Table of Contents
Foreword ............................................................................................................................................. viii
EXECUTIVE SUMMARY .................................................................................................................. ix
1.0
Introduction and Background..................................................................................................... 1
1.1
Introduction ............................................................................................................................ 1
1.2
Background ............................................................................................................................ 1
1.3
Objectives .............................................................................................................................. 4
1.4
Scope ...................................................................................................................................... 4
1.4.1
Occurrence of Demonstrations in the Districts across the Country ............................... 5
1.5
Methodology .......................................................................................................................... 6
1.5
Challenges and Limitations.................................................................................................... 7
2.0
The Relevant Applicable Law.................................................................................................... 7
2.1
The Scope of the Freedoms of Assembly and Association under the African Charter on
Human and Peoples Rights and the International Covenant on Civil and Political Rights ............... 7
2.2
Law
Power to Use Firearms and the Excessive Use of Force under International and Domestic
............................................................................................................................................... 8
2.3
Policing unlawful assemblies ............................................................................................... 10
2.4
The Police Act (Chapter 13:01 of the Laws of Malawi) ...................................................... 10
3.0
Findings and Analysis .............................................................................................................. 11
3.1
Situation Profile: Pre and During 20th July Demonstrations Events .................................... 12
3.2
Situation profile: Post 20th July Demonstrations Events ..................................................... 14
3.3
Roles and experiences of Different Players in the Demonstrations ..................................... 19
3.3.1
Civil Society Organizations (CSOs) ............................................................................ 19
3.3.2
Religious Leaders ......................................................................................................... 25
3.3.3
Vendors ........................................................................................................................ 26
3.3.4
Politicians ..................................................................................................................... 27
3.3.5
The Media .................................................................................................................... 29
3.3.6
Malawi Police Service (MPS) ...................................................................................... 31
3.3.7
Other Government Departments .................................................................................. 34
3.4
Root Causes and Triggers of the violence............................................................................ 35
3.4.1
Stakeholders Perceptions ............................................................................................. 35
3.4.2
Triggers according to MHRC ...................................................................................... 37
3.5
Effects of the Violence......................................................................................................... 40
i
3.5.1
Deaths of Civilians ....................................................................................................... 40
3.5.2
The wounded and hospitalized ..................................................................................... 43
3.5.3
Arrests ......................................................................................................................... 46
3.5.4
Loss of Property ........................................................................................................... 47
3.5.5
Threats on the lives of Human Rights Defenders ........................................................ 51
3.5.6
Complaints Received at MHRC ................................................................................... 52
4.0
Application of the Law to the Developments of July 20, 2011................................................ 71
4.1
Right to peaceful assembly .................................................................................................. 71
4.2
Right to life .......................................................................................................................... 72
4.3
Right to property .................................................................................................................. 72
4.4
Right to economic activity ................................................................................................... 72
4.5
Right to protection and security ........................................................................................... 72
4.6
Freedom of the press and the media..................................................................................... 73
5.0
Conclusion ............................................................................................................................... 74
6.0
Recommendations .................................................................................................................... 75
6.1
The State President and Government ................................................................................... 75
6.2
The Malawi Police Service .................................................................................................. 77
6.3
Civil Society Organisations ................................................................................................. 77
6.4
The media............................................................................................................................. 78
6.5
The General Public .............................................................................................................. 78
6.6
The Judiciary........................................................................................................................ 78
List of Interviewees.............................................................................................................................. 79
Bibliography ........................................................................................................................................ 80
ii
We, the members of the Malawi Human Rights Commission (MHRC) submit this Report
pursuant to section 129 of the Constitution of the Republic of Malawi as read with sections
12; 13 (d) and (e); and 14 (a), of the Human Rights Commission Act and commend the
Report and its recommendations to the Government, Parliament and the people of Malawi.
MEMBERS
Mr. John Kapito
Chairperson
Ambassador Mrs. Sophie Kalinde
Commissioner
Mrs. Veronica Sembereka
Commissioner
Mr. Marshall Chilenga
Commissioner
Reverend Dr. Z. Kawalala
Commissioner
Mr. Desmond Kaunda
Commissioner
Mrs. Gertrude Lynn Hiwa
Law Commissioner
Justice Mrs. T. Chizumila (Rtd)
Ombudsman
iii
Acknowledgements
This Report on the demonstrations and the related violence is a publication of the Malawi
Human Rights Commission (MHRC). The Report is based on a fact-finding exercise that
MHRC conducted on the demonstrations and the related violence surrounding the events of
20th to 21st July 2011. The work that was achieved is a credit to all those that were involved
in the various stages of the fact finding exercise. In particular, the following individuals
deserve special mention for the roles they played in the work that led to the compilation of
this report: MHRC secretariat, in particular Mrs. Grace Malera, Mr. Emmanuel
Konzakapansi, Mr. Grant Kankhulungo, Mrs. Noris Mangulama Chirwa, Mr. Wycliff Masoo
and Mr. Chrispine Sibande, for providing the technical and administrative support that
contributed to the successful compilation of the work and subsequent production of this
Report. MHRC is particularly grateful for the testimonies that were received, from a number
of people that witnessed the events surrounding the demonstrations and the related violence.
Commissioner Ambassador Mrs. Sophie Asimenye Kalinde deserves special recognition for
the overall leadership role she provided in the conduct of the fact finding exercise and the
compilation of the Report. The rest of the Commissioners of MHRC led by the Chairperson
Mr. John Kapito are especially recognized for their valuable input into the Report. Several
Organizations are recognised for their contribution to the information that has been captured
in this Report. These Organizations are named in the list of contributing organizations.
The fact finding exercise was made possible
Development Program (UNDP).
iv
with funding from the United Nation
About the Malawi Human Rights Commission
MHRC is an independent institution established under Chapter XI of the Constitution of the
Republic of Malawi (“the Constitution”). It is mandated to promote and protect human rights
in the broadest sense possible and to investigate violations of human rights on its own
volition or upon complaints received from any person, class of persons or body. MHRC is
further regulated by an Act of Parliament, the Human Rights Commission Act, in terms of its
composition, functions, responsibilities, modes of operation and finances among other things.
Sections 13 and 14 of the Human Rights Commission Act mandate MHRC to inter alia:
(a) consider, deliberate upon, and make recommendations regarding any human rights
issues, on its own volition or as may be referred to it by the Government;
(b) study the status and effect of legislation, bills, judicial decisions and administrative
provisions for the protection and promotion of human rights and to prepare reports on
such matters and submit the reports, with such recommendations or observations as
the Commission considers appropriate, to the authorities concerned or to any other
appropriate authorities;
(c) 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;
(d) examine any legislation, judicial decisions or administrative provisions in force as
well as bills and administrative proposals and make recommendations as it considers
appropriate in order to ensure that such legislation, judicial decisions, administrative
provisions, bills and administrative proposals conform to the fundamental principles
of human rights; and
(e) comment publicly or as it sees fit on any general or specific situation of violation of
human rights and make recommendations with initiatives or measures to put an end to
such situations.
It is in line with the above mandate that MHRC conducted the fact finding exercise into the
demonstrations and related violence, whose findings are detailed in this Report. Furthermore,
pursuant to its statutory mandate, MHRC will engage relevant stakeholders on the findings of
the fact-finding exercise and its recommendations.
v
Acronyms
ATM
ACHPR
AU
CCAP
CHRR
CSO
CODE
CONGOMA
DC
DPP
FBO
FMB
ICCESCR
ICCPR
ICU
KCH
MACRA
MBC
MCP
MDF
MDGs
MGDS
MHRC
MIJ
MK
MoH
MoLG
MICE
MPS
MSB
MP
NGO
NICO
NGO
NICE
OIBM
OPC
PAC
PETRA
PP
PPM
UDF
UDHR
Automated Teller Machine
African Charter on Human and People’s Rights
African Union
Church of Central African Presbyterian
Centre for Human Rights and Rehabilitation
Civil Society Organisation
Congress of Democrats
Council for Non-Governmental Organisations
District Commissioner
Democratic Progressive Party
Faith Based Organization
First Merchant Bank
International Covenant on Economic, Social and Cultural Rights
International Covenant on Civil and Political Rights
Intensive Care Unit
Kamuzu Central Hospital
Malawi Communications Regulatory Authority
Malawi Broadcasting Corporation
Malawi Congress Party
Malawi Defence Force
Millennium Development Goals
Malawi Growth and Development Strategy
Malawi Human Rights Commission
Malawi Institute of Journalism
Malawi Kwacha
Ministry of Health
Ministry of Local Government
Ministry of Information and Civic Education
Malawi Police Service
Malawi Savings Bank
Member of Parliament
Non Governmental Organisation
National Insurance Company
Non-Governmental Organisations
National Initiative for Civic Education
Opportunity International Bank of Malawi
Office of the President and Cabinet
Public Affairs Committee
Peoples Transformation Party
Peoples Party
Peoples Progressive Movement
United Democratic Front
Universal Declaration of Human Rights
vi
UN
UNDP
USA
QECH
ZBS
United Nations
United Nations Development Programme
United States of America
Queen Elizabeth Central Hospital
Zodiak Broadcasting Station
vii
Foreword
I have the honour and privilege to present MHRC Report on the fact finding exercise on the
demonstrations and related violence. The report details the events that occurred before,
during and after the demonstrations of 20th July, 2011 and an analysis of the findings from a
human rights perspective. The Report also captures MHRC’s recommendations to
stakeholders including duty bearers, on the emerging issues from the events surrounding the
demonstrations.
The fact-finding exercise was undertaken pursuant to MHRC’s broad mandate of promoting
and protecting human rights in the country. In the aftermath of the July 20th demonstrations,
an exercise of this nature and the analysis of its findings by an independent institution is
imperative as it brings to the fore lessons learnt from the events surrounding the 20th July
demonstrations. Valuable insights that should inform constructive options for the way
forward can be drawn from the findings and analysis in this report. The fact-finding exercise
was aimed at inter-alia: uncovering and addressing the systemic as well as immediate human
rights related-factors that contributed to the July 20th demonstrations and the ensuing
violence, documenting and analysing the events that took place and drawing lessons for the
way forward.
The Report is unique in terms of depth and richness of content, and coverage of the critical
issues that relate to the demonstrations and the violence. I encourage readers to go through
the Report and do a self- assessment exercise regarding what contribution we can make both
individually and collectively to ensure that the catastrophic consequences of the July 20th
demonstrations are averted in the future and that as a nation, we invest our collective energies
in a national building process to ensure that the human rights and fundamental freedoms as
guaranteed in the Constitution meaningfully flourish in Malawi for the benefit of all.
The Commission is convinced that the implementation of the recommendations contained in
this report is imperative and requires concerted efforts from all stakeholders in general and
Government in particular, to ensure that human rights are promoted and protected for all
people in Malawi.
John Kapito
Chairperson
viii
EXECUTIVE SUMMARY
The Malawi Human Rights Commission (MHRC) is an autonomous National Human Rights
Institution established by section 129 of the Constitution. The mandate of MHRC is to protect
and promote human rights in Malawi in the broadest sense possible and to investigate
violations of human rights on its own motion or upon complaints received from any person,
class of persons or body. MHRC is further regulated by an Act of Parliament, the Human
Rights Commission Act, in terms of its composition, functions, responsibilities, modes of
operation and finances among other things.
MHRC has observed that there have been disagreements between the Government and Civil
Society Organisations (CSOs) on various issues. The disagreements led to a conflict
situation. The conflict situation culminated in the violence that ensued from the 20th July
2011 Demonstration. It is imperative that various stakeholders should engage in processes
for resolution of the conflict using lawful means. The Constitution in section 13(l) obliges the
State to actively promote the welfare and development of the people of Malawi by
progressively adopting and implementing policies and legislation aimed at achieving the
goal of peaceful settlement of disputes through putting in place mechanisms by which
differences are settled through negotiations, good offices, mediation, conciliation and
arbitration.
In view of the above, MHRC convened a special Commissioners meeting to discuss
prevailing human rights issues following the 20th July demonstrations. Commissioners
resolved to undertake comprehensive investigations into the events surrounding the 20th July
demonstrations and the violence that ensued pursuant to MHRC’s mandate of promotion and
protection of human rights and investigation of violations of human rights.
This Report covers the findings and recommendations of MHRC in the course of its
investigations. In circulating widely the information contained in this Report to all
stakeholders, MHRC is invoking its promotion and protection mandate by ensuring that all
stakeholders are adequately informed before taking any further actions. This would in turn
ensure the prevention of further violations of human rights in whatever form and by any
persons.
The Report also takes stock of the events surrounding the demonstrations with a view to
drawing lessons that should inform further actions by stakeholders. Further, MHRC
envisages that the information would facilitate access to effective remedies by affected
parties, promote conflict resolution, peace building and dialogue in resolving issues of
common concern to all people in Malawi.
This Report covers the events prior to, during and after the 20th July, 2011 demonstrations.
MHRC deployed staff, led by Commissioners, to investigate and document the events
surrounding the demonstrations and the related violence. The process among other things,
involved gathering information directly from victims of human rights violations, eyewitnesses
and others. Therefore, much of the information contained in this Report is based on
ix
information received from MHRC’s stakeholders, human rights defenders, human rights
organizations, civil society organizations, media sources and other individuals, including a
large number of victims of human rights violations and eyewitnesses.
The public response to the call by MHRC for information was positive leading to a
significant amount of information that forms this final comprehensive report. Based on the
information gathered, MHRC notes that the events relating to the demonstration raise a
serious human rights situation in Malawi. MHRC further observes that the eruption of the
violence was precipitated by a number of structural causes. The investigations by MHRC
have established that gross human rights violations took place before, during and after the
20th July demonstrations. In particular, MHRC notes with concern the death of 19 people
and the destruction of property on 20th July and thereafter.
MHRC finds that the following human rights were violated during the demonstrations and in
the violence that ensued: the right to life (not to be arbitrarily deprived of life); the right to
personal liberty; the right to human dignity; the right not to be subjected to cruel, inhuman
or degrading treatment or punishment; the right to freedom and security of the person; the
right not to be arbitrarily deprived of property; the right to freely engage in economic
activity, to work and pursue a livelihood anywhere in Malawi; the right to freedom of
expression; the right to report and publish freely within Malawi and abroad (freedom of the
press); the right of access to information and the right to assemble and demonstrate with
others peacefully and unarmed. These human rights are guaranteed by the Constitution as
well as several international human rights instruments to which Malawi is a party.
