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Malawi |
HUMAN RIGHTS
The author considers two aspects of human rights’ violations in Malawi
Prison conditions
In addition to being places of punishment, prisons are supposed to be places of reform and for the rehabilitation of inmates, but existing conditions in the prisons render such a concept impossible. Following a survey of the country’s prisons, the Malawi Human Rights Commission (MHRC) asked the government to review the current Prisons Act. The MHRC had discovered gross violations of prisoners’ rights. The organisation is concerned that prisoners are going without food for days; some inmates suffer from TB and are supposed to be in quarantine — the sad fact is, they share cells with other prisoners. It claims there are some sections in the present law that encourage violation of prisoners’ rights.
Convicts sentenced for dangerous crimes such as armed robbery and murder, mingle with fellow prisoners «inside» for petty crimes, and juveniles are placed together with adults — against all recommended rules. Also, sanitation is poor, causing cases of diarrhoea in the overcrowded cells.
The MHRC has called for a constant rehabilitation programme; the maintenance of sanitation facilities in all institutions; the provision of separate cells whenever necessary so as to reduce the spread of diarrhoea and TB. The report also calls on non-governmental organisations to donate food items, blankets, uniforms, reading material and sports equipment to the prisons.
In 1996, the government launched the police reform programme (funded by the British government), so that the service should become a truly public-orientated service organisation. But there has been a continued tendency among police officers to mishandle offenders.
Pressure has now been growing for the prison service to put its house in order, especially since the death on 27 November 2001, of Evison Matafale, Malawi’s «king of reggae music». Matafale who died at the age of 32, was in custody at Maula Prison, Lilongwe, for writing an allegedly defamatory document criticising President Bakili Muluzi’s administration for disregarding the concerns of the poor majority. Matafale’s hard-hitting document was to have been distributed in the country’s major urban centres, but the police got to hear of it soon after its release and the Office of the Director of Public Prosecution (DPP) refused to disclose the document’s contents.
The initial postmortem at Lilongwe Central Hospital conducted on Matafale who was earlier treated for TB, stated he died from acute pneumonia. But under pressure, another autopsy was conducted by a different doctor, who said Matafale «might have died from other causes», but he didn’t disclose which.
This prompted further outcries from the Rastafarian movement who claim Matafale died from torture — claims echoed by the country’s music lovers, politicians and civil rights groups. President Muluzi has now appointed a six-man commission of enquiry into Matafale’s death, chaired by a supreme court judge, Leonard Unyolo, comprising members of the clergy, physicians, a lawyer and a leading musician. Some people are not too happy with the composition of this commission, pointing that most of its members are aligned to the government and the ruling party. The Rastas’ demonstration in Blantyre to demand a change in its composition, was disrupted by police on 11 December 2001.
Matafale’s death in suspicious circumstances isn’t the only case. Two years ago, a young millionaire businessman, Kwacha Ghambi, also died in prison after being severely beaten by prison warders. Ghambi, 31, had been convicted for illegally possessing a Malawian passport, after his first one had been confiscated by police; and for illegally importing BMW vehicles from South Africa. The Minister of Home Affairs and Internal Security, Monjeza Maluza, instituted an enquiry which was presented to Parliament, but his report did not convince many Malawians.
Domestic violence
Cases of domestic violence against women are on the increase but when reported to the police, the authorities will have nothing to do with them, saying such cases are an internal family affair. This discourages women from seeking legal redress. The fact is, very few women know their rights, and even think that gender-based violence is a natural and acceptable thing in society.
Women activist groups have now turned to the Church for help. Recently, more than twenty Church groups attended a Workshop in view of the future enactment of a Law Against Domestic Violence. This was after non-governmental organisations, parliamentarians and government departments had been consulted. The Malawi Chapter of the Women in Law in Southern Africa (WILSA), who organised the Workshop, asked the Churches to participate.
The general secretary of the Malawi Council of Churches (MCC), Rev Augustine Musopole, said that in spite of helping many young married couples, the Church has failed to curb domestic violence. «The Churches have been good at marrying people but often have not followed up how families are keeping the vows they made to God. We need not wait until people fight within their families, but we should counsel them on how they can control their emotions,» said Musopole. He blamed the Church for concentrating only on people’s spiritual welfare, and ignoring sensitive issues such as people’s social, political and economic rights.
WILSA‘s Malawi Chapter coordinator, Seodi White, urged church leaders to urge the rapid enactment of the Law Against Domestic Violence, as this will benefit both men and women. The Law is soon to be presented to Parliament, and the government has promised to approve it by December 2002.
Isabel Matenje is Director of Gender, in the Ministry of Gender, Youth and Community Services. She says: «We must make sure the future Law has a simple language and is clearly defined. Our aim is not to break up marriages, rather to strengthen the Malawian family».
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PeaceLink 2002 - Reproduction authorised, with usual acknowledgement