CRES/002/4/12: Resolution on Malawi
We the participants at the NGO Forum preceding in the 51st Ordinary Session of the African Commission on Human and Peoples’ Rights and the 25th African human Rights Book fair held from 14th-16 April, 2012 in Banjul, The Gambia
Recognizing, the orderly transfer of power to the new leadership in Malawi, after the sudden death of President Mutharika
Commend, the commitment shown by all political and state security actors in Malawi for respecting the constitution and its dictates on the issue of succession of national leadership, process and procedure and maintaining peace and stability in the midst of the brief power vacuum, which emerged between 5-10 April 2012
Asserting the African Charter for Human and Peoples’ Rights (adopted 27 June 1981and reflecting on the prescribed articles: article 3- equality before the law and protection by the law; article 4- respect for human life; article 6- right to liberty; article 7- right to be heard and presumption of innocence until proven guilty; article 9: right to receive information and express and disseminate such information with thin the law; article 10- freedom of association; article 11- freedom of assembly; article 12- freedom of movement;
We call the African Commission on Human and Peoples’ Rights to urge the government of Malawi to do the following:
- Investigate, the murder of 20 innocent civilians who were gunned down in July 2011, by the police for simply exercising their rights of freedom of expression and right to be heard
- To probe, the circumstances that led to the murder of Robert Chasowa a university student
- To immediately publicise the autopsy report of the 20 innocent lives that were lost on 20 July 2011
- Set up a Coroner’s Inquest to establish the facts leading up to the unnecessary loss of life on 20 July, as well as on 24 September 2011 and take the necessary measures to end impunity and hold the perpetrators of human rights violations accountable
- Make strong recommendations for justice, peace and reconciliation so that impunity does not go unpunished
- To repeal the injunction bill, which impinges on the right to legal remedy as enshrined in the Constitution of Malawi and other regional, continental and international treaties.
- Repeal all other laws that infringe on the freedom of expression in Malawi
- Commit to transform the Malawi national broadcaster from a state controlled entity into a truly public broadcaster, independent of political interference and serving the interest of the public
Done in Banjul – 16 April, 2012
