Articles – CHREAA

CSOs against refugees’rights violations

CHREAA — Sun, 23 Jun 2024 01:05:00 +0000

The Nation on Sunday

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

Parliament ‘sits on’ rogue, vagabond court order

CHREAA — Thu, 23 May 2024 05:34:00 +0000

The Daily Times
23 May 2023
By Thomas Kachere

Some lawmakers have lamented Parliament’s delays to facilitate the review of Section 184 of the Penal Code, which provides for the offence of rogue and vagabond. The development has since riled human rights defenders.

In 2018, three people from Kasungu challenged police sweeping exercises after they were arrested for the offences of rogue and vagabond.

High Court Judge Zione Ntaba then overturned the earlier conviction of the applicants and ordered that their fines be returned and that they also be compensated.

In the case, which was supported by Southern Africa Litigation Centre (SALC) and Centre for Human Rights Education, Advice and Assistance (CHREAA), Ntaba ordered Parliament to quickly review the provision under Section 184 of the Penal Code.

She went further to refer to the High Court’s previous decision, in the case involving the State and Mayeso Gwanda, where it made the same order.

Ntaba reiterated that the laws had to be reviewed.

The Court also expressed concern that no action had been taken by the Legislature to make sure that the review of the laws was done.

The Court then ordered that by July 22, 2024, Section 184 of the Penal Code and other laws that violate human rights should be reviewed.

But after 22 months from the time the Court made its orders, some lawmakers have confided in us that nothing has happened on the issue.

“We do not know anything to that effect,” said a member of the Legal Affairs Committee of Parliament.

Another lawmaker, who is not in the Legal Affairs Committee, corroborated the sentiments, saying, so far, they have not been told anything about the issue.

Meanwhile, lawyer for the applicants, namely SALC’s Chikondi Chijozi, has expressed worry over the development.

“If you recall, the Court had given Parliament 24 months to review Section 184 of the Penal Code, which provides for the offence of rogue and vagabond and now we are in the 22nd month and we have not seen any progress. However, according to the court order, Parliament is supposed to report to the Court by June 22, 2024 on the steps it has taken to review the said section. So far, we have not heard or seen any progress; so, it is quite worrying to note that nothing has been done on the issue to comply with the order,” Chijozi said.

Parliament spokesperson Ian Mwenye referred us to the Ministry of Justice, whose spokesperson Frank Namangale asked for ample time before he could comment on the issue.

Celebrating Milestones: CHREAA Honours Executive Director’s 50th Birthday

CHREAA — Sat, 11 May 2024 07:36:18 +0000

Blantyre, Malawi – The Centre for Human Rights Education, Advice and Assistance (CHREAA) recently celebrated the 50th birthday of its Executive Director, Victor Mhango, with a surprise event that highlighted his significant contributions to human rights in Malawi.

The celebration, organized discreetly by CHREAA staff, saw Victor Mhango visibly surprised and touched by the recognition. During the event, Ruth Kaima, CHREAA’s Programs and Litigation Officer, praised Mhango for his mentorship and unwavering dedication to defending the rights of the vulnerable. “Victor has been a great mentor to many of us and has tirelessly fought for the rights of those who are often forgotten,” Kaima said.

In his heartfelt speech, Mhango expressed his gratitude to the CHREAA team for their continuous support and dedication, emphasizing that their collective efforts are the driving force behind the organization’s success. “The unwavering support and dedication of the entire CHREAA team have been instrumental in driving our mission forward,” he remarked.

Under Mhango’s leadership, CHREAA has achieved several significant milestones. These include the declaration of rogue and vagabond laws as unconstitutional, a major legal victory that advanced human rights protections by eliminating laws used to arbitrarily harass and detain marginalized individuals. CHREAA, in collaboration with the Southern Africa Litigation Centre (SALC), also successfully challenged the “sweeping exercise” in court, a practice where police indiscriminately rounded up and detained people without due process. Additionally, the organization challenged the Ministry of Education’s hair policy, which had prevented Rastafarian children from attending school due to their dreadlocks. This advocacy led to a court ruling that reformed the policy, allowing Rastafarian students to attend school without compromising their cultural identity. Mhango has also been a vocal advocate for better health care in prisons, pushing for increased funding and improved services to prevent the spread of diseases like tuberculosis and HIV among inmates. Furthermore, under Mhango’s leadership, CHREAA secured observer status with the African Union Commission, enabling a broader impact on human rights issues across Africa.

Mhango holding the gifts he received on the day.

Victor Mhango’s 50th birthday celebration was not just a personal milestone but also a moment to reflect on the strides CHREAA has made in promoting human rights and justice in Malawi. The event underscored the profound impact of Mhango’s leadership and the collective dedication of the CHREAA team.

