CIVICUS, the Centre for Human Rights and Rehabilitation (CHRR) and the Centre for the Development of People (CEDEP) call on UN member states to urge the Government of Malawi to double its efforts to protect civic freedoms as its human rights record is examined by the UN Human Rights Council on 3 November 2020 as part of the 36th session of the Universal Periodic Review (UPR).
At the county’s second UPR five years ago, UN member states made 53 recommendations that directly related to civic space. Malawi subsequently committed to taking concrete measures to protect freedom of assembly by ensuring that relevant constitutional provisions relating to freedom of assembly are allowed to thrive without undue interference. It also agreed to fully investigate all cases of harassment and intimidation of journalists and human rights defenders with a view to bringing the perpetrators to justice and to ensure the protection of human rights defenders.
In a joint submission to this UPR cycle, our organisations assessed the implementation of these recommendations and compliance with international human rights law and standards over the last five years. Since Malawi’s second UPR, the authorities routinely restricted freedoms of assembly, association and expression by violently dispersing peaceful protests, arresting human rights defenders and targeting independent media outlets. These restrictions on fundamental freedoms increased substantively after the controversial elections of May 2019. In the aftermath of the elections, human rights defenders were subjected to smear campaigns, judicial persecution and detention by the authorities.
“Human rights defenders are, particularly under threat. Member states should take this opportunity to make recommendations to support them, including by calling on the Government of Malawi to enact a long-overdue specific law for the protection of Human Rights Defenders,” said Gift Trapence, Executive Director, Centre for the Development of People.
The June 2020 elections and the coming to power of a new government presents an opportunity for Malawi to reset its human rights record and place the respect for the rule of law and fundamental freedoms at the centre of government actions and policies. In our joint UPR submission, we expressed concerns over the use of the NGO Act (2000), the Penal Code and the use of other legislation which limit the operations of CSOs. The increase in registration fees for CSOs provided for in the Non-Governmental Organizations (Fees) Regulation and the requirement for CSOs to submit a Memorandum of Understanding (MoU) with relevant government ministries and departments increase the administrative burdens on CSOs and restrict their abilities to respond to the needs of communities in an agile manner.
Restrictive provisions in the Penal Code and the Cyber Security Law adopted in 2016 were used to limit freedom of expression and target journalists, bloggers and media houses. The Penal Code provided for prison sentences to those found guilty of “insulting” the Head of State while the Cyber Crimes law allows for the imprisonment of those who simply post “offensive” content. In addition, there were several instances where journalists were subjected to judicial persecution while others were attacked by state and non-state actors.
The Malawian authorities must do more to protect journalists from state and non-state actors and create an enabling environment for journalists and independent media outlets to report on issues affecting citizens without fear of intimidation or harassment. In August 2020 for example, two journalists from the independent Mibawa Television Station were subjected to threats, harassment and smear campaigns following utterances they made on-air about the Covid-19 pandemic. Other journalists were threatened under similar circumstances for comments made about the pandemic.
The Operationalization of the Access to Information (ATI) law is a move in the right direction and will ensure that journalists and citizens will have access to information from state actors. The operationalization of the ATI should be followed by an annulment of restrictive provisions in the Penal Code and the Cyber Crimes Law to enhance freedom of expression and media freedoms.
“We are concerned that all of the recommendations Malawi accepted during the previous UPR review relating to journalists and human rights defenders have not been implemented. This highlights the need to reiterate to Malawi that its continued disregard of the rights of journalists and human rights defenders remains unacceptable. It also highlights the need keep a close eye on the human rights situation in Malawi after the outcome of the review has been adopted to ensure compliance with the recommendations,” said Michael Kaiyatsa, Acting Executive Director of the Centre for Human Rights and Rehabilitation.
The examination of Malawi will take place during the 36th Session of the UPR. The UPR is a process, in operation since 2008, which examines the human rights records of all 193 UN Member States every four and a half years. The review is an interactive dialogue between the State delegation and members of the Council and addresses a broad range of human rights topics. Following the review, a report and recommendations are prepared, which is discussed and adopted at the following session of the Human Rights Council.
Civic space in Malawi is rated as ‘obstructed’ by the CIVICUS Monitor.