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MHRC, others bemoan shrinking civic space

State-funded Malawi Human Rights Commission (MHRC) and civil society groups have bemoaned poor levels of access to justice and shrinking civic space for human rights defenders in the country in recent years.

MHRC and other stakeholders raised the concerns on Tuesday evening and yesterday in a solidarity statement delivered during the International Human Rights Defenders Day awards dinner in Mzuzu and Human Rights Day commemoration in Nkhata Bay.

Massa: We have witnessed the use of restrictive legislation. | Malawi News Agency

During the Mzuzu engagement, MHRC Commissioner Boniface Massah said human rights defenders (HRDs) face intimidation, harassment, arbitrary arrests, digital surveillance and smear campaigns designed to discredit their work and silence their voices.

He said: “We have witnessed the use of restrictive legislation to stifle dissent and criminalise legitimate advocacy. We have seen peaceful protesters arrested, civil society organisations threatened and defenders subjected to prolonged legal battles meant to exhaust their resources and break their spirit.

“These are not isolated incidents. They represent a troubling pattern that undermines the very foundations of our democracy.”

Yesterday in Nkhata Bay, Massa said the commission has received over 25 complaints relating to allegations of judicial misconduct, including corruption and delays in conclusion of cases.

On the situation in the country’s prisons, he said their investigation at Mikuyu 1 Prison uncovered severe human rights violations, including 112 malnourished inmates, torture by prison prefects, inmates eating once a day and credible allegations that five inmates were killed and buried secretly.

Taking his turn, Youth and Society executive director Charles Kajoloweka said the operating environment for rights actors in Malawi and the region is under pressure, citing recent statements from senior government officials and politicians which he described as troubling.

He said the rhetoric by some officials and politicians casts the civil society as anarchists, warning that such sentiments do not emerge in a vacuum but shape an environment where intimidation becomes acceptable.

Said Kajoloweka: “These developments should worry everyone who believes in the promise of a free society. Civic space is not a favour the State extends to its citizens. It is a constitutional guarantee.

“Once civic space is eroded, it rarely recovers easily. We urgently call on the current administration to honour its commitments on advancing human rights.”

In his address on Tuesday evening, Second Vice-President Enock Chihana made a fresh commitment towards protecting rights and freedoms of HRDs, saying the civic space is not only a moral obligation but a legal one which is anchored in the Constitution.

He pledged that government will work with MHRC and other agencies to ensure that laws governing freedoms are applied fairly and consistently.

Chihana said government does not view rights defenders as adversaries but as partners who help government uphold its obligations as well as strengthen accountability and improve governance.

“This evening, I reaffirm that the Government of Malawi under the leadership of President Peter Mutharika remains committed to ensuring that civic space is open and protected.

“We recognise that meaningful citizen participation strengthens our institutions and leads to better outcomes in governance and development,” he said.

Acting United Nations Resident Coordinator Letty Chiwara said HRDs should never face intimidation, harassment, violence, reprisals or criminalisation for the peaceful exercise of their work.

She said: “This is especially true for women HRDs. Women defenders are present in every country in the world, advancing the ideals of the Universal Declaration of Human Rights. Yet they face distinct and compounded risks, including gender-based violence, online abuse, social stigmatisation and threats to their families.”

During the awards, NGO Gender Coordination Network chairperson Maggie Kathewera Banda was awarded the HRD of the year award while Centre of Democracy and Economic Development Initiatives executive director Sylvester Namiwa was her runner-up.

On June 26 2025, Namiwa was hacked by panga-welding men at Lilongwe Community Centre ground in full view of police and Malawi Defence Force officers during peaceful demonstrations he organised under Citizens for Credible Elections.

The Democratic Progressive Party on November 22 2025 warned Human Rights Defenders Coalition against organising anti-government protests, saying it will not hesitate to “fight back” any demonstrations while in October Mutharika drew sharp criticism for threatening unspecified action against civil society leaders allegedly planning anti-government demonstrations.

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