International Human Rights Day is commemorated on December 10. It is a day dedicated to celebrating the adoption of the Universal Declaration of Human Rights by the United Nations General Assembly in 1948.
The Universal Declaration of Human Rights was the first global declaration of human rights and was one of the first major achievements of the United Nations (UN). The declaration states that all people are entitled to fundamental rights, including the right to life, liberty and the right to freedom of religion and speech.
Malawi is a committed member of the UN.
As a member of UN, Malawi committed to be creating a conducive environment for the achievement of human rights for all people including prisoners. Therefore, turning a blind eye to violations of human rights that are taking place in our prisons is not walking the talk in as far as commitment to the principles of the Universal Declaration of Human Rights by United Nations General Assembly in 1948 is concerned.
The country’s prison cells and police holding cells were meant to be reformatory centres for those in conflict with the law. It is heart-breaking to learn that they have turned out to be places where human rights are violated.
For instance, inmates are living in overcrowded cells, face the problem of inadequate infrastructures and have limited access to legal aid services. Other problems pertain to inadequate funding, understaffing and lack of food and care for children whose parents are serving sentences.
The truth is that it is only Jesus Christ who suffered and died on the cross for the sins of others. Otherwise, small children who are living with their parents in prisons committed no offence. It is ironical that such children serve prison sentences they do not deserve.
Often times, they sleep on empty stomachs. In fact, they often have no beddings. When will their rights be defended? Time is now.
What is needed is for the authorities to be proactive. We, as a nation, need to look back to the fundamentals of human rights and see if we are leading by example. It does not make sense to deny children whose parents are serving sentences the right to a better life, liberty.
Another pressing issue pertains to how inmates are denied conjugal rights. An inmate is a human being with feelings. Breaking the law does not mean that their sexual feelings are eliminated.
As such, the Penal Code should be revised to allow couples to visit their spouses when in prison or being held in police cells. Imagine inmates that are serving long sentences. Denying them conjugal rights is a serious violation of human rights.
After all, prisons are supposed to be reformatory centres and not places where human rights are violated. Therefore, inmates should not be punished or left to live in unbearable conditions for life but, rather, be trained to live productive lives after serving their sentences.
In Spain, for example, prisoners are allowed to conjugal visits every four to eight weeks. They are held in private rooms and can last up to three hours. Couples are provided with condoms, shower facilities and clean towels. That way, they enjoy conjugal rights with their spouses.
Why can Malawi not emulate Spain? For a start, it can be twice per year, which may go a long way in boosting the health of inmates. Sometimes it is good to be trail-blazers on human rights issues.
In conclusion, the Malawi Human Rights Commission, in its report of 2024, revealed that prisons and police formations are grappling with a lot of challenges, ranging from congestion, food scarcity to physical abuse of prisoners and suspects. Therefore, there is a need to join hands in addressing such challenges. But, first things first; let prisoners be allowed to enjoy conjugal rights.