MHRC has also established that the developments surrounding the demonstrations bring to
the fore issues of a lack of common values between the rulers and the ruled. The events also
signify a failure of a system for the peaceful resolution of differences that is envisaged in the
Constitution in section 13(l). This makes it imperative that the events surrounding the 20th
July demonstrations and the ensuing violence be carefully examined, with a view to drawing
lessons that should inform future actions. To this end, the MHRC’s analysis has led to a
number of recommendations to various stakeholders including; the state president and the
government, the Malawi police service, civil society organisations, the media, the general
public and the judiciary.
x
1.0
Introduction and Background
1.1
Introduction
This Report covers the findings and analysis of a monitoring, investigation and documentation
exercise covering the period before, during and after the 20th July, 2011, demonstrations and the
violence that emanated therefrom. MHRC is a Constitutional body established by section 129 of
the Constitution. The Human Rights Commission Act, (Chapter 3:08 of the Laws of Malawi)
regulates the functioning and modes of operation of the MHRC among other things. MHRC
conducted the exercise in line with its mandate of the promotion and protection of human rights
in Malawi.
Various issues surrounding the demonstrations hinge on human rights. For example,
demonstrations, if conducted in a peaceful and lawful manner, are in themselves a human right
and acceptable according to section 38 the Constitution. In the case of the events that surrounded
the 20th July demonstrations, a number of incidence such as reports of shooting and beating of
people (in some cases leading to death or injury), destruction and looting of property, raise a
number of negative human rights implications. Indeed, various factors that preceded the 20th July
demonstrations, that are discussed in this Report are human rights issues. All these events
provided the impetus for MHRC to undertake the fact finding exercise in line with its mandate.
The exercise had a three-fold dimension in its approach. This involved monitoring, investigating
and documenting the events surrounding the demonstrations. The Human Rights Commission
Act gives power to MHRC to undertake all of these functions on issues that have human rights
implications. It was envisaged that these activities would uncover and address the systemic as
well as immediate human rights related-factors that contributed to the July 20th demonstrations
and the ensuing violence, analyse the human rights implications arising therefrom, and put forth
recommendations to various stakeholders on the way forward.
The Report is in four parts, starting with the background which covers the introduction,
objectives of the exercise, detailed facts and information and an analysis of the situation of the
events that culminated in the 20th July demonstrations. Part two covers the findings of the
monitoring, investigations and documentation exercise. This section starts with a situation profile
that briefly details the chronological sequence of the events that culminated in the 20th July
demonstrations and the subsequent violence. It proceeds to cover the findings of the exercise
from the various people and organizations that provided information on first hand experiences
relating to the demonstrations. Part three captures the analysis of the findings followed by a
conclusion and recommendations that are outlined in part four.
1.2
Background
MHRC conducts human rights monitoring on a day to day basis and compiles periodic reports on
its findings and its recommendations are submitted to relevant duty bearers. A report on the
demonstrations that took place in Malawi on 20th July 2011 and the violence that resulted cannot
1
be complete without an analysis of the context in which the events unfolded. The following
paragraphs cover the findings of MHRC monitoring activities, which captured events that furnish
background information to the 20th July demonstrations. Most of the human rights issues detailed
in this section as having a bearing on the 20th July demonstration were compiled into a Status of
Human Rights Report along with recommendations on remedial measures that MHRC submitted
to the Government in May 2011. The Status of Human Rights Report formed the basis of
subsequent statements and position papers that MHRC presented to the Government and the
President.
It is beyond the scope of this Report to discuss as to whether or not the concerned authorities
acted on MHRC’s recommendations. Suffice to point out that the apparent continued existence
of some of the issues variously raised by MHRC ultimately progressed into the economic, social
and political factors that various sectors of society like; civil society, religious leaders,
opposition politicians, social and economic commentators as well as other analysts and the
international community have raised; as contributing factors to the 20th July demonstrations and
the violence that followed.
The litany of key issues include: the scarcity of fuel ; the foreign exchange (FOREX) shortage;
the monopolization of the public media by the ruling Democratic Progressive Party (DPP),
threats to human rights defenders; the promulgation of laws deemed to be undemocratic and/or
oppressive such as section 46 of the Penal Code Amendment Bill and the Civil Procedure (Suits
by or Against the Government or Public Officers) Amendment Bill; the high-handed manner of
the promulgation of some laws in Parliament without due consultations with the people or
without regard to contrary views on the same, for example, the promulgation of the National
Flags and Emblems Amendment Act (Chapter 18:03 of the Laws of Malawi); poor diplomatic
relations, leading to the expulsion of the British High Commissioner by the Government and the
subsequent cutting of aid to Malawi by the British Government and other traditional donors; the
ostracisation of the office of the Vice President by the ruling DPP; encroachments on the
independence of the judiciary; unchecked land pressure problems; escalating cost of living;
protracted stand-off between the Government and some University lecturers over the guarantee
of academic freedom, leading to closure of the two constituent colleges of the University of
Malawi; unnecessary encroachments on human rights, particularly the right to hold peaceful
demonstrations as guaranteed in the Constitution of Malawi; and the politicisation of the role of
traditional chiefs; among others.
Much as the above issues are non-violent, they have negative implications on human rights,
human security and development, are structural and embedded in socio-economic, legal and
political sectors and are a manifestation of poor economic and democratic governance. The
apparent failure by the Government to correct or to be seen as earnestly attending to these issues
contributed to increased disgruntlement on the citizenry. In some cases, the Government actually
issued out statements that made it to appear to have taken defensive and face-saving stances
leading to a build-up of discontentment on the part of the Malawi populace.
Furthermore, the period before the demonstrations was characterised by significant levels of
intolerance on the part of Government to contrary views on issues of national importance. A key
example is where Government authorities labelled the plan by concerned people in Malawi to
2
express contrary views on issues of national importance, through holding peaceful
demonstrations, as a Gay Rights Propaganda, which was a clear and deliberate misinformation
on the part of Government. Furthermore, the scheduling of the President’s public lecture was illtimed, as the public lecture coincided with the day that had long before been earmarked for
demonstrations which was effectively interpreted as a bid to divert attention from the
demonstrations or dissuade people from participating in the demonstrations. Evidently, the
public lecture could have been held on a different date. In addition, the Governments’
acquiescence to the position of a group in counter to the planned peaceful demonstrations that
drove through the city of Blantyre in the ruling DPP vehicles brandishing machetes and other
weapons on the eve of the planned peaceful demonstrations compounded the situation.
The above state of affairs was further compounded by the lack of, or limitations relating to space
for open, constructive and objective dialogue between the Government and other players, the
Civil Society Organisations being the major grouping. This state of affairs was, among other
things manifested through: continued reports of threats against human rights defenders and, the
trivialization or inadequate attention being given to the reported threats; the isolation and
demonizing of selected human rights activists, for example, propaganda against certain human
rights defenders as exclusively championing gay rights; and public attacks of human rights
defenders through the media, like, radio, television and newspapers. All of these developments
led to a situation where civil society organisations were essentially deprived of avenues for
constructively dialoguing with Government and hence resorted to organising and mobilizing
mass demonstrations as a means of communicating contrary views.
The conduct of law enforcement agencies, in particular the Malawi Police Service (the Police),
characterised by incidences of brutality and the attendant impunity also created a situation that
was conducive to the violence that emanated from the July 20th demonstrations. This situation
was exacerbated by the Presidential public directive on the shoot to kill policy that essentially
gave the Police the mandate to shoot and kill criminals on site. The directive was in stark
contrast to the relevant laws, constitutional principles as well as international human rights
standards. MHRC raised its observations on these developments and gave advice on the same to
relevant authorities. The growing impunity on the part of the Police, coupled with the
Presidential directive contributed to a situation where, the Police were ill-prepared to contain
unarmed demonstrators in a manner that is within the precincts of the relevant laws and in line
with applicable human rights standards. These developments also rendered the Police incapable
of lawfully handling the situation of people that may have been suspected of taking part in the
looting and destruction of property during or after the demonstrations.
The state of affairs described above created an environment in which the citizenry could easily
be mobilised to participate in peaceful demonstrations against the Government over the issues of
concern. Furthermore, these conditions provided a recipe for a situation that could easily
degenerate into violence. It is against this background that significant numbers of people in
Malawi took to the streets on the 20th of July 2011 to hold peaceful demonstrations. Due to a
number of factors described in the subsequent paragraphs the conditions deteriorated and turned
violent and fatal.
3
1.3
Objectives
The overall aim of the monitoring, investigations and documentation exercise was to uncover
and address the systemic as well as immediate human rights related-factors that contributed to
the July 20th demonstrations and the ensuing violence, analyse the human rights implications
arising therefrom, and put forth recommendations to various stakeholders on the way forward. It
was envisaged that this overall goal would be achieved through the following specific objectives:
(a) collecting relevant and verifiable information and evidence on the demonstrations-related
violence before, during and after the demonstrations in terms of the character and scope
of the violations;
(b) collecting relevant and verifiable information and evidence on the human rights
violations emanating from the demonstrations related violence;
(c) assessing the obligations of duty bearers including demonstrators relating to the right to
hold peaceful and unarmed demonstrations and the extent to which these obligations were
respected and fulfilled;
(d) carrying out a situation profiling of the events surrounding the 20th July demonstrations
that contributed to the violence;
(e) facilitating access to redress mechanisms by affected persons; and,
(f) providing appropriate recommendations to the different stakeholders including the duty
bearers on remedial and accountability measures.
1.4
Scope
The exercise covered all the four administrative regions of the country, i.e., Northern, Central,
Eastern and Southern Regions. MHRC focused its fact-finding exercise in the districts where the
demonstrations were reported to have taken place. The Districts were: Nkhata Bay, Rumphi,
Dowa (Lumbadzi and Mponela), Karonga, Mzuzu, Lilongwe, Zomba and Blantyre. The table
below outlines the areas and the activities that took place, across the country.
4
1.4.1 Occurrence of Demonstrations in the Districts across the Country
No
District
NORTHERN REGION
1
Chitipa
2
Karonga
3
4
5
Likoma
Mzimba
Nkhatabay
6
Rumphi
CENTRAL REGION
7
Dedza
8
Dowa
9
Kasungu
10
Lilongwe
11
12
13
14
15
Mchinji
Nkhotakota
Ntcheu
Ntchisi
Salima
EASTERN REGION
16
Balaka
17
Machinga
18
Mangochi
19
Zomba
Information gathered
No reports of demonstrations activities received.
Demonstrations took place and turned violent when the
Police tried to stop the people from marching and in the
process one person was shot dead and three others were
allegedly shot in the legs by the Police.
No reports of demonstrations activities received.
No reports of demonstrations activities received.
People gathered to demonstrate at Chintheche but were
dispersed by the Police before the people undertook any
significant activities relating to the demonstrations.
Demonstrations did not take place. However, when rumours
about the lifting of the injunction were heard people
gathered to demonstrate but were dispersed by the Police.
No reports of demonstrations activities received.
No reports of demonstration activities at the District
Headquarters were received. However on the 21st of July
2011 there was violence at Mponela and Lumbadzi Trading
centres which led to loss of life, injury and destruction of
property.
No demonstrations as the Police dispersed the people who
wanted to march.
The demonstrations took place and turned violent and led to
loss of lives, injury and destruction and looting of property.
No reports of demonstrations activities received.
No reports of demonstrations activities received.
No reports of demonstrations activities received.
No reports of demonstrations activities received.
No demonstrations. However, there was disorder around 5
pm when the Police started firing in the air to force market
vendors to leave the market and in the process some
property was destroyed.
No demonstrations due to firm security by the Police.
No reports of demonstrations activities received.
No demonstrations due to firm security by the Police.
Demonstrations took place, people marched peacefully
under police escort and delivered the petition and thereafter
dispersed to their respective places.
5
SOUTHERN REGION
20
Blantyre
21
22
23
24
25
26
27
28
Chikhwawa
Chiradzulu
Mulanje
Mwanza
Neno
Nsanje
Phalombe
Thyolo
1.5
Methodology
Demonstrations took place and turned violent leading to
loss of lives and destruction and looting of property.
No reports of demonstrations activities received.
No reports of demonstrations activities received.
No reports of demonstrations activities received.
No reports of demonstrations activities received.
No reports of demonstrations activities received.
No reports of demonstrations activities received.
No reports of demonstrations activities received.
No reports of demonstrations activities received.
In conducting the monitoring, investigation and documentation, MHRC adopted the following
methods and approaches:
(a)
Literature Review
The literature review, involved the collection and desk review of applicable domestic and
international law, and relevant authoritative publications on the subject matter of the
report.
(b)
Key Informant Interviews
MHRC conducted interviews with concerned and interested persons and organisation
such as civil society leaders, religious leaders, politicians, victims and relations of
victims, the Police, medical personnel, media personnel, government personnel and
business groups.
(c)
Data Collection
Data was collected and documented from relevant persons, offices, government
departments, politicians, victims and their relatives relevant to the investigations.
(d)
Monitoring
Monitoring of events prior to the demonstrations day, on the actual day of demonstrations
and after the demonstrations, was done.
(e)
Documentation
This involved documentation of media reports and news before, during and after the
demonstrations.
(f)
Analysis
This involved the analysis of facts and information gathered, primarily from a human
rights perspective.
6
Semi structured questionnaires were developed to guide the data collection, monitoring and fact
finding activities. The fact finding team conducted regular briefing and debriefing meetings.
Standard guidelines were developed to ensure that ethical considerations were followed in the
conduct of the fact finding exercise, e.g. respect for confidentiality and privacy of the
interviewees. A radio announcement was placed on Zodiak Broadcasting Station, Capital Radio
and the Nation Newspaper requesting individuals, groups of people, civil society, victims and
their relatives or any other interested persons to provide the Commission with relevant
information related to the demonstrations.
1.5
Challenges and Limitations
The fact finding exercise faced the following challenges and limitations:
(a)
(b)
2.0
Resource constraints on the part of MHRC to effectively and timely monitor the conduct
of the demonstrations in all the districts;
Inability by MHRC to collect relevant documentation and evidence from some
Government offices and departments such as the Malawi Police Service, the Malawi
Defence Force, and Ministry of Home Affairs and National Defence due to lack of
cooperation. MHRC did not have the full cooperation from these offices and institutions.
The information gathered was based on key informants from some of these institutions
who spoke on the basis of strict anonymity. MHRC does not have the official position
from these institutions.
The Relevant Applicable Law
This section discusses the law relating to the issue of the right to hold peaceful demonstrations
and the related human rights. The right to hold peaceful demonstrations is intricately related with
other human rights and fundamental freedoms such as: the right to access information; the
freedoms of assembly and association and freedom of conscience and belief. In some instances,
demonstrations even though properly planned to be conducted in a peaceful manner pose the
potential of creating spill over effects which may culminate in violations of the human rights to
life, human dignity, security of the person, and to property through, indiscriminate killing (loss
of life), beatings and injury to persons, as well as destruction and looting of property.
Demonstrations may also have spill over effects on other human rights, such as freedom from
torture, degrading or inhuman treatment or punishment, economic activity, and health among
others. The ensuing paragraphs discuss the scope of the right to hold peaceful demonstration and
the other relevant human rights.
