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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
1 | P a g e
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;
2 | P a g e
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
4 | P a g e
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”.
6 | P a g e
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.
7 | P a g e
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
8 | P a g e
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.
9 | P a g e
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.
11 | P a g e
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
12 | P a g e
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
13 | P a g e
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.
14 | P a g e
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.
16 | P a g e
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.
18 | P a g e
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.
20 | P a g e