. During the consultations, the children were separated from the adults. This allowed the children to freely express themselves.

The Malawi MHRC works closely with the line ministries such as the Ministry of Gender, the Ministry of Education, and the Ministry of Justice on child-related issues. The MHRC also works closely with law enforcement agencies, including the Police and courts, and the National Child Justice Forum (which is under the Judiciary), especially in complaints handling and to ensure access to justice for child victims of abuse, neglect, exploitation, harm and violence. In addition, the Commission works with the National Parliament when advocating for the review of child related laws. Collaboration with these institutions is essential for the successful implementation of the activities and sustainability of the initiatives. Further, the collaboration with all the branches of government has enhanced coordination between MHRC and the government, which is essential for the promotion and protection of children’s rights in the country. For example, the MHRC collaborates with various government departments in its work on ending child marriage and re-admission of pregnant teenage girls to school. All child marriage withdrawals are made in collaboration with the Ministry responsible for Children, which is key in providing psychosocial support, temporary shelter and material needs; the Malawi Police Service for law enforcement; the Ministry of Education to facilitate re-enrolment into school. The Commission also works closely with the Ministry of Justice and the Malawi Law Commission for review of the child marriage related legislation.

• A member of NANHRI
•  Collaborates with NANHRI in a number of areas including on child rights.

The Malawi Commission engages the Charter and Agenda 2040 in its work under the Child Rights Directorate. This includes,

•  Being a member of the taskforce for reporting to the ACERWC
•  Producing and submitting complementary reports to the State Party Report on the implementation of the Charter, to the ACERWC
•  Responding to the list of issues from the ACERWC
•  Popularising concluding observations and recommendations from the ACERWC
•  Monitoring the implementation of concluding observations and recommendations by the Government and different stakeholders.

The MHRC is aware of the Communication to the ACERWC against Malawi on the definition of the child and the amicable settlement that was reached. To ensure implementation of the decision, MHRC through the Child Right Directorate has played the following roles:-

• Advocated for the speedy amendment of the Constitution on the age of a child from 16 to 18 through engagement meetings with relevant Ministries and Parliamentarians. (the Commission was part of the National Taskforce)
• Monitoring implementation of the decision (amicable settlement)
• Currently sits in the National Taskforce for the harmonisation of all child rights related laws.

The MHRC monitors the implementation of Agenda 2040 and its Aspirations by government. It works with partners and key stakeholders in order to advance children’s rights and to ensure children are protected as per the aspirations of Agenda 2040. The implementation of Agenda 2040 also extends to the review of the laws and practices that violate children’s rights in terms of access to education, health, and justice among others e.g. corporal punishment, as the MHRC seeks to ensure that there is an effective child-friendly national legislative and policy framework in Malawi. The MHRC is implementing Aspiration 10 which states that children’s views matter, through the establishment of the Children’s Reference Groups and involvement of children in its activities.