Human rights in Malawi
According to a U.S. State Department report on human-rights conditions in Malawi in 2010, the major human-rights problems included “police use of excessive force, which resulted in deaths and injuries; security force impunity, although the government made some efforts to prosecute abusers; occasional mob violence; harsh and life-threatening prison conditions; arbitrary arrest and detention; lengthy pretrial detention; limits on freedom of speech and the press; official corruption; societal violence against women; trafficking in persons; and child labor.”[5] In late 2011, the International Foundation for the Protection of Human Rights described Malawi as having “descended into a spiral of authoritarianism in recent years,” and indicated that “[t]he situation deteriorated further in early 2011 when civil society reacted to corruption scandals and high commodity prices with demands for reform and good governance.
The authorities made statements inciting violence against human rights defenders and civil society leaders.” Similarly, a Human Rights Watch report described Malawi's human-rights situation as having “deteriorated significantly in 2011, with President Bingu wa Mutharika’s government acting in an increasingly repressive manner.” During the year, Mutharika had “signed repressive new legislation, including Section 46 of the penal code, which allows the minister of information to ban publications deemed 'contrary to the public interest.
In August 2012, Human Rights Watch noted that Malawi had “made notable progress” in human rights since the accession to the presidency of Banda, who had introduced greater media freedom, was calling for the repeal of antigay laws, and was threatening “to arrest President Omar al-Bashir of Sudan, who is wanted for war crimes by the International Criminal Court, if he tries to enter her country.”[10] Under Banda, the donor nations that had wholly or partly suspended their aid to Malawi resumed providing support.
“Malawian President Joyce Banda took a strong stance in support of justice despite tough pressure from the African Union,” said Undule Mwakasungula, director of the Malawi Centre for Human Rights and Rehabilitation.
'” It does not have the power to prosecute offenders, but it “can intervene in court cases and it has acted as amicus curiae.”[16] Transparency International reported in 2004 that “the MHRC is perceived as one of the most efficient public institutions in the country.”[16] or 1999[17] During the presidency of Bingu wa Mutharika, the Human Rights Commission was hampered by a lack of resources and a fear of reprisals.
She urged them to make the most of their “advisory role” and assured them “that nobody will be arrested by my office and I shall not hesitate to seek advice from your institution.”[18] The Malawian Constitution has often been described as very strong in its human-rights guarantees.
[21] This statement was widely noticed and applauded, with Canadian Foreign Affairs Minister John Baird praising Banda for her “commitment to repeal discriminatory legislation, including legislation that persecutes gays and lesbians.”[22] In September 2012, however, Banda “told reporters from international media in September that Malawians might not be ready for such a change, and suggested that members of parliament should take the question of decriminalization back to their constituencies.” In a radio debate on November 5, 2012, Justice Minister Ralph Kasambara announced a moratorium on arrests on charges of sodomy, an act that Human Rights Watch characterized as “a compromise position, which will permit parliament to debate possible legislative change.” At least part of the reason for Kasambara's action, reportedly, was a concern that Malawi's antigay law might violate the constitution's strong language about the “inherent dignity and worth of each human being” and “the rights and views of all individuals,” and that it was incompatible with the International Covenant on Civil and Political Rights, of which Malawi is a signatory.
Tiseke Kasambala of Human Rights Watch congratulated Malawi for taking “this bold step forward, putting respect for its own constitutional guarantees of equality front and center.”[23] A representative of Amnesty International said that the organization “welcomes Minister Kasambara’s statement and hopes it serves as the first step towards ending discrimination and persecution based on real or perceived sexual orientation and gender identity in Malawi.”[24] However, three days following his announcement of the moratorium, which had been fiercely criticized by Malawian church officials and by the Law Society, Minister Kasambara claimed that he had never declared any such moratorium and said “that laws carrying up to 14 years in prison for committing homosexual acts were still being enforced.”[25] There is great stigma associated with HIV/AIDS status in Malawi, and considerable discrimination.
[26] A 2012 report by the Human Rights Institute of the International Bar Association, based on observations made before Banda's accession to the presidency, noted “the use of excessive force by the police, especially in the context of handling political dissent.” The report criticized police conduct during the demonstrations in July 2011, and focused on “the suspicious death of student activist and Youth for Freedom and Democracy Vice President, Robert Chasowa,” in September 2011, pointing out that “a post-mortem report contradicted police claims that Chasowa committed suicide,” indicating rather “that his injuries were most likely due to assault.” The reported noted “with satisfaction” that Banda had “appointed a commission of inquiry to investigate Chasowa’s death.”[16] In July 2012, the UN Deputy High Commissioner for Human Rights Kyung-wha Kang expressed “serious concerns about ill treatment and violence, in some cases leading to death, by the police against crime suspects.” Praising Banda's government for its determination to restore public trust in the police, Kyung-wha Kang said she looked forward “to seeing this commitment backed up by concrete actions, including training and efforts to fight impunity for such violations.” As a “welcome step in the right direction” she praised the “new police complaints mechanism.”[19] During her July 2012 visit to Malawi, the UN human-rights official Kyung-wha Kang noted “shortcomings in the administration of justice in Malawi.”[19] The MHRC has alleged “that certain members of the judiciary appear aligned to the executive and that this undermines the effectiveness of the MHRC.” Also, the Human Rights Institute of the International Bar Association noted in 2012 that the office of the Director of Public Prosecutions “is currently severely understaffed,” and lacking in experienced staffers.
This causes major delays in the administration of justice, with “criminal cases...taking two to three years on average before trial.” According to the International Bar Association, “the remuneration of judges and judicial support staff is a serious problem,” leading to concerns “that some judges might be more inclined to look to other, sometimes improper, ways of earning extra income.” Furthermore, the International Bar Association noted with concern that there is no specific qualification, training, or code of conduct for magistrates, and that most High Court and Supreme Court of Appeal judges “obtained their law degrees during the one party era, when human rights were not covered extensively in the curriculum,” a problem that the United Nations Office of the High Commissioner for Human Rights and other organizations have sought to remedy by organizing “workshops and seminars on human rights for the judiciary.”[16] The UN Deputy Hugh Commissioner for Human Rights Kyung-wha Kang noted in July 2012 the persistence of a number of serious problems in Malawian prisons, including "[p]rolonged detention in severely overcrowded holding cells, due to a backlog of cases and the slow processing of bail applications."
"[19] Malawi Watch Human Rights, founded in 1992, “is an advocacy and lobbying non-governmental organization that works in areas of political and economic governance.” Its website has not been updated since January 2011.
[27] The Centre For The Development Of People (CEDEP) is a human-rights organization “dedicated to addressing the needs, improving the lives, and providing support for some of Malawi's most neglected minority groups through civic education, training, capacity building, networking and research.” Its members believe “that improving the welfare of minority groups, including prisoners, sex workers, and those in same-sex relationships, is crucial to the health and well-being of all peoples.”[28] The Human Rights Consultative Committee, founded in 1995, is a network consisting of church institutions, human-rights groups, and the Law Society of Malawi, all of which work together on advocacy, monitoring, and other activities with the goal of protecting and promoting human rights in Malawi.