2.1
The Scope of the Freedoms of Assembly and Association under the
African Charter on Human and Peoples Rights and the International
Covenant on Civil and Political Rights
The right to assemble freely is guaranteed under Article 11 of the ACHPR and Article 21 of the
ICCPR. Article 21 of the ICCPR specifies that the right must be exercised peacefully. Clearly,
the right to assemble freely is not an absolute right. The ICCPR provides that limitation of this
7
right must be provided by the law and must be based on grounds mentioned in the Covenant, i.e.
for reasons of national security, safety, health, public morals and the rights and freedom of
others. Both the African Charter and the ICCPR state that such limitations must also be
necessary in a democratic society.
1.
International jurisprudence has developed to a point that prohibitions and bans of
demonstrations on the basis of a wide interpretation of national security or for political reasons
violate freedom of Assembly. Further that if the authorities effectively prevent people from
demonstrating by withholding authorization for reasons other than those listed in Article 11 of
the ACHPR and Article 21 of the ICCPR, they violate the right to freedom of Assembly. In the
case of Baczkowski and others v. Poland (Application No. 1543/06) before the European Court
of Human Rights, the court observed that the refusal to give authorization could have had a
chilling effect on the applicants and other participants in the assemblies. It could also have
discouraged other persons from participating in the assemblies on the ground that they did not
have official authorization and that, therefore, no official protection against hostile counterdemonstrators would be ensured by the authorities.
2.2
Power to Use Firearms and the Excessive Use of Force under
International and Domestic Law
Law enforcement agencies are duty bound to preserve peace and public safety and security
among other things. Almost invariably, the Police’s role on provision of public safety and
security comes into play in the context of demonstrations. The Police owe this duty to both the
people participating in the demonstrations as well as the public at large. Accordingly, organizers
of assemblies or demonstration also have an attendant obligation to inform the Police of any
intended demonstrations or assemblies. In some cases, the Police may be called upon to use
firearms or force in the control of demonstrations. The law on this point is captured in several
international human rights instruments as well as the Constitution and the Police Act, (Chapter
13:01 of the Laws of Malawi).
To begin with, the UN Basic Principles on the Use of Force and Firearms by Law Enforcement
Agencies obligate Governments to adopt and implement rules and regulations on the use of force
and firearms against persons by law enforcement officials. In developing such rules and
regulations, Governments and law enforcement agencies are called upon to keep the ethical
issues associated with the use of force and firearms constantly under review. Article 2 of the
Principles call upon Governments and law enforcement agencies to develop a range of means as
broad as possible and equip law enforcement officials with various types of weapons and
ammunition that would allow for a differentiated use of force and firearms, including, the
development of non-lethal incapacitating weapons for use in appropriate situations, with a view
to increasingly restraining the application of means capable of causing death or injury to persons.
Article 3 of the Principles provides that the development and deployment of non-lethal
incapacitating weapons should be carefully evaluated in order to minimize the risk of
endangering uninvolved persons, and the use of such weapons should be carefully controlled.
8
Article 4 calls on Law enforcement officials, in carrying out their duty, to, as far as possible;
apply non-violent means before resorting to the use of force and firearms. They may use force
and firearms only if other means remain ineffective or without any promise of achieving the
intended result.
Article 5 spells out that whenever the lawful use of force and firearms is unavoidable, law
enforcement officials shall:
(a)
exercise restraint in such use and act in proportion to the seriousness of the
offence and the legitimate objective to be achieved;
(b)
minimize damage and injury, and respect and preserve human life;
(c)
ensure that assistance and medical aid are rendered to any injured or affected
persons at the earliest possible moment;
(d)
ensure that relatives or close friends of the injured or affected person are notified
at the earliest possible moment.
Article 7 calls on Governments to ensure that arbitrary or abusive use of force and firearms by
law enforcement officials is punished as a criminal offence under their law. Article 8 stipulates
that exceptional circumstances such as internal political instability or any other public emergency
may not be invoked to justify any departure from these basic principles.
Article 9 calls on Law enforcement officials not to use firearms against persons except in selfdefence or defence of others against the imminent threat of death or serious injury, to prevent the
perpetration of a particularly serious crime involving grave threat to life, to arrest a person
presenting such a danger and resisting their authority, or to prevent his or her escape, and only
when less extreme means are insufficient to achieve these objectives. In any event, intentional
lethal use of firearms may only be made when strictly unavoidable in order to protect life.
Article 10 states that in the circumstances provided for under article 9, law enforcement officials
shall identify themselves as such and give a clear warning of their intent to use firearms, with
sufficient time for the warning to be observed, unless to do so would unduly place the law
enforcement officials at risk or would create a risk of death or serious harm to other persons, or
would be clearly inappropriate or pointless in the circumstances of the incident.
Article 11 provides for guidelines that should be included in the Rules and regulations on the use
of firearms by Law enforcement officials. These guidelines are that officials ought to:
(a)
specify the circumstances under which law enforcement officials are authorized to
carry firearms and prescribe the types of firearms and ammunition permitted;
(b)
ensure that firearms are used only in appropriate circumstances and in a manner
likely to decrease the risk of unnecessary harm;
9
2.3
(c)
prohibit the use of those firearms and ammunition that cause unwarranted injury
or present an unwarranted risk;
(d)
regulate the control, storage and issuing of firearms, including procedures for
ensuring that law enforcement officials are accountable for the firearms and
ammunition issued to them; and
(e)
provide for warnings to be given, if appropriate, when firearms are to be
discharged.
Policing unlawful assemblies
Article 12 of the Principles states that as everyone is allowed to participate in lawful and
peaceful assemblies, in accordance with the principles embodied in the Universal Declaration of
Human Rights and the International Covenant on Civil and Political Rights, Governments and
Law enforcement agencies and officials shall recognize that force and firearms may be used only
in accordance with Articles 13 and 14.
Article 13 provides that in the dispersal of assemblies that are unlawful but non-violent, law
enforcement officials shall avoid the use of force or, where that is not practicable, shall restrict
such force to the minimum extent necessary.
Article 14 provides that in the dispersal of violent assemblies, law enforcement officials may use
firearms only when less dangerous means are not practicable and only to the minimum extent
necessary. Law enforcement officials shall not use firearms in such cases, except under the
conditions stipulated in Article 9.
The UN Special Rapportuer on Summary Executions Christof Heyns has pronounced that
“Excessive use of force is never an option and is never justified in controlling peaceful
demonstrations,” and further that, “Those responsible must be held accountable.”
2.4
The Police Act (Chapter 13:01 of the Laws of Malawi)
Section 96 of the Police Act regulates notification of assembly or demonstration. Under this
section, the conveners1 of an assembly or demonstration shall give notice, in writing, of not less
than forty-eight hours and not more than fourteen days to the District Commissioner concerned
with a copy to the officer in-charge of the Police station concerned.
1
The appointment of convener and authorized persons on an assembly or demonstration is regulated under Section
93 of the Police Act of 2010.
10
Further, section 98 of the Police Act empowers the District Commissioner to make consultations
with the Police office in-charge concerned, the conveners and all the necessary stakeholders to
ensure a smooth conduct of the assembly or demonstration.
Section 104 of the Police Act regulates the conduct of assemblies and demonstrations, and
appointment of marshals who will manage the participants in a demonstration or assembly. This
is aimed at ensuring that the proceedings are peaceful and in accordance with the law.
Section 105 of the Police Act gives powers to a police officer in relation to assemblies and
demonstrations. The section gives powers to any police officer of or above the rank of inspector
to stop and order to disperse any convened assembly, meeting or procession in respect of which
either no notice or a notice not complying with the provision for the requirement of the notice
shall have been given, or where there is an anticipated breach of peace. Section 105(1) (a)
empowers a police officer to stop an assembly or demonstration if the officers has reasonable
grounds to believe that the Police will not be able to provide adequate protection for the persons
participating in such an assembly or a demonstration. The notification to the convener and the
reasons therein shall be given in writing.
Section 44 of the Police Act gives the Police power to use firearms, but this power according to
the section is limited to three instances:
(a) where a person in lawful custody charged with or convicted of an offence escapes or
attempts to escape;
(b) where any person by force rescues or attempts to rescue any other person from lawful
custody; or
(c) where any person by force prevents or attempts to prevent the lawful arrest of himself or
of any other person.
The section has a provision which states that under instance (a) such a weapon can only be used
if the officer has reasonable grounds to believe that he cannot otherwise prevent the escape and
unless he shall give warning to such person that he is about to use such firearms against him and
such warning is unheeded. Under instances (b) and (c) the provision states that firearms will only
be used if such officer has reasonable ground to believe that he or any other person is in danger
of grievous bodily harm and that he cannot otherwise affect such arrest or prevent such rescue.
Section 44(2) (d) states that the use of firearms under this section shall as far as possible be to
disable and not to kill.
3.0
Findings and Analysis
MHRC monitoring activities captured and documented the following sequence of events that led
to the demonstrations and the violence that ensued:
11
3.1
Situation Profile: Pre and During 20th July Demonstrations Events
DATE
th
08 July 2011
11th July 2011
11th July 2011
11th July 2011
13th July 2011
14th July 2011
15th July 2011
16th July 2011
ACTIVITY
SOURCE OF INFORMATION
Media Reports carried the news that the
Plans by Civil Society Organisations to
hold mass demonstrations against the
Government on national issues of
concern were at an advanced stage
The
President
issued
a
public
announcement captured in the media,
calling on interested Malawians to a
public lecture scheduled for the 20th July
2011, to be addressed by the president on
issues of national importance
Concerned Civil Society Organisations
through CONGOMA rebuffed the
President’s call to a Public Lecture
envisaging that the President’s “lecture
was likely to be empty”
NGOs quoted in the media as being
insistent on the plans to conduct the
peaceful demonstrations on July 20.
Nation Newspaper
The
Media
carried
reports
of
announcements by opposition political
parties namely MCP, UDF, and PETRA
of their intentions to join the
demonstrations planned for the 20th July
2011.
The Demonstration organizers issued out
the demonstrations plan out. A grouping
in counter of the planned demonstrations
made a public announcement of its plans
to hold counter demonstrations to the
ones proposed for the 20th July
demonstrations.
The CCAP Livingstonia Synod made an
announcement that it will not attend the
President’s Lecture
Media carried reports of a show down
between the Government and Civil
Society following a gross miscalculation
by the government that President Bingu
wa Mutharika should hold a public
lecture on the same day the civil society
Nation Newspaper of 13/07/2011
12
Media
Nation Newspaper of 11/07/2011
Daily Times
11/07/2011
Newspaper
of
Nation Newspaper of 14/07/2011
Nation Newspaper of 15 /07/2011
Malawi Newspaper of 16/07/2011
th
16 July 2011
18th July 2011
18th July 2011
18th July 2011
19th July 2011
19th July 2011
19th July 2011
20th July 2011
20th July 2011
20th July 2011
20th July 2011
would hold national wide demonstrations.
The Vice President called on the
Government to allow people to march
The president of the MCP and leader of
opposition in parliament made an
announcement that he and other party
leaders would join the march.
Opposition leaders reported to have made
indications that they were in support of
the planned protests
The Malawi Law Society quoted as
indicating support to the planned
demonstrations
MHRC issued a public statement
advising Government on the right of
people to hold peaceful demonstrations
and called on all concerned parties,
reminding them on their rightful roles to
ensure that the demonstrations scheduled
for the 20th of July would not degenerate
into violence.
PAC cautioned Government over the
decision to let its sympathizers counter
the planned civil society demonstration as
it would end up in sparking violence
Reports of imminent arrests of the
demonstrations leaders circulating in the
media. Police issued out public
assurances that they would provide
maximum security to the demonstrators.
People gathered in designated areas in the
cities of Lilongwe, Blantyre and Mzuzu
in readiness of the demonstrations
News that the planned demonstrations
could not proceed as planned due to a
court injunction that was obtained against
the demonstrations relayed to the people
MACRA contacted radio stations
involved in live coverage of the
demonstrations related activities ordering
them to stop airing the programmes
MACRA blocked the radio stations
involved in live coverage of the
demonstrations resulting in the radio
stations going off-air temporarily.
13
Weekend Nation Newspaper of
16/07/2011
Nation Newspaper of 18/07/2011
Daily Times
18/97/2011
Newspaper
of
Nation Newspaper of 18/07/2011
Nation Newspaper of 19/07/2011
Nation Newspaper of 20/07/2011
Daily Times
19/07/2011
MHRC staff
MHRC staff
MHRC Staff
MHRC Staff
Newspaper
of
20th July 2011
Civil Society leaders and other people MHRC staff
rounded up by Police in the Lilongwe
CCAP compound and subjected to
beatings
20th July 2011
Spates of violence recorded in Lilongwe, MHRC Staff
Mzuzu and Blantyre
Injunction
against
demonstrations MHRC Staff
vacated. Demonstrations, i.e. marching
resumes.
20th July 2011
3.2
Situation profile: Post 20th July Demonstrations Events
DATE
ACTIVITY
21st July 2011
Continued incidences of violence Nation Newspaper of 21/07/2011
(shooting, looting, arrests and beatings)
MHRC staff
recorded.
21st July 2011
Violence reached intense stage, death toll Daily Times
increased.
21/7/2011
nd
22 July 2011
SOURCE OF INFORMATION
Newspaper
of
Newspaper
of
MHRC staff
Media reports indicated that 14 people Media
reported dead, and scores of people
injured in the demonstrations
22nd July2011
The President made public statements MHRC staff
blaming the leaders of the CSO that
organised the demonstrations for the
violence, and indicated that he was ready
to enter into dialogue on the issues raised.
22nd July2011
Catholic Bishops issued out a statement MHRC staff
calling on the President to listen to
people`s cries
22nd July 2011
NGOs issued out a statement blaming the MHRC staff
violence on the injunction and the Police
22nd July 2011
Media reports indicated that the person Daily Times
who had obtained the injunction at the 22/7/2011
Lilongwe High Court had fled the
country.
14
Mass burial for people that had died in “
relation to the demonstrations violence in
Mzuzu.
Army, Police patrol Limbe and Blantyre “
city following up demonstrations by
quelling the riots, in a bid to restore peace
and ensure security of properties and
lives within the areas.
Tensions reported to persist in Lilongwe “
as looting was seen to spread in the city
Businesses reported to bear the brunt of “
demonstrations as some irate protestors
and criminal elements were observed to
have looted bank facilities, shops and
service stations.
Malawi Congress of Trade Unions asked “
for Government response to petition
Media carried reports of “drama and Malawi Newspaper of 23/07/2011
tears” in Mzuzu as irate mourners, civil
society groups and Government officials
tussled over where to bury victims of the
July 20, 2011 demonstrations who were
killed by Police.
The people that had died in Mzuzu were Weekend Nation Newspaper of
buried.
23/07/2011.p1The then Minister of Information, Hon. Weekend Nation Newspaper of
Vuwa Kaunda reported in the media as 23/07/2011.p1being adamant after protesters destroyed
his personal property. The Minister was
reported as having made statements that
his loyalty to the President would not be
shaken because of the damage to his
property. He further stated that “he is
where he is because of the President”
Media reports captured the story of
Joseph, son to Mr. and Mrs. Lengeman
Lufani died after being shot by the Police
during the demonstrations while trying to
15
“
protect his business at Ndirande Market.
