Malawi has a multi-party, democratic government elected on the basis of universal suffrage. In 2004 elections, the United Democratic Party won a majority of seats and its leader was elected President. Power is shared between the President and the 193-member National Assembly. 6 candidates could not be seated in the Assembly because of election irregularities until by-elections, deemed free and fair, were held. The President, Vice-President and a 30-person Cabinet exercise executive authority. There are 27 women in the National Assembly and 5 are in Cabinet. 3 members of minorities have seats in the National Assembly. Churches have considerable political influence.

Discrimination on the basis of language or culture is prohibited, but enforcement of non-discrimination legislation is lax.
The judiciary is independent but handicapped by a lack of resources. Corruption is widespread and impunity a problem. An anti-corruption campaign resulted in the arrest of a former Minister of Education. Police are accused of abusive treatment of detainees, and mobs resort to vigilante justice; suspected criminals are often beaten or killed.

Freedom of speech and of the press are guaranteed in law but limited in practice. Though there are reports of intimidation of journalists resulting in self-censorship, the media express a broad spectrum of political and ideological views. However, journalists are arrested for publishing information likely to insult the President. Public access to government information is usually available.

The country is a source and transit point for women and children trafficked for sexual exploitation.

More than 1 in 7 Malawians is HIV-positive in what is one of the world's highest infection rates. By 2010, an estimated 2 million people will be infected and an equal number will have died from AIDS-related illnesses. The loss is forecast of up to half of Malawi's teachers, nurses, army and police personnel. Authorities are now acknowledging the crisis. Discrimination against persons with HIV/AIDS is widespread, inhibiting access to treatment; many stay silent rather than face being ostracised. Education International and the Teachers' Union of Malawi (TUM) cooperate in a training programme on HIV/AIDS prevention through education. Training is provided for teachers, and materials are provided for use in schools.
Homosexuality is illegal.

Tuition-free, primary education is available but is not compulsory. Families supply uniforms, book fees and materials. A public book fund assists students from very poor families. More than half of the country's children live in poverty, and children in rural, female-headed households are among the poorest. Inability to complete education compounds the problems of finding employment for rural girls.

A University of Malawi report on the development of free primary education from its introduction in 1994 until 2004 notes that, although the education budget has been increased annually, the increases lag behind growing enrolment. Student dropout rates have decreased annually since tuition-free education was introduced.

The education system is struggling to cope with a loss of teachers due to AIDS, and the pupil/teacher ratio is extremely high in both primary and secondary schools. The gender gap in primary school attendance is small, but boys are more likely than girls to attend secondary school. In an effort to close this gap, secondary education has been made tuition-free for girls.

A UNICEF study showed that some girls had sexual relationships with teachers for money; they became pregnant and subsequently left school. The study also found that girls left school because of the violent behaviour of some teachers. The government subsequently increased legal protection of students, and legal action has resulted in imprisonment of those guilty of such acts.

The government launched a National Plan of Action for Orphans and Vulnerable Children to mitigate the impact of poverty and HIV/AIDS on the country's estimated 1 million orphans. NGOs are also trying to reduce the number of child beggars in urban areas. But the number of street children has increased, as has the number of HIV/AIDS orphans.

A 3-year programme begins at age 3.

Education is tuition-free but not compulsory for ages 6 to 13. Primary school begins at age 6 and continues for 6 years. The Net Enrolment Rate (NER) is 95% (50% female). Of students who enrol in Grade 1, 33% continue to the last grade of primary school. 18% of students repeat grades. 40,587 teachers (46% female) work at this level. The pupil/teacher ratio (PTR) is a formidable 70 : 1.

Secondary education begins at age 12 and is completed in 6 years. The NER is 25%. Secondary teachers total 11,360, with 7,694 (25% female) in lower secondary and 3,666 (21% female) in upper secondary. The PTR is very high at 51 : 1 in lower secondary and 34 : 1 in upper secondary.

