From overcrowding and inadequate resources to lack of rehabilitation, prisons across Africa face many challenges.
In Malawi, prisons are not only overpopulated but also underfunded, leaving inmates in inhumane conditions that violate their basic rights.
Despite a sustained lobby for better budgets and conditions, much work remains to be done.
Kenya’s recent reforms offer a compelling example on how Malawi can transform its prison system into a productive and rehabilitative institution.
Kenya’s initiative to turn prisons into industries is a model worth exploring.
The east African country has 135 prisons which house over 63 000 inmates.
The Kenyan government is shifting the prison system from mere confinement to rehabilitating offenders, training them in various trades and making prisons self-sufficient.
Kenya is enhancing inmates’ skills and making prisons financially sustainable by focusing on agriculture, carpentry, construction and other industries.
Malawi, which has 23 district prisons, can learn from this approach.
Kenya’s prison reforms include introducing vocational and agricultural training to ensure that prisons are not just places of confinement but avenues for rehabilitation and personal development. Already, 8 500 inmates have learned various trades and Kenya is expanding its prison farming programmes to produce food for the correctional facilities and the country.
In Malawi, there are similar initiatives, albeit scanty. With the aid of partners, the Malawi Prison Service runs a skills project focusing on barbering, tailoring, carpentry and bricklaying.
However, these initiatives are financially constrained and they lack infrastructure.
Expanding such programmes to cover more trades and industries would offer inmates the skills to reintegrate into society, reducing recidivism.
Moreover, vocational training can help underfunded prisons become more self-sustaining, as inmates produce goods that boost the economy.
Kenya’s prison industries have already made significant contributions to the economy, producing furniture, baked goods and farm produce.
For example, Kamiti Maximum Prison has Kenya’s largest prison furniture industry and has been involved in multi-billion shilling projects such as renovating Kenya’s National Assembly chambers.
Prisons also produce food through potato farming in Nyandarua and rice milling in Mwea.
Malawi’s prisons have the potential to adopt a similar model.
The idea of converting prisons like Mikuyu and Mwanza into farms, where inmates can grow crops, raise livestock and produce food for the broader market, is promising.
The K100 million allocated for establishing megafarms in the country’s prisons during the 2022/23 Mid-Year Budget review is a step in the right direction. However, this funding must be utilised effectively to expand production and create self-sufficient facilities.
By training inmates in agriculture and other trades, the country could reduce its dependency on external resources and ensure prisons contribute to national food security.
Kenya’s prison reforms include improving inmates’ living conditions and welfare.
These include better housing, medical care and diet as well as environmental and climate change mitigation efforts such as planting trees.
These changes not only benefit the inmates but also reflect a rights-based approach, ensuring that inmates are treated with dignity and respect.
Centre for Human Rights Education Advice and Assistance (Chreaa) and the Southern Africa Litigation Centre (Salc) have long advocated improved prison conditions in Malawi.
The revised prison budget in the 2022/23 mid-year national budget review, which increased the prison food budget, is a positive step.
However, the current living conditions in many prisons remain dire, with overcrowding and low access to healthcare.
Malawi must prioritise improving these conditions to ensure that prisoners’ rights are respected and create a favourable environment for rehabilitation and productivity.
Kenya’s reforms are anchored in legal and policy changes aimed at improving prison governance. This includes reviewing the Prisons Act, the Borstal Institutions Act and the Community Service Orders Act.
In Malawi, passing of the long-awaited Prisons Bill could serve as the foundation for comprehensive reforms.
The proposed law would modernise the legal framework governing prisons for better oversight and management of emerging industries and rehabilitation programmes.
Chreaa urges the Malawi Government and all stakeholders to support reforms that prioritise prisoners’ rights, welfare and rehabilitation. n
*The author is the Chreaa executive director
]]>During the parliamentary sitting, the Chairperson of the Committee Hon. Peter Dimba noted that the review of vagrancy offences would protect fundamental human rights as the laws often lead to arbitrary arrests that affect marginalised individuals. The Committee urged the government through the Ministry of Justice to facilitate the amendment Bill on selected sections as a matter of urgency with due regard to the timelines given by the Court.