US, UK condemned the President of the
Republic of Malawi Bingu wa Mutharika
for the demonstrations-related deaths
“
NGO`s UDF issued out warnings of more Nation Newspaper of 25/07/2011
protests
Media reports indicated that President
Bingu wa Mutharika was facing pressure,
from Amnesty International, Council on
Global Equality, Human Rights First, the
International Commission of Jurists, the
International Gay and Lesbian Human
Rights Commission and the Southern
African Litigation Centre, on use of
firearms by Police during
July 20
demonstrations .
“
Media reports on use of live bullets b the
Police on July 20, 2011.
“
Media captured the story that MHRC had Daily Times
embarked on a fact finding exercise on 26/07/2011
the demonstrations.
Newspaper
Media reports that the USA had froze the Nation Newspaper of 27/07/2011
K54bn energy grant on the Millennium
Challenge Cooperation (MCC)
The Executive Director for the Civil
Society Coalition for Quality Basic
Education (CSCQBE), rights activist
Benedicto Kondowe, reported to have
gotten death threats through an
anonymous telephone call for continuing
to challenge the President after the July
20 anti – government demonstrations.
“
CONGOMA rebuffed President Bingu
wa Mutharika`s request to issue a
statement calling off nationwide mass
demonstrations.
“
A Lilongwe-based Saudi Investor,
Muhammad Aslam Razzaq reported to
“
16
of
have lost K132 million plus K8.3 million
cash when looters attacked his business
complex
during
the
July
20
demonstrations
The President conducted inspection tours Daily Times
of looted businesses
26/7/2011
301 out of the 343demonstrators that
were arrested during the July 20 antigovernment mass demonstrations in the
country`s four cities released from Police
custody after the Police could not
establish any offense committed.
Police investigating DPP cadets
Media supporting MHRC’s probe of the
Demonstrations, “MHRC should indeed
probe the demo deaths” in the Daily
Times comment on Freedom of
Expression Our Birthright column.
Newspaper
of
Newspaper
of
“
Daily Times
20/07/2011
“
“I`m ready to be smoked out” – remarks Nation Newspaper of 28/07/2011
by the Vice President. She was referring
to the speech made by President Bingu
wa Mutharika who had warned that he
would “smoke out” Malawians who
opposed his strong-armed rule if they
would continue to hold anti-government
protests and press for his resignation. The
President accused opposition leaders of
treason and blamed them for the deaths
that occurred in the course of the
demonstrations. In his speech, the
President accused the Vice President
Honourable Mrs. Joyce Banda, John
Tembo, the opposition leader and three
civil
society
leaders
(Undule
Mwakasungura,
Rafiq
Hajat
and
Reverend MacDonald Sembereka of
being behind the demonstrations. He also
accused his former Attorney General and
former vice president Dr. Cassim
Chilumpha of fomenting the street
protests. The President remarked that;
17
“the blood of these people who have died
is on you ... let their spirits haunt you at
night.” He The President further
remarked that; “This time I’ll go after
you! Even if you hide in holes I’ll smoke
you out!”
On 27th July 2011, the Magistrate`s Court
in Mzuzu granted bail to 131 people who
were arrested during the demonstrations.
Media reports quoted Mzuzu Police
Public Relations
Officer Edward
Longwe, as indicating that the Police
arrested 160 suspects during the
demonstrations, out of which 131 were
charged with unlawful assembly and 15
were charged with being found in
possession of property suspected to have
been stolen and 1 was charged of
assaulting a Police officer while others
were just released.
PDM reported in the media as having
made statements that PDM wanted
President Bingu wa Mutharika indicted at
ICC over deaths
“
“
Media reports on more threats for CSO Daily Times
leadership, with several civil society 27/07/2011
leaders reported to have gone in hiding
for fear of their lives. Mr. Benedicto
Kondowe, a member of the July 20 mass
demonstrations leadership reported to
have received death threats from
unknown persons for his fearless
comments made during a radio interview
on MIJ FM.
Civil Society Organizations reported to
have agreed to provide victims of the July
20 mass demonstrations with free Legal
representation
of
Newspaper
of
“
UN body reported to have sought details Daily Times
of the July 20 dead people.
28/07/2011
18
Newspaper
President Bingu wa Mutharika issued
remarks accusing protesters of treason
“
EU, PETRA issued criticism on the Sunday Nation
handling of demonstrations
24/07/2011
Newspaper
of
The President reported to have issued out Malawi Newspaper of 23/7/2011
a warning against demonstrations
organizers
Media reports on the poor skills on the
part of the Police which was said to have
led to chaos during the demonstrations
“
Media Reports indicated that MACRA
was mum on the issue of private radios
gagging
“
Reports on “Residents mourn Lilongwe
demo victim”
“
Reports
of
Death
demonstrations leaders
threats
for Sunday Times
24/07/2011
Police accused of shooting to kill
“
Reports of an outbreak of riots in Mzuzu
following the burial of the people that
had died during the demonstrations.
“
Media Reports that the State House had Sunday Times
made remarks that it did not have the 31/07/2011
CSO petition
3.3
Newspaper
of
Newspaper
of
Roles and experiences of Different Players in the Demonstrations
MHRC’s fact finding uncovered the various roles that different organizations and institutions
played before, during and after the demonstrations as discussed in the sections below.
3.3.1 Civil Society Organizations (CSOs)
The ensuing paragraphs detail the background which is derived from the Petition that the CSOs
presented to authorities on 20th July 2011. The issues were compiled in a petition that CSOs
19
earlier produced and submitted to authorities. The continued existence of the issues variously
raised by the CSOs ultimately progressed into the economic, social and political factors which
contributed to the 20th July demonstrations and the violence that followed.
The key issues include:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
the acute foreign exchange shortage;
the acute fuel shortage;
electricity shortages;
lack of economic prudence;
corruption and abuse of power;
disrespect of the rule of law;
deliberate efforts to avoid or interrupt the holding of Local Government Elections;
the University of Malawi crisis (failure to resolve the current stalemate between the
University Council and its two constituent Colleges); and
political intolerance and violence.
In regard to these issues, the CSOs made the following demands as recommendations:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
sell the Presidential jet and minimise all foreign trips by the Head of State;
ban all importation of luxury cars (Mercedes, Limousines, and Luxurious 4x4s). Any new
cars for the President, Ministers or State Officials must reflect our impoverished state and
should thus not be as ostentatious as in the past;
all foreign trips by Ministers and State officials must be severely curtailed forthwith;
superfluous costs such as the new 'eavesdropping' machine being installed at a cost of
US$6 million at MACRA merely to assuage creeping paranoia in an unconstitutional
manner must be discontinued and reversed forthwith;
Zimbabwe must immediately repay the US$20 million that has long been outstanding for
food supplied by Malawi. The payment can be made in cash or in fuel;
scrutinise all fertiliser imports for the previous year to track the fairness of the pricing –
all those who have inflated their costing must be brought to book and penalised for the
full amount of overpricing as well as harsh penalties for committing the crime;
scrutinise all fuel imports for overpricing practices and bring the perpetrators to book. All
Foreign Exchange gained through such malpractices must be returned to Malawi
immediately;
massive fuel importers such as Paladin (usage: 3,000 litres diesel per day) must use their
own Foreign exchange reserves to bring in their fuel and should not drain Malawi's
scarce reserves;
allow independent importation of fuel by any entrepreneur who has the means – this will
break the stranglehold monopoly of Petroleum Importers Limited and open the market for
competition;
Paladin's exports of 'yellow cake' must be checked to ensure that a fair market price is
being charged and the proceeds are being brought back to Malawi without any transfer
pricing;
20
(k)
gemstone exports must be monitored closely by trained experts to ensure that fair values
are being declared. Malawi may have been short changed for decades in this area due to
lack of capacity and negligence;
(l)
it may be necessary, in the short term, to listen to the International Monetary Fund and
devalue our currency in order to gain their approval which would then open the doors for
other Donors to come in and pump much needed Foreign Exchange into our flagging
economy. The inflationary aspects of this can be countered by other anti inflationary
measures;
(m)
it is essential to immediately mend fences with our long term development partners, the
British Government by apologising for the diplomatic faux pas and making amends.
Their contribution to our economy is too significant to shrug off with cavalier disdain –
especially when it means that the poorest sections of society will be worst afflicted by the
suspension of British aid; and
(n)
the bloated Cabinet must be trimmed to 14 members and their allowances of fuel and air
time adjusted to reasonable levels with immediate effect.
The CSOs proposed the time frame for the implementation of the recommendations as
follows:
1. Within reasonable time adopt measures and actions so that there is availability of and
access to Foreign Exchange.
2. Within reasonable time adopt special measures to avail adequate FOREX to Petroleum
Importers Limited and other suppliers so that they are able to import fuel without
interruption.
3. Within reasonable time the ESCOM Board and top management should be replaced with
independent experts who, within 3 months, must demonstrate that the acute electricity
shortages have begun to reverse. In addition, form a consultative forum which solicits
input from all stakeholders who may have valuable information, ideas and new concepts
with which to tackle the issues of capacity and cost of power generation.
4. Within reasonable time the Anti corruption Bureau should commence an investigation of
all people implicated in the recent Malawi Housing house sale scandal.
5. The Anti Corruption Bureau should start investigating ALL Cabinet Ministers and public
servants on the unexplained wealth that some seem to have accumulated whilst holding
office. The Penal Code calls upon all citizens to explain the source of their wealth, All
moneys stolen should be returned.
6. Within 1 month; the President should fully declare his assets, explaining sources of funds
to acquire and develop Ndata Farm.
7. The First Lady's contract should be nullified and all earnings refunded back to
Government.
8. The Law Commission should set up a special law commission to revisit the Penal Code
and the Injunctions Bill, which should lead to submission of recommendations within
reasonable time.
9. The President should demonstrate good faith towards the Office of the Vice President,
starting by returning her official motorcade.
21
10. The Government should commit to hold Local Government Elections and not in 2014 as
announced.
11. The University Council should immediately reinstate the four lecturers dismissed during
the academic freedom stalemate, and issue a statement committing that no spies will be
allowed in lecture rooms.
12. Issue a circular nullifying the instruction to require a deposit of MK 2, 000,000 for mass
demonstrations.
13. Immediately stop unfair usage of MBCTV public broadcaster and television to castigate
and threaten those with dissenting views.
14. Immediately stop disregarding court orders by the Executive arm of Government
15. Immediately provide drugs in all hospitals and clinics as lack of drugs is frustrating
health/care workers and patients.
16. Immediately look at addressing health human resource for Nurses.
17. Immediately address incentives of Nurses as 300 have not been paid their allowances for
3 years now.
18. To consider living wage as opposed to minimum wage and living wage raised to MK25,
000 a month.
19. We demand decent jobs and conditions for all workers.
20. We demand social protection system for the good of welfare of Malawians.2
The CSOs led by Human Rights Consultative Committee chaired by Mr. Undule Mwakasungula
pioneered the demonstrations and their major roles were to plan, organise and execute the
demonstrations. In their planning, the CSOs established an organizing committee in each region
of the country to facilitate communication and organization of the demonstrations. The main role
of these committees was to direct the campaign for the demonstration and ensure that people had
a clear understanding of the objective behind the demonstration, with emphasis on maintaining
peace during the demonstration.
2
The source for the key issues, recommendations and time frame for implementation of the recommendations
outlined in 3.3.1 is the Petition that the Civil Society Organisations presented to government.
22
Among other things, CSOs created posters explaining the agenda of the demonstrations to the
public with emphasis on the principle of peaceful demonstrations. The posters were distributed to
the public at 5:30 p.m. on the eve of the demonstrations a day after obtaining permission from
the city, town and district council authorities. This followed the submission of specific
demonstration/protest routes to the authorities. The routes earmarked for the demonstrations
were as follows: from Victoria Avenue to Civic Centre through Mount Soche, Mahatma Gandhi,
Kapeni Road, and Kenyatta Drive in the city of Blantyre; in Lilongwe from Community Centre
Hall to Civic Offices in City Centre via Lilongwe Bridge, Shoprite and Lilongwe Sanctuary; and
in Mzuzu, from Katoto Freedom Park to City Council through the City Centre.
The CSOs held planning meetings with various stakeholders prior to the demonstrations, and the
CSOs representatives described the meetings as successful. Mr. Undule Mwakasungula,
Executive Director of CHRR said:
“We had a fruitful meeting with the District Commissioner of Lilongwe, Mr. P.
Kalilombe, the Chief Executive Officer of Lilongwe City Council, Mr. K. M’mangisa on
19th July, 2011, and two senior Police Officers, mapping out the route of the march and
putting in place other logistical arrangements for the demonstrations the following day.
The meeting agreed that the starting point of the demonstrations were Lilongwe
Community Centre Hall from 9:00 am.”
According to the CSOs submission, in a sudden turn of events, on 19th July, at 10:30 pm, the
Malawi Broadcasting Corporation made an announcement that the Courts had granted an
injunction stopping the demonstrations from taking place. Following this development,
organizers of the demonstrations in the southern region made consultations regarding the
injunction and suggested applying for a vacation of the injunction. In the view of the CSOs they
saw the injunction as a possible trigger of chaos and violence among the public.
23
On the day set for the demonstrations, most conveners (organizers) arrived early to prepare for
the demonstrations. The organisers were met by the Police who tried to turn them back. The
organisers resisted on the grounds that they had not been served with the injunction. In the
southern region, the demonstrations organisers negotiated with the Commissioner of Police who
was cooperative and allowed them to stay on at the venue. In the central and northern regions,
the Police were uncooperative and dispersed the people that had gathered at the demonstration
venues by force. This contributed to changing the direction of the demonstrations from peaceful
to violent.
In the southern region, the organisers advised the crowds that had started to gather at the venues
to wait until the injunction would be vacated. The organisers took this approach as they feared
for an outbreak of violence if the situation was not contained. Later in the day, at 2.30 pm the
injunction was vacated and the crowds were instructed to start moving following the designated
route. As the frontline of the demonstrating crowd approached Victoria Hotel, gunshots were
heard when police started firing and dispersing the crowd. It was later discovered that this was
triggered by a group of around 20 people who went into Haile Selasie road and broke into a Bata
Shoe Shop. The peacefully marching crowd were caught in the firing. This caused commotion
and led to a splitting of the demonstrating crowd.
24
In the words of the CSO representatives who were interviewed, their expectation was that a
peaceful march would proceed along the designated route especially after receiving permission
from City Assembly. Further that after presenting their petition, the President would genuinely
and maturely address the people’s grievances.
