National Protection Mechanisms of Human Rights Defenders in Malawi

Abstract

Despite their critical role in consolidating Malawi’s democracy and human rights culture, the operating environment for HRDs remains hostile and ‘obstructed’. HRDs have constantly been a target of violent attacks by state and political agents. The state has also often times used criminal laws to subject HRDs to judicial harassment including arbitrary arrests, and prosecution on trumped-up charges. Since independence, there has been constant crackdown on fundamental rights including the rights to freedom of association, assembly, and expression as well as right to personal safety and security, privacy and dignity. Despite a constitutional bill of rights, it can be dangerous to be an HRD in Malawi.

In response to growing hostility and the risks faced by HRDs across the globe, the United Nations (UN) General Assembly in 1999 adopted the ‘Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognised Human Rights and Fundamental Freedoms’ (UN Declaration on HRDs). This Declaration guarantees fundamental rights for HRDs including rights to freedom of expression, security, association and assembly. These rights are critical enablers for the effective operations of HRDs. Furthermore, the UN Declaration on HRDs reinforces the duty of the states to protect HRDs. Since its adoption, various national, regional and global instruments and mechanisms have emerged to guarantee protection of HRDs. At the national level, Malawi has different mechanisms and instruments that deal with various aspects of human rights, including the legislation and state organs such as the Malawi Human Rights Commission (MHRC), Office of the Ombudsman, Courts, Malawi Police Service, and Legal Aid Bureau. However, little is known about the extent to which the national human rights protection frameworks guarantee the rights of HRDs in Malawi. There is a dearth of academic literature, documentation and recent data at national level about Malawi’s protection mechanisms for HRDs. Thus, this study seeks to contribute to the scholarly work about the protection of HRDs in Malawi.

The study investigates the situational analysis of HRDs in Malawi drawing the challenges faced by HRDs and their potential impact on their work. Secondly, it examines the regional and global human rights legal framework on protection of HRDs. Furthermore, the study analyses the national mechanisms for protection of HRDs in Malawi, drawing attention to legal, policy and institutional frameworks. Finally, the study presents the conclusion and recommendations.