MISA Malawi is calling upon President Lazarus Chakwera to sign the Declaration of Table Mountain as a sign of his administration’s commitment to abolish insult laws and criminal defamation in the country.
Adopted by World Newspaper Congress held in Cape Town, South Africa in 2007, The Declaration of Table Mountain calls for the repeal of criminal defamation and ‘insult’ laws across the African continent.
By signing the declaration, President Chakwera will demonstrate genuine commitment to media freedom and freedom of expression as basic human rights in a democracy.
MISA Malawi on Saturday learnt with delight the Tonse Administration’s “new policy direction” that it will not enforce laws that stifle freedoms that are enshrined in the country’s constitution.
Minister of Homeland Security Honourable Richard Chimwendo Banda made the pronouncement as he commented on a warrant of arrest that had been issued for politician Bon Kalindo for allegedly insulting President Lazarus Chakwera.
“It is the policy position of this government to desist from enforcement of laws that border on stifling freedoms enshrined in our constitution.
“I have communicated this policy position to the inspector General of Police and I have been assured that they will withdraw the warrant,” wrote Honourable Chimwendo on his facebook page.
While MISA Malawi appreciates such pronouncements, government’s commitment will remain questionable where no concrete action is taken to demonstrate the same. Under the same administration, several individuals have been arrested and are on trial on charges bordering on archaic insult laws and criminal defamation; an act that only results in preventing legitimate public discussion and chokes dissenting views – the pillar of any healthy multiparty democracy.
We join calls by other civil society organizations that President Chakwera should fulfill his campaign promises and abolish these laws. However, considering that the process to repeal bad laws may be time consuming, the President needs to also make use of immediate remedies such as the signing of The Declaration of Table Mountain.
The Declaration recognizes Article 19 of the Universal Declaration on Human Rights which guarantees freedom of expression and emphasizes that freedom of expression is essential in the realization of other rights set forth in international human rights instruments.
Signing the declaration would ensure that such policy direction is adhered to at all government levels.
Among the laws that have to be abolished, MISA Malawi recommends the following:
1. Some sections of the Penal Code, Act 22 of 1929, more especially Chapter 18 which deals with defamation.
2. Protected Flag, Emblems and Names Act of 1967, as State interests that the provision seeks to protect are not clear.
3. Censorship and Control of Entertainments Act of 1968,
4. Official Secrets Act of 1913.
5. Electronic Transactions and Cyber Security Act of 2016 has provisions that stifle free speech and needs to be reviewed.
In conclusion, MISA Malawi wishes to encourage citizens to continue to express themselves responsibly. Social media platforms should be used to enable healthy discussions but not the spread of misinformation.
We wish to also remind the government that in an open democracy, authorities need to exercise tolerance for what may be highly critical and unflattering comments. Local authorities should remain consistent with international human rights laws stating that “expression should not be criminalized unless it poses a clear risk of serious harm.”
We believe criminalizing free speech is criminalizing democracy.
Contacts
MISA Malawi Chairperson Teresa Ndanga
Cell: +265 999 247 911 or email teresa.temweka@gmail.com
MISA Malawi National Director Aubrey Chikungwa
Cell: +265 999 327 311 or email info@misamalawi.org
