Opinion

My Take on It: Please leave our Bill of Rights as enshrined in the Constitution

5 Min Read
Billy Mayaya

And to the messenger of the church in Philadelphia write: These things says the Holy One, the True One, having the key of David, the One opening and no one will shut, and shutting and no one opens. Revelation 3:7

 

Richard Msowoya
Richard Msowoya: Malawi speaker

This past week, three incidents unfolded in our national space that threatened our basic right to human freedoms. They must be challenged, questioned and all misty areas be removed. The first is the statement by the esteemed Speaker of Parliament, Honorable Richard Msowoya, who said at a ceremony on free speech, that Malawi must embrace free speech with caution. The Free Expression Institute hosted the ceremony.

The second, was an affront to our right to freedom of conscience, which includes the right to practice our religious believe. This involves the Paramount Chief Lundu barring Prophet Shepherd Bushiri from building a church in Chikwawa district. The Chief went as far as labeling the man of God as a Satanist.

 

Malawi National ID
Malawi Registration in progress

The third affront to our freedoms, is the Government call to Malawians in the Diaspora to return to Malawi to register for their National ID. The failure to do this, the living-outside-the-country-Malawians, risk being denied a variety of national goodies such as access to medicines, voter registration, etc.

 

The Constitution of Malawi, of which I am proud to have been among the drafters and during which our State President was Chair, has a wonderful section. It is my favorite and it’s Chapter 4, entitled Human Rights. It has 16 basic rights and eight freedoms that we enjoy as Malawians. These are to be found in Chapter 4 sections 32 to39.

 

They are 4:32. Freedom of association, 4:33. Freedom of conscience 4:34. Freedom of opinion, 4:35. Freedom of expression, 4:36. Freedom of the press, 4:37. Access to information, 4:38. Freedom of assembly, and 4:39. Freedom of movement and residence.

 

To the Speaker of Parliament on Freedom of expression

The advice from the Speaker of Parliament for Malawians to use the freedom of expression with caution, flatly limits the Constitutional provision. It is akin to giving with one hand and taking back with the other. As far as the Constitutional provision is laid out in Chapter 4, there is no limitations. As Freedom of Expression Institute board member Godfrey Chisusu said, it is important that Malawi creates a conducive environment where people can express themselves in whatever manner they choose.

 

Is someone feels aggrieved by the free expression of another person, the courts of law are there to interpret and decide whether a wrong has been committed. However, where high-profiled persons, issue cautionary words from the podium, makes us to fear our own constitutional gifts.

I suppose, Honorable Msowoya was exercising his right to express himself.

 

Barring Bushiri is against Freedom of Religion

chief lundu

With all due respect to the Paramount Chief Lundu, to declare that Prophet Bushiri is not welcomed in Chikwawa is also an affront to the provision of our Constitution that allows Malawians to choose the religion we want to follow. If even just two people wish to belong to Prophet Bushiri Church, then let the man of God procure the land to enable the two faithful’s to worship as they so desire.

 

It must also be reminded to the Paramount that he is a custodian of the land, he holds it in trust on behalf of the government; and we the people are the government. On the issue of Satanism, the bible teaches us that we must “judge not, and you shall not be judged.”

 

Freedom of National identity and the Diaspora

 

Malawi National RegistrationSample ID
Malawi National RegistrationSample ID

The last provision on freedoms in Chapter 4 is Freedom of movement and residence. The last time an assessment was made is that there are probably five to six million Malawians. Let us assume that five million Malawians would from August to December, flood into the country for this exercise, does the National Registration Bureau have the capacity to handle this extra influx of eager to get Malawi ID Diaspora?

 

The advice and idea of Malawians everywhere proudly holding the Malawi National ID is a noble one; however, it is easier said than done and secondly, it is being highly unrealistic. Let us paint a scenario where a Malawian living in the US, has a wife and three children ages 16 to 20 years. A return air ticket to Malawi is $1,700, if the family of five makes the journey for registering and gaining a Malawi National ID, would entail an $8,500 expense.

 

The National ID is free, however, getting to Malawi is costly. It is for this reason, perhaps the Government should set up sub bureaus in the embassies; and because you have potentially saved the Diaspora the air ticket, it can be assumed they could not whine if the outside Malawi National ID came with a $200 price tag. Thus, for the family of five the price tag would be $1,000. But imagine the windfall for the Malawi Government

 

It is being said that the National ID will be the sole identifier and proof of Malawi nationality, what becomes of the passport? There is more that needs to be unveiled about the ID. In its infancy, it appears to be flouting the Constitutional provision of our freedom of movement and residence.

 

The Constitution protect the human rights of all Malawians. We must guard against encroaching on the provisions enshrined in the Bill of Rights.

 

Long live genuine democracy!

Janet Karim

Author, high school Learning Disabilities Teacher, candidate Master of Education Special Education, Mason University; highly organized, charismatic and persuasive Communications Specialist and accomplished Journalist, Editor with 41 years in the communications field, offering expertise in all phases of print, broadcast, telecast, and social media productions. Enthusiastic story teller. Highly-motivated and trained media professional possessing exceptional writing and editing skills with ability to draft engaging and effective content; Opinion column contributor for leading national dailies (Maravi Post – 2015-PRESENT; Nation Malawi – 2015-PRESENT; Times Malawi (2004-2007). Other areas of expertise include grant writing and NGO project management. Highly trained in international, regional and local lobbying and election skills. Collaborates with international companies to initiate development policy change and foster public awareness, with deep commitment to social justice and health care equity; especially in work towards women’s political, economic, and social empowerment; ending child, early and forced marriage; and promoting the human rights of the elderly. Advocate for highlighting climate change its effects on the planet. International development work experience with the United Nations headquarters (10 years, and two years UNDP field work); field experience (Malawi) – Oxfam, UNDP, UNICEF and UNESCO. Superb public speaker who communicates effectively with target audiences through strategic one-to-one or large audiences, expert in event planning and PR campaigns. Conscientious, diplomatic, and tactful in all communicationsg.