MHRC is one of the most important governance institutions in Malawi—Attorney General

The Commissioners after being sworn in in 2020

* As MHRC Commissioners’ tenure of office from 2020 expires having successfully investigated 13 high profile cases

* To be appointed as a Commissioner of a constitutional body with such wide ranging powers on wide ranging aspects of life is a great privilege

* In this era, observance of human rights is key to sustenance of the rule of law and attracting trade and investment

By Duncan Mlanjira

Malawi’s Attorney General Thabo Chakaka-Nyirenda has emphasized that the Malawi Human Rights Commission is one of the most important governance institutions in Malawi — with extensive powers transcending public and private institutions.

Chakaka-Nyirenda stressed this at the farewell cocktail the government organised for the outgoing MHRC Commissioners, whose tenure of office from 2020 has expired — having been proactive after they successfully investigated 13 high profile cases.

Present in solidarity were UN Resident Coordinator, Rebecca Adda-Dontoh; Resident representative for UNDP, Shigeki Komatsubara; Malawi Clerk of Parliament, Fiona Kalemba; Malawi Law Commissioner, Rosemary Kumitsonyo-Kanyuka and several more dignitaries.

On behalf of the Minister of Justice, Titus Mvalo, who was attending to another equally important government activity, Chakaka-Nyirenda quoted section 12 of the Human Rights Commission Act (Chapter 3:08 of the Laws of Malawi), that says: ‘The Commission shall be competent in every respect to protect and promote human rights in Malawi in the broadest sense possible and to investigate violations of human rights on its own motion or upon complaints received from any person, class of persons or body’.

“The Constitution, at section 129, emphatically gives the Human Rights Commission powers of investigations ‘of violations of the rights accorded by this Constitution or any other law’,” he said. “Mark the phrase ‘the rights accorded by this Constitution or any other law’ — denoting virtually any constitutionally protected right or right protected by any law.

“To be appointed as a Commissioner of a constitutional body with such wide ranging powers on wide ranging aspects of life is a great privilege, a great source of pride and a great gift from God.

“In this era, observance of human rights is key to sustenance of the rule of law and attracting trade and investment. In my role as Attorney General for the Republic of Malawi, I have been reviewing agreements with some investors.

“I have come to realise that protection of human rights is now key in investment and trade agreements. I have come to learn that global reference to human right protection as is the case with reference to anti-corruption and anti-money laundering safeguards a requirement for the bankability of projects that investors undertake.”

The Attorney General further said as a ‘social licence”, investors into Malawi “are required to comply with human rights as resulting from applicable law, including international treaties for their provisions directly applicable to the investors”.

“The United Nations Sustainable Development Goals also place great emphasis on promotion and protection of human rights. I have come to realise that perhaps the work and relevance of the Commission towards social development and economic development is perhaps underrated.

“You had a huge task to counterbalance between economic development and social development. The aspirations of the Constitution and the MW2063 agenda would be a mere pipedream if human rights are not championed and protected.”

The Malawi Law Commission and the Ombudsman are expected to present to President Lazarus Chakwera with a list of nominees for new MHRC commissioners before he makes the appointments.

According to the law, the Law Commission and the Ombudsman forward a list of nominated members to the President for formal appointment and it is expected that some of the commissioners — who were led by Scader Louis will be retained for the sake of continuity as the law permits so.

Thus the AG said the farewell function was not a sad goodbye but “a joyous celebration of men and women that selflessly gave their time and expertise to serve in a field of human rights protection and promotion that a lot would be too reserved to serve”.

“The three years that you have been with the Commission has its up and downs, yet you persevered to the end of your term of office. We salute you. Also remember what Abraham Lincoln famously said: ‘The fiery trial through which we pass will light us down, in honor or dishonor, to the latest generation.’

“As a representative of the Minister of Justice, I know that the Ministry does not work as an island in as far as human rights protection and promotion for all Malawians is concerned. Human rights is a core element in the work of the Ministry in providing access to justice for all.”

He took cognizance that this 7th cohort of Commissioners have worked and supported the Ministry in its work of submitting state reports to International Human Rights Mechanisms and that the Ministry of Justice “has reciprocated by providing legal representation in case of court litigation against the Human Rights Commission”.

“As a citizen of this wonderful country, it gives me a sense of assurance in the freedoms that are guaranteed to me because of the work of the Malawi Human Rights Commission and the contributions of the Commissioners in making the work of the Commission not only possible but both effective and efficient.

“I would like to reaffirm the Ministry’s continued support and collaboration with the Malawi Human Rights Commission in ensuring that all Malawians are accorded the human rights that they are entitled to and that all Malawians are able to access various remedies and that justice is not selective.”

One of the support the government is set to provide is to ensure that the up-coming re-accreditation in October, 2023 by the Global Alliance of National Human Rights Institutions (GANHRI) is successful and the Commission retain its ‘A’ Status at international level.

“We will also support the Commission to ensure that it submits is bi-annual reports to African Commission on Human Peoples Rights (ACHPR).”

He added that from what he reviewed on this cohort’s works in the past three years regarding investigations of reports of human rights violation, “very remarkable achievements have been attained which has gone a long way towards strengthening the trust of the Commission, and invariably the rule of law”.

“The reports that I have read are masterpieces. You will be retiring with your shoulders-high. Everything that happens in our life, I mean the good things, are God’s plans. You were also God’s watchmen over public officers.

“As watchmen, you were able to warn us against possible violation of Human Rights. You have served your nation and you have served us well, there are no words to express the gratitude that we all have for your service and we shall forever be indebted to you for what you have done to the country.

“As you retiring, remember the words — ‘once a soldier always a soldier’. To this end, I believe that once a human rights defender, always a human rights defender. You are forever etched in the history of this nation and we will forever look to you as our leaders.”

Notable Commissioners from this cohort include Scader Louis, Sunduzwayo Madise, Baldwin Chayamwaka and Habiba Osman, who was the Executive Secretary.

Soon after her appointment, the US Embassy lauded Scader Louis for being the first woman with a disability to chair the MHRC, saying: “She overcame orphanhood and a road accident that injured her spine and left her restricted to a wheelchair, to pursue a successful career in accounting.

“The biggest challenge has however been the fact that you have a disability and that you are a woman. This means you have to prove to the world that you can still do things,” said the statement during the Women’s History Month.