…..Demands respect of freedom of assembly
LILONGWE-(MaraviPost)-The country’s civil rights group under the banner National Advocacy Platform (NAP) is deeply alarmed by the blatant disregard for citizens’ fundamental right to freely and safely express their views.
The concerns comes barely a day after Panga wielding thugs disrupted opposition parties denominations in the capital Lilongwe.
The demonstrations aimed at forcing Malawi Electoral Commission (MEC) Chairperson and Chief Elections Officer Anabel Mtalimanja and Andrew Mpesi to resign for being accused belonging to Malawi Congress Party (MCP).
Opposition parties fear that the duo’s presence at the commission might favor MCP during the 2025 General Elections.
During Wednesday’s opposition parties demos, panga wielding thugs disrupted the gathering while Malawi Police Service officers became spectators.
However, opposition parties went ahead with demos despite Lilongwe District Commissioner Palani asked them to reschedule the protests citing absence of police service.
But in a press statement issued on Thursday, November 14, 2024 and signed by NAP Chairperson and National Coordinator Benedicto Kondowe and Baxton Nkhoma respectively, emphasized the need for respect for freedom of assembly.
“The National Advocacy Platform (NAP) firmly condemns the troubling events that marred the November 13, 2024 demonstrations in Lilongwe. Despite a postponement directive from the Lilongwe District Commissioner, which followed consultations with key stakeholders, including opposition representatives, the demonstrations erupted in confrontation, resulting in injuries and law enforcement’s use of tear gas against citizens exercising their constitutionally protected rights to peaceful assembly and expression.
“This descent into violence, unabated by law enforcement and marked by counter-protest vigilantes, reveals a grave dereliction of duty by authorities and a fundamental breach of the democratic principles enshrined in our Constitution,” observes NAP statement.
NAP adds, “We are deeply alarmed by the blatant disregard for citizens’ fundamental right to freely and safely express their views. The violent scenes witnessed on 13th November 2024, resulting from inadequate preventive measures and unchecked interference, not only jeopardize public order but also establish a disturbing precedent for civic engagement in Malawi.
“For a democracy to thrive, all duty bearers must commit to facilitating peaceful protest while actively preventing violence. Failure to uphold these principles risks eroding democratic norms, undermining trust in state institutions, and destabilizing the very foundation of our society”.
Kondowe condemns, “We unequivocally condemn the acts of violence reported during the demonstrations, including roadblocks allegedly set up by the “Azitho Group” to prevent protesters from assembling, along with reported attacks by individuals who are believed to be from the Msundwe community. Such aggression infringes on the rights of all citizens involved and creates a hostile environment where voices are stifled by fear.
“Both protesters and counter-protesters must exercise mutual respect, and we call upon all parties to refrain from any actions that could escalate tensions further. The passivity of law enforcement in managing the actions of counter-protesters contributed to the escalation, underscoring the need for a proactive and fair police response”.
NAP reminds the public, “Malawi’s commitment to fundamental human rights is clear, as the country is a signatory to the Universal Declaration on Human Rights (UDHR), and our Constitution enshrines the right to freedom of assembly, association, and expression under sections 32, 35, and 38 respectively.
“The provisions uphold citizens’ rights to peaceful assembly and expression without unjust interference. The Police Act further mandates law enforcement to protect such gatherings. Attempts to prevent demonstrations without valid reasons violate these rights and threaten the future of democratic expression in Malawi”.
NAP observes further, “Under Section 96(1) of the Police Act, the Malawi Police Service has an obligation to impartially safeguard the rights of citizens to assemble. Yesterday’s use of tear gas against protesters, in contrast to the inaction toward counter-protesters, calls into question whether law enforcement acted independently and proportionately, as required by the Constitution. Law enforcement must commit to providing unbiased security for all citizens, upholding constitutional rights without discrimination.
“While freedom of assembly and expression are foundational rights, NAP reminds all demonstrators of their duty to respect the rights of others. Section 15 of the Constitution requires every individual in Malawi to uphold these rights and respect differing views. We urge all citizens to exercise their freedoms in a manner that respects opposing perspectives and avoids obstructing others”
NAP therefore called on duty bearers and opposition representatives to come together for meaningful dialogue.
“Address the underlying grievances that fueled these protests requires a collaborative effort. NAP reaffirms its commitment to platforms such as the National Elections Consultative Forum (NECOF), which offers valuable spaces for peaceful and productive discussions.
“We believe that resolving conflicts through dialogue and mutual understanding will uphold democratic principles and also promote an environment of inclusivity and reduce public dissent, ultimately strengthening Malawi’s political landscape,” reads NAP statement in part.
NAP appeals further, “Achieving lasting peace and unity demands selflessness and a shared commitment to responsible citizenship. We cannot afford to overlook the recent disturbing events, as doing so only lays the groundwork for further conflict—something NAP firmly opposes.
“We each must foster and promote a culture of civility, respect, and accountability, recognizing our collective responsibility to future generations. In this spirit, NAP, alongside its partners, will facilitate a multistakeholder Electoral Integrity Forum. This forum will not only champion the principles of universal suffrage but also establish a systematic approach to monitoring and addressing electoral violence, ensuring that our democracy remains resilient and inclusive for all”.
Concludes NAP, “We call upon the District Commissioner, police, and all duty bearers to protect the constitutional rights of Malawians without bias. Attempts to undermine these rights compromise the foundations of our democracy and signal a troubling lack of accountability.
“NAP remains dedicated to defending the rights of citizens to voice their concerns free from fear of violence or suppression”.