3.3.2 Religious Leaders
Reports from various religious leaders have shown that churches did not take direct active roles
in organizing the demonstrations. However, on the part of some churches, their affiliate
organisations such as the Church and Society of the CCAP Livingstonia Synod played active
roles in the organisation of the demonstrations. Most religious leaders interviewed indicated that
they were concerned with the untimely obtaining of the injunction that stopped the
demonstrations. They attributed this development to be one of the immediate triggers of the
violence.
During the demonstrations, church leaders provided shelter to some of the organizers of the
demonstrations (CSO leaders and some politicians) especially in Lilongwe where most of the
CSO leaders sought refuge within the Lilongwe CCAP premises until premises were invaded by
the Police around 3 pm. The CSO leaders sought refuge following a development in which the
situation was getting out of hand as the Police clashed with some demonstrators.
25
After the demonstrations, the CSO leaders pleaded with top church authorities to have talks with
the President on the issues surrounding the demonstrations. The CSO leaders also asked the
church authorities to make an appeal to the president to tone down on remarks in his speeches.
In their view, the church leaders expected the demonstrations to be peaceful as reiterated several
times by the organisers through the media. They also expected the President to respect and
respond to the issues raised in the petition in a timely manner. The church leaders were therefore
concerned with the turn of events, in particular, the harsh treatment with which the Police
handled the demonstrators. In the opinion of the church leaders, the violence and destruction
were not caused by the demonstrations but by people who took advantage of the anonymity of
the mass demonstrations to loot and destroy property.
Some church leaders witnessed violence. For example a Reverend Hartley Zulu in Lilongwe
said:
“I saw police throwing teargas at the demonstrators and the running battles between the
Police and the demonstrators. I also saw police houses set on fire in Mchesi and finally
saw police encroaching into the Lilongwe CCAP campus where the CSO leaders were
seeking refuge and start beating them. I saw them beating Billy Mayaya, Undule
Mwakasungula, Peter Chinoko and Nancy Tembo at Lilongwe CCAP campus.”
3.3.3 Vendors
The Vendors as a grouping did not play any role before, during and after the 20th July
demonstrations save for guarding their property in their stalls from possible looters. According to
the vendors, they did not take part in the demonstrations as they were not clear as in whose
interests the protests were to be conducted. This, according to the vendors, was in light of the
direct involvement of some opposition political party figures whose motives were questionable.
In addition, the planners of the protests did not consult the vendors’ grouping as one of the
integral interest groups within the framework of the civil society.
The vendors said that they expected nothing short of violence related to the demonstrations. This
is because there were continuous reported disagreements between the CSO leaders and the
Government on holding the demonstrations and the appeals from CSOs were suspicious. In
espousing this view one of the vendors that was interviewed said;
“Ife ma venda tinadziwiratu kuti kudzakhala dziwawa chifukwa atsogoleri amabungwe
amene amatsogolerera zionetserozi anali ndi phuma ndi mkwiyo pakukonzekera kwawo.
Iwo anawuza anthu kuti adzavale zovala zofiira kusonyeza kuti kudzakhetsedwa mwazi
koma chonsecho amati zionetserozi zidzakhala zopanda chiwawa. (We vendors
envisaged the violence due to the fact that the leaders planning the demonstrations were
very emotional, temperamental and angry in their preparations for the demonstrations.
26
They made an appeal to people to wear red clothes, symbolising that there would be
bloodshed, and yet they dubbed the planned demonstrations peaceful and violence-free)”
Vendor
The vendors also observed that the events that surrounded the demonstrations also created room
for thieves who normally rob people and break into property at night, to loot and steal in broad
daylight. In the view of the vendors, the demonstrations were poorly planned, hence the violence
that ensued.
3.3.4 Politicians
The mass demonstrations that occurred on 20th July, 2011 also involved participation of
politicians from different political parties in opposition. Most of these politicians openly
expressed support to the idea of conducting the demonstrations or indicated their readiness to
participate in the demonstrations as shown in the situation profile. The level of participation of
these politicians differed on individual levels. MHRC interviewed the political leaders who
participated as individuals or on behalf of their respective parties. The following paragraphs
highlight roles by different political parties and/or politicians in the demonstrations.
The Malawi Congress Party
According to the Malawi Congress Party (MCP), mass demonstrations were inevitable in view of
the situation in Malawi over the past year(s). MCP spokesperson, Ms. Nancy Tembo, observed
that in the nine months that preceded the demonstrations, the MCP and other opposition parties
had been raising issues of national concern with Government. These issues had as at that time
not been addressed as expected by Malawians. In this regard, the MCP raised examples of: issues
of the change of the national flag; the amendment of section 46 of the Penal Code, and
amendment Police Act to put in place a provision which authorizes the Police to conduct
searches without warrants; the suppression of academic freedom and Malawi’s relations with
donors. She pointed out that the MCP accordingly advised the Government on the need for
dialogue with the population to avoid national discontent.
In view of the above, the opposition parties were therefore interested when the CSO organized
the nationwide demonstrations and opted to participate. In the view of the opposition the
Mutharika Administration is not a listening Government and the only way to send a strong
message to the Government was by staging mass demonstrations. Thus the major role played by
the opposition political parties was to mobilise their supporters to join all other Malawian in
presenting the petitions to the relevant authorities.
27
The Democratic Progressive Party
MHRC also interviewed the DPP Regional Governor for the South, Mr. Noel Masangwi. He
condemned political parties for wooing political party supporters to join the demonstrations,
since participation in the demonstrations according to him was on an individual choice. He
further condemned the MCP president and observed that the MCP was actually planning to
topple the Government through the demonstrations.
The People’s Progressive Movement
Mr. Mark Katsonga Phiri, president of People’s Progressive Movement (PPM), indicated that he
participated as a concerned citizen because the demonstrations were genuine and democratically
justified as a constitutional right for every Malawian. He felt the opposition parties were justified
in giving support to the wishes of the masses of which among others was to have a well governed
country. He condemned the threat that he received which included:
An attack on his property (the burning of an AXA deluxe bus) on Tuesday, 26/07/11;
Threats to his company’s drivers;
The prohibition of AXA Buses from using Public Bus stations, for instance, AXA buses
are not allowed to Wenela and Mzimba Public Bus Stations.
28
The Peoples Development Movement
Mr. Harry Mkandawire of Peoples Development Movement (PDM) now in Peoples Party (PP),
participated in the demonstrations that took place in Mzuzu. He said that he took part in the
demonstrations because he was sharing the same concerns that the CSOs were advancing. He
said that he had earlier on raised most of these issues with the President when he was the
Northern Regional Governor for DPP. He said his observations were not heeded to and he was
eventually fired from the Party. He said that he was convinced that the demonstrations would be
done without disturbance from Government considering the thorough preparations that were
done on the part of the organizers in consultation with the Government authorities.
He, however, attributed the violence that followed to the injunction that was obtained at the
eleventh hour stopping the demonstrations. This led to the Police stopping the demonstrators that
had already started the marching. He observed that the Police used teargas and live bullets to
disperse the crowd. He also said the Police did not act professionally in handling the irate
demonstrators which led to the death of 9 persons and injury of 21 others as recorded at Mzuzu
Central Hospital.
3.3.5 The Media
The media played various roles in the period prior, during and after the demonstrations. The
media wrote and broadcasted various issues surrounding the demonstrations, most of which are
captured in the situation profile above.
On 20th July, journalists from various media houses were on the ground sending information to
radio stations as the events unfolded. The journalists had been introduced to the Police at the
outset to ensure their security and safety as they carried out their work. However, as the crowd
grew agitated with the delay in the commencement of the demonstrations, the Police started
throwing tear gas, at which point the journalists dispersed. In the process some journalists ended
up at the Lilongwe CCAP campus. When the Police invaded the premises around 2.30 p.m.,
journalists such as Mr. Amos Gumulira, a photojournalist with The Nation newspaper were
beaten by Police officers with gun butts. In the case of Mr. Amos Gumulira, his attempts to avoid
being hit resulted in him being hit at the back of his head where he sustained a deep cut. He
indicated that the cut was a 5cm deep cut and took seven stitches to be fixed through medical
attention. Another media personnel Mr. Isaac Kambwiri of Capital Radio also sustained a deep
cut on his head and was treated at Kamuzu Central hospital.
29
Other journalists also gave accounts of first hand information on what they viewed as the
excessive use of force by the Police in managing the crowd. The journalists include: Mr.
Winston Mwale of Zodiak Broadcasting Station, Mr. George Thawe of Guardian Newspaper,
Ms. Rebecca Chimjeka of Joy Radio, Mr. Kondwani Munthali of the Nation Newspaper and the
Chairperson of the National Media Institute of Southern Africa, Mr. Anthony Kasunda who
witnessed similar incidents in Blantyre City. In Mzuzu, similar events took place where police
fired tear gas at demonstrators and arrested one journalist, Mr. Collins Mtika, and charged him
with assaulting a senior police officer. The court, however later on released him unconditionally.
Radio stations such as privately-owned ZBS, Capital FM, JOY FM Radio and MIJ FM had been
chronologically broadcasting events of the demonstrations as they unfolded at all the venues. The
radio stations went as far as providing information to road users, in a bid to inform motorists of
the routes which had been crowded and hence holding the potential of being volatile. According
to the interview with Mr. Alaudin Osman, Managing Director of Capital Radio FM, the Malawi
Communications Regulatory Authority (MACRA) called Capital Radio by phone and requested
the station to stop covering the live broadcasts of the demonstrations.
MACRA Chief Executive Officer, Charles Nsaliwa, informed the radio station that he had
received intelligence reports that the broadcasts by the radios were fuelling the situation. This
message was also sent to ZBS, JOY FM RADIO and MIJ FM through a phone call which was
later on followed by a fax. MACRA later shut down Capital FM radio, JOY FM RADIO and
MIJ FM allegedly after MTL refused to shut down the stations. The radio stations were shut off
30
for 4 hours. ZBS was not shut down as the radio station had switched on to live coverage of the
public lecture by the State President, Professor Bingu wa Mutharika.
MACRA representative said the regulator was prompted to switch off some of the private radio
stations on July 20, 2011 because the manner in which the events were being aired on the radios
was agitating and inciting violence. MACRA indicated that the directive followed a warrant that
the Police had obtained from the High Court. MACRA believe the directive was justified in
accordance with section 52(2) of the Third Schedule of the Communications Act, that the radio
stations were deemed to have violated as they were not exercising due care and sensitivity
because they were inciting violence. MACRA said the manner in which radios were broadcasting
the live events of the July 20 demonstrations was in breach of the above, thus the intervention of
the regulator.
The radio stations indicated that the action by MACRA led to the creation of uncertainty on the
part of the general public who had been following the events from the radios. Furthermore, the
closure created intimidation and undue regulation by the regulatory authority of information that
radio stations can relay to the general public.
On the part of the state media, the Malawi Broadcasting Cooperation (MBC) also played a role
in airing the events surrounding the demonstrations. In the days prior to the scheduled
demonstrations MBC featured DPP members, traditional leaders some religious leaders and
some selected business people who talked against the demonstrations. The stations propagated
messages that the demonstrations were aimed at advocating for popularization of the gay
movements.
On the eve of the demonstrations, the state media stations broadcasted about the injunction that
had been obtained stopping the demonstrations. However, when the injunction was vacated, the
state media stations did not feature this information.
According to the Director General of Malawi Broadcasting Corporation, Mr. Bright Malopa, he
accused some CSOs leaders of politicizing the demonstrations. He acknowledged that there
were some leaders with genuine concerns but others had ill motives against the Government. He
said that dialogue should have been given a chance before taking to the street. He further
informed MHRC that his institution’s efforts to engage some of the CSOs proved futile as the
leaders did not respond positively to approaches by his institution.
The Director General also supported MACRA’s move to close some private radio stations from
covering live the proceedings of the demonstrations. He said that the live broadcasting of the
demonstrations fuelled the violence in some areas that would were otherwise peaceful.
3.3.6 Malawi Police Service (MPS)
The Malawi Police Service (MPS) is constitutionally and statutorily duty bound to protect lives
and property in Malawi. Sections 152 and 153 (1) of the Constitution establish the Malawi Police
31
Service as an independent organ of Government with a mandate of protecting public safety and
the rights of the people of Malawi.
The MPS was duly informed of the intention by CSOs to organise peaceful demonstrations on
20th July 2011. The organisers in the different parts of the country engaged the Police and
District Commissioners or City Assembly Executives, during the planning and furnished them
with information of the proposed routes for the demonstration. In Zomba the organisers met at
the Eastern Regional Police Headquarters; in Blantyre at the Blantyre City Assembly Office; in
Lilongwe at the District Commissioners office and in Mzuzu at the Northern Region Police
Headquarters. The MPS was also duly informed of the plan by a group of DPP supporters to
stage a counter demonstration in support of Government and the move of some DPP supporters
who drove through the City of Blantyre wielding machetes on the day before the demonstrations.
The MPS was not seen to react to the action by the DPP supporters, i.e. either condemning or
acting on the information. Instead, the then MPS National Spokesperson Willie Mwaluka was
reported by the media as stating there would be one demonstration on 20th July.
The Police had knowledge of the injunctions that had been obtained by concerned citizens both
in the Blantyre and Lilongwe High Court against the planned demonstrations on the eve of the
demonstrations. As such in the morning of the appointed day, the Police engaged in actions
aimed at stopping the demonstrators from marching as previously arranged. For example, while
the injunction obtained in Lilongwe was not served on the demonstration organisers, the MPS
had a copy of the same and the Commissioner of Police, Mr. Nyongo, actually showed the
organisers the copy of the injunction on the morning of 20th July, 2011. The effect of this
development was a heightened tension and agitation on the part of the people who had gathered
to participate in the demonstrations.
Reportedly, the MPS held several internal meetings at headquarters and regional level. The
operation at national level was being led by Senior Deputy Commissioner Chigwenembe.
However information indicates that the Inspector General of Police did not provide direction in
the operation. While it was clear that there would be national wide demonstrations on 20th July,
2011, the Inspector General of Police left the country for a meeting in South Africa a week
before and returned on the afternoon of Monday, 18th July, 2011, 48 hours before the
demonstrations. The developments surrounding the demonstrations also show that there was no
uniform approach by the MPS in the all the four regions on how to deal with the demonstrations.
Information also indicates that many police officers were given guns, teargas, rubber bullets and
blank bullets, and a good number of Police officers were given live ammunition on the day of the
demonstrations. An incident was reported in Mzuzu of Assistant Commissioner of Police, Mr.
Maluwa, who was kicked and beaten by the demonstrators. The Assistant Commissioner fell and
fainted and was rushed to hospital for medical attention. In another incident, Sergeant Kalonjele
was attacked and he suffered multiple injuries. The Personal Secretary to the Deputy
Commissioner of Police was also reportedly attacked. These incidences prompted police
management to release massive live ammunitions to police officers which were eventually used
and led to the injuring and killing of civilians.
