By Edwin Mauluka
Restrictive laws and threats by state institutions continue to threaten the work of human rights defenders and shrink civic freedoms in Malawi.
Local rights defenders made the observation on Tuesday in Mzuzu City during the commemoration of the International Human Rights Defenders Day celebrated under the theme ‘Uplifting the Spirit of Activism.’
The activists cited the current NGO Act and the partial enforcement of the Police Act as key obstacles that impede on the enjoyment of freedoms of association, assembly, and expression guaranteed in the Constitution.
During the panel discussion after a solidarity march, some panellists bemoaned that security and law enforcement agencies such as police fail to rescue rights defenders when they are in serious need of protection.
“There is lack of safety and protection,” observed Sheena Majawa, a young female human rights defender and Programmes Officer for the Centre for Civil Society Strengthening. “Sometimes, there is week enforcement by security agencies on matters that require the protection of rights defenders. Police watch some rights defenders being harassed or attacked. The law must protect everyone and someone has to enforce that.”

Taking his turn, Sylvester Namiwa, the executive director of the Centre for Democracy and Economic Development Initiatives (CDEDI) noted that state agencies fail to exercise their mandate because ruling political parties fail to live to their campaign promises of upholding people’s constitutional rights.
“Malawi is a democratic state, but in practice, you wake up one morning and find you are in autocratic regime,” noted Namiwa, explaining: “We give too much power to people we elect until the next electoral cycle. This makes it dangerous to call yourself a human rights defender.”
He, therefore, called upon fellow rights defenders to stop working in isolation and begin to work in solidarity, protect one another and speak with one voice.
Namiwa also decried the tendency of some defenders who connive with ruling political cadres to attack and silence fellow rights defenders. He said this is the vice that needs to be rooted out within the membership of the rights defenders themselves
“Some of the rights defenders are on the payroll of these political ruling elites. Instead, of siding with people and defending their rights, such individuals side with politicians.” added Namiwa
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Prominent investigative journalist Gregory Gondwe said there is institutional hostility where government agencies exercise too much power when there is an attempt to hold public officers or the institutions to account.
“Also we have rising threats in digital space especially us in the publishing media. We have suffered attacks from state both physical and digital – if they don’t come after you physically they come after you in digital form. For example, using state apparatuses for their own person defences, you will find the office of Attorney General order the police to effect an arrest and confiscate your tools. Also, much as some government institutions are operating in the background they secretly provide tools for eavesdropping you.” shared Gondwe
Jenifer Mkandawire, national coordinator for Girls Not Brides also noted that some cultural practices and inadequate funding also affect the work of rights defenders in the country.
The panellists have called for rapid response to legal mechanism, institutional early warning systems and psychosocial support, cultivate friendships with law enforcers, collegial relations with media to expose threats, regional and continental solidarities, repealing repressive and archaic laws as well as, amend NGO act to safeguard under resourced grassroots NGOs.
Delivering solidarity statement, executive director for Centre for Human Rights and Rehabilitation (CHRR), Michael Kaiyatsa, said rights defenders call upon the government to move beyond rhetoric and deliver measurable reforms that expand civic freedoms, protect defenders, and strengthen public institutions.
“The future of our democracy depends on political will expressed through action. We call on Parliament to prioritize legislative reforms that advance human rights protection, modernize outdated frameworks, and remove laws that undermine civic activism. We specifically urge Parliament to enact specific law on protection of human rights defenders.” he said
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Charles Kajoloweka executive director for Youth and Society (YAS) said human rights defenders face significant threats from largely the state and corporations when they disrupt the interest of powerful including the governments and the corporates.
“Those powers fight back and they begin to undermine the ability of civil society to organise and sustain the demand for accountability. This is why it is important that we place emphasis on the protection of human rights defenders so that as they do their work they are protected.” emphasised
The International Day for Human Rights Defenders was set aside by United Nations (UN) to celebrate the work of rights defenders and remind member states to protect the rights defenders.
In Mzuzu, the day began with a solidarity march from Mzuzu High Court, passing through the Orton Chirwa avenue (highway) and M1 road to Grand Palace Hotel in Mchengautuwa.
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