By Chisomo Phiri
BLANTYRE-(MaraviPost)-MISA Malawi and other six like minded bodies in the country have called upon President Lazarus Chakwera’s Tonse government discontinuation of unorthodox arrests of citizens over online activities which is suppressing of freedom of expression.
The rights bodies made the call in a statement issued on Monday, 2 May, 2022 following continued arrests of people allegedly criticizing the ruling government.
“We are deeply concerned with the rising cases of Police surveillance and interception of private conversations of citizens resulting in arbitrary arrests, prosecutions and convictions.
“Malawi is a state party to both the African Charter on Human and Peoples’ Rights (ACHPR) and the International Covenant on Civil and Political Rights (ICCPR).
“The ACHPR Declaration of Principles on Freedom of Expression and Access to Information (the Declaration) elaborates on freedom of expression stating under Principle 21(1)(b) and (c) that public figures shall be required to tolerate a greater degree of criticism and that sanctions shall never be so severe as to inhibit the right to freedom of expression. Principle 23(3) of the Declaration is also instructive that States shall not prohibit speech that merely lacks civility or which offends or disturbs, ” reads part of the statement.
The statement also adds that the unlawful arrests of citizens, journalists and activists is a violation of section 21 on the right to privacy, section 34 on freedom of opinion, section 35 on freedom of expression, and section 36 on press freedom under the Malawi Constitution as well as the international law.
There have been numerous reported arrests of citizens over online activities since the Chakwera Tonse-led government came into power in 2020.
The most notable ones include, the arrest Of social media activist, Joshua Chisa Mbele, issued warrant of arrest for political activist, Bon Kalindo, arrested of 39-year-old man, Joseph Mathews, arrested of 20-year-old, Chisomo Makala, arrest of Ignatius Kamwanje, arrested of former Member of Parliament for Kasungu West, Alex Meja and Ntcheu nurse Mr Chidawawa Mainje.
Journalists have also not been spared from the targeted arrest by the administration including the recent crackdown of Gregory Gondwe, Watipaso Mzungu and Enock Balakasi.
The human rights bodies argue that this pattern of state surveillance and climate intimidation has a chilling effect on freedom of expression and active citizen participation in critical governance issues affecting Malawi and may prompt to a degree of self-censorship, especially among media practitioners and social media users.
Meanwhile, the bodies have reiterated their call for government to repeal all laws that suppress freedom of expression online and offline including Electronic Transaction and Cyber Security Act, the Protected Flag, Emblems and Names Act ( Cap. 18:03) and the Penal Code, among others, which over the years have been used to restrict freedom of expression online and offline especially for those dissenting views.
The bodies have further urged the Tonse Administration to immediately drop all criminal charges related to freedom of expression online and offline and restore the government’s human rights obligations that are in line with the Malawi’s Constitution and International Law.
The seven rights bodies include, Youth and Society (YAS), MISA Malawi, Centre for Human Rights and Rehabilitation, Centre for Human Rights, Education, Advise and Assistance (CHEREAA) Southern Africa Litigation Centre (SALC), Paradigm Initiative (PIN) and Centre for Education and Development.