Chreaa fights for One Stop Centres funding

CHREAA — Sat, 23 Dec 2023 03:19:14 +0000

The Nation Newspaper

By Lucky Mkandawire, December 23, 2023

The Centre for Human Rights Education, Advice and Assistance (Chreaa) is implementing a project titled Access to Paralegal Aid Services at One Stop Centre (Apasosc) aimed at ending sexual and gender-based violence (S&GBV) cases. Recently, Chreaa engaged various key players from government, the Parliamentary Committee on Social and Welfare Committee, the media and civil society organizations’ leaders on the project. Our News Analyst LUCKY MKANDAWIRE talked to Chreaa’s monitoring and evaluation manager SIPHIWE MALIHERAH for more about the campaign.

Could you tell us more about One Stop Centre facilities and their foundation?

AOne Stop Centres (OSCs) are government facilities usually located at district hospitals. They consist of multi-disciplinary service providers who assist survivors of sexual and gender-based violence (S&GBV) to access all the required services as survivors of S&GBV at one spot. Usually, these multidisciplinary service providers include clinicians, social welfare officers, psychosocial counselors and police. The OSCs concept was designed in 2009 but the first facility was established in February 2012 at Queen Elizabeth Central Hospital in Blantyre followed by many other districts. Basically, they were initiated after observing that survivors of sexual and gender-based violence used to experience so many challenges to access all the required help for a victim and on time. For example, previously survivors, in a back and forth manner, used to pass through police and social welfare departments before getting to hospital. This used to waste a lot of time because, for an example, in a case where a person has been defiled or raped she or he is supposed to be treated with post-exposure prophylaxis (PEP) within 72 hours to ensure such a survivor does not contract HIV infection. So in such instances, so many survivors would appear at a hospital when 72 hours has elapsed but with the coming of OSCs such experiences are history because survivors access all the required services under one roof and within no time. Such an arrangement also encourages survivors to report and seek help because they do not waste time unlike previously when they used to procrastinate to report the cases or seek help because such offices used to be located distantly apart, making accessibility of services exhausting.

Could you explain more about Apasosc and how does it benefit people?

This is a project designed to fight the increasing cases of sexual and gender-based violence offences in Blantyre. Basically it focuses on harmonizing and strengthening S&GBV services for survivors at one stop centre for speedy and quality access to survivors more particularly women and children. In addition, the project focuses on educating the general public on what S&GBV constitutes and where and what time to report the S&GBV cases when victimized. Statistics show Apasosc strategies are becoming a huge evidence and proof of great benefit to Malawians. This is mainly because we are witnessing that through the project’s interventions, many people now fully understand what S&GBV is and also know its forms. It is even impressive to note that such people also ably report S&GBV cases to police.

Why would you like government to start funding OSCs?

We made an analysis of how S&GBV cases are alarmingly increasing on a daily basis and also looked at the available interventions particularly government ones that are being taken to address the same. On the interventions, there is no better government intervention as a response to the fight against S&GBV that is available than OSC. Disappointingly, the OSC facilities, while they are that impactful, are also operating with almost zero funding and it is for that reason that we are asking government to start supporting them financially because we are optimistic with such support S&GBV cases will be fully defeated. We have noted that with funding, OSC’s facilities can be more impactful because when survivors report their cases, perpetrators will be getting arrested by police placed at the same centers. With funding, OSC’s will produce more and new dynamic approaches in fighting S&GBV. A good example of where such dynamics are taking place is Blantyre OSC where the Apasosc project is being implemented.

How significant was your OSCs’ lobbying meeting with key players and what did you achieve?

Based on our experience with Apasosc we wanted the stakeholders to have a clear picture of how OSCs are performing against the S&GBV issues because we knew obviously they are not fully aware how successful OSCs are in fighting against S&GBV cases, challenges they are facing and how impactful they can be if funded. That was done and we are happy that all stakeholders were convinced that government must start financially supporting OSCs because of their impact.

What specific message would you give government, the civil society and the public in general?

They need to appreciate and accept that cases of S&GBV are sadly still on the increase and that we need to fight them more aggressively now than ever before they get out of hand. We also need to understand that funding OSCs is one effective and better way to fully tame the S&GBV scourge because OSC’s facilities have proven to be a unique and impactful resource for S&GBV fight even in the absence of funding.

What is the way forward for your campaign?

We intend to intensify the financial lobbying campaign for OSCs. We will soon convene more lobbying meetings with Parliament particularly the Women Caucus, the Social and Welfare Committee and Treasury. We will also meet the Minister of Finance and make our presentation all to ensure that OSCs start getting funding from government for their effective operations. Time is now, let’s unite now and fund OSCs for effective fight to end of S&GBV in Malawi.

Time to reform our prisons

CHREAA — Tue, 22 Nov 2022 05:45:17 +0000

The Nation, 22 November, 2022

By Victor Mhango

This November, Malawi Parliament will discuss the long-overdue Correctional Services Bill, formerly the Prisons Bill.