32
In Lilongwe and Blantyre, live ammunition was supplied to police officers in addition to tear
gas, rubber and blank bullets on 21st July 2011. There were cases where a police officer could be
given 10 live bullets and only two teargas canisters on 21st July thereby promoting the use of live
ammunition and not other lesser incapacitating equipment.
In Karonga, police officers were deployed to control the crowd during the demonstrations,
however when it turned violent, they were deployed to protect property and life of innocent
citizens in town.
“As Police authorities in Karonga, we did not order our officers to shoot down the
suspects or the demonstrators. We have strong belief that those officers did so by
themselves.”
Station Officer, Karonga
Karonga police indicated that when officers were deployed on the night of the 20th July to
continue patrolling the town and quell any incidences of continued looting or destruction of
property, they were equipped with guns and live ammunitions but they were ordered not to shoot
at people. The Police indicated that as a practice, ammunitions are given out in readiness for any
attack by armed robbers.
3.3.6.1 Police Response and Resources Deployment
The Police in different Districts employed different approaches in managing the demonstrations.
First, Police mounted road blocks in various city entry and exit routes on 20th July, 2011 to
prevent people from going to demonstration sites. The restraint led to anger and frustration,
which fuelled the agitation and looting especially in Lilongwe. In Blantyre the delayed march
frustrated people and culminated in uncontrolled marching and looting.
Another approach involved dialogue and engagement between the demonstrators (especially
leaders) with the Police, particularly in Blantyre and Zomba. This assisted in controlling the
crowd and ensuring a peaceful atmosphere. However, in Blantyre the peace did not last long as
the protracted delay in the commencement of the march agitated the demonstrators. In Zomba
the dialogue bore positive results with the district not recording any incidences of violence.
In Lilongwe and Mzuzu, Police mostly adopted a confrontational approach that failed to control
the crowd resulting in the violence and looting. Police officers agree that failure to engage
leadership of demonstrators in an open and constructive manner and opting to disperse the crowd
led to increased violence in Lilongwe and Mzuzu.
Evidently, the Police lacked appropriate resources for responding to peaceful demonstrations as
manifested through the general tendency to use of live ammunition as opposed to rubber bullets.
Replenishment of ammunition had to be collected from Police Headquarters in Lilongwe. The
MPS deployed fewer vehicles despite the escalation of violence. This resulted in failure by the
Police to effectively control and manage the various violence sites and to promptly respond to
emergencies.
33
Furthermore, the response by the Police demonstrated poor planning for a timely response to
demonstrations in accordance with the guidelines for dealing with riots as provided for in the
Police Act. For example, in Lilongwe an incident was reported around Falls Estate where a
police vehicle developed a mechanical fault on the day of the demonstrations and the four police
officers were stoned by people and had to be rescued by another MPS team. In Blantyre it was
not uncommon to see police officers being deployed on foot to quell the situation. Given the
inadequacy of resources and poor planning in some cases, some police officers resorted to
abandoning sites fleeing from demonstrators or going into hiding. The situation was
compounded by the fact that a good contingent of police officers was deployed to State House
where the President was delivering a Public Lecture.
3.3.6.2 Police Awareness of Possible Consequences of Rioting
Police officers interviewed across the country confirmed that Police were aware of the possibility
of looting and violence as spill over effects of the demonstrations. Some Police officers cited the
1992/1993 demonstrations and the violence that followed. As a result police placed a number of
officers in strategic positions like banks, Chichiri Shopping Mall in Blantyre and Cross Roads
Complex in Lilongwe. Clearly, the Police did not use this knowledge and experience to be more
proactive in planning their responses, in comprehensively strategizing to be present at all
potentially volatile areas by deploying relevant personnel to those areas.
3.3.7 Other Government Departments
The Ministry of Local Government through the offices of respective District Commissioners
(DC) reported that they did not have any role in the planning of the demonstrations. MHRC
interviewed the DC of Lilongwe who indicated that their involvement in the demonstrations was
at the last minute when a meeting was held and agreed upon for demonstrations to take place.
The DC for Lilongwe further indicated that they did not play any major role on 20th July 2011.
The DC further indicated that after the demonstrations, his office received an instruction from
the Office of the President and Cabinet to provide a coffin, transport and K30, 000.00 for funeral
arrangements to respective deceased families whose relations had died during the
demonstrations. The DC’s office observed that in taking this step, Government may be setting
precedence where incidences of deaths of people in the course of demonstrations would place
Government in a position to make provisions for the funeral arrangements. The DC further
pointed out this action could also be construed as an admission of responsibility on the part of
the Government. The DC’s office in Lilongwe made sure all corpses resulting from the July 20th
and 21st shootings were identified by relatives and post-mortems were performed before bodies
were taken for burial.
34
3.4
Root Causes and Triggers of the violence
3.4.1 Stakeholders Perceptions
Various stakeholders gave their views on what led to the violence during and after the 20th July
demonstrations. The views are captured in the table below:
35
TRIGGERS
STAKEHOLDERS
OBTAINING OF
INJUNCTION BY
A PRIVATE
CITIZEN
STOPPING THE
DEMONSTRATIO
NS
THE PRESENCE OF
DPP YOUTH
CADETS ON THE
STREETS OF
BLANTYRE ON 19TH
JULY
THE DEFENSIVE
STAND OF THE
GOVERNMENT
AGAINST
CRITICISM AND
ADVICE
THE AGGRESSIVE
RESPONSE BY THE
POLICE ON THE
DEMONSTRATORS
POOR
PLANNING OF
THE
DEMONSTRAT
ION BY CSOS
PEOPLE
TAKING
ADVANTAGE OF
THE
LAWLESSNESS
IN THE
COUNTRY
INVOLVEMENT OF
POLITICIANS AND
THE USE OF THE
DEMONSTRATION
FOR
PROPAGANDA BY
POLITICIANS
THE
AUTHORISATION
OF COUNTER
DEMONSTRATION
ON THE SAME DAY
OF THE CSO
DEMONSTRATION
CSO
Yes
Yes
Yes
Yes
Yes
Politicians –
Opposition parties
Yes
Yes
Yes
Yes
Yes
Politicians – DPP
Yes
Yes
Yes
Yes
Yes
Yes
Vendors Association
Yes
Yes
Church leaders
Yes
Yes
Yes
Yes
Yes
Private media houses
and individual
journalists
Yes
Yes
Yes
Yes
Yes
Police
Yes
Yes
Yes
Yes
Yes
Yes
MACRA
Victims and relatives
INCITEMENT
OF VIOLENCE
BY THE
PRIVATE
MEDIA
Yes
Yes
Yes
Yes
Yes
Yes
36
Yes
Yes
3.4.2 Triggers according to MHRC
In addition to the underlying causes discussed in the preamble, MHRC observes that
several factors acted as the proximate causes and actual triggers of the violence on the
20th and 21st July 2011. MHRC in its monitoring has established that several factors may
have triggered the violence that erupted on 20th July 2011 demonstrations that spilled into
21st July 2011. These factors started before the CSO organizations decided to hold
demonstrations. These factors contributed to the staging of demonstrations by the CSOs.
Some of these factors have also been highlighted in the press statement issued by MHRC
on 26th July 2011.
3.4.2.1 Non-violent causes
There is a litany of non-violent causes that led to the deterioration of the situation
including: the scarcity of fuel; the shortage of foreign exchange (FOREX); the
monopolization of the public media by the ruling DPP; threats to human rights defenders;
the passing into law of Bills deemed to be undemocratic or oppressive such as section 46
of the Penal Code Amendment Bill and the Civil Procedure (Suits by or Against the
Government or Public Officers) Amendment Bill, popularly known as the Injunctions
Bill; the high-handed manner of the promulgation of some laws in Parliament without
due consultations with the people and sometimes without regard to contrary views on the
same, for example, the Protected Names, Flags and Emblems Amendment Bill and the
Injunctions Bill; poor diplomatic relations, leading to the expulsion of the British High
Commissioner by the Government and the subsequent cutting of aid to Malawi by Her
Majesty’s Government; the ostracization of the office of the Vice President by the ruling
DPP and the undermining of the independence of the Judiciary; unchecked land pressure
problems which escalated cost of land resulting in a high cost of living; a protracted
stand-off between Government and some University Lecturers over the issue of the
guarantee of academic freedom, leading to closure of the two constituent colleges of the
University of Malawi; unnecessary infringement on human rights, particularly the right
to hold peaceful demonstrations as guaranteed in the Malawi Constitution; the
politicization of the role of traditional chiefs; nepotism bias or tendencies; the
introduction of quota system in education which has been extended to secondary school
level; among other causes.
Much as they are non-violent, the factors listed above have implications on human
security and development, are structural and embedded in socio-economic, legal and
political sectors and are evidence of poor economic and democratic governance. MHRC
has on several occasions raised these issues with concerned authorities including
Government, and has proposed remedial measures.
37
Government’s continued inability to objectively and effectively address the issues
outlined above, and resorting to defensive, face-saving stances led to a build up of
dissatisfaction and frustration on the part of the Malawi populace.
MHRC further observed that intolerance on the part of Government to the plan by
concerned people in Malawi to express contrary views on issues of national importance,
through the holding of peaceful demonstrations, was evident through various actions like
the holding of a public lecture by the President as a parallel event on the same day of the
planned demonstrations. Furthermore, the acquiescence to the moves of a group to
counter the planned peaceful demonstrations that drove through the city of Blantyre in
the ruling DPP vehicles brandishing machetes and other instruments. This demonstrated
the apparent bias on the part of the Government.
The airing of inflammatory messages on MBC radio and television and demonization of
the demonstrations linking them to gay rights movements and opposition parties and
airing of propaganda by the public broadcaster including giving more airtime to DPP for
their propaganda showed bias and confrontational attitude by Government.
Delay by the Government machinery to grant permission to demonstrate greatly
contributed to the situation. The Civil Society received formal authorization for the
demonstration quite late in the afternoon. MHRC interviewed the District Commissioner
of Lilongwe who has the mandate to give permission to any group to demonstrate. He
indicated that in this case, his role was to provide permission to demonstrators through
the Civil Society. However, there was confusion as to where the request would be
delivered. At first it was delivered to the Chief Executive of the City Council. On the
following day, the request was delivered to the DC. Upon receiving the request, the DC
called for a meeting for all concerned parties like the CSO, the Police and the City Chief
Executive to map the way forward. As events unfolded, it was observed that no
institution was prepared to claim the responsibility of restraint in the granting of
permission to march and assure the security of demonstrators. For example the Police
kept on referring to each other as to who was rightly placed to make the decision on how
to respond to the demonstration. There were so many conflicting directives to grant
permission and the situation was worsened by the announcement of another
demonstration by pro-government marchers. This brought confusion on how best to react
and manage the demonstrations. The DC indicated that the final decision was left with
the Ministries of Home Affairs and National Defence and the Local Government.
The eventual obtaining of injunctions stopping the planned demonstrations by concerned
citizens led by Mr. Chiza Mbekeani in Lilongwe through lawyer Mathews Chidzonde
granted by Justice Chifundo Kachale, of restraining both pro-and anti-government
demonstrations, played as the final major activator of the violence that characterised the
demonstrations. Similarly, in Blantyre, James Willie and Rodrick Makapu through
lawyers Denning Chambers obtained injunction before Justice Healy Potani stopping the
demonstrations. The granting of the two injunctions was the major trigger of the violence
that ensued. The Police had earlier prepared and announced that they would provide the
necessary protection and security to the demonstrators only to be taken unawares to
38
change their strategy to engage in stopping the demonstrations. Similarly, the
demonstrators were largely left with no choice but anger, frustration and agitation when
the demonstrations were stopped at the eleventh hour through the injunctions.
3.4.2.2 Violent causes
The Police also played a role in triggering the violence. For example, when people
assembled at Lilongwe Community Centre the Police came and dispersed them with
teargas and scared them by shooting in the air. The group was in turn angered and took
advantage of the situation and started breaking property including setting ablaze Police
officers houses in Mchesi and looting of shops and vandalizing banks in different
townships.
In Blantyre, the Police started firing tear gas and rubber bullets on some people that had
diverted from the proposed route of the demonstrations and started to loot shops. The
violence that ensued spilt over to the demonstrators that were matching peacefully
resulting in commotion.
In Karonga, the Police failed to control people who had broken away from a larger crowd
with the intention of looting. Lack of proper planning skills and lack of appropriate and
adequate equipment like rubber bullets and others needed to deal with situation of this
nature for public order management led to the Police mishandling the situation.
Interviews with various officers indicated that some police officers also lack competency
in the use of firearms with regard to avoiding deaths of people or suspects who are not
armed.
Generally people that had gathered to demonstrate became impatient and agitated due to
waiting for the demonstrations to commence. This also acted as a trigger for violence. In
Lilongwe and Mzuzu, the Police’s actions in using teargas to disperse the impatient
crowds led to retaliations of various kinds including attacking and beating up Police
officers, the setting ablaze of Police and DPP vehicles, burning of houses and property of
Police officers in Lilongwe, looting, thefts and robbery, vandalizing and burning of
property such as banks, grocery shops, property of those deemed to be linked to the
ruling DPP such as the Chinese, Mulli Brothers, DPP Officials.
In Karonga, looting was coordinated as some people who had joined the group of those
who organized the demonstrations started withdrawing from the ground where organizers
were addressing them and they rushed into town where they started looting shops. The
Police tried their best and managed to arrest 36 suspects who included 8 women and 28
men. They were all charged with malicious damage and theft and were later granted court
bail and ordered to pay surety of MK3, 000 each. At the time of the investigations, four
suspects were still in custody because they failed to pay the bond. The Karonga
Magistrate Court was expected to deliver judgments soon.
39
The violence in Lilongwe was exacerbated by lack of leadership in controlling crowds as
Civil Society leaders had been hiding at Lilongwe CCAP church waiting for the
injunction to be vacated.
3.5
Effects of the Violence
The following paragraphs discuss the effects of the violence that ensued from the
demonstrations.
3.5.1 Deaths of Civilians
The demonstrations led to the loss of life of 20 people (see tables below). Two people
died in Blantyre, 1 person died in Karonga, 7 people died in Lilongwe and 10 people died
in Mzuzu. As of 22nd July, 9 people had died in Mzuzu. The tenth person died a few
weeks after 20th July. The tables below show the people that died and the causes of their
deaths as indicated in their respective medical records that MHRC accessed in the course
of the investigations.
40
Victims brought dead to Kamuzu Central Hospital, Lilongwe
No
1
2
Name
George Thekere
Lovemore Navira
Age
21
19
Sex
Male
Male
3
Luka Ignasiyo
38
Male
4
Michael Ayami
36
Male
5
6
7
Elida Kampira
Edward Phiri
Unidentified
24
24
Female
Male
Male
Diagnosis
Died of severe head injury due to gun shot
Died of haemorrhagic shock due to gun
shot
Died of haemorrhagic shock following
gunshot; crush fractures to the bilateral
femur; severed genetalia.
