CSOs accuse MHRC of perpetuating violence against LGBTIs

Twelve human rights organisations have accused the Malawi Human Rights Commission (MHRC) of trying to perpetuate violence against lesbians, gays, bisexual, transgender and intersex (LGBTI) people.

MHRC wants to conduct a public inquiry on LGBTIs in the country which Human Rights Watch (HRW) expressed concern on.

But MHRC executive secretary David Nungu said the survey will be conducted in a professional manner.

A letter dated 15 August 2017 and signed by 12 CSOs addressed to the Commission stresses that human rights should never be put to a referendum or any other process that will result in some findings based on numbers or statistics.

“Human rights are inalienable and cannot be bestowed or removed by the decision of the majority,” said the letter.

The twelves CSOs that have signed the letter are: Centre for the Development of People (CEDEP), Human Rights Consultative Committee (HRCC), Centre for Human Rights Education, Advice and Assistance (CHREAA), Centre for Human Rights and Rehabilitation (CHRR), Malawi Network of Religious Leaders Affected or Living with HIV/Aids (Manerela), Art and Global Health Centre Africa, Ivy Foundation, Nyale Institute, Mango Network, Lesbian, Intersex Transgender and other Extensions (Lite) Association and Community Health Rights Advocacy (CHeRA).

“As civil society organisations, we are concerned that instead of investing in documenting the experiences that LGBTI people face, the forms of exclusion and discrimination they face and the best way to address [them], the commission is opting for a process that may perpetuate further violence and homophobia against the LGBTI persons,” the state reads in part.

They said that the intended survey is flawed because it undermines the primacy of human rights based approaches.

The human rights organisations called on MHRC to cancel the inquiry and invest its energy in investigating human rights abuses against the LGBTI community and avoid departing ‘from its mandate to respect, protect and fulfill the nature and scope of international human rights norms and standards’.

Earlier, HRW also warned MHRC against the move saying the LGBTIs, who are in a minority, cannot be subjected to a survey or public inquiry in a country where the majority of people is against it.

But Nungu said in designing the inquiry, MHRC has considered human rights principles and instruments, including the Bill of Rights as enriched in the Constitution of Malawi and the training by the Network of African National Human Rights Institutions (NANHRI) that took place in Kenya early this year where Malawi was represented.

The Commission today went ahead to solicit views from a human rights lawyer Chrispine Sibande and Centre for Solutions Journalism (CFSJ) director Brian Ligomeka before meeting faith leaders later.

Sibande warned that MHRC risks tarnishing its image on the international scene if it subjected “human rights issues” to debate.

“The MHRC has an image to show/protect to the world. It’s a technical institution. It’s not established on morals. Protect its image to the international world. You need to do in-depth research on how religious institutions in the world are addressing human rights issues. Some religious institutions are at the centre of human rights abuses, yet they want to portray otherwise,” he said.

Ligomeka wondered whether the timing of the inquiry was proper considering that Malawians would be going to the polls in a matter of 24 months’ time.

“Why are we having the inquiry at this time when we’re drawing closer to the 2019 elections? Is the timing right? Won’t we see politicians politicising the issue?” he wondered.

Episcopal Conference of Malawi (ECM) Secretary General Father Dr. Henry Saindi wondered why debate on the matter was still ensuing when one of the former Solicitors General had told the nation that a research had shown that Malawians were opposed to LGBTI rights and issues.

Sandy also expressed fear about the need to hold the inquiry amidst a moratorium on the matter.

MHRC chairperson Justin Dzonzi commended the groups for the inputs. He assured the Commission’s commitment to maintaining professionalism and impartiality in the whole process.