15th Annual Report of the Malawi Human Rights Commission 1 MALAWI HUMAN RIGHTS COMMISSION Acknowledgements MALAWI HUMAN RIGHTS COMMISSION H. B. House, Tel. : (265) 01 750 900 Along Paul Kagame Road, Fax : (265) 01 750 943 The compilation and production of the 2014 Annual Report of the Commission is first and foremost, a Private Bag 378, Lilongwe 3, Email : [email protected] result of the hard work of the staff members’ task force, comprising of: Mr. Wycliffe Masoo, Mr. George Malawi. Chiusiwa, Mr. Stuart Mvula, Mr. Ezra Gondwe, Mr. George Kondowe and Ms. Grace Jere. The contribution and efforts of this task force are greatly appreciated. Special recognition goes to Mrs. Grace Malera, M A N the Executive Secretary of the Commission for her valuable input in the compilation of the Report. L O A I W S S Commissioners Mr. Benedicto Kondowe and Mr. Dalitso Kubalasa, who were specifically assigned I I H M U M M A C O with the task of supervising the compilation of this Report, are also specially acknowledged for their N R IG H TS contribution. The overall supervision of the Chairperson, Ambassador Sophie Asimenye Kalinde, ensured OFFICE OF THE CHAIRPERSON the Report’s timely compilation and production. Ref No: HRC/02/58 31st March, 2015. The Commission would also like to express its gratitude to all the stakeholders and partners that contributed to its work in 2014. First, to the Government of Malawi, through various Ministries and Honourable Richard Msowoya, MP. Departments that played different key roles in support of the work of the Commission. Second, to Speaker of the National Assembly, development partners listed down in the main body of this Report, who provided the much needed technical and financial assistance that propelled the work of the Commission forward. Third, Civil Society Private Bag B362, Organisations, and the Media, who continued to play the key role of being important and strategic Lilongwe 3. allies of the Commission. Fourth, international organisations, including, the Network of African National Human Rights Institutions, (NANHRI), the International Coordinating Committee of National Human Rights Institutions, (ICC), the African Commission on Human and Peoples’ Rights and the Office of the Dear Right Honourable Speaker, Sir, United Nations High Commissioner for Human Rights, (OHCHR), rendered the Commission invaluable support in 2014. The Human Rights Commission (the Commission), has the pleasure and honour to Last but not least, the Commission is greatly indebted to the people of Malawi and all stakeholders present to Parliament its 15th Annual Report in accordance with section 37 of the who continue to utilise the services of the Commission and in the process raise the legitimacy and Human Rights Act, (Cap. 3:08 of the Laws of Malawi). significance of the Commission. The Commission keeps counting on your continued support in 2015, and beyond. The Report covers activities of the Commission, carried out in the year 2014, and it highlights among others, some of the challenges the Commission faced in its quest to achieve its strategic objectives. The Report further makes recommendations on key issues of human rights and governance, which arose in the course of the year as observed by the Commission. ............................................. Ambassador Sophie Asimenye Kalinde CHAIRPERSON 2 15th Annual Report of the Malawi Human Rights Commission 15th Annual Report of the Malawi Human Rights Commission 2 3 MALAWI HUMAN RIGHTS COMMISSION Table of Contents 5.2.2 Monitoring the Implementation of the UN Convention on the Rights of Persons with Disabilities 67 Acronyms 8 5.2.3 Monitoring Education Institutions for Children/Learners with Disabilities 67 The Commission 12 5. 3 State Party Reporting 69 The Management Team 14 5.3.1 Preparation of Initial and Second State Party Report on Convention on Rights of Persons Foreword 15 with Disabilities (CRPD) 69 Executive Summary 19 5.4 Education, Information and Training 70 Chapter One: Background Information 22 5.4.1 Disability rights trainings, capacity building and community awareness for DPO local actors 70 1.0 Introduction 22 5.4.2 Dissemination of Chichewa Version Booklets of the Convention on the Rights of Persons 1.1 Duties and Functions 22 with Disabilities 71 1.2 The Vision, Mission, and Goals of the Commission 24 5.4.3 Commemoration of the World Elder Abuse Awareness Day 71 1.3 Organizational Structure 24 5.4.4 Submission to the UN Human Rights Council on the Situation of Persons with Albinism in Malawi71 5.4.5 Policy Analysis Workshop on Article 25 of UNCRPD with focus on HIV and AIDS 72 Chapter Two: Complaints Handling 26 5.4. 