Died of haemorrhagic shock following
gunshot injuries
Died of gunshot
Died of gunshot on the fore head
Home district
Chiradzulu
Thyolo
Dedza
Mangochi
Lilongwe
Ntchisi
One dead body remained unidentified at the morgue as of 23rd July, 2011. According to
records at the mortuary, all these dead bodies were deposited at the morgue on 21st July
2011, a day after the planned demonstrations.
Persons who died at Mzuzu Central Hospital
41
No
1
Name
Chimwemwe Ngwira
Age
21
Sex
Male
2
King Msuku
43
Male
3
Adam Banda
35
Male
4
Charles Chibambo
33
Male
5
Abel Kanyenda
19
Male
6
Jacob Nyangali
25
Male
7
Julius Kaunda
55
Male
8
Aaron Chilenje
30
Male
9
Samson Ngulube
23
Male
10
Timeyo Juwa
26
Male
Report
Died either of Asphyxia due to teargas or
Hypoxia due to cardiologic shock or
Hypoxia due to respiratory distress.
Died of severe haemorrhage due to possibly
gunshot and penetrating deep wounds on the
chest.
Died of severe haemorrhage due to gunshot;
deep penetrating wound on left neck and
upper jaw.
Died of severe haemorrhage due to gunshot;
deep penetrating wound on mid thoracic
region; one entry wound.
Died of ruptured viscera, spleen and
stomach due to gun shot. Radial pellets on
the chest x-ray compatible with bullets.
Died of severe haemorrhage due to gunshot;
deep penetrating wounds on thoracic region.
Died of head injuries possibly due to
gunshot; penetrating deep wounds on direct
left ear and skull; bleeding from ears and
nostrils.
Died of severe bleeding due to gunshot;
open fracture on left femur; massive tissue
destruction on left thigh.
Died of ruptured viscera-Liver with severe
haemorrhage due to gun shot.
Died a week after 20th July due to injuries
sustained from gun shots
42
District
Mzimba
Nkhata bay
Lilongwe
Mzimba
Mzuzu
Mzimba
Mzimba
Mzimba
Mzimba
Mzimba
Persons who died in Karonga
No
1
Name
Mabvuto Banda
Age
35
Sex
Male
Status
Open wounds on the left upper lobe of the lungs
and upper aspect of the liver. Bullet was found
buried in the chest muscles.
District
Karonga
Persons brought dead/died at Queen Elizabeth Hospital, Blantyre
N
o.
1
2
Name
Wound Type
Age
Resident Area
Ward
Joseph Lingimani
John Mora
Gun shot
Gun shot
25
13
Ndirande
Ndirande
Dead
Dead
The bodies of these two victims had already been removed from the hospital’s mortuary
by their relatives at the time MHRC visited the hospitals. MHRC was informed that postmortem had not been conducted because relatives of the victims and the Police had not
requested for it.
When reports of casualties resulting from demonstrations related violence came out,
followed by the angry response from the general public, the Government through Office
of the President and Cabinet (OPC) responded by direct District Commissioners (DCs) to
facilitate the process of assisting all those families whose relatives were killed during the
demonstrations. OPC procured coffins, provided transport and K30, 000.00 to each
bereaved family for other funeral-related purchases. The DCs were further tasked to help
relatives in identifying their bodies at the mortuary with the help of the Police. Hospital
mortuary staff was directed not to release any body to relatives unless the Police was
present. MHRC officers met the DC for Lilongwe, Mr. Paul Kalilombe, several times at
Kamuzu Central Hospital mortuary disbursing monies to bereaved families and making
logistical arrangements for transport.
In Mzuzu, the office of the Chief Executive of the City offered coffins and transport to
various destinations for the burial of the victims of the demonstrations. However, when
the organizers of the demonstrations agreed to bury all the victims but one, at one
graveyard, the Chief Executive officer of Mzuzu City Assembly did not honour the offer
to provide coffins for the deceased persons.
3.5.2 The wounded and hospitalized
Organisers, politicians, journalists and demonstrators sustained injuries and wounds
resulting from the violence that took place on the 20th and 21st July 2011. Organisers like
Peter Chinoko had a broken arm from the beating by the Police. Politicians like Nancy
Tembo had bruises on her face, lips and fore arm from the Police beating. People were
beaten with gun butts, baton sticks, kicked and slapped. Some police officers also
sustained injuries after being beaten and stoned by the protesters. There were other
43
victims who also sustained injuries after falling into a ditch while running away from the
Police. Some were injured by the stampede in the commotion by the protesters. There
were some who indicated that they were hit by motorists who had found themselves in
the midst of the chaos.
Most of the victims received medical attention from either Red Cross or from hospitals.
Those who received medical treatment from the hospitals were as follows:
Blantyre
Queen Elizabeth Central Hospital
No.
1
2
3
4
5
6
7
8
9
10
11
Name
Philip Mkutu
Francis Songweje
Evance Mtethe
Dean Zulu
Imani Zabula
Mphatso Mphoka
Griven Medi
Tenson Luhanga
Lackmore Misi
Chancy Chibaka
Madalitso Seyani
Wound Type
Deep cut
Cut
Multiple bruises
Gunshot
Gunshot
Gunshot
Gunshot
Gunshot
Gunshot
Gunshot
Gunshot
Age
26
22
51
42
15
25
37
15
18
24
16
Resident Area
Chemusa
Chimwankhunda
Nkhumbe
Mbayani
Chirimba
Chirimba
Chirimba
Chirimba
Chirimba
Chilomoni
Chilomoni
Ward
Out-patient
Out-patient
Out-patient
Out-patient
ICU
ICU
5A
5A
5A
5A
5A
Mzuzu
Mzuzu Central Hospital alive
No
1
2
Name
Robert Kuwali
Timeyo Juwa
Age
34
26
Sex
Male
Male
Diagnosis
Gun shot
Gun shot
3
4
Marko Simkonda
Alfred Ngulube
13
15
Male
Male
Gun shot
Gun shot
5
Wongani Kasambala
22
Male
Gun shot
6
Aron Chitenje
Male
Gun shot
7
Elia Munthali
Not
known
15
Male
Gun shot
8
9
10
11
Mary Kasale
Mphatso Gondwe
Golden Kalua
Andrew Nyasulu
14
13
38
17
Female
Female
Male
Male
Gun shot
Gun shot
Gun shot
Gun shot
12
Winstone Mpuluka
26
Male
Right hand cut
44
Status
Operated on
Operated on (he
died weeks after
20th July)
Operated
Operated on and
right
leg
amputated
Wound treated
and discharged
Died
after
operation
Wound treated
and discharged
Bullet retrieved
Wound
Operated on
Wound on the
right shoulder
Wound
and
Home district
Nkhata bay
Mzimba
Chitipa
Mzimba
Not known
Karonga
Mulanje
Karonga
Not known
Mzimba
Chiradzulu
13
Mary Wilson
13
Female
14
Abel Kanyenda
25
Male
Fracture
sustained while
running
Gun shot
15
Esther Phiri
21
Female
Gun shot
16
17
18
27
29
31
Male
Male
Male
Gun shot
Gun shot
Gun shot
19
James Phiri
Steven Soko
Chaofu
Mwandemange
Samson Ngulube
43
Male
Gun shot
20
21
Alex Jabili
Chiza Mwanganya
25
35
Male
Male
Gun shot
Swollen elbow
due to trauma
tendon repair
Back slab
Mangochi
Died
after
operation
Wound
debridement
Bullet removed
Wound
Operated on
Mzimba
Died
after
operation
Operated on
X-ray
and
treated
Mzimba
Karonga
Unknown
Mzimba
Mzuzu
Mangochi
Mzuzu
Note: among the 21 patients who were admitted; 17 were males, 4 females.
Karonga
Karonga District Hospital
No
1
2
3
4
5
Name
Madalitso Mponda
Chancy Mwanyongo
Michael Mwambila
Kondwani Jere
Winfred Ngosi
Age
17
22
26
34
18
Sex
Male
Male
Male
Male
Male
6
7
8
Owen Sichali
Ella Ndileke
Bertha Ndileke
17
18
19
Male
Female
Female
Status
Shot on the left hand
Shot on the left femur
Shot on the left proximal arm
Shot on the left thigh
Shot on the right femur and
thigh
Shot on the cheek
Shot on the left foot
Shot on the calf of the right
leg
District
Karonga
Karonga
Karonga
Karonga
Karonga
Karonga
Karonga
Karonga
The majority of the victims were shot while going about their businesses in their home
premises or when they were pursuing personal errands around the locations of Karonga.
One of the most unfortunate incidents is the shooting of two girls from one family of Mr.
Ndileke who were both shot on 20th July 2011 at home while they were preparing to
retire from that day’s business at home. The family lives in Mahimba area in the district.
Around 19.30 they heard sounds of gun shots. The two girls went about with performing
their household chores, i.e. shifting domestic utensils into the house when both of them
were shot while on the veranda as they were stepping into their house. Ella Ndileke aged
18 years was shot on the foot and the bullet was removed at the hospital by Mr. Manda
(Clinical Officer) who operated on her and kept the bullet. Bertha Ndileke aged 19 years
was shot on the calf muscles of the right leg and the bullet went through her leg.
45
On 21st July, the girls’ father reported the incident to Karonga Police Station where the
Police took his statement and told him that they would investigate the case. He also
reported the incident at Ipiana Police Mobile Camp on the same day. At the time of
MHRC’s investigations Mr. Ndileke had not received feedback from the police.
In another incident, Kondwani Jere was in the evening of 20th July 2011, shot on the
upper knee area at Baka location in Karonga District at around 20:00 hours. As he bled
heavily he and other two victims were picked up to be taken to a police station by police
officers. They were accused of being suspects in the vandalism. One of the police officers
objected and recommended that they be taken to the hospital since they were bleeding
heavily. The Police officers visited him and the other victims the following morning to
see their condition and did not say anything regarding their situation. At the time of
MHRC’s investigations, the Police officers had not made any follow ups on the matter.
MHRC received information regarding the Police officers who were identified by the general
public to have either assaulted or shot dead some of the above victims. The existence in Lilongwe
Police district of the following officers was verified and confirmed:
Officer Lobo of Kawale Police Station in connection with the killing of Mr. Thekere;
Officer Nthambala of Lilongwe Police Station in connection with assaulting Lloyd
Simwaka;
Officer James Munthali of Lilongwe police Station in connection with assaulting Davis
Luhanga;
Officer Chirambo of Lilongwe in connection with assaulting CSO leaders;
Officer Elijah Banda of Lumbadzi Police in connection with the death of Edward Phiri;
and
Officer Dyton Phiri of Lilongwe Police Station previously of Chinsapo Police Unit in
connection with the shooting of Dyton Tebulo.
3.5.3 Arrests
It was reported that there were 259 persons who were arrested by the Police on the 20th
and 21st July. Reports also indicate that 19 persons were shot dead by the Police on those
two days in connection with the violence that erupted due to the demonstrations. MHRC
provided legal services to those arrested in Mzuzu. The official figure of all persons
arrested on demonstration related charges in Mzuzu is 147. 82 were detained at an
already crowded Mzuzu Central Prison while the rest were kept in Police cells. Out of the
147, 29 were juveniles and were taken to the Juvenile Court.
MHRC worked with lawyers, Victor Gondwe and George Kadzipatike, representing the
CSO on 4 cases and 57 people were released on 25th July 2011 as follows:
The first case was that of Collins Ntika. He was charged on 2 counts. MHRC
joined the case as amicus curiae. The court granted an unconditional bail to the
suspect.
The second case involved a lady who was singularly charged with the offence of
unlawful demonstration. MHRC joined the case as part of the defence team which
46
comprised Victor Gondwe and George Kadzipatike. The court granted the suspect
unconditional bail.
The third case involved 13 suspects charged in a group with the offence of
unlawful assembly. MHRC defended the case together with Victor Gondwe. The
Court granted bail to the accused persons on a bond of K 2,000.00 and on a
condition that each produces one surety.
The fourth case involved 13 suspects also charged in a group with the offence of
unlawful assembly. MHRC defended the case together with Victor Gondwe. The
court granted bail on a non cash bond of K 2,000.00 and one surety.
Mr. George Kadzipatike represented 29 juveniles at the Juvenile Court. The
juveniles court released the juveniles on a non cash bail bond of K 2,000.00 and
one reliable surety.
MHRC also worked on its own in handling 3 cases before the Senior Resident
Magistrate, His Worship Banda. In total 37 suspects were granted bail unconditionally.
The first case involved 13 women. The second case involved 12 suspects and the third
case involved another 12 suspects.
Mr. George Kadzipatike representing the CSO facilitated the release of 13 suspects. In
total, 147 people were released. MHRC managed to have 65 people released. The rest
were released through the work of lawyers representing the civil society.
In Karonga, the Police arrested 36 suspects who included 8 women and 28 men. MHRC
was not able to establish the number of suspects arrested in Lilongwe and Blantyre due to
withholding of the information by the Police. Efforts to engage the court for total figures
of suspects released on court bail also proved futile as the court referred MHRC to
Lilongwe Police Station Officer. Other Lawyers who assisted the victims during the
demonstrations were Messrs Ralph Kasambara and Wapona Kita of Ralph and Arnolds
Company.
3.5.4 Loss of Property
The demonstration led to the loss of property for many people and companies. MHRC
was not able to establish the exact statistics on those who reported to the Police on loss of
property in Mzuzu, Blantyre and Lilongwe due to the withholding of information by the
MPS. In Karonga, the Police received the following complaints:
47
Victims of property destruction in all areas affected and reported
No
1
Name
Philbert Ngoma
2
3
S/Chief Kalonga
Ministry
of
Water
Development
Mr. Chaponda
4
5
6
7
8
9
10
11
Chipiku Stores
Bata
Shoe
Company
Pep Store
Greenwitch
Total
Filling
Station
Simama
buildings
Mphasa shop
Occupation
Finance
Assistant
(Airtel)
Chief
Age
37
Property destroyed
House hold items
house burnt to ashes
-
Personal vehicle burnt
MG vehicle burnt
Karonga
Karonga
Employee
of
Ministry
of
Water
and
Development
-
-
Personal vehicle burnt
Karonga
-
Chipiku building burnt
Bata shop looted
Karonga
Karonga
-
-
Karonga
Karonga
-
-
Pep store looted
Greenwitch
house
destroyed
Filing Station destroyed
Businessmen
(Chinese
stores)
Airtime seller
-
Shops looted
Karonga
-
Shop destroyed
Karonga
and
Location/District
Mzuzu
Karonga
MHRC however, registered complaints from the general public from people who lost
property or encountered other human rights violations following a public announcement
through various media houses calling on aggrieved persons to lodge complaints or bring
testimonies to MHRC. MHRC received 14 cases on loss of property and economic
activity. Of those who complained, 6 were refugees and 8 were Asians. It was however
noted that Chinese shops were also prominently targeted especially in Karonga. The
pattern of the attacks on property shows that: most of the people whose property was
targeted were believed to have a strong link to the Government; non-Malawian property
owners/businesses were also predominantly targeted. The investigations established that
non-Malawian property/businesses, particularly the Chinese, were predominantly
targeted due to: the proliferation of Chinese owned businesses in Malawi; the perception
on the part of the people that the Chinese shop owners sell their goods and products at a
very cheap price compared to their Malawian counterparts; thereby creating resentment
as people perceive that the Chinese are taking away their businesses and the Government
is not protecting its citizenry.
