Religious leaders lead Malawians in anti-homosexuality march

Most Rev. George Desmond Tambala presenting
petition to Hon. Yusuf Nthanda

 Scores of Malawians across the country, took to the street on Thursday to express their disapproval with proposals to stop criminalization of homosexuality in the country.

Led by different religious mother bodies, the national wide march dubbed “In defense of marriage, family, and human sexuality” took place in various districts including Lilongwe, Blantyre, Mzuzu, Zomba, Chikwawa, Machinga, Mangochi and Rumphi.

The petition has asked the Malawi president Dr. Lazarus Chakwera and his cabinet as well as members of parliament to reject proposals to legalize homosexuality in the country’s constitution.

Media Crucial in Shaping Informed Public Dialogue on LGBTQ+ Rights in Mw

Group photo os journalists, MHRC officials
and Nyasa Rainbow Alliance Representative

Lack of knowledge about sexual and gender minorities rights among Malawians continue to impede sober conversations that protects the rights of LGBTQI+ community.

Discussions on LGBTQI+ generally ignore human rights aspects entitled to every person as most conversations center on cultural and religious values as others take step further to spread sentiments that propagates homophobia and transphobia of LGBTQI+ persons.

Concerned Citizens Disowns Kamangirah Sentiments On Murekezi Petition

The Malawi Concerned Citizens, group calling for the extradition of the 1994 Rwandan Genocide Convict, Mr. Vincent Murekezi, has reiterated their stand and distance themselves from sentiments that they have withdrawn their participation and involvement on this matter.

WILSA-Malawi In Sensitisation Campaign On Gender Laws

Women and Law in Southern Africa-Malawi (WLSA), has rolled out an initiative of promoting gender related laws in all constituencies represented by female legislator to allow more Malawians understands those legislations.

Mzati Mbeko, National Director for WLSA-Malawi said the three gender related laws which are: Marriage, Divorce and Family Relations Act; Gender Equality Act and on Trafficking in Persons Act, are not well understood by many Malawians.

Penal Code Amendment Bill of 2016, Courts Amendment Bill Passed

Tembenu

The Malawi National Assembly on Friday passed the Penal Code Amendment bill with an aim of addressing the ongoing attacks and killings of persons with albinism as well as protecting persons with any type of disability.

The legislation is proposing life sentences for those found guilty of unlawful exhumation of human corpses particularly remains of persons with disability with intention of having the body tissues to sell or use them in any witchcraft practices.

Penal Code Amendment Bill Proposing Life Sentences, Minimum 21 Years

The Penal Code Amendment Bill of 2016 is proposing life sentences with a minimum of 21 years imprisonment for convicts found in possession, selling, extracting or exhuming tissues of living or dead person.

The bill has just been presented by Minister of Justice and Constitution Affairs, Hon. Samuel Tembenu and is now being debated by the National Assembly.

The principle objective of the bill is to amend the Penal Code, in the wake of attacks on persons with albinism.

Independence Celebrations Fever Force House Shot Down Time Extension

              Its Time Up Honorables!

The Legislators on Tuesday evening left Bill No. 17 of 2016: Courts (Amendment) unfinished as members were rushing home to begin the two day holiday after sitting time was over.

Malawians are celebrating Independence Day Holiday this Wednesday while on Thursday, Muslims will be celebrating the Eid Ul-fitri and both days have been declared holiday.

2016/2017 National Budget Trim MHRC Budget Down By Half

The Malawi Human Rights Commission (MHRC) to face more challenges in the 2016-2017 financial year as the national budget has only allocated half of the amount needed by the institution this year.

MHRC submitted to treasury a planned budget of K213 million but the national budget has allocated K110 million.

The 50 percent reduction will scale down half of the planned human rights activities for this very important institution in this financial year of 2016-2017.

Grace Malera

Executive Secretary for MHRC, Grace Malera told the Cluster Committee on Authorities and Public Appointments which is scrutinizing the budget that this is “a record low” funding to the institution comparing to the previous budgetary allocations.

According to Malera, there are several implications to this reduction. She says the office will scale down crucial activities including Investigations, research and advocacy and education relating to ongoing attacks and killings of persons with albinism.

Even the construction project of MHRC long waited regional office in the Northern Region will continue to remain a dream as again this year, there is no allocation to that budget.

“The people in the northern region are people too, they are human beings and they have got human rights. So, this national body, the Human Rights Commission has got to reach out to them but this is one of the implications.” Says Malera who laments that MHRC activities in the north are experiencing number of problems due to lack of regional office

Malera also informed the parliamentary committee that with this reduction, MHRC will fail to hire new officers and solve office space problem. She told the committee that MHRC currently has 60 members of staff but requires 144 members of staff and that this financial year it plans to recruit 16 staff.

She further disclosed that MHRC has eight old vehicles but the budget has again failed to allocate money for the procurement of new vehicles and that this is a perennial issue which is again putting MHRC in mobility challenge situation when reaching out to communities across the country.

Among others Malera informed committee that MHRC is yet to receive from treasury, part of 2015-2016 budgetary allocation which is worrisome as there are only few weeks before the 2015-2016 financial year comes to an end.