5,089 students (35% female) study in tertiary institutions. 1,438 students study abroad, mainly in South Africa (417), the United Kingdom (404), USA (399), Australia (77) and Canada (22).

The President has stated that students with disabilities should have equal access to education and other government services, but the funds, personnel and infrastructure to allow this to happen are not in place. Public and private schools and training centres assist persons with disabilities, but educational opportunities are very limited for disabled children.

The law provides for the granting of asylum or refugee status in accordance with the 1951 UN Convention relating to the Status of Refugees and its 1967 protocol, and the government has established a system for providing protection to refugees. The government cooperated with the office of the UNHCR to assist refugees and asylum seekers. Malawi hosts some 9,100 refugees from the Democratic Republic of the Congo, Rwanda and Burundi. Refugees are allowed to seek employment and education. The UNHCR, NGOs and the government help provide education to children in refugee camps.

The people of Malawi are of Bantu origin; the ethnic groups of Chewa, Nyanja, Yao, Tumbuka, Lomwe, Sena, Tonga, Ngoni and Ngonde co-exist with small groups of Asians and Europeans. Discrimination in education is not cited as a problem.

Academic freedom is constitutionally guaranteed in Malawi, and reports do not indicate restrictions of this right. Access to the Internet is not restricted.

Women have equal protection in law and may not be discriminated against on the basis of gender or marital status, but discrimination is reported as pervasive and women do not have equality of opportunity. Women have lower levels of literacy, education and employment opportunities. For those aged 15 to 45, literacy among women is 46% and among men 79%. Discrimination in family and property rights is noted. It is common practice for the majority of the estate of a deceased husband to go to his family, not to his wife.

Moreover, in some areas a widow is inherited by, or required to have sex with, a male relative. These practices are not illegal. Efforts to abolish them are being made, since the danger of HIV transmission is high, because of the high percentage of deaths from HIV and the likelihood that the widow has been infected. Female-headed households are in the lowest 25% of income distribution; women account for 52% of farmers, but few women are in the formal labour market. Girls are allowed to marry at age 15 with parental consent.

The beliefs that children are unlikely to be HIV-positive and that sexual intercourse with virgins can cure sexually transmitted diseases contribute to the sexual exploitation of minors. Female genital mutilation is performed in some areas of the country. Trafficking in women and children is a problem. Abusive practices include the secret initiation of girls into their future adult roles. A re-emergence is reported of the traditional custom of kupimbira, in which a poor family receives a loan in exchange for daughters of any age. Domestic violence is common, but is not discussed openly, and police do not normally intervene in domestic disputes.

A National Code of Conduct outlines the principles for combating child labour. The minimum age for work is 14; children aged 14 to 16 may not work in jobs that are hazardous or that interfere with their education. Child labour is common, and child trafficking for labour and sexual exploitation occurs, though charges are laid against traffickers.

School age children in the informal sector work as street vendors. A 2004 study showed that, though 72% of children were in school, 80% were working in some form of labour. Some 38% of children aged 5 to 14 work more than 7 hours per week. Child protection workers have been trained and work in all parts of the country.

Workers, except for armed forces personnel, have the right to form and join trade unions. Collective bargaining is permitted if 20% of employees are union members. The right to strike is guaranteed, but essential services must be maintained and personnel in these areas have a limited right to strike. A large informal sector has reduced the unionised work force; 12% of formal sector workers are union members, and 24 unions are registered, mainly in the public sector. Forced or compulsory labour takes place. The International Trade Union Confederation reports that labour, involving families, occurs on tobacco plantations. Fourteen export processing zones operate under the terms of the labour code, but union organisers report difficulty in gaining access to their workers.

The Tripartite Wage Advisory Board recommends the minimum wage for urban and rural areas. The urban minimum wage is US $0.80 (MK 97) per day, while in rural areas the minimum wage is US$0.60 (MK 74) per day. These rates do not provide a decent standard of living for a worker and family. The maximum legal work week is 48 hours.