The Committee through its second speaker, Hon. Yusuf Nthenda recognised the 2020 advisory opinion by the African Court on Human and Peoples’ Rights which noted that vagrancy laws in many African countries, including Malawi are incompatible with various human rights instruments. It noted that the committee’s recommendations align with the African Court’s findings.
The Committee also noted the importance of capacity-building law enforcement agencies as the effectiveness of legal reforms depends on their ability to implement them properly. During the sitting, the Chairperson of the Legal Affairs Committee also noted that other archaic laws in the Penal Code would need to be reviewed, such as attempted suicide offences.
The Minister of Justice, Honourable Titus Mvalo SC, also supported the review of vagrancy offences in the Penal Code and called for a thorough review to take out the archaic Penal Code offences.
“This is a huge milestone in the campaign for decriminalisation of petty offences in Africa. It is high time that parliament take time to review colonial laws that have been used to oppress the marginalised groups in society.” Stated Chikondi Chijozi, SALC, Criminal Justice Lead.
Victor Mhango, the Executive Director of CHREAA also expressed his excitement about the development in Parliament, “When we see such overwhelming support coming from the Committee as well as Government, it shows that our democracy has progressed and that we are putting human rights in the forefront. We however hope that Parliament and the Ministry of Justice are mindful that the time set by the Court expired on 22 July 2024 and that they will do their best to table the Bill in the next sitting.”
While this is a good development, more needs to be done to reform the law, such as introducing an amendment Bill to the Penal Code and working in collaboration with civil society organisations to repeal laws criminalising marginalised persons and violating their human rights.
Find full speeches here:
]]>31 July, 2024
By Llyod Chitsulo
Human rights organisations, including the Malawi Legal Aid Bureau, have praised a High Court ruling that gave 30 days for the State to deport illegal immigrants.
The ruling, delivered at the Mzuzu Registry, followed a case brought before the court by 25 immigrants who were illegally detained at Mzuzu Prison and, during routine prison visits between July 2 and 4 this year, the Malawi Legal Aid Bureau discovered that over 100 illegal immigrants were kept there.
The immigrants were being kept despite their remand warrants having expired in January this year while others had finished serving their respective sentences; hence, being detained illegally.
In a joint statement yesterday, Centre for Human Rights Education, Advice and Assistant (Chreaa), Southern Africa Litigation Centre (Salc) and Malawi Legal Aid Bureau, described the ruling as a progressive, stressing that people should not be detained indefinitely.
Chreaa executive director Victor Mhango said a huge number of undocumented immigrants continue being detained in the country’s prisons for indefinite periods.
He said: “Sometimes the number of immigrants is equal to the prison’s capacity.
“This puts undue pressure on the prisons which are already overcrowded and do not have enough food to feed prisoners.”
Salc criminal justice cluster lead Chikondi Chijozi said it is commendable that the Malawi Legal Aid Bureau took up the matter having observed that there were many immigrants that are detained illegally in prisons.
“The judgement is progressive as it urges the State to consider alternative options such as issuing temporary permits, release on bonds/recognisance and encouraging self-repatriation,” she said.
Malawi Legal Aid Bureau assistant director Chimwemwe Chithope Mwale also expressed delight at the ruling. He said Legal Aid Bureau was compelled to take up the matter as it was concerned about the situation.
He said: “When we visited Mzuzu Prison and found that over 100 immigrants were being detained, we were concerned with the overcrowding in the prisons and our assessment of the cases showed that they were illegally detained and we decided to challenge that.”
In his ruling on Monday, Mzuzu High Court Judge Justus Kishindo said under the Immigration Act, 30 days ought to be ample time within which undocumented immigrants ought to be deported.
