Main human rights body not internationally accredited

 Twenty-two years after it was established, Malawi Human Rights Commission (MHRC) is yet to affiliate to the African Commission on Human and People’s Rights (ACHPR).

Legal expert Michael Goba Chipeta in an interview yesterday said Malawi is losing out due to not being affiliated to ACHPR, but MHRC spokesperson Kate Kujaliwa said they are in a process of applying for affiliation.

ACHPR—which reports to the African Union, a grouping of 55 nations—is mandated to protect and promote human rights on the continent. Its membership includes national human rights bodies of member States, such as MHRC.

However, a search through ACHPR website this week showed that MHRC, established in 1999, is not among 27 African nations affiliated to the continental commission, which may render the country’s protection of human rights below international standards.

In an interview, Kujaliwa confirmed the commission is not yet affiliated, saying they are yet to submit a formal application.

She said: “At the moment, we aren’t a confirmed affiliate due to the recent 370 Resolution of ACHPR which requires a formal application. MHRC is in the process of making the application.

“But the commission [MHRC] is an A status human rights institution, therefore, enjoys all the rights including participation, making statements and submission of reports to the ACHPR every two years.”

But Chipeta dismisses MHRC’s excuse, saying the 370 Resolution was passed in 2017 and if there was a will, the commission would have formally applied.

He said: “The fact that our commission does not have affiliate status may suggest that its establishment and operations do not conform to the United Nations principles relating to the Status and Functioning of National Institution for the Protection and Promotion of Human Rights, also known as the Paris Principles.”

According to ACHPR, any unaffiliated national human rights commission “cannot assist the African commission in the promotion of human rights at country level; cannot play a significant role in enhancing the protective and promotional activities of the African commission, including raising awareness of the commission’s activities and it is not entitled to attend and participate in the African commission’s public sessions”.

Chipeta said Malawi’s failure to play significant roles in the ACHPR agenda is a worrisome development.

Meanwhile, MHRC chairperson Robert Mkwezalamba has said there is no valid reason for not getting affiliated.

He said: “The human rights laws we use are adopted from international instruments. Therefore, there is a need to have an international body to monitor our situation.

“Secondly, MHRC should know that once it crosses paths with any administration, its support comes from the public. However, when the public is not rendering support, it can always rely on ACHPR when the going gets tough.”

Among other criteria, an institution applying for affiliate status is supposed to be “duly established by law; adequately funded and not subject to financial control” and “be accessible to the general public.