Promoting universal human rights 365
On December 10 every year, the world commemorates Human Rights Day, the date on which the United Nations General Assembly adopted the Universal Declaration of Human Rights. Human rights are the rights of people of every colour, every race and ethnic group; whether or not they have disabilities; citizens or migrants; no matter their sex, their class, their caste, their creed, their age or sexual orientation. The spirit of the declaration was brilliantly captured by Nelson Mandela “to deny people their human rights is to challenge their very humanity.”
By ratifying the various treaties developed over the more than six decades since the declaration was adopted countries become part of a global movement for rights monitored by the strong architecture of the international human rights system. The reports of the UN Human Rights Mechanisms paint a picture of achievements made and challenges ahead to ensure human rights for all.
As we commemorate Human Rights Day, a key challenge will be to build a culture of human rights in Malawi, a culture that defends the rights of the marginalised, discriminated and excluded, the ones left behind. This article focuses on some of the greatest human rights challenges in Malawi particularly in the area of economic, social and cultural rights.
The lagging MDGs in Malawi all have gender connotations. It is therefore no surprise that the UN Human Rights Committee (the Committee) in 2014 called on the State to take action in a number of areas that address the rights of women and children.
Maternal mortality is still high at 574 per 100 000 births. Unsafe abortion reportedly contributes close to 17 percent of the maternal deaths. The Committee called on the State to ensure that reproductive health services are accessible for all women and adolescents, including in rural areas, and to urgently review its legislation on abortion and provide for additional exceptions in cases of pregnancy.
Malawi has one of the highest rates of child marriages in the world, with one out of two girls married before reaching 18 years of age. Child marriage is a serious human rights violation affecting children’s and women’s rights to health, education, equality, non-discrimination and to live free from violence and exploitation. The committee called on the State to expedite the adoption of the Marriage, Divorce and Family Relations Bill which would raise the age of marriage to 18 years of age. It is encouraging to note that the Cabinet passed the bill in November clearing the way for its discussion in Parliament.
Gender inequality, social norms and behaviour, unbalanced power dynamics and discrimination against women are amongst the root causes of violence against women and girls in Malawi. The committee put forward a range of recommendations including prevention of violence and justice for victims of violence. Implementing the ground breaking Gender Equality Act and the Prevention of Domestic Violence Act is an opportunity to change attitudes and stereotypes that perpetuate discriminatory practices against women.
Malawi has made great strides in reducing the numbers of HIV and Aids related deaths and new infections, although children are being left behind with coverage rates for treatment at only 36 percent, as well as key populations, such as men who have sex with men and sex workers. An absolute commitment to protecting human rights, in particular zero discrimination in the Aids response is required.
Corruption is an enormous obstacle to the realisation of all human rights. Upholding the rights to information, freedom of expression and assembly, an independent judiciary, and participation in public affairs, is critical not only for tackling corruption, but for a stable democracy. The committee called on the State to expedite the adoption of the Access to Information Bill. The Government’s commitment to passing and implementing the ATI Bill without delay is a welcome move as it will strengthen transparency and facilitate the fight against corruption.
Finally, the Committee expressed concerns about administration of justice in Malawi and recommended inter alia that the State party should prosecute alleged perpetrators of extrajudicial killings and torture, establish expeditiously the Independent Police Complaints Commission and allocate adequate resources to it.
—The author is United Nations Resident Coordinator in Malawi.
