Govt ‘ignores’ Malawian convict in Hong Kong

Government has ignored calls to intervene in the case of a Malawian woman, Estina Mukasera, sentenced to 24 years by a court in Hong Kong for drug trafficking.

The 30-year-old was sentenced in January last year following her arrest for being found in possession of 2 190 grammes of cocaine in August 2018.

Hong Kong is a special administrative region of the People’s Republic of China with Executive, Legislative, and Judicial powers devolved from the national government.

After she was found guilty, the Malawi Government provided partial legal and moral support during her trial until the court passed judgement.

After her sentencing, government hinted on the possibility of requesting the Hong Kong authorities to repatriate her so that she serves her sentence back home.

The convicted is currently serving her sentence at Tai Lam Centre for Women, a government maximum security prison for women located in Tuen Mun District, Northwest of Hong Kong.

Using her own means, Mukasera has since appealed her conviction and sentencing and she is expected to appear before the court for hearing soon, according to a communication we have seen from her.

But Human Rights Consultative Committee (HRCC), who have been pursuing the matter since Mukasera’s arrest, expressed concern with government’s approach on the matter.

HRCC chairperson Robert Mkwezalamba said Mukasera was arrested alongside other Africans from Ghana, South Africa and Uganda, among others, but were all extradited to their countries following their governments’ intervention.

“But since this matter happened government has done nothing to help this woman. Obviously, government is neglecting its citizens,” said Mkwezalamba.

HRCC first wrote government on February 26 2021, a month after Mukasera’s sentencing, appealing to it to begin processes towards engaging the Hong Kong administration towards repatriating her.

However, a year later government is yet to take action compelling HRCC to remind the new Minister of Foreign Affairs Nancy Tembo, through a letter dated March 31 2022, on government’s earlier commitment.

“As HRCC, we would like to resurrect our calls for Malawi Government to intervene on this matter and all known cases around the globe towards safeguarding the interests of its citizens.

“We are currently informed that Estina is due to appear before the courts for her appeal case and will require Malawi Government’s support. Had government adhered to the call we made last year, she would have been released,” reads the letter in part.

The letter, titled ‘Follow-up on our call for Malawi Government’s Intervention on Ms. Estina Mukasera’s case no. HCCC 302 of 2019’ has been copied to the Minister of Homeland Security, Inspector General of Police, Director General of the Immigration and Citizenship Services and chairperson of International Relations Committee of Malawi Parliament.

“We want government to join the appeal as other countries have done. Immigration Department confided in us that they have exchange programmes with Mainland China for prisoners who have been convicted to be repatriated to their countries.

“Before her conviction we were told that the agreement could not work until she was charged. So, having been convicted, we want to appeal to government to intervene and bring her home,” he said.

However, without clearly explaining what it has done, Ministry of Foreign Affairs spokesperson John Kabaghe said government was engaging the Hong Kong authorities to find a way to bring Mukasera back home through a framework agreement.

He said: “For now, however, her best option is to appeal the sentencing because the process of prisoner exchanges does not have good prospects in her case.”

Mukasera has since pleaded with HRCC to write her a letter confirming the human rights organisation’s desire to work with her “in ending human trafficking disguised as drug trafficking, for we believe she was duped and was never a staunch member of the trade.”

In 2019, while in prison Mukasera gave birth to a baby boy and according to Kabaghe government has facilitated repatriation of the three-year-old child so that he should not have to grow up in jail but be assisted through the welfare system.

“The child is expected to come to Malawi soon once all travel logistics have been finalized,” explained Kabaghe.