As the world celebrates the 2024 Human Rights Day, MISA Malawi is concerned with government’s failure to protect fundamental rights of assembly, expression and the media.
‘Our Rights, Our Future, Right Now’ is the theme for the 2024 celebrations and casts the spotlight on how human rights are a pathway to solutions, as they play a critical role as a preventative, protective and transformative force for good, particularly in times of crises.
The 2024 Human Rights Day is an opportunity to reflect on the state of human rights in the country and we strongly believe the State needs to seriously condemn and take action on increasing violations of fundamental rights of assembly, expression and the media. The State should not disregard its obligation to promote and support the exercise of these rights.
As we celebrate this day, we would like to highlight some of the disturbing incidents which the State needs to reflect and act on:
- On November 13, 2024 some ‘unknown’ panga wielding individuals dispersed protesters in Lilongwe in the presence of law enforcers. A similar incident happened on November 25, but to date police have not questioned or arrested anyone on such barbaric acts of violence and assault on human rights.
- On Tuesday, December 3, officers from Blantyre Police Station detained Times Group journalist Isaac Salima and forced him to delete pictures and videos of a fracas at the Southern Region Headquarters of the Directorate of Road Traffic and Safety Services.
The right to assemble is a form of expression and limiting people’s right to assemble is not only a violation of Section 38 of the Republican Constitution on “…the right to assemble and demonstrate with others peacefully and unarmed,” but also Section 35 on Freedom of Expression.
Individuals wielding ‘pangas’ and threatening people has the potential to instill fear and promote lawlessness. The State’s inaction on those people who not only once but twice threatened demonstrators is concerning and leaves a huge dent on Malawi’s human rights record.
Any attack on the right to assembly has a direct impact on freedom of expression that MISA Malawi defends and promotes. Malawians have the right to express themselves through public protests and demonstration and stopping demonstrations through violent behaviour is akin to stopping freedom of expression.
Apart from violations on the right to assemble, we have serious concerns on the tendency by the police to detain and force journalists to delete information from their gadgets. The Malawi Police Service has in the past made assurances to respect media freedom in Malawi, but the behaviour of some officers leaves a lot to be desired.
The pattern of attacks on journalists by the police can easily be construed as deliberate to muzzle, frustrate and even destroy the free and independent media in Malawi. The pattern is even more dangerous as we approach the 2025 general elections when journalists need more protection than any other time.
Section 15 of the Constitution protects human rights and mandates all branches of government, agencies, and natural and legal persons in Malawi to respect and uphold these rights. Failure by State agencies such as the police to arrest and prosecute perpetrators of violations of human rights is not only unfortunate but against the Constitution.
As the country prepares for 2025 General Elections, MISA Malawi would like to call for tolerance and peace at all levels of the political landscape. Recent wave of political violence and seemingly creation of ‘no go zones’ by supporters of Malawi Congress Party (MCP) and Democratic Progressive Party (DPP) are a threat to democracy that Malawians opted for during the 1993 referendum. We can consolidate our democracy by accepting that in multiparty politics we cannot all belong to one party and have similar political opinions or preferences.
MISA Malawi urges the government and all Malawians to respect, defend and uphold all human rights.
For feedback
MISA Malawi Chairperson Golden Matonga
Cell: +265 99 616 9705 or email goldenmatonga@gmail.com
MISA Malawi National Director Aubrey Chikungwa
Cell: +265 999 327 311 or email info@misamalawi.org