He ordered that the State should provide to the court a progress report on the steps taken to deport the illegal immigrants and further sustained an order that children should not be detained in prison.
Chithope Mwale represented the immigrants in the case with support from Chreaa and Salc.
]]>Key Responsibilities:
- Assess the food provision process in all Malawian prisons.
- Conduct interviews with prisoners, wardens, and health workers.
- Evaluate the nutritional value and preparation of prison food.
- Analyze the impact of food provision on various vulnerable groups.
- Provide recommendations for policy and practice improvements.
Qualifications:
- Postgraduate degree in nutrition or related field.
- Minimum 10 years of experience in program evaluation.
- Strong analytical, report writing, and interpersonal skills.
- Experience with government departments and cultural sensitivity.
- Fluency in Chichewa and at least one other Malawian language.
Application Deadline: Submit your application by 5pm, Friday, August 2nd, to victormhango74@gmail.com.
]]>22 July, 2024
By Thomas Kachere
Patricio, now 45, does not remember the year 2003.
“I was in prison that year, when prison conditions were bad. This is despite that some of the convicts that are sent to prison do not serve prison sentences with hard labour while others are imprisoned with hard labour, depending on the magistrate’s pronouncements in court.
“That time, I was one of the prisoners who were serving sentences without the condition of hard. As such, we were supposed to be treated well, albeit this was not the case. We could, sometimes, be asked to go and slash the grass along the road. What makes me remember the year 2003 is that we were informed that the Prison Act was being reviewed and that, in some cases, inmates would be given a chance to earn an income while in prison,” he said.
However, Patricio came out of prison in 2018 without any progress on the issue.
Now the Ministry of Justice has said that the Prison Bill is in its priorities’ tray.
Ministry spokesperson Frank Namangale said they are aware of the challenges that are being faced by the Malawi Prison Service.
“There is that possibility [of taking it to Parliament]. It is one of the bills on our priority list,” Namangale said.
The Prisons Bill was first drafted in 2003 with support from Penal Reform International.
The exercise was meant to reform the current Act, which was enacted in 1956.
The current Prison Act predates the establishment of democracy in Malawi and the Malawi Constitution.
Due to worries that the bill which had been drafted was not reflecting socio-economic circumstances of that time, review exercises on the bill were suspended indefinitely.
In 2013, a renewed attempt to redraft the bill was supported through the establishment of a Special Commission of the Law Commission.
The activity was funded by UNODC, with a report and subsequent updates being published in 2018.
The bill moves away from the theme of retribution and punishment, which is ingrained in the Prisons Act of 1956, towards a more humane treatment of individuals through rehabilitation and reintegration.
It also includes suggestions of open prisons, halfway houses and prisoner release on temporary licence as well as the release of prisoners on parole.
It also removes corporal punishment.
Commissioner General of the Malawi Prison Service Masauko Wiscot confirmed that the bill has stayed for a long time without being taken to Parliament, a development that continues to put more pressure on their department.
The commissioner general also noted that the law commission report has created new divisions, which will help them to implement the new changes.
Further to that, the government has given them the authority to start recruiting officers to fill positions.
“We want the members of Parliament to support the bill when it goes to Parliament. One of the challenges that we, as a service, are facing is overcrowding in our cells and this bill introduces a new division of community correction, where it has the parole, public works and community service.
“Currently, the only way used to decongest our prisons is through pardoning. We feel if this bill is passed with the areas that have been introduced, it will help to decongest our prisons. So we would want the members of Parliament to support the bill once it is taken to Parliament because the Act we are using was enacted in 1956 and most of its provisions have been outlawed by the Constitution,” he said.
As at June 2024, the prison population was 16,536 against a capacity of around 7,000 individuals.
Meanwhile, Legal Affairs Committee of Parliament Chairperson Peter Dimba has said they, as a committee, are ready to support progressive laws in the country.
