Urgent call for authorities to respect the right to peaceful assembly

Press release

Urgent call for authorities to respect the right to peaceful assembly

The Centre for Human Rights and Rehabilitation (CHRR) has noted with grave concern a letter from the office of the Lilongwe District Council, cancelling intended demonstrations which are scheduled to take place tomorrow, 2^nd March 2022, implicitly granting the Malawi Police Service the authority to stop the concerned citizens from exercising their right to assemble.

CHRR wishes to remind authorities that in Malawi, the right to freedom of assembly is guaranteed in the Constitution, which states that “Every person shall have the right to assemble and demonstrate with others peacefully and unarmed.” This right can only be limited by law, and then only to the extent that the limitation is “reasonable, recognized by international human rights standards and necessary in an open and democratic society”, as per Section 44(1) of the Constitution of Malawi.

CHRR further wishes to remind authorities that the Police Act, which regulates assemblies in Malawi, does not require organisers of demonstrations to obtain permission to conduct demonstrations. The Act requires only notice of the intended demonstration and not application for permission to hold the demonstration or assembly. The aim is for the police and the organisers to plan and ensure a peaceful public assembly where the police play a protective role.  However, in practice district councils have often interpreted the notification requirement as authority to seek permission to hold such events, which is contrary to what the law says. According to the letter from the Lilongwe District Council, the demonstrations cannot proceed because the issue that the demonstrators wish to demonstrate on is still at the high court. For us, this reason does not hold. There have been numerous instances in the past where demonstrations have been held on matters that are in court. Therefore, the move by the council to stop the planned demonstrations based on the reason given is discriminatory, and therefore, not justifiable in an open and democratic society.

The move by the council is also not consistent with international human rights standards. General Comment No. 37 adopted by the UN Human Rights Committee in July 2020 elaborates on the right to peaceful assembly guaranteed under article 21 of the International Covenant on Civil and Political Rights (ICCPR). Paragraph 9 of the Comment reminds States that they have a corresponding obligation to ensure that individuals enjoy the right to peaceful assembly without hindrance. The comment also highlights the fact that the recognition of the right of peaceful assembly imposes a corresponding obligation on State parties to respect and ensure its exercise without discrimination. This requires States to allow such assemblies to take place without unwarranted interference and to facilitate the exercise of the right and to protect the participants.

We at CHRR, therefore, urge authorities to respect the right to peaceful assembly and to desist from interfering with this constitutional right. The right to assemble and demonstrate peacefully is an essential condition for the exercise of other rights such as the right to freedom of association and the right to freedom of expression. It allows people to bring attention to issues, demand change, and get answers from public officials. Without freedom of assembly, there are fewer channels between elections for people to use to participate in governance processes. It is, therefore, unfortunate that the right to freedom of assembly continues to come under attack in Malawi. In the past, such attempts to frustrate people’s right to assembly have ended badly, resulting in extensive damage to property and innocent loss of life. We urge authorities to avoid a repeat of such incidences by respecting and protecting people’s right to assemble peacefully.

We further urge authorities to comply with the recommendations of the Presidential Commission of Inquiry into the Demonstrations, Deaths, Injuries, Riots, Looting, Arson, Public Disorder and Loss of Property that took place on 20th and 21st July 2011. One of the recommendations was for District Commissioners and Chief Executive of City Councils to “appreciate that holding a peaceful demonstration is a constitutional right that must be upheld. They must also be aware that they are duty bound by law to promptly respond to notices provided by conveners of demonstrations.” The inquiry also urged the Malawi Police Service to “strive to be an independent institution” and to “appreciate the fact that it was established to serve and not to intimidate the public.”

Issued today, 1^st March 2022 by:

Michael Kaiyatsa

Executive Director

Phone: +265998895699