Malawi to hold public inquiry on minority rights

The Malawi Human Rights Commission (MHRC) has confirmed that it will conduct a public inquiry on minority issues in the country.

Last month, government, through Ministry of Justice and Constitutional Affairs, wrote MHRC to carry out a public inquiry on Lesbians, Gays, Bisexuals, Transsexuals and Intersexual (LGBTI) issues to provide necessary information to government to map the way forward on the matter.

However, a press release issued yesterday and signed by MHRC chairperson Justin Dzonzi says upon receipt of the letter from the Ministry of Justice and Constitutional Affairs, the commission convened an extraordinary commissioners’ meeting to consider the legality of this request and to determine the commission’s further conduct of the matter.

He said according to Section 129 of the Republican Constitution as read together with Section 12 of the Human Rights Commission Act (Chapter 3:08 of the Laws of Malawi), the commission has the mandate to promote and protect human rights in Malawi in the broadest sense possible, by among other things, investigating human rights violations either on its own motion or upon being requested to do so by any person or body.

The Constitution further says, in terms of Section 13(1) (d) of the Human Rights Commission Act, the Government of Malawi can ask the commission to consider, deliberate upon and make recommendations regarding any human rights issues in Malawi.

Meanwhile, Centre for the Development of People (Cedep) director Gift Trapence has welcomed the news.

“A public inquiry is not a means to suspend human rights of individuals, but rather it is a means of strengthening the protection of affected communities,” he said.

Trapence also said his organisation expects MHRC to follow a clear process that will not leave out the affected communities.

He said Cedep also expects the process to be in line with international human rights standards. n