Human rights are treated as peripheral
The Malawi Human Rights Commission (MHRC) last week released a report that tackled the status of human rights in Malawi. Phillip Pemba talks to MHRC chairperson Sophie Kalinde who explains more about the report.
Q:
How would you summarise the current status of human rights in Malawi?
A:
In the recent Status of Human Rights Report, covering the period June 2012 to May 2013, the commission is noting that commendable strides have been recorded in the area of the advancement of human rights compared to the period before May 2012. Nonetheless, while significant progress continues to be recorded in a number of areas, there are areas that have manifested retrogression in the realisation of human rights by people in Malawi.
The majority of human rights issues which were evidently pervasive fell in the category of economic, social and cultural rights. The area of civil and political rights continue to face challenges with respect to a number of issues including: the right to life; the right to human dignity and freedom from torture, cruel, inhuman or degrading treatment and punishment; conditions of places of detention; access and use of the public broadcaster; and the right to freedom of the press continue to register a dismal progress and, administrative justice and procedural fairness issues
Q: How important are the reports the commission has been releasing?
A:
Through these reports, the commission offers the much-needed oversight role over the performance of duty bearers, including the President and the Government of Malawi, with respect to their duties to promote, protect, and fulfil human rights. The reports also target the claim holders (the citizenry) with respect to the various responsibilities that should be observed where the enjoyment of human rights is concerned. Thus, most importantly, the report is a critical accountability tool for ensuring that human rights are demanded, and duty bearers are called to account for their action, inactions or omissions with respect to these rights.
Q: After releasing these reports, what’s your next course of action?
A:
These reports are used as accountability tools with different stakeholders. Meetings and other forms of engagements are done by using these reports to bring these issues to the appropriate authorities, discuss and adopt strategies for addressing the issues. In addition to this, the law allows us to conduct litigation, including public interest litigation as a means of facilitating access to effective remedies. Here, I would cite as an example the instance where the commission had to commence a court action challenging the amendment of Section 46 of the Penal Code.
Q: How do you assess the level of commitment from relevant authorities in terms of implementing recommendations in your reports?
A:
The reports and recommendations by the Human Rights Commission have been well received by a number of duty bearers. I would cite the examples of the leadership of the Malawi Prison Service, some government ministries and departments, private entities, and the current leadership of the Malawi Police Service, who are implementing a number of recommendations by the commission. However, on the other hand, as indicated in the Annual Reports of the Human Rights Commission, compliance with the Human Rights Commission’s recommendations has tended to be one of the recurring challenges. There have been instances where recommendations from the commission have not been acted upon. This is why political will is one of the major factor with respect to getting duty bearers fully deliver on their human rights obligations.
Q: Does the commission have capacity to force relevant authorities to implement your recommendations?
A:
In line with the enabling legislation, the Human Rights Commission Act, the Commission has powers to only make recommendations. Thus, compliance with its recommendations depends on the good will of the duty bearer concerned.
Q: Some ruling party officials have generally described your recommendations on various issues such as use of hate speech as mere opinion of the commission; how do you react to such comments?
A:
That is also their opinion, and it is to be respected. The commission always welcomes feedback and constructive engagement on the issues it raises from time to time. Nonetheless, one would have thought that instead of rushing and out rightly dismissing the commission’s observations on these issues, the respondents should have taken time to consider that the commission has arrived at these observations on the basis of facts as they are on the ground and through objective and independent assessments using applicable constitutional provisions and legislations as a yard stick. On this basis, these government and ruling party officials should have paved way for a much more constructive engagement. As such one would have expected that at the very least, they would have indicated that they have duly noted the observations and would be engaging with the commission on the matters raised and the way forward, other than out rightly adopting what is appearing to be a defensive mechanism mode.
Q: How do such reactions affect the commission?
A:
The people of Malawi would be the best judges regarding the issues raised by the commission. Thus no amount of trashing or ignoring these issues can take them away. For as long as the issues being raised by the commission are evidence-based and arrived at after an objective and independent assessment, and analysis, these reports will remain relevant and critical for ensuring checks and balances and that relevant duty bearers are furnished with appropriate advice on their roles in promoting and protecting human rights.
