‘Stand up for rights’
On December 10, Malawi joined the international community in commemorating the International Human Rights Day under the theme Stand Up for Someone’s Rights Today. Our Reporter JOHN CHIRWA engages Human Rights Consultative Committee (HRCC) chairperson Robert Mkwezalamba to reflect on the state of human rights in the country.
Q:
How do you rate the state of human rights in the country?
A:
The environment is conducive when you look at the legislation that the country has. But there are so many challenges and impediments that the country is facing which completely eradicates the full enjoyment of those rights on the part of the society.
Q:
What needs to be done to ensure every citizen enjoys those rights?
A:
Firstly, there has to be a reckoning on the part of the State to accept that things have collapsed and that the situation is not fair. In doing so, they have to allow diverse views or people of divergent views to be able to come together and analyse the state of affairs in the country. Why is it that we don’t have water and electricity? Why is justice failing us? Why are our prisons congested? Why is corruption high? Why no access to health? As a nation, we need to do a reflective session to critically analyse the main cause of all these. Together we can develop solutions and strategies because we have our own proposed ways of doing those things. There are people in our society who can also make a contribution on how we can resolve these issues. But first it takes the goodwill of the State led by government to be able to sit down and offer an opportunity for the opposition, the civil society, the business to give in their views on how best to resolve these challenges that we have.
Q:
How are we doing in terms of protecting rights of vulnerable groups and minorities?
A:
We are not on the right track. There are issues of defilement that continue taking place in the country. People with albinism continue being attacked. Until, today we do not know why they are being killed. Only ‘small fish’ have been caught. The major accomplices and brains behind these atrocities are nowhere to be seen. So, as a nation, we haven’t done progressively well in protecting the most vulnerable in society because, even the girls, their rights continue being violated.
Q:
There have also been concerns with government’s slow pace in concluding murder cases of Anti-Corruption Bureau (ACB) official Issa Njauju and university student Robert Chasowa. What do you make of the delays?
A:
There can only be one answer. And that answer may speak to those that may have been involved in the process. They may be part of the authorities and it becomes difficult for you to be brought to justice when you are in the system. That is the only reason why such cases are dragging. We have seen cases, just in a day or three, sentences are meted and it ends there, but it is because they are small guys in society. The only reason why we see no action on the part of the State on these high profile cases it
tells us that someone somewhere senior enough in authority is part and parcel of these cases. That’s why it is taking time to be resolved.
Q: As human rights activists, what should be done to make sure that there is no selective justice in the country?
A:
We have numerous roles. The first part is to continuously remind government that it has the responsibility and duty to administer justice to everyone without fear, favour or discrimination. Second, is to mobilise citizens to rise against these ills. That is to say, people need to demand that government should not apply selective justice, but there should be equality at all levels. If we do not get feedback from these advocacy issues we will ask Malawians to rise up. If there is no feedback, we can move the same courts or use other means of demanding accountability on the part of the State which are legal.
Q:
But some Malawians are losing trust in governance institutions, including the ACB, in the promotion of human rights and fight against injustice. What is your take?
A:
It is true there is disenchantment on the part of society on these institutions of governance. We are only hoping on the bill which is being introduced in Parliament to unpack the powers of the appointing authority for ACB officials. If that can be fast-tracked, it would be the first step in ensuring independence of ACB. As long as we have the Head of State as the appointing authority for ACB director, he or she becomes compromised in one way or another. So, the institution needs to be detached from government and operate as a neutral body that seeks to fight corruption in the country.
Q:
What role should the citizenry play to shape up a society where rights of every citizen count?
A:
Our appeal is that everyone should stand up for somebody’s human rights. There are some individuals who can’t speak for themselves like the disabled, the most vulnerable in society. Let’s stand up for them. If we cannot stand up for the vulnerable, no one will speak for them. But we have the responsibility to protect and defend their rights, especially those of us who have positions in society. n
