Human Rights Commission drafting plan to protect human rights

Interference in the judiciary and an increase in the alleged harassment of journalists in Malawi are issues that the Malawi Human Rights Commission (MHRC) aims to address in a plan to promote and protect human rights in the country. The plan being drafted in consultation with civil society and the government, would study rights that include civil, political and economic, and compare "gaps" between what the constitution enshrined and the government's performance. Emiliana Tembo, MHRC spokeswoman, said one of the "gaps" was the government's recent attempt to remove three judges although legislation stipulates that only the Judicial Services Commission could do that. A study by the MHRC specifically into civil and political rights would begin on Thursday in Blantyre with two days of public hearings on events surrounding the protests over the presidential third term amendment bill on 1 November. In the disturbances, police and ruling party supporters clashed with civil rights groups protesting the amendment. This came a week after the High Court in Blantyre reversed a decree by President Bakili Muluzi banning demonstrations for or against the third term. Judge Edward Twea said the president "had no powers to make laws" and that Muluzi's ban and his directive to the security forces encroached on citizens' rights. According to the UK-based Human Rights Watch, the human rights situation had improved significantly under Muluzi although problems, such as police misconduct, remained. Muluzi came to power in democratic elections in 1994 after three decades of autocratic single-party rule under Hastings Kamuzu Banda. "We wanted to get the facts," said Tembo. "From past experience it is usually difficult to find the key actors so instead of carrying out an investigation we decided to hold public hearings." The plan would focus on chapter four of the Malawi constitution which contained the bills of rights. Tembo explained that, for example, although the constitution provided for education for all and gender equality, children still walked long distances to get to school and a high number of girls still dropped out of high school. The plan would reinforce proposed strategies to address these setbacks. Tembo said that human rights in Malawi were getting worse with factors like hunger, poverty and political intolerance affecting democracy. "Unless you have food, good health and children who are growing up healthy you can't be motivated to go and vote," she said. "We will be cataloguing all of the things that we think are mismatched with our constitution and come up with a national plan of action. Once it is finalised, we will issue a statement of intent and take advantage of our watchdog role." The MHRC was enshrined in chapter XI of Malawi's constitution, enacted in 1994, after Muluzi became president.