“The Prison Bill is one of the bills that is in our hearts. We have had this bill for more than a decade now and we have been talking about prison reforms for a long time. What is remaining is to take an action so that the bill is taken to Parliament and passed. “Otherwise, we are not happy that government has done nothing on this, apart from just talking. We, as a committee, will be engaging stakeholders on the issue. It is sad that we are the only one in the region with archaic laws governing the prison service. Our friends in Zambia have moved ahead on this,” Dimba said.
On her part, Southern Africa Litigation Centre lawyer Chikondi Chijozi has expressed worry that Malawi is still using archaic laws at a time several things have changed.
The guiding principles of the new bill, according to Victor Mhango, Centre for Human Rights Education, Advice and Assistance Executive Director, would incorporate rehabilitation, reintegration, social cohesion and reformation and states that conditions of detention shall be humane and in accordance with international human rights principles.
Mhango said through reintegration, released individuals can then contribute to the financial and economic development of the country and break the cycle of repeat offending due to poverty.
“The new bill will create a parole system which will help to alleviate the major overcrowding and inhumane conditions that detainees face currently and signal a move towards humane treatment and rehabilitation and reintegration of detainees guided by the Constitution and international instruments,” Mhango said.
According to Mhango, there is enough support from those within the Prison Service to enact the bill in order to help decongest prisons and improve conditions for those detained, leading to a better-functioning prisons system.
“Is it because it is talking about the prisoners? The process started in 2000 and we have seen bills coming and passing. But this bill was never taken to our Parliament, which means it is an issue of copy and paste from our colonial masters.
“Several things have changed. We have the 1994 Constitution, which has the Bill of Rights,” he indicated.
In 2018, the Malawi Inspectorate of Prisons found that “failure to provide adequate food and medical care is a serious breach of national and international legal and policy instruments and amounts to a breach of human rights”.
It further found that almost all prisons had failed to comply with statutory regulations where they were serving non-diverse diets of nsima with beans or peas, which is notably lacking in vegetables or meat.
Surely, these are indications of a prison system overtaken by events.
]]>23 June, 2024
By Llyod Chitsulo
Civil Society Coalition on Migration has appealed to government to prioritise refugees’ rights, dignity and humanity.
The sentiments were made in a statement on Thursday, June 20 as the country joined the rest of the world in observing World Refuge Day.
The CSOs chairperson Victor Mhango said it is important to protect refugees in alignment with both international law and Malawi’s Constitution.
Said Mhango: “Over the past year, refugees faced a litany of abuses; losing property and valuables during government-sanctioned relocations. Government agencies are yet to account for lost and confiscated property.”
On March 27 last year, government issued a relocation order for refugees to return to Dzaleka Refugee Camp in Dowa District over security threats and taking advantage of economic activities at the expense of Malawians.
It used security agents to relocate the refugees
In Lilonhgwe’s Area 25 and Mgona, refugees had their containers confiscated.
Mhango expressed worry that the forced opening of the containers and subsequent selling of the confiscated goods has been shrouded in secrecy.
He lamented unsanitary conditions and overcrowding that the refugees were subjected to at the camp and further described as heart-wrenching, the separation of families and the stripping off of the refugees’ livelihoods due to the forced encampment policy.
In addition, he said, CSOs documented alarming cases of human rights abuses during the relocation exercise.
“On May 17 and 18 2023, 505 individuals, including 202 males, 89 females and 117 children, were detained under appalling conditions at Maula Prison.
“These refugees endured overcrowding, unsanitary conditions, physical abuse, denied legal representation and basic necessities,” he said.
He, therefore, said the establishment of a Special Law Commission to review the Refugees Act represents significant strides in rectifying such systemic issues within the refugee sector in Malawi.
Ministry of Homeland Security Principal Secretary Steven Kayuni was not available for comment.
According to the United Nations High Commissioner for Refugees, Malawi hosts over 70 000 refugees and asylum seekers with a majority residing at Dzaleka Refugee Camp.
