LocationsMalawi’s National Action Plan on Business and Human Rights: An Agenda for Responsible Business and Economic Reform
October 6, 2026
Workers sort and process waste at APOWAMAS in Salima, illustrating how local enterprises can create jobs while protecting the environment.
Introduction
Responsible business conduct is a catalyst for sustainable development. This is why UNDP supports countries across the globe to develop and implement National Action Plans on Business and Human Rights (NAP-BHR). In this vein, the African region held its fifth Annual Forum on Business and Human Rights in Dakar, Senegal from 28 September to 1 October 2026.
Convened to review progress on the implementation of NAP-BHRs across the continent, the Forum was attended by government representatives, national human rights institutions, CSOs, the academia and the private sector. As a matter of significance, this event took place just as Malawi adopted its first National Action Plan on Business and Human Rights (NAP-BHR) 2026-2031. Thus, Malawi becomes the sixth country on the continent to adopt a NAP-BHR, joining Kenya, Uganda, Nigeria, Ghana and Liberia.
Malawi’s adoption of the NAP-BHR marks a significant milestone in the country’s governance and development landscape. It is a catalyst for economic reform and reflects a growing recognition that economic growth and human rights are not competing objectives, but mutually reinforcing goals. The NAP-BHR provides a comprehensive framework for ensuring that businesses contribute to growth while respecting human dignity, protecting communities, safeguarding workers, and preventing environmental harm. It is founded on the United Nations Guiding Principles on Business and Human Rights (UNGPs), the Constitution of Malawi, and the findings of a National Baseline Assessment on Business and Human Rights conducted in 2025.
The Malawi delegation at the forum. From left: Maria Sichone, UNDP Malawi Programme Analyst for Access to Justice and Rule of Law; Rosemary Kumitsonyo, Law Commissioner; Duncan Chinainsi Zikagwa, Ministry of Justice and Constitutional Affairs; Dr. Rowland Cole, UNDP Malawi Chief Technical Advisor for Rule of Law and Human Rights and Lucius Pendame, Malawi Human Rights Commission Deputy Director for Economic, Social and Cultural Rights.
Why the NAP-BHR Matters Now
The NAP-BHR is not merely a human rights instrument but an economic reform agenda. At a time when Malawi seeks to accelerate private sector-led growth, attract investment and advance the ambitions of its long-term development vision Malawi 2063, the Plan seeks to address governance gaps that increase the costs, uncertainties and risks of doing business. In this sense, the NAP-BHR is not simply about protecting rights. It is about creating the conditions for a more competitive, predictable and investment-friendly economy.
The timing could not be more important. Malawi continues to face profound development challenges. Economic growth has struggled to keep pace with population growth, while recurrent climate shocks, food insecurity and inflation have further strained household resilience. These realities underscore the need not only for more investment, but for investment that generates jobs, protects livelihoods, strengthens communities and contributes to long-term economic resilience.
The NAP-BHR should, therefore, be understood within the broader framework of Malawi 2063 which seeks to transform the country into an inclusively wealthy and self-reliant upper-middle-income nation through agricultural commercialisation, industrialisation and urbanisation. Crucially, the Vision identifies effective governance systems, strong institutions and private sector dynamism as critical enablers of that transformation. The NAP-BHR sits at the intersection of these objectives by strengthening governance while creating conditions for responsible and sustainable private sector growth.
Beyond Human Rights: An Economic Reform Agenda
At its core, the NAP-BHR is an economic reform agenda aimed at improving the conditions under which businesses operate, investments are made, and economic growth is generated. It recognises that respect for human rights and responsible business conduct are not only social imperatives but also essential ingredients of a modern, competitive, and resilient economy.
The findings of Malawi's National Baseline Assessment on Business and Human Rights revealed structural constraints that affect both human rights outcomes and economic performance. These include fragmented regulatory frameworks, overlapping institutional mandates, weak inter-agency coordination, and inconsistent enforcement of laws and standards. Such challenges create uncertainty for businesses, increase the cost of compliance, and undermine investor confidence. The issue is, therefore, not simply the existence of laws and policies, but whether public institutions function effectively and predictably enough to support economic activity.
From an economic perspective, these institutional weaknesses carry significant costs. Businesses thrive in environments where regulations are clear, administrative procedures are efficient, and compliance expectations are consistently applied. Conversely, regulatory fragmentation creates delays, raises transaction costs, and reduces the attractiveness of a country as an investment destination. Investors are more likely to commit long-term capital where governance risks are minimized, disputes are resolved fairly and efficiently, and public institutions provide predictable rules for market participation.
The NAP-BHR seeks to address these constraints by promoting greater policy coherence, regulatory clarity, and institutional coordination across government. In doing so, it contributes to the creation of a more enabling business environment. Better coordination among public institutions can reduce bureaucratic inefficiencies, improve regulatory certainty, and strengthen confidence among domestic and international investors. These outcomes are not only beneficial for human rights protection but are also critical drivers of private sector growth, enterprise development, and job creation.
