By Mercy Matonga:
A United States (US) country report on human rights has raised several concerns, including attacks on the press and mistreatment of refugees.
The report, officially known as the Country Report on Human Rights Practices, is conducted annually, with the current report focusing on 2022 and 2023.
The report highlights abuse in the forms of torture and other cruel, inhuman or degrading treatment or punishment, among others.
The Constitution of the Republic of Malawi prohibits the use of torture or cruel, inhuman and degrading treatment or punishment, but the report claims that government officials employed these practices.
It says police sometimes used excessive force and other unlawful practices, including torture, to coerce confessions from detained suspects.
“A 2021 report by the government-chartered Malawi Human Rights Commission (MHRC), the most recent available, stated that torture was widespread in prisons. In August, the non-governmental organisation (NGO) Centre for Human Rights Education, Advice, and Assistance (CHREAA) provided free legal assistance to 102 inmates who claimed to have been tortured in various detention centres,” the report reads.
On conditions in prisons and detention centres, the report says conditions remained harsh and “potentially life-threatening due to overcrowding and poor sanitation; inadequate food, potable water, heating, ventilation, lighting, and healthcare; and torture”.
“According to the Prison Inspectorate’s 2021 report, the most recent available, inspectors found recurring problems of serious overcrowding, poor sanitation, insufficient food and potable water, a lack of health care, poor ventilation and lighting and prisoner abuse.
“In 2022, the Prison Inspectorate reported a total prison population of 16,704 in a space with a designed holding capacity of 7,000. The MHRC and NGOs reported that such conditions continued during the year,” the report reads.
The report also notes concerns about the government’s order forcing all refugees to return to Dzaleka refugee camp.
“The government did not allow refugees to seek employment or educational opportunities outside the Dzaleka camp. Most refugees were dependent on donor-funded humanitarian assistance. The prohibition on employment forced many refugees to work in the informal economy, placing them at risk of exploitation. Multiple NGOs reported some refugees engaged in commercial sex to obtain income to supplement food rations and other necessities. While local laws and the justice system applied to refugees, inefficiencies and inadequate resources limited access to the system. Law enforcement capacity was extremely limited at the Dzaleka camp, with only 15 police officers who rotated positions frequently,” the report reads.
On media freedom, the report highlights that journalists in the country continue to face arrests and assaults, noting some holes in the constitution.
“According to Freedom House, the law provided for criminal penalties of up to two years’ imprisonment for libel, although it noted most cases were prosecuted as civil matters or settled out of court. According to the NGO End Blasphemy Laws, the law made insulting the religion of another person a misdemeanor, punishable by imprisonment of up to a year. The NGO found no indication this law was enforced,” the report reads.
Responding to the context of the report, government spokesperson, who is also Minister of Information, Moses Kunkuyu, said government will continue working hand-in-hand with responsible bodies.
“Government will continue supporting the operations of bodies through ensuring that they have timely and sufficient, both human and material, resources,” Kunkuyu said.
While acknowledging the strides that have been made in prison conditions, CHREAA Executive Director Victor Mhango said the Prisons Bill could ease some of the challenges in the country’s prisons.
“I think there is a lack of political will when it comes to alleviating the problems that prisoners are facing. We are still using the 1956 Act, which was used by the colonial masters, and I believe the new Prison Act will solve a lot of prisons’ problems,” Mhango said.
In February 2023, President Lazarus Chakwera promised to ensure that the new Prisons Act saw the light of the day.
The Act provides for the introduction of a parole system.
“And, in the new fiscal year, we are reviewing and bringing forward the Prison Service Bill to create the parole system that will usher in a fairer system for releasing prisoners before they complete their sentences,” Chakwera said.