Initially, the camp was designed to accommodate 12 000 refugees, but it has over 56 000 refugees, as such worsening the living conditions
]]>Each year, on June 20th, the global community comes together to celebrate World Refugee Day, a day dedicated to honoring the resilience and courage of those who have been forced to flee their homes. This International Day of Observance serves as a powerful reminder of our collective responsibility to champion the rights of refugees, support their integration into society, and advocate for sustainable solutions to their plight.
World Refugee Day illuminates the rights, needs, and aspirations of refugees, galvanizing political will and mobilizing resources to ensure that refugees not only survive but thrive. While it is crucial to protect and enhance the lives of refugees every day, this dedicated day focuses global attention on the pressing issues faced by those escaping conflict and persecution. The activities and events held on this day provide valuable opportunities for communities worldwide to demonstrate their solidarity with refugees and to support their journey toward a better future.
As Malawi joins the global community in commemorating World Refugee Day, the undersigned civil society organisations seek to highlight the urgent and critical situation faced by refugees within our borders. On March 27, 2023, the Government of Malawi issued a directive requiring all refugees residing outside designated areas to return to the camp within 14 days. This directive has been enforced with excessive and disproportionate force by the Malawi Police Service, leading to severe human rights violations and the unlawful treatment of refugees.
The public information on this directive was minimal, significantly limiting public discourse and the opportunity to hold the government accountable. During the relocation process, CSOs documented alarming human rights abuses. On May 17 and 18, 2023, 505 individuals, including 202 males, 89 females, and 117 children, were detained under appalling conditions at Maula Prison. These refugees endured overcrowding, unsanitary conditions, physical abuse, and were denied access to legal representation and basic necessities, including menstrual pads. Families were heart-wrenchingly separated, and self-reliant refugees were stripped of their livelihoods due to forced encampment.
Over the past year, refugees in Malawi have faced a litany of abuses, losing property and valuables during government-sanctioned relocations. Despite the time that has elapsed since the exercise, government agencies have yet to account for the lost property, including confiscated goods from Mgona and Area 25 in Lilongwe. The report on forced opening of containers and subsequent selling of confiscated goods has been shrouded in secrecy.
As we join the world in celebrating the resilience of refugees, we must also seek justice for those in Malawi whose rights have been egregiously violated. We are particularly troubled by the
conduct of the Department of Immigration and Citizenship Services for ‘denying’ arriving asylum seekers in Karonga their legal right to protection. As of Thursday, 20 June 2024, there were over 80 asylum seekers sleeping outside the Immigration Offices in Karonga. They have been denied access to Karonga transit shelter by authorities due to their lack of relevant immigration papers. This group has been camped at the immigration offices for over 3 weeks now without access to food or shelter, leading many to rely on charity for survival. This practice is not only illegal but contravenes international law.
Despite these challenges, we acknowledge the positive steps taken by the government of Malawi to address legal and policy gaps that have denied refugees and asylum seekers fundamental rights. The establishment of a Special Law Commission to review the Refugee Act represents a significant stride towards rectifying systemic issues within the refugee sector in Malawi.
We firmly believe in treating all human beings with dignity and humanity. Refugees are entitled to human rights, and seeking refuge is not a crime. It is essential to prioritize the protection and fulfillment of their rights, in alignment with both international law and Malawi’s Constitution.
Signed by:
Victor Mhango
Chairperson
Civil Society Coalition on Migration (CCM)
On behalf of
CHREAA
Youth and Society (YAS)
INUA Advocacy
Catholic Commission for Justice and Peace (CCJP)
Southern Africa Litigation Centre (SALC)
Centre for Human Rights and Rehabilitation (CHRR)
Human Rights Defenders Coalition (HRDC)
Church and Society – Livingstonia Synod
Centre for Democracy and Economic Development Initiative (CDEDI)
National Advocacy Platform (NAP)
Ukhondo Services Foundation (USEF
]]>Christopher Phiri took over the responsibility to care for the victim in September 2023 after taking her from his former wife’s custody who he divorced when the victim was only 7 months old. The sexual acts happened in the same period of September to November 2023.
