By Wezzie Gausi:
The hope of having the Prison Bill amended by Parliament seems blurred as the government is not certain on when the bill will tabled in the House, a move that has angered players in the human rights sector.
Malawi has been using a Prison Act of 1956 despite receiving its independence from Britain in 1964.
According to Ministry of Justice spokesperson Frank Namangale, the ministry is not ready to present this particular bill.
However, he said, they were committed to addressing the issue in the future.
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“Currently, we are prioritising several other critical bills in this meeting of Parliament that require immediate attention to address pressing social and economic needs and ensure the well-being of our citizens,” Namangale said.
Meanwhile, Malawi Human Rights Commission Executive Secretary Habiba Osman has said levels of congestion in prisons have already been declared to be a violation of the right to freedom from torture, inhumane, degrading treatment and punishment by the High Court sitting in the Gable Masangano case.
She said the bill addresses issues that include that of congestion.
“It is, therefore, disappointing to see that this bill is not being tabled in Parliament in total disregard of the rights that are being violated with the status quo of our prisons. We, as a commission, are ready to take the next step as this is not right. The government’s delays leave a lot to be desired,” Osman said.
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On his part, Centre for Human Rights Education Advice and Assistance Executive Director Victor Mhango has said they were saddened by delays to pass relevant bills.
He said it was unfortunate that the Prison Bill, which President Lazarus Chakwera pledged to take action on, was yet to be tabled.
“It is disheartening, especially considering the fact that many people in prisons continue to suffer in the hands of an Act of Parliament that was enacted in 1956. It raises questions as to whether our government is, indeed, interested in the promotion and protection of the rights of all our citizens,” Mhango said.
Meanwhile, Centre for Human Rights and Rehabilitation Executive Director Michael Kaiyatsa has said failure by the Ministry of Justice to table the bill was unfortunate.
“It shows lack of seriousness by the ministry to prioritise reforms within the justice system.
“This bill is important because it is proposing a number of significant reforms, including a transition from a retributive to a rehabilitative approach, which is a positive step toward aligning the prison system with contemporary human rights standards. The bill’s focus on humane treatment, rehabilitation and reintegration reflects a shift towards recognising the potential for reform in inmates rather than solely punishing them,” Kaiyatsa said.
In 2013, the special Law Commission conducted a holistic review of the situation relating to prisoners and constructed a draft bill that aims to bring Malawi in line with tenets of the Constitution and with its international human rights obligations.