“Whatever we are going to receive from July onwards, if it is going to come at the level of reduction of 50 percent, means the number of areas that we would have wanted to reach out to are going to happen at a lessened level.” Said Malera

Chairperson for the Cluster Committee on Authorities and Public Appointments, Hon. Lilian Patel, observed with concern that MHRC problems have remained the same for years now and that what the institution is asking Government this year were very same things that were asked previous years.

Patel then pleaded with the treasury to consider raising the allocation to the MHRC for it to fulfill its constitutional mandate of promoting human rights in the country.

However, in her response, Deputy Budget Director, Loyce Chilimsungwi maintained that it will be difficult to revise upwards the allocation to MHRC because the major hiccup in Government is resource availability.

“We don’t have enough in the basket” maintains Chilimsungwi

UN Rights Expert To Assess Situation Of Attacks Of Albinos in Malawi

Ikponwosa Ero

United Nations Independent Expert Ikponwosa Ero will visit the country to assess the human rights situation of the people with Albinism.

A statement from Geneva dated April 14th 2016, indicates that the monitoring visit by Ms. Ero from 18 to 29 April 2016, comes as reports of the attacks of persons with albinism and the sale of their body parts continue to surface in the country.

“I look forward to this first official mission to evaluate the situation of human rights of persons with albinism in Malawi, make concrete recommendations, and identify good practices to promote regionally,” said Ms. Ero, who visits the country at the invitation of the Government.

UN says this is the first country visit ever by the UN Independent Expert on the enjoyment of human rights by persons with albinism since the Human Rights Council established the mandate in March 2015.

“Attacks of persons with albinism and the sale of their body parts will be one of the main focusses of my visit. Yet, I cannot separate these crimes from other relevant and contributing human rights issues faced by this group in the spheres of health, disability, education, harmful traditional practices, among others,” she stressed.

The Independent Expert is tasked to report on developments and obstacles to enjoyment of human rights by persons with albinism; identify and promote good practices; and combat stereotypes, prejudices, harmful traditional practices and beliefs that hinder the enjoyment of their human rights.

During her two-week visit, the human rights expert will travel to Lilongwe, Machinga, Zomba, Phalombe and Kasungu. She will meet with representatives of the executive, legislative and judicial branches, local and territorial authorities, the Malawi Human Rights Commission, civil society groups, including organisations of persons with albinism, and members of the diplomatic community. 

“I also give particular importance to meeting with persons with albinism as well as families affected by violations of the human rights of persons with albinism,” Ms. Ero added.

At the end of her visit, on Friday 29 April 2016, the expert will share with the media her preliminary observations at a press conference but will present a comprehensive report on her visit to the UN Human Rights Council in March 2017. 

Ms. Ikponwosa Ero from Nigeria was designated in June 2015 as the first UN Independent Expert on the enjoyment of human rights by persons with albinism by the Human Rights Council.

President Mutharika Was Incorrect On Provision In ATI Bill

Trapence and Mtambo

It is now proven that President Peter Mutharika erred to claim that Access to Information (ATI) Bill has provision which bars National Assembly from reviewing the legislation once enacted.

Two renowned Civil Society Organizations, Centre for Development of People (Cedep) and Centre for Human Rights and Rehabilitation (CHRR) have since faulted the Malawi leader saying they never came across such provision in the drat bill.

Peter Mutharika

President Mutharika told Journalists on Monday at Kamuzu Palace that the ATI bill has number of inconsistencies including two provisions which says; once enacted the law will cover any information that happened before its enactment (Against common law principle that the law takes effect on matters happening the day it is signed) and that “in future” no parliament can ever repeal the law.

But according to a statement from the Cedep and CHRR signed by its executive directors, Gift Trapence and Timothy Mtambo respectively, they have possession of the draft bill which the President quoted but never came across a clause which says Parliament shall not have the power to repeal the Access to Information law.

“It is equally significant that President was able to highlight some of the “inconsistencies” in the Bill during the press conference. We, at CHRR and Cedep, however, wonder where the ‘inconsistencies’ the President highlighted during the press briefing came from. We have the draft Access to Information Bill and have never come across a clause which says Parliament shall not have the power to repeal the Access to Information law.  The Access to Information Bill we have was informed by progressive model laws on access to information.” Reads the statement

Cedep and CHRR believe the inconsistency claims were mare lies and tactics to delay enactment of the legislation.

The two CSOs have therefore challenged government to publish all the said “inconsistencies” for the public to appreciate them in addition to publicize the ATI Bill, once all the ‘ironing out’ and ‘aligning’ of the bill with other laws is done, before tabling it in the National Assembly.

“This would enable citizens and other stakeholders to check if there are any adulterations in the Bill.  Otherwise, we are bound to believe that the President is simply buying cheap public sympathy to justify the delay in enacting the bill.” Said Cedep and CHRR

“Given the culture of secrecy on how government is run, compounded a recent background of plunder of resources, Malawians  can simply ill afford to have an adulterated piece of legislation that will fall short filling its democratic space. Malawians need a law that will add value to democracy.” Claims the statement

Cedep and CHRR statement further said the President was undemocratic to state that he is not going to take deadlines from Malawians. The CSO's says as an employee of the electorate, the President must be accommodative enough, fully cognizant that it is within the citizens rights to issue deadlines to their demands especially on matters that require urgent address by his leadership.