The mystery surrounding this important law is astounding, with Minister of Justice Titus Mvalo recently telling inmates at Maula Prison that it would soon be presented in Parliament. This is despite several news reports that the Bill had not even been presented to his ministry.

Inmates sit all night-long in overcrowded Cell Five at Chichiri, struggling to sleep.

However, the good news is that the Bill has finally reached the Ministry of Justice and that it is due for discussion during the forthcoming parliamentary meeting.

Should the Bill be tabled this month, it will be about 20 years since it was drafted.

In 2003, Penal Reform International visited Malawi to assist policymakers and legislators draft the Bill that would change the prison framework from an out-dated, colonial-era model adopted in 1956 to one premised on democracy, human rights and rehabilitation.

This initial Bill was shelved in the late 2000s for not being in line with the country’s socioeconomic realities. In 2013, a special law commission drafted a new Bill, published in 2018. Since then, there has been no movement to turn the Bill into law.

This is despite the government regularly reiterating to various international human rights bodies, prisoners and stakeholders that it is committed to passing the Prisons Bill.

Recently, the proposed law was renamed the Correctional Services Bill to align it with international human rights standards, where prisons are supposed to rehabilitate inmates, not to punish them.

The Bill proposes a number of important changes, including open prisons, a parole system, halfway houses and ensuring that prisons keep the money generated by prisoners’ work for refurbishment of correctional facilities.

Due to the country’s progressive Constitution and evolution of human rights since the colonial Act was enacted in 1956, there is a desperate need for the Bill to pass.

Also, numerous things within Malawi’s prison system need to change. The prisons are deplorable and overcrowded.

Their total capacity is 5 600 inmates and the newest prison in Malawi was built in Mzimba in 2006.

In 2020, the population of inmates fell to about 12 000 inmates following efforts to decongest prisons amid the Covid-19 pandemic, which spreads fast in overcrowded settings.

However, within two years, the total prison population has shot up to about 17 000. This puts the prisons at 300 percent capacity, making Malawi prisons some of the world’s most overcrowded.

Recently, we also read about the food crisis in prisons, where some inmates had not eaten in six days. As it stands, they are only fed once a day and receive no relish. The lucky few heavily rely on their relatives’ benevolence.

The food crisis is not only affecting prisoners, but also the wider communities.

The extent of farming infrastructure varies from prison to prison, but many do not have the sufficient capability.

This is bizarre, considering numerous benefits farming practices would yield for the prisons, including self-sustenance, income for local permaculture organisations and farmers, freeing up income for prisoners’ families, rehabilitative projects for prisoners as well as the development of new skills sets.

It is also important to remember that it is the poorest in society who end up in prisons. Rarely do the rich and powerful get long prison sentences.

People in the country is suffering. Many people are imprisoned for petty theft and are essentially punished for being poor.

If Malawi does not make an effort to change the prison system and shift the focus from punishment to rehabilitation and tackling selective justice, the prison population will keep growing and people, both within and outside of the prisons, will keep suffering.

*Kiely is the country programme manager for Irish Rule of Law and Mhango is the executive director of Centre for Human Rights Education Advice and Assistance.

AU Commission gives Chreaa observer status

CHREAA — Tue, 16 May 2017 04:00:07 +0000

The Nation Newspaper, 16th May, 2017

By Lucky Mkandawire

Commission has granted an observer status to Centre for Human Rights Education, Advice and Assistance (Chreaa), a development that has increased the number of local civil society organisations (CSOs) at the continental body.

Chreaa executive director Victor Mhango confirmed the news yesterday, saying the status will enable his organisation to advance its areas of interest to the commission’s agenda.

He said: “This is good news because we are now bona fide members of the commission. We will now be allowed to fully participate in every activity like making statements at the commission, asking questions in case Malawi or any other country is presenting statements.”

Mhango: We are now bona fide members

CSOs are granted the status upon certifying the Commission’s Resolution 33, which defines the criteria for granting and enjoying the status for human and peoples’ rights organisations in Africa.

Mhango said Chreaa applied for the status in 2016 and their application went through a panel of commissioners before being granted the status.

Among others, CSOs are required to submit their annual reports, activity reports, audited accounts and be registered under their respective countries’ laws to be considered.

Malawi has few other CSOs with the observer status such as Centre for Human Rights and Rehabilitation (CHRR), Centre for the Development of People (Cedep) and Malawi Carer. The Malawi Human Rights Commission also has that status.

Mhango is one of the 600 delegates from member States and organisations from Africa and other continents currently attending the 60th session of the AU Commission on Human and People’s Rights (ACHPR), which started last week in Niger.

For two weeks, the delegates will be discussing all aspects of human and peoples’ rights in various African countries, including Malawi.

The ACHPR is a quasi-judicial body tasked with promoting and protecting human rights and collective peoples’ rights throughout Africa as well as interpreting the African Charter on Human and Peoples’ Rights and considering individual complaints of the charter’s violations.