Amnesty International Report 1994 - Malawi

For the first six months of 1993, while Malawi was still a one-party state, members of pro-democracy groups were subject to death threats, violent attacks and arrest. Several returning exiles were detained without charge. Political prisoners were subjected to ill-treatment and harsh prison conditions. After a referendum in June, when Malawi adopted a multi-party system, major political reforms resulted in releases and in charges against government opponents being dropped. All long-term political prisoners were released, including a prisoner of conscience who had been imprisoned for 11 years. The Preservation of Public Security Act was amended to remove powers of indefinite detention without trial. There were no executions; executions were suspended while the cases of up to 120 prisoners under sentence of death were to be reviewed. In December Malawi acceded to the International Covenant on Civil and Political Rights and to the International Covenant on Economic, Social and Cultural Rights. A referendum in June on whether to retain the one-party state or reintroduce a multi-party system resulted in a two-thirds majority in favour of a choice of political parties. During the referendum campaign international observers noted substantial intimidation of pro-democracy advocates by government supporters in the ruling Malawi Congress Party (MCP), the paramilitary Malawi Young Pioneers (MYP) and the police and security forces. Many opposition supporters were beaten, threatened or arrested and several returning exiles were detained. After the referendum, the government formally ended the one-party state after 29 years by repealing Section 4 of the Constitution to allow for opposition parties. At the same time an amnesty was declared for all exiles and political prisoners. In August the government revoked the ban on Jehovah's Witnesses, in force since 1967 (see Amnesty International Report 1987). In October the government suspended the "Traditional Courts" which had jurisdiction over political offences and all cases involving the death penalty. The trials before these courts had failed to meet international standards for fair trial. The government, in consultation with the six opposition parties, enacted a series of legislative reforms in November affecting human rights. In particular, an interim Bill of Rights was added to the Constitution, and the Preservation of Public Security Act was amended to end indefinite detention without charge or trial. The first multi-party elections were scheduled for May 1994 and the position of Life-President was abolished. During the illness of Dr H. Kamuzu Banda in late 1993 his presidential duties were carried out by a Presidential Council consisting of the new Secretary General of the MCP and two cabinet ministers. In December the MYP was forcibly disarmed by troops led by junior officers. In the first months of 1993 a number of prominent pro-democracy activists were arrested, held for several days or weeks and either charged with political offences such as sedition or detained illegally without charge. They included, in January, Bakili Muluzi and Chakakala Chaziya, leaders of the United Democratic Front (UDF), who were held for two weeks; Alice Longwe, the wife of pro-democracy activist the Reverend Aaron Longwe who had been arrested for several months in 1992 (see Amnesty International Report 1993), who was held overnight; and the Reverend Peter Kaleso, who was held for 11 days after addressing an Alliance For Democracy (aford) rally. Shyley Kondowe, Robert Khembo and John Banda, all members of the Malawi Democratic Party (mdp), an opposition group formed outside Malawi, were arrested on their return from South Africa in February. Shyley Kondowe and John Banda were released on bail at the end of March and Robert Khembo was released in mid-April. He was rearrested almost immediately after criticizing the government in radio interviews and held until after the referendum. Exiles returning from Zambia were also arrested in February and April, including Edmond Jika of the United Front for Multi-Party Democracy and Kaphwiti Banda of the UDF. They were held without being tried until around the time of the referendum. Many of those arrested were held incommunicado in Maula Prison in Lilongwe or Chichiri Prison in Blantyre where prison conditions were harsh. Under the terms of a general amnesty shortly after the referendum in June, people who had returned from self-imposed exile abroad and had been arrested prior to the referendum were released uncharged, sedition and other charges against other government opponents were dropped, and all pro-democracy advocates who had been arrested in the referendum campaign were released. Multi-party campaigners also received threats of violence, some were harassed by police, others were beaten by MYP vigilantes, and a number had their homes or property attacked. Chakufwa Chihana, a trade unionist and leader of the AFORD opposition group, who was convicted of sedition and sentenced to two years' imprisonment with hard labour in December 1992 (see Amnesty International Report 1993), had his conviction upheld after appealing to the Supreme Court in March 1993. However, his sentence was reduced to nine months' imprisonment with hard labour, and he was released on 12 June just before the referendum, but too late to participate in it. On 24 January, long-term prisoner of conscience and lawyer Vera Chirwa was released. She had been abducted from Zambia in 1981 with her husband, Orton Chirwa, and convicted of treason after an unfair trial in a Traditional Court (see Amnesty International Reports 1983 and 1984). Her husband, a former Minister of Justice and also a prisoner of conscience, died in prison in October 1992. By the end of 1993 the authorities still had not complied with calls for an inquest into his death. Other long-term political prisoners were released after the referendum. They included Gwanda Chakuamba Phiri, a former MYP commander, who was released in July after serving 13 years of a 22-year sentence for alleged sedition. In October he was made Secretary-General of the ruling MCP and became a Chairman of the Presidential Council for two months during President Banda's illness. Fred Kazombo Mwale, a nephew of President Banda who had been detained without charge since 1991, was also released in July. Nelson Mtambo, Sydney Sonjo and Ntwana Mlombwa, who had been imprisoned since the mid-1960s for alleged involvement in an unsuccess-ful armed rebellion, were among the last known political prisoners to be released: they were freed in October. Focus Gwede, a former Head of Special Branch (the security police), was sentenced to death in 1977 for treason (see Amnesty International Report 1978). This was later commuted to life imprisonment. He was also freed in October. In September police opened fire on unarmed sugar workers in Chikwawa (southern Malawi) killing at least one person and injuring others. No inquiry was announced and it appeared that the police could still kill people with impunity. Several death sentences were imposed by Traditional Courts but there were no executions. In October the government suspended all current death sentences - almost 120 - which were under appeal. Traditional Courts were suspended and were due to lose their jurisdiction over capital and other major crimes. Over 400 capital criminal cases which were awaiting trial by Traditional Courts were to be returned to the ordinary courts. Amnesty International called for the release of pro-democracy supporters arrested during the referendum campaign and other prisoners of conscience. Amnesty International published two reports: in May, Malawi: Preserving the one-party state - human rights violations and the referendum; and in September, Malawi: Amnesty International's recommendations for permanent protection of basic human rights following the pro-democracy vote. The organization recommended that safeguards be included in the Constitution to guarantee internationally recognized human rights, in particular the rights to freedom of expression and association, the right to a fair trial within a reasonable time and the prohibition of torture. Amnesty International also recommended the abolition of indefinite detention without charge or trial, improvements in adherence to human rights standards by the police force and the ratification of international human rights treaties. Amnesty International representatives, whose request to visit Malawi had been refused in April, visited the country in November for the first time in over 20 years. They met members of the government, opposition parties, lawyers, religious and human rights groups to discuss human rights. Amnesty International wrote to the government in December welcoming the human rights improvements since the June referendum and pressing for further safeguards to protect human rights in the Constitution, laws and practices of the security forces.