6 Stakeholders’ meetings on Deaf Rights by Malawi National Association of the Deaf 72 2.0 Introduction 26 5.4.7 African Network of Evidence to Action on Disability (AfriNEAD) 2014 Symposium 73 2.1 Case statistics 26 5.4.8 Preparatory meeting with FEDOMA on the UNCRPD Shadow Report for Malawi 74 2.3. Cases registered according to gender 29 5.4.8 Strategic meeting with Association of Persons with Albinism in Malawi (APAM) over attacks 2.4 Cases registered according to Districts 29 and killings against Persons with Albinism 74 2.5 Summary of case handling statistics 30 2.5 Cases carried forward 31 Chapter Six: Economic, Social and Cultural Rights 76 6.0 Introduction 76 Chapter Three: Civil and Political Rights 33 6.1 Complaints Handling 76 3.0 Introduction 33 6.2 Public Inquiry on the Status of Sexual and Reproductive Health Rights 78 3.1 Complaints Handling 33 6.3 Human Rights Monitoring 80 3.2 Facilitation of Resentencing Hearing Proceedings for Death row Inmates 36 6.3.1 Monitoring the impact of cash gate on the enjoyment of Human Rights. 80 3.3 Human Rights Monitoring and Research 37 6.4 Education, Information and Training activities 83 3.4. State Party Reporting 38 3.5 Education, Information and Training Activities 40 Chapter Seven: Gender and Women’s Rights 85 3.5.1Capacity Building for Selected Duty Bearers on Human Rights and Rights Based Approaches 40 7.0 Introduction 85 3.5.2 Pro bono legal representation scheme 41 7.1 Complaints Handling 85 3.5.3 Review of the Police Training Manual on Human Rights 41 7.2 Public inquiry on Gender Based Violence in Nkhotakota 88 7.3 Human Rights Monitoring and Research 90 Chapter Four: Child Rights 43 7.3.1 Study on Gender and Human Rights 90 4.0 Introduction 43 7.3.2 Monitoring of Traditional Leaders Progress on the Chiefs Declaration 91 4.1 Complaints Handling 43 7.4 Education, Information and Training activities 91 4.2 Human Rights Monitoring and Research 45 7.5 Networking with Stakeholders 97 4.2.1 Child Rights Situational Analysis in Malawi 45 7.6 Gender and Women’s Rights Thematic Committee. 98 4.2.2 Dissemination of 2013 Child Care Institutions monitoring and mapping reports 46 7.7 Promoting women participation in the 2014 tripartite elections 99 4.2.3 Monitoring of child care institutions in Malawi 46 4.2.4 Monitoring of children living with foster families in Blantyre 47 Chapter Eight: Corporate Services 100 4.2.5 Child Case Review Board meetings and monitoring of children in prisons 47 8.0 Introduction 100 4.2.6 Follow up of Police Prosecutors and Social Welfare Officers in the 8.1 Commissioners Meetings 100 implementation of the Child Care, Protection and Justice Act, 2010 48 8.2 Commissioners Participation in the Human Rights Council and the International 4.3 State Party Reporting 49 Coordinating Committee of National Human Rights Institutions Meetings 101 4.4 Education, Information and Training Activities 49 8.3 Review of Accreditation to “A” Status by the ICC 101 4.5 Advocacy on Child Friendly Legislation 55 8.4 Human Resources Management 102 4.5.1 Advocacy on the Enactment of the Trafficking in Persons Bill 55 8.4.1 Staff Recruitment 102 4.5.2 Advocacy on the Adoption of Children Bill 56 8.4.2 Staff Resignations 102 4.5.3 Advocacy on the Optional Protocol on the Convention on the Rights of the Child on 8.4.3 Capacity Development 102 8.11 Challenges a Communication Procedure 56 8.5 The 2014 Human Rights Commemoration Day 103 107 4.5 Commemoration of the Universal Children’s Day and 25th Anniversary of the 8.6 Library Services 104 8.11 Convention on the Rights of the Child 57 8.7 Procurement Services 104 Financial Management 4.6 Support of exchange visits of the Malawi Police Service and the Courts 57 8.8 Information Communication Technology (ICT) Services 104 108 8.9 Public Relations 105 Chapter Nine: Conclusion Chapter Five: Disability and Elderly Rights 60 8.9.1 Press Releases 105 109 5.0 Introduction 60 8.9.2 Press Briefing and News Coverage 106 Notes 5.1 Complaints Handling 61 8.9.3 Sports Commentary 106 110 5.2 Human Rights Monitoring and Research 63 8.9.4 Broadcast of the High Level Panel Discussions 107 5.2.1 Monitoring the implementation of the Disability Act of 2012 63 8.10 Joint Annual Work Plan with United Nations Agencies 107 15th Annual Report of the Malawi Human Rights Commission 15th Annual Report of the Malawi Human Rights Commission 4 5 Acronyms MALAWI HUMAN RIGHTS COMMISSION Table of Contents ACB - Anti Corruption Bureau MANET+ - Malawi Network for People Living with HIV and AIDS ACHPR - African Charter on Human and People’s Rights MBC - Malawi Broadcasting Corporation ACRWC - African Charter on the Rights and Welfare of Children MCP - Malawi Congress Party ACPF - African Child Policy Forum MDF - Malawi Defence Force ADMARC - Agricultural Division and Marketing Corporation of Malawi MDGs - Millennium Development Goals ADR - Alternative Dispute Resolution