By: Lloyd M’bwana
The country’s human rights watchdog, Centre for Human Rights and Rehabilitation (CHRR), which is currently participating in the ongoing 56th session of the African Commission on Human and Peoples Rights in Banjul, Gambia has commended the Malawi Government for efforts in complying with the African Charter on Human and Peoples Rights by submitting its first report.
The conference which runs from November 4 to 18, 2015 uncovers on the situation of human rights and democracy in the Southern African region with a special focus on Malawi, South Africa, Zimbabwe, Lesotho, Swaziland and Angola.
Malawi’s CHRR is leading some Southern African human rights bodies to the session including Human Rights Institute of South Africa (HURISA), Association of Justice and Peace and Development (AJPD), Centre for
the Study of Violence and Reconciliation (CSVR), Southern African Litigation Centre (SALC), Zimbabwe Human Rights NGO Forum (ZHRNF), the Coalition for An Effective SADC Tribunal, Centre for Development of
People (Cedep) and Open Society Initiative in Southern Africa (OSISA).
In his presentation to the conference on Friday, November 6, Makhumbo Raymond Munthali CHRR’s Governance and Human Rights Advocacy Officer lauded Malawi government on efforts in addressing human rights
challenges with the first ever report although the strides made were marred by the some critical concerns which undermine the space and work of human rights defenders in Malawi.
“We commend the Malawi government for its efforts in complying with the African Charter on Human and Peoples Rights by submitting its first report at the 56th session of the African Commission on Human and Peoples Rights.
“Malawi is also one of the 7 African Union member states to have deposited the declaration of the Protocol on African Court requirement under Article 34(2), (6), and (7) read together with Article 5 of the Protocol allowing its citizens and NGOs with observer status to directly access the African Court. Malawi’s current efforts so far in developing its national human rights action plan through an inclusive process must also be commended”, says Munthali.
Munthali however observed that strides the Malawi has attained are marred with critical concerns including the politicization of Malawi NGO Board, National Intelligence Bureau (NIB) and the use of the Office of the Presidential Advisor on NGOs and Civil Society to restrict and suppress the Civil Society space and voice respectively
by particularly targeting human rights defenders who are deemed critical of the Malawi government coupled by the use of the state-media Malawi Broadcasting Corporation against critics of the government are complete diversion from the state’s obligations under the African Charter and other international instruments.
“The delays in the investigations of the murder of Anti-Corruption Bureau officer Issa Njauju, the prevailing “culture of impunity” over extrajudicial killings of July 20, 2011, student activist Robert Chasowa’s murder and threats and arson to offices of human rights defenders between 2011 and 2012, and the recent lack of political will for the state to condemn threats and protect some human rights defenders, journalists, and Anti-Corruption Bureau director from the
alleged death threats are nothing but a diversion from Malawi’s obligations before the African Charter”, observes Munthali.
Apart from Malawi with bad human rights records, Angola also marred with arbitrary arrests, torture, detention of activists, women human rights defenders upon Presidential Decree on NGOs passed in March this year which extend the control of the Angolan government on the operations and functioning of NGOs in Angola through the State’s close
supervision and control of CSO activities and regional areas and State’s prior approval of every foreign contribution or funding, among others.
While in Swaziland and Lesotho, the political intolerance and threats to human rights defenders and lawyers, and interference with the judiciary, non-compliance with regional obligations continue unabated.
“In South Africa, we commend the South African government for responding positively to the students’ petition against zero per cent tertiary education fees increase, and for a coordinated response to xenophobic violence which erupted earlier this year.
“However, we are concerned with pockets of xenophobic violence in some parts of the country, corruption, police killings, impingements to freedom of assembly and demonstration, and interference in the independence, processes and functions of the judiciary and the Chapter 9 institutions by political powers while in Zimbabwe the persecution
of human rights defenders, lawyers, interference with judicial processes and functions; and the enforced disappearance of a human rights defender- Itai Dzamara still persist”, discloses Munthali.
The watchdog body therefore appeals for African Commission on Human and Peoples Rights to urge the SADC Heads of States and Governments to restore access to justice for citizens in SADC by reinstating the SADC
Tribunal in its original form and encourage state parties to provide access to justice by not ratifying the amended SADC Tribunal protocol and provide an enabling environment to end reprisals to NGOs, human rights defenders who cooperate with the African Commission and strengthens the African System of human rights.