Dr. Rowland Cole, UNDP Malawi’s Chief Technical Advisor for Rule of Law and Human Rights, speaks during one of the forum's panel discussions.
Why Business Should Care
For the private sector, the NAP-BHR should be viewed as a business-enabling framework that helps reduce risk, strengthen competitiveness and improve long-term performance. Businesses thrive in environments where rules are predictable, institutions are responsive and disputes are resolved before they escalate into costly conflicts. By promoting coordination among regulators and encouraging more effective grievance resolution mechanisms, the NAP-BHR has the potential to reduce uncertainty and improve the overall business environment.
Across global markets, investors, lenders and multinational enterprises are placing greater emphasis on environmental, social and governance (ESG) standards. Human rights performance is increasingly viewed as an indicator of governance quality and business resilience. Companies operating in jurisdictions perceived as having weak oversight or high social risks face greater scrutiny from investors and international markets. Companies that demonstrate sound ESG practices are better positioned to attract investors, obtain financing, secure contracts and participate in international supply chains.
For Malawi, these trends have significant implications. The country's economy remains heavily dependent on agricultural exports such as tobacco, tea and sugar, while seeking greater integration into regional and global value chains. International buyers are increasingly requiring suppliers to demonstrate compliance with labour standards, environmental safeguards and human rights principles. Businesses that fail to adapt to these expectations risk losing market opportunities, while those that embrace responsible practices may gain a competitive advantage.
There is also growing evidence that strong social performance contributes to business success. Safe workplaces, fair labour practices, effective grievance systems and meaningful engagement with communities can reduce social disputes, improve employee retention, workforce productivity and operational stability. These outcomes are not simply social benefits. They are factors that directly influence profitability and competitiveness. Companies that effectively identify and manage human rights risks are often better positioned to avoid costly labour disputes, litigation, production disruptions, security incidents, community conflicts and reduce reputational risks.
The NAP-BHR, therefore, encourages a shift from crisis management to risk management. Businesses that conduct due diligence are more likely to maintain stable operations and productive relationships with stakeholders. Most importantly, responsible business conduct is increasingly becoming a market requirement rather than a voluntary corporate social responsibility initiative.
Farmers tend rice fields in Karonga under the UCHI project. As Malawi advances agricultural commercialisation, protecting farmers’ livelihoods and strengthening their access to markets are essential to inclusive economic growth.
The NAP-BHR and Malawi’s expanding mining sector
The mining sector provides a useful example of why the issues addressed by the NAP-BHR matter. Under Malawi 2063, mining is expected to play an increasingly important role in economic transformation. Policymakers anticipate that the sector will contribute to economic diversification, export growth and job creation. However, international experience shows that resource development can also generate disputes relating to land, livelihoods, environmental impacts and benefit sharing if governance systems are weak.
Recent public debates in Malawi have highlighted concerns regarding transparency, accountability and regulatory oversight within the extractive sector. Civil society organisations have called for stronger transparency mechanisms and have warned that weak oversight can undermine public confidence and reduce developmental benefits.
The NAP-BHR offers an opportunity to address these risks proactively by promoting due diligence, community engagement, transparency and access to remedy. By preventing disputes before they emerge, the framework can help create a more stable environment for investment while ensuring that affected communities are treated fairly.
Shared Responsibility for Success
While adoption of the NAP-BHR is an important achievement, implementation will ultimately determine its success. Experience from many countries demonstrates that national action plans often face severe challenges during implementation. The implementation of the NAP-BHR cannot be driven by government alone.
Government ministries and regulators must provide leadership and accountability. Businesses must recognise that responsible conduct is not philanthropy but a component of long-term commercial success and sound risk management. Civil society, trade unions, traditional leaders, academia, development partners and the media all have important roles to play in awareness raising, monitoring and accountability. Successful implementation will require broad ownership and sustained collaboration across sectors.
Conclusion
The NAP-BHR is an effort to strengthen the governance foundations upon which successful economies are built. It seeks to improve regulatory coherence, reduce business risk, strengthen institutional accountability, enhance investor confidence and support Malawi's ambition to become a destination for responsible investment.
For government, the NAP-BHR offers an opportunity to improve policy coordination and implementation. For communities, it promises stronger protection of rights and improved access to remedy. For businesses, it offers something equally important: a more predictable environment in which to invest, operate and grow.
Economic transformation requires more than capital, infrastructure and natural resources. It also requires trust, accountability, stable institutions and responsible businesses. By strengthening these foundations, the NAP-BHR has the potential to become not only a landmark human rights initiative, but one of the most significant economic governance reforms of the Malawi 2063 era.