Reading the draft ATI bill in question we never found the provision which President Peter Mutharika claimed that “in future” no parliament can ever repeal the law  

Indeed, President Mutharika was right to mention that in the current ATI Draft Bill grant access to information even that existed before the legislation was signed according to Chapter 3 on the application of the legislation  

                 “3. - (1) This Act shall apply to information in the custody or under the control of any public body, relevant private body or other information holders listed in the Schedule hereto regardless of whether such information came into existence  before the commencement of this Act  

     However, “(2) This Act shall not apply to the following information: Cabinet records and those of its committees; court records prior to conclusion of a matter; and information excluded from publication under the Official Secrets Act; and personal information.”

Mutharika made the error on the Bill when speaking to Journalist at Kamuzu Palace in Lilongwe on Monday evening following his return on December 6 from Malta, UK and South Africa where he went to attend to Summit and hold number of bilateral talks.

President Mutharika continued to make his promise of taking Access to Information Bill to National Assembly but this time around says this will happen "at some point" in this 46th Session of National Assembly.

He said his Government is through Cabinet Committee on Legal matters is resolving inconsistencies which prevented the bill from being taken to just ended First Meeting of 46th Session of the National Assembly as promised.c7

Government Not Shielding Anyone From Cashgate Prosecution - Tembenu

Government has quashed ‘cashgate suspects shielding’ assertions by some  Civil Society Organisation leaders.

On Wednesday last week, some of the renowned CSO leaders issued a press statement which claims that President Peter Mutharika’s administration is giving immunity to some public officers who were involved in plunder of public coffers dubbed cashgate. The letter also called for Mutharika resignation for poor democratic and economic governance.

“We have also seen a country fast receding into an old-age political and economic malaise: A country where pursuit of corrupt cases alias cash-gate is highly skewed towards offering immunity to those in power while coming the hardest on the weak.” Reads part of the statement by the CSO’s

They asked Government to do better on dealing with cash-gate, by among others, “commencing investigations on all those linked to the plunder of public resources from 2005 to 2012.  Politically motivated pursuit of cash-gate cases will not offer justice on the matter. We need a legal process on the public resource plunder that does not side with senior public servants and the administration’s cronies.”

Tembenu

However, responding to the claims on Tuesday, at an interface meeting between Ministers and CSO’s, Minister of Justice and Constitution Affairs, Samuel Tembenu described the statement “Devoid of substance”

“They haven’t come out clearly to indicate that government has given immunity to Mr. So, so so” said Tembenu

“On interest of Justice, we should make statement that is based on facts and evidence” urged the Justice Minister who further reminded CSO’s that public officers were arrested in connection to Cashgate where some have been already been convicted of the crime.

Also reacting to claims that government is failing to swiftly carryout an investigation and arrest culprits involved in plundering of the alleged K92 billion audit query for the period between 2005 to 2012 (now famously known K577 billion audit query), the Minister said Government in the mean time has no sufficient evidence that it can arrest individuals and companies involved in K92 billion scam because the audit query by Waterhouse Coopers is not a full audit report and contains no evidence against anybody.

However, Tembenu said once a full forensic audit is done just like was the case with Baker Tilly then government will have all the necessary evidence to begin arresting and prosecuting anybody linked to the theft.

“We cannot take someone to court without any sufficient evidence.” He said

Tembenu highlighted that at the moment Malawi Government is making headway in the prosecution of cases of Cashgate currently in court because there is a forensic Audit report by Baker Tilly which has all the evidence against suspects. He therefore said suspects are pleading guilty just because government is able to bring to court sufficient evidence against suspects.

CHRR, CEDEP Order DPP Regime To Stop Political Terror

Trapence  Left and Mtambo Right

Centre for Human Rights and Rehabilitation (CHRR) and Centre for Development of People (Cedep) have warned Democratic Progressive Party (DPP) regime to stop what the two human rights bodies called ‘act of political terror’ reported recently in the media.

Recent media reports have indicated that DPP members have assaulted an innocent citizen in Mzuzu; attempted to disrupt Peoples Party (PP) political rally in Chitipa and damaging business property of citizens perceived to be supporters of opposition political parties in Limbe, Blantyre.

Pro-Federalism Demonstrations Ban In Karonga Against Fundamental Human Rights- CHRR, Cedep

Mtambo (far left) and Trapence (Far right)

Centre for Human Rights and Rehabilitation (CHRR) and Centre for Development of People (Cedep) have jointly issued statement expressing shock on what they call "The government’s decision through the district commissioner to bar" a grouping called Karonga Youth for Justice and Development from holding a demonstration in favour of Federalism

The grouping is said to have been stopped from holding Pro-Federalism demonstrations after it submitted a notification letter to the district commissioner of their planned demonstrations scheduled for 28th September 2014