|
The Malawi Human Rights Commission (MHRC) on Monday applied to the High Court in Lilongwe to allow the body to join the Madonna adoption case, arguing that there is a human rights dimension to the case which it needs to advance.
MHRC Director of Legal Services Redson Kapindu said in an interview at the court yesterday his organisation wants the court to take into account human rights issues that go with inter-country adoption.
“We have actually joined our friends in the case because we have seen that the case concerns child rights. Where a child is getting new parents, his or her rights should not be ignored,” said Kapindu.
Kapindu, who said MHRC is not taking sides in the case, refused to discuss his organisation’s arguments in the case, saying: “Let me not pre-empt the arguments until the court allows us to join the case. After the Monday ruling we should be presenting our arguments.”
Lawyer who was representing civil organisation organisations challenging the procedures used in the adoption process of baby David Banda, Titus Mvalo, yesterday withdrew from the case.
Mvalo said he made the decision because he did not want to be seen as blocking the adoption of David Banda.
Justice Link Executive Director Justin Dzonzi has taken over the case.
Dzonzi, who was at the court yesterday, said civil society organisations are not against Madonna’s adoption of David but that there is need for the court to follow the right legal procedure.
“As per the law, adoption is limited to the territorial jurisdiction of the court, which means that an adoption order made in one country does not assume automatic application in another country without some legal process of assimilation or co-option.
“We are, therefore, not challenging the adoption, we are only assisting the inter-country adoption process,” said Dzonzi.
He said inter-country adoptions pose a number of challenges which every judicial system should tackle in order to address the rights of the adoptee.
Attorney General Jane Ansah failed to show up at the court yesterday but no reasons were given for her absence.
The court was flooded with both foreign and local journalists.
|
