SPEECH BY

HER EXCELLENCY DR. JOYCE BANDA

THE STATE PRESEDENT OF MALAWI

ON

THE SWEARING IN OF COMMISSIONER J. DZONZI, OF THE

MALAWI HUMAN RIGHTS COMMISSION

AT

KAMUZU PLACE, LILONGWE

MONDAY, 7TH APRIL, 2014

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The Chief Secretary to the Government Mrs. Hawa Ndilowe;

The Attorney General, Mr. Anthony Kamanga, SC;

Dr. Janet. Banda, The Solicitor General and Secretary for Justice;

Ambassador Sophie Kalinde, Chairperson, Malawi Human Rights Commission;

and All Commissioners here present;

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Mrs Grace Malera, Executive Secretary, Malawi Human Rights Commission;

Distinguished Ladies and Gentlemen

I welcome you all to Kamuzu Palace.

It is a great honour for me to preside

over this ceremony of the swearing-in

of Commissioner Justin Dzonzi, who I

appointed to fill a vacancy in the

Malawi Human Rights Commission, in

accordance with the provisions in the 3 | P a g e

Constitution of the Republic of Malawi

and the Malawi Human Rights

Commission Act.

I wish to congratulate Commissioner

Dzonzi for his appointment.

Distinguished Commissioners,

Ladies and Gentlemen

The Malawi Human Rights

Commission has powers and

responsibilities under the Constitution

of the Republic of Malawi and The

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Malawi Human Rights Commission

Act to promote and protect human

rights, and to investigate human rights

violations.

I would, therefore, like to urge

Commissioner Dzonzi as the new

Commissioner, and indeed the rest of

the Commissioners to ensure that the

Commission operates according to the

dictates of the Constitution and the

Malawi Human Rights Commission

Act at all times.5 | P a g e

The Law also demands of the

Commission to “submit to the

President, Parliament or any other

competent authority, on an advisory

basis, either at the request of the

President, Parliament or such other

authority or on its own volition, its

opinions, recommendations, proposals

or reports on any matters concerning

the protection and promotion of human

rights”.

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With this mandate in view, it would

mean that the Commission should not

only speak when there is something to

criticise but also when there is need to

encourage and assure the people that

the country’s human rights record is

moving in the right direction.

For instance, exactly two years ago,

this country was experiencing very

challenging political and economic

governance issues.

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We had bad laws which had been

passed. Civil society political space

was closed. Most NGO leaders were

hiding from threats of death; and some

of their offices were attacked. This is

not the case now.

Civil society organisations are

operating freely; political parties are

running their campaigns freely without

Government harassment and issues of

tribalism and ethnicity are no longer on

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the national debate as was the case

then.

These achievements should not be

taken for granted as they reflect the

political will I have taken and the

deliberate choice that my Government

has made.

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Distinguished Commissioners,

Ladies and Gentlemen

It is the expectation of Government

that the Malawi Human Rights

Commission will focus on broader

issues of human rights and

development in our effort to transform

this country. As we close the past 50

years and enter the next jubilee, it is

the hope of Government that the

Malawi Human Rights Commission will

take a leading role in mobilising the 10 | P a g e

country towards this transformational

agenda that Government is

implementing. Our country cannot

continue to go in cycles all the time.

Our country has been going through a

vicious cycle of human rights abuses.

For example, when I took over the

Presidency, there was great anger

among the people across the country

regarding the state of affairs in our

country.

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As you may recall, most civil society

organisations were worried that the

country was going in the wrong

direction.

I have turned around that direction and

endeavoured to promote an equitable

development agenda and enhanced a

national consciousness where we are

now enjoying unity in diversity.

In the same vein, I wish to assure the

Commission and through you the

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nation that as President of this country

I shall continue deepening the

democratic gains we have achieved

even during this electoral period.

Distinguished Commissioners,

Ladies and Gentlemen

I wish to remind the Malawi Human

Rights Commission of the enormous

duty it has on the issue of Elections, in

light of the May 2014 Tripartite

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Elections. As we are all aware,

elections are a human rights issue.

The Government and Malawians

expect the Commission as an

independent institution to monitor all

the electoral processes and carry out

evidence-based engagement with duty

bearers to ensure that all the human

rights that are inter-linked with

elections are safeguarded.

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For example, my Government

liberalised the issuance of television

and radio licences and opened up the

freedom to access information.

While this is applauded, we notice with

concern some radio stations using

hate speeches, broadcasting total lies

against political parties, candidates,

certain citizens and at times even

against Government. This is an abuse

of the freedoms that our Constitution

guarantees. Some of these radio 15 | P a g e

stations are conducting a

disinformation campaign against the

population which poses a national

security risk.

We have also noted incidences of

political violence and intimidation

where even where a police man and a

civilian have been killed. In the past,

these violations were done by

Government agents or the ruling Party

but today it is the opposite.

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In such incidences, it is the hope of

Government to see the Malawi Human

Rights Commission stand up for public

interest and defend the Constitution.

But this has not been the case now. It

is surprising that even the most civil

society groups and activists have been

quiet on these issues.

It is in the best interest of our country

that the 2014 Tripartite Elections are

conducted through a free, fair,

transparent and credible process. 17 | P a g e

Thus, the role of governance

institutions such as the Malawi Human

Rights Commission cannot be

overemphasised, and it is our duty to

ensure that these institutions function

effectively.

It is for these reasons that I have

always assured you of my

Government’s commitment to uphold

and support the independence of the

Malawi Human Rights Commission.

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Let me reiterate this commitment by

emphasising that my Government will

continue to give the Commission all

the necessary support to deliver on its

mandate. I am aware that the

Commission is facing a number of

challenges including financial, human

resource and materials.

In conclusion, let me once again

congratulate Commissioner Dzonzi on

his appointment, and remind him that

being appointed to serve in the Malawi 19 | P a g e

Human Rights Commission is a call to

national service.

I wish you and the rest of the

Commissioners all the success as you

discharge your mandate. Be assured

that you have my personal and my

Government’s support for this noble

and gracious cause.

I thank you for your attention.

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