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.

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

CSO, NGOs Nominated Few Women Commissioners For MHRC

Law Commissioner Gertrude Lynn Hiwa

Clarification from the Malawi Law Commission (MLC) on the imbalanced representation of women in the recent appointment of Commissioners for the 6th Cohort of the Malawi Human Rights Commission (MHRC), suggests Civil Society and Non-Governmental Organizations are themselves to blame. 

The remarks from MLC, comes amid outcry that there is only one woman in the current list of Commissioners for MHRC. 

Bertha Msefu, Reverend Patrick Semphere and Baldwin Chiyamwaka are the newly appointed Commissioners who join Commissioners; Benedicto Kondowe, Dalitso Kubalasa, Justin Dzonzi and Steven Mkoka.

Last week CSOs released a press statement which declared that gender equality and women inclusion was missing the appointments of Commissioners of MHRC. 

The human rights defenders, also wrote President Peter Mutharika as final authority that endorse and swears in Commissioners, asking him to withdraw the nominations to allow new process start over again to include two more women from the existing list.

However, MLC on Tuesday explained to the press that all processes to appoint new Commissioners for MHRC was duly followed and that relevant NGOs submitted their nominations of persons to be Commissioners.

“The Law Commissioner and Ombudsman sent out the request to the concerned NGOs and other bodies that are relevant for nominating members that should be considered for the position of members of the Human Rights Commission.” Clarified Commissioner Gertrude Lynn Hiwa

“In the end, the Law Commissioner and Ombudsman being facilitated by the Secretariat of the Human Rights Commission went through the processes as set out by the law, taking into the regard of the provisions of Human Rights Act, the Constitution and the regulations that are made under the Human Rights Act. 

There is a set criteria that we took into account and this is a process that is both objective, transparent and quite comprehensive” she explained 

Hiwa: the out come is what CSOs presented 

“The outcome is a sign of what we had to work with. There were factors that were beyond our control so that although as Law commissioner we are aware of Gender Equality Act provision there was nothing that we could have done but to go through with the process as is provided by the law” she said

Hiwa then said president who is the appointing authority had only fulfilled his mandate by appointing the names that were before him.

Although the Law Commissioner, noted that the calls by concerned CSOs for more women representation were valid, but she also indicated that in the reading of the law, there is no reversal to the decision that was made.

Some Govt Institutions On Illegal Industrial Strikes – MHRC

But Pushes for Amicable Solution

The Malawi Human Rights Commission, (MHRC), takes a neutral position in the ongoing industrial actions and strikes by employees of public sector organisations.

In a statement signed by its chairperson Ambassador Sophie Asimenye Kalinde has however noted that some strikes are outside of the context of any negotiations, and their legality is questionable.

The Commission notes with concern the grave consequences the continued industrial actions and strikes have on the delivery of public services, which in turn pose serious negative implications on the enjoyment of human rights.

“While noting that taking part in an industrial action or a strike is a human right and that under section 33(4) of the Constitution, the state is under an obligation to take measures to ensure the right to withdraw labour, and whilst appreciating the validity of some of the issues leading to the strikes, the Commission is emphasising that this right like all human rights must be exercised with due regard to attendant responsibilities, as well as, through actions that are within the parameters of the applicable laws and in compliance with set legal procedures.” Reads the statement

Kalinde: Government should 
at all times be forthcoming
 and proactive in addressing 

reasonable concerns of 
employees

“The Commission would like to remind all stakeholders that the right to fair labour practices including the right to withdraw labour, like most rights, can only be exercised within the set legal parameters and with due compliance with set procedures. This includes the need to exhaust all other means of negotiation and compliance with the 7 days’ notice period prior to the industrial action.”

The Commission therefore urged all public sector employees to exercise the right to fair labour practices, including ensuring that essential services are not disrupted.  It particularly said employees engaged in essential services provision such as the hospital sector "should at all costs" avoid industrial actions which may be tantamount to endangering life and the health of people.

“Equally, Government should at all times be forthcoming and proactive in addressing reasonable concerns of employees engaged in provision of essential services so as to pre-empt the need for strikes in this sector” urged the Commission

In its recommendations MHRC has among others called upon Government and employees on strike to address the differences that have led to the ongoing industrial actions or anticipated strikes as a matter of urgency and in good faith while making lawful and reasonable demands as conditions precedent for settlement of labour-related disputes.

The commission has asked Government to take prompt and deliberate measures to address the reasonable concerns of employees working in public essential service delivery, so as to ensure that the limitation of their right to withdraw labour does not result into negating the essence of the right to fair labour practices.  

The statement also, calls upon all concerned employees proceeding on industrial actions that are outside of the provisions of the law, to call off their strike and urged Employees to carefully consider other options for resolving labour disputes.

Public institutions that received little salary adjustment effective October 2014 compared to other public institutions among them workers from Judiciary, anti-Corruption Bureau (ACB) and University of Malawi workers are continuing with strikes against decision which government says it is salary harmonization process.

However MHRC on the salary says the process has been characterised with a number of shortcomings, including, different treatment of employees in the sector and lack of clear justification for such decision to concerned workers.

The commission adds that amidst developments of the adjustment of salaries with huge percentages for the State President and Vice President, Cabinet Ministers and Members of Parliament, increments made to other institution ranging from 5% to 10%, are translating into negligible salary increases considering prevailing cost of living and are viewed as a mockery.