Malawi

OVERVIEW

Once considered a country where civil society could express itself freely, Malawi descended into a spiral of authoritarianism which culminated in the targeting of human rights defenders through arrests, prosecution, death threats and the violent dispersal of protests. Tensions between the authorities and civil society reached its climax in 2011. The sudden death of President Mutharika in early April 2012 led to a change of government. The new President, Ms. Joyce Banda, has promised far-reaching reforms and has marked a return to normality in the government's relationship with civil society.

Throughout 2011, human rights defenders and other critics of the government were harassed and intimidated. Human rights defenders were directly targeted for their support of societal demands for reform and good governance and for leading mass protests. Virtually all human rights defenders involved in the pro reform movement received serious threats, including phone calls to family members asking for the location of the offices or homes of their relatives. The authorities made statements inciting violence against human rights defenders and civil society leaders. Late President Mutharika repeatedly called on supporters to fight all those opposing his views or criticising the Government, stating he would “smoke them out”. In reaction to widespread demonstrations, local authorities banned protests in the main cities. In March 2011, the President imposed a prior monetary deposit of 2 million MK on those trying to organise peaceful demonstrations. Mass protests in July 2011 were violently suppressed by the police and resulted in the death of 19 protesters and injuries to hundreds. In October 2011 the Government announced an outright ban. On various occasions, cabinet ministers threatened to de-register NGOs critical of government policies, particularly those involved in the demonstrations. There were several suspicious break-ins at NGO offices, and the office and the home of two prominent human rights defenders were set on fire. Threats and attacks were made either by people identifying themselves as aligned with the ruling Democratic Progressively Party or by unidentified people believed to be the state security agents. A student activist was found dead in circumstances that were never clarified. With the new government in place since April 2012, threats, attacks and intimidation of human rights defenders dropped dramatically.

CASE INDEX

2012/02/15

The Nyasa Times in Malawi reports that Mr Ralph Kasambara was ordered released by the Supreme Court, fulfilling an earlier order for his release on bail by a Magistrate Judge.

2012/02/15

On 13 February 2012, human rights lawyer Mr Ralph Kasambara was arrested by police officials in Blantyre, following an attempted attack by unknown individuals on his legal offices.

2012/01/26

On 24 January 2012, human rights defender and student activist Mr Ben Chiza Mkandawire was arrested in Lilongwe. He was questioned by police before being released on police bail the same day.

The protest on 14 October 2011
2011/11/23

The trial of five Malawian human rights defenders, Ms Habiba Osman and Messrs Billy Mayaya, Brian Nyasulu, Ben Chiza Mkandawire and Comfort Chitseko, is due to take place on 25 November 2011 at the Lilongwe Magistrate Court.

2011/11/3

The Government of Malawi has launched a campaign of intimidation against civil society and human rights defenders in order to prevent street protests demanding reforms. Top government officials including the President have publicly warned that any means will be used...