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No rights report on Malawi
by Gedion Munthali, 16 August 2004 - 09:02:28
Forty years after independence, including 10 years of democracy, Malawi has never reported to the African Commission on Human and People’s Rights the state of human rights in the country, prompting the commission's top official to implore the new administration to “redeem the country from this shame and international ill repute”.
“One would understand why in the 30 years of dictatorship a report was not submitted, but not in the current democratic rule,” said Commissioner Vera Chirwa, who is also special rapporteur for prisons, at the weekend in Salima. “Muluzi started very well, but despite several reminders, nothing happened. It is a shame.”
Chirwa also lamented that Malawi has not yet ratified a protocol on the establishment of Africa’s human rights court.
“This is very disturbing. Why claim that our human rights record is good when we are reluctant to ratify protocols that would lay testament to out claims?” questioned Chirwa when she closed a seminar on human rights monitoring. “Maybe we are afraid we would be tried there for human rights violations, what else can be the reason?”
She revealed the pain and embarrassment of sitting on the commission when her country was indifferent to international treaties it signed voluntarily.
“Signing or ratifying an agreement without implementing it fosters no strides in bringing about significant change. Our aim, therefore, is to see government taking decisive steps in improving or changing laws and practices that are not consistent with international standards,” said Chirwa, calling for pressure on government to comply with treaty obligations.
Chirwa, herself a victim of human rights infringements, also appealed to the new administration to ratify and implement a new protocol on women’s rights in Africa.
“So far government has done very little in meeting the at least 30 percent benchmark stipulated in the Sadc gender policy of 1996 which among other things sets standards on women participation in public activity,” she said.
The former political detainee said although non-compliance does not attract penalties, defiant governments lose international reputation which is critical in determining a country’s relation with the international community.
Justice minister Henry Phoya could not comment on the issue as he was in Tanzania when reached on his mobile.
“I am unable to comment on the issue because I am away. I am currently in Dar es Salaam, I will be there tomorrow when you can call me,” he said.
Government spokesman Ken Lipenga who is also minister of Information, Communication and Tourism, could not be reached.
Ollen Mwalubunju, executive director of Centre of Human Rights and Rehabilitation which organised the week long seminar, said by not submitting the reports, Malawi was losing out on international sympathies that would result in assistance in areas where Malawi was inadequate.
 
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