In its judgment, the court stated that the convict’s conduct was not only against the law but that it was also in total disjunction with his position in society as a leader of a church. The state was being represented by Brenda Khwale, a lawyer from the Centre for Human Rights Education, Advice and Assistance (CHREAA) with support from Inspector Mwase and Inspector Wisiki from Mangochi Police Station.
]]>The court in its decision, acknowledged that the Rastafarian faith is a recognized religion in Malawi and that dreadlocks are a central part of the Rastafarian faith. The court held that indeed the Applicants had a significant number of their rights violated and that the policy to cut hair without sparing Rastafarian children who keep hair for religious reasons was unconstitutional. The court therefore advised the ministry of education to issue a directive to all Government schools by 30th June 2023 that Rastafarian children should not be stopped from registration and enrollment.
]]>BY James Chavula
Two of the three arms of government, the Legislature and the Executive, risk contempt of court sanction for delaying to review colonial penal laws fuelling random arrests of the poor while the well-off go scot-free.
The risk comes after a July 22 2022 High Court of Malawi order issued in Zomba for the Executive and the Legislature to review Section 184 of the Penal Code by July 22 this year.
High Court Judge Zione Ntaba also ordered the two arms to report to the court on June 22 what they have done about the offences deemed petty and discriminatory by activists.
When The Nation asked both the Ministry of Justice and Parliament on the status of implementation of the orders three weeks before reporting to court, the duo could not outline the steps so far taken.
On behalf of the Legislature, Speaker of Parliament Catherine Gotani Hara said: “Our understanding is that the court order was directed at the Ministry of Justice because we don’t generate Bills. Parliament was only mentioned because the House has the duty to debate proposed laws from the Executive and private members.”
However, the court ruling stated: “The Executive through the Ministry of Justice [the Attorney General, Director of Public Prosecutions and Chief Legislative Counsel as well the Ministry of Home Affairs [now Homeland Security] and Inspector General and the Legislature through Speaker working with the relevant committees should within 24 months from the date hereof, effectively review the entire Section 184 of the Penal Code and effectively amend the provisions, especially those declared unconstitutional in a manner that ensures consistency with the Constitution and to take care of any unintended gaps in the law.”
The judge warned the said officers, including Attorney General Thabo Chakaka Nyirenda, that the court judgement “remains a valid order” unless vacated and “non-compliance of the same is contempt”.
On the steps the Executive has undertaken, Ministry of Justice spokesperson Frank Namangale said: “We are mindful of that court judgement. We are taking care of this.”
Since Malawi attained self-rule from Britain in 1964, policymakers and lawmakers have missed critical junctures to modernise laws in line with the wind of change, the Bill of Rights, Malawians’ aspirations and international obligations.
Periodically, some citizens have risen to challenge repressive laws as did nightclub DJ Henry Banda, imbiber Ishmael Mwale and roast meat vendor who were randomly arrested alongside 20 others in Kasungu on March 27 2018.
In the Constitutional Court ruling, Ntaba abolished the sweeping arrests of the Kasungu trio as unconstitutional, a breach of human rights and the State’s departure from its duty to protect all citizens.
Strangely, the court in 2017 had declared the offence, commonly known as vakabu (rogue and vagabond), unconstitutional after vendor Mayeso Gwanda challenged his wee-hour arrest on his way to buy fish.
The vendor who brought changes to the law said he was appalled that the police shoved him into a vehicle driven by someone who went scot-free despite being equally on the prowl the morning he was detained.
Lawyer Chikondi Chijozi represented Gwanda and the Kasungu petitioners with support from the Centre for Human Rights Education, Advice and Assistance and Southern Africa Litigation Centre.
She questioned government arms’ failure to table the law review in Parliament, wondering when they realised the court order was misdirected and what did they do about it.
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