Most of the complainants who lodged complaints to MHRC on loss of property indicated
that they reported the incidences to the Police. The Police requested them to identify
those who looted their shops. When the complainants failed to do this, the Police
indicated that they have noted the complaints and would investigate.
48
Based on its monitoring and investigations, MHRC also established incidences of looting
and vandalism in the City of Lilongwe’s townships of Kawale, Area 23 and Area 22 (near
Works Training Centre). There were also cases of looting and vandalism at Area 23 of
First Merchant Bank (FMB) and Opportunity International Bank of Malawi (OIBM),
Chipiku Stores and Kulima Gold Agricultural Company, Kawale People’s Superrete,
Biwi Triangle’s Lilongwe Auctioneers and Estate Agents and Area 22’s Pakeezah
Investments Company. Elements of looting were also experienced at Area 25 and
Lumbadzi. Shops such as PTC, Bata, and Chipiku Stores were targeted and Banks such
as FMB, NBS, International Commercial Bank were affected by the demonstrations in
Blantyre; shops and Malawi Savings Bank in Mzuzu.
10 Chipiku stores were completely looted and damaged (1 in Karonga, 1 in Lumbadzi, 1
in Area 23, Area 24, Area 25, Kawale and Likuni in Lilongwe; 1 in Zingwangwa in
Blantyre and 1 in Madisi, Dowa). Mr. Precious Robert Chakwanika indicated in his
interview that Chipiku stores were renting his building in Zingwangwa Township. He
stated that around 10 a.m. on 20 July, 2011, the Sales Manager for Zingwangwa Chipiku
Stores asked for more policemen in order to ensure maximum security at the shop. Only
two Police Officers had been hired to provide security at the Stores. The Complainant
further stated that around 11 a.m., he saw people converging at Zingwangwa Trading
Centre but it was not clear as to their motive. The number of people kept on increasing
until around 3 p.m. when a chanting/singing group of people from Chilobwe Township
came to Zingwangwa Trading Centre. The situation became tense at Zingwangwa
Trading Centre. In no time, a crowd of people led by the group from Chilobwe Township
attacked Chipiku Stores Shop. Police were called in to provide security but failed to
contain the situation. When the situation escalated, Police left the scene including the
two Police officers who had initially been hired to provide security. The victim stated that
by 5 p.m., the shop had been completely ransacked and set on fire. He estimated the value
of the building at close to K6 million.
Two Bata Shoe shops along Haile Selassie Road had window panels smashed by looters
and all the goods on display in the shop (shoes, sandals, socks and polish) were looted.
The Police officers patrolling the area and G4S security officers employed by Bata could
not contain the crowd. The G4S officers subsequently returned and indicated that they
run away from the mob for fear for their lives. At the time of looting, the Police were
nowhere in sight. Both the G4S security officers and the Police arrived after the looters
had fled. But in both shops, the looters only managed to steal what was on display in the
showroom and failed to access the storerooms. Furthermore, no money was stolen from
both shops. Bata conducted a stocktaking exercise on 22nd July where it was found that
goods valued at around K2.2 million were looted in the Shops.
A warehouse belonging to Mulli Brothers was looted and destroyed. There have also
been reports alleging that Mr. Mulli was behind the sponsorship of the Government’s
counter CSO demonstration. A company belonging to Honourable Simon Vuwa Kaunda,
the then Minister for Information and Tourism and Government spokesperson, and now
Minister of Youth, Development and Welfare namely, Lilongwe Auctioneers and Estate
Agents, in Lilongwe, and the Minister’s personal house which was being used as DPP
49
regional office for the North in Mzuzu, were burnt down by angry protesters. A shop
belonging to Mr. Wells Adams (Vinandi), Member of Parliament for Lilongwe City
South West representing the DPP, was burnt down by demonstrators.
Area 23 FMB was completely ransacked
A Malawi Savings Bank ATM in Mzuzu was attacked but the looters who did not
however manage to gain access to the money inside. The International Commercial Bank
in Haile Selasie Road in Blantyre had its windows, worth MK82, 377, smashed on 20th
July by a chanting mob passing through Haile Selasie Road. Further damage was
prevented when Police came in and threw teargas canisters to disperse the crowd.
Interviews with the Operations Manager indicated that the building is insured and the
issue of renovations had been left in the hands of General Alliance Insurance. Other
banks such as NBS Bank (Haile Selassie Road Branch) had ground floor windows of the
building smashed and damaged by persons who were part of the demonstrators. At the
time of the investigations, the NBS Bank had not assessed the cost of the damage.
Furthermore, the Operations Manager indicated that the building that NBS Bank is
occupying is owned by NICO and in his view NBS Bank as a tenant is liable for any
damage to property.
Interviews with the representatives of the banks indicated that the shops and banks were
targeted because people took advantage of the lawlessness and security lapse at this time
50
to gain access to money, basic necessities and other items that could be quickly sold. The
looters also took advantage of the remoteness of the chance for the later identification of
the people that would do the looting and went on to engage in vandalism.
Most of the owners of the shops such as Bata and Chipiku Stores and Banks such as NBS
and International Commercial Bank reported the matter to the Police. It was however
indicated that they had not yet received feedback from the Police on the status of the
police’s investigations into the incidences at the time of MHRC’s investigations. The
Government and the Police also lost property as Government vehicles were torched by
protesters.
Mr. Wakuda Kamanga, DPP Regional Governor for the Centre reported that his party and
some party supporters were victims of violence during and after 20th July demonstrations.
He reported the following victims:
Mussa Saidi in Chinsapo his two houses were looted and destroyed including a
party vehicle he was using and his personal vehicle. He is the District Governor
for Lilongwe;
Mr. Shumba the Regional Secretary, got beaten, his house was destroyed and his
property was looted;
John Wells Adams (Vinandi) whose Superrete was looted and destroyed;
Hon. Vuwa Kaunda’s Lilongwe Auctioneers and Estate Agents shop was looted
and burnt;
Mr. Leston Mulli property at Sunrise Pharmaceuticals was looted and destroyed;
A house of the District chairlady in Mzuzu was destroyed;
Mr. Ng’oma a person without any affiliation to politics had his house looted and
set on fire by an angry mob that was pursuing Mr. Kaferangati Nyirenda a party
member who sought refuge at the former’s compound;
vehicles belonging to the DPP that were destroyed include:
o BN 8135
o BN 8131
o BP 8674
o BP 4209
o BP 4246
3.5.5 Threats on the lives of Human Rights Defenders
There have been reported cases of the organizers being threatened by unknown people.
Organisers such as Undule Mwakasungula and Reverend McDonald Sembereka have
received threatening telephone calls and have been followed by unidentified vehicles.
Interviews with some Police officers in Lilongwe indicated that they are being harassed
by members of the communities and many fear reprisals if the demonstrations were to
take place again. These sentiments were also echoed by the Police officer in charge of
Karonga.
51
3.5.6 Complaints Received at MHRC
Following the demonstrations and the related violence, MHRC, through the print and
electronic media, requested the general public to submit to it any information or
complaints related to the demonstrations and the violence that ensued. The table below
shows the complaints that MHRC registered that were reported either directly by the
victims or through other interested groups and institutions.
52
No
1.
NAME OF
VICTIM
Chokani Mbendera
AGE &
SEX
53, M
PLACE OF
INCIDENT
Kawale 1
2.
Adrian Banda
32, M
Old Town
3.
Madalitso Kapalamula
35, M
Area 36
4.
Hon. Maxwell Lefani Thyolera
38, M
Area 23
5
Paul G.K. Chimtuyange
45, M
Chigwirizano
Trading
Centre
6
Laitoni K. Mauagule
31, M
Petroda
Filling
Station, Area
22
7
Stanley Zakaria
19, M
Lumbadzi
8
Emmanuel Chitema on the death of George
Thekere
37, M
Chilinde 2
53
COMPLAINT
IN BRIEF
He was severely beaten up by Police Mobile Force
officers with a gun at Kawale when he was coming
from his business on 20th July, 2011 around 3 p.m.
He got a fracture on his hand.
He was beaten up by police officers with guns and
boots and was left unconscious.
He is keeping some pictures he photographed at
various places of the riots. Police officers of Bunda
Turn Off Road Block wanted to confiscate his
camera because he was showing the photographs to
the passengers he boarded with in a mini bus without
knowing that there was a police officer in the bus.
He is a member of Parliament of Malawi Congress
Party – Lilongwe North East Constituency. His
building was looted by demonstrators and a lot of
things were vandalized and stolen such as toilet,
cistern, sink, sockets, switches, shelves and front
door.
His building which was rented by PTC was looted by
demonstrators who destroyed things and stole items
such toilet, cistern, sink, sockets, switches, shelves,
ceilings and front door.
He was severely beaten up by Police officers on 20 th
July, 2011 around 1 p.m. when he was waiting for
minibuses to Kawale 2. He was hit with a metal bar
near his ankle. The surgeon recommended him for a
Plaster of Paris (POP).
On 21st July 2011, he was shot on his left foot by
police officers. The incident happened when he went
to pick up his mother who was at their family shop at
Lumbadzi Trading Centre.
He lodged a complaint to MHRC on the death of
George Thekere, who was shot dead by police officer
Lobo of Kawale Police Station on 21st July, 2011.
The deceased who was a builder was shot dead in the
CATEGORY OF
RIGHT
Right to Human
Dignity
Right to Human
Dignity
Right to Property
Right to Property
Right to Property
Right to Human
Dignity
Right to Life and
Human Dignity
Right to Life
9.
Sydreck White
23, M
Mchesi
10.
Amina Daudi on behalf of Galu Betere (her
husband)
22, F
Chinsapo
11.
Cassim Akileni
30, M
Area 49
12.
Arnold Khinda
37, M
Area 25A
13.
Josephy Nkolesya
27, M
Area 25
compound of Sugzo Kwelepeta, the deceased’s
client, when he was taking instructions relating to
construction work.
He was beaten up by police officers using riffles,
boots and baton sticks. He was bleeding heavily and
taken to Police Mobile Force premises where he
sneaked out when he heard that he was to be sent to
Area 3 police station. He run to Kamuzu Central
Hospital for treatment
She stated that her husband run away on death threats
by police officers on allegations that he stole three
bicycles during the commotion arising from the
demonstrations. They have been coming to her house
with guns, machetes and metal bars using a car
registration number SA 2467.
On 21st July, 2011 he was shot on the thigh of his
right leg and on the thumb of his right hand while his
four workmates namely: John Phiri, Innocent Male,
Chikuse Aufi and James Chidothe were shot dead by
Police Officers. The four deceased persons were shot
dead when they tried to seek refuge at a place where
the police officers were stationed after disembarking
from a minibus.
He was arrested on 21st July, 2011 together with his
two sons Chifuniro 13 and Thokozani 17 on
allegations that he was harbouring people who were
causing confusion on that day. He tried to reason
with the arresting officers that his brick fence was
incomplete hence people were able to jump over it on
to his compound. They were granted bail on 22nd
July, 2011 after paying K8, 800.00 to Kanengo
police officers whom he can recognize by face.
On 21st July 2011, he was arrested along with Joseph
Mtawali, Mtawali’s servant and another person at
Mtawali’s house whilst chatting They were beaten
54
Right to Human
Dignity
Right to Personal
Liberty
Right to Life
Right to Personal
Liberty
(and
evidence
of
corruption)
Right to Human
Dignity
and
Liberty
(and
14.
Alfred Yabani on behalf of Precious Alfred
23, M
Area 23
15.
Mary Banda
32, F
Kawale 1
16.
Kelvin Matola
25, M
Area 22
17.
Patrick Matope
22, M
18.
Imran Karim t/a Imran Karim Wholesalers
36, M
Area 3 Round
About,
opposite
Town Hall
Area 22
55
severely and were granted bail on 22nd July after
paying K1,500.00 each to Kanengo police officer
namely Mchawa. No receipts were issued to the
complainant and the others.
While his 14 year old son was fleeing from the chaos
of the demonstrations on 20th July 2011, he was hit
by a bicycle or motor vehicle (complainant not sure
of the object that hit his son). The incident happened
at Namichimba Trading Centre in Area 23,
Lilongwe.
Was severely beaten by police officers on 20 th July,
2011 at Kawale when she went to rescue her two
children aged 12 and 16 respectively, who had run to
Kawale market to see people who were beaten by
police officers. She was arrested and taken to Area 3
police Station along with other people. At the Police
Station the Police demanded money from each
person. Out of the 28 women that were arrested by
the police, 25 managed to pay the demanded sum of
money, while and 2 women failed to pay the
demanded sum of money. As a result she was not
release d on police bail and were released on bail on
25th July 2011 at the magistrate court on a bail bond
of K2, 000.00.
He twisted his leg when he was running away from
police officers who were tear gassing people and
shooting in the air at Lilongwe Water Board tanks on
M1 Road to Blantyre. He was picked up by Red
Cross and went to Kamuzu Central Hospital where
they put his leg (foot) in a Plaster of Paris (POP).
He was shot in the head and fainted. He was picked
up by Red Cross vehicle which took him to Kamuzu
Central Hospital and got stitched.
evidence
corruption)
On 20th July, 2011, his warehouse was looted by
rioters at Pakeeza Investment. People stole bags of
milk and bicycles and motor vehicle spare parts
Right to Property
and
Economic
Activity
of
Freedom
of
Assembly
Right to security of
the person
Right to Human
Dignity
and
Liberty
(and
allegation
of
corruption)
Freedom
of
Assembly and right
to security of the
person
Right to Life and
Personal Liberty
19.
Peter Semu
35, M
Area 25A
20.
Joseph Mtawali
25, M
Area 25A
21.
Petros Kamanga on behalf of Mavuto Banda
36, M
Karonga
22.
Felix Dowesi Mugonya
55, M
Chinsapo,
opposite
Happy
Landing
Bottle store
23.
James Chiwaya
24, M
Area 36
Kaondo
Market
worthy K34, 300,000.00. He reported the matter to
Area 3 police station where he was told that it would
be difficult to recover the milk but maybe the
bicycles and the motor vehicle spare parts.
He was arrested together with his friend Richard on
21st July, 2011 by Kanengo Police officers Thengere
and Chiwala when they were coming from work
around 1 p.m. They were heavily beaten with police
whip (sjambok). Peter sustained cuts on his body and
developed hearing problems. They were granted bail
on 22nd July, 2011 after paying K1500.
Was beaten with a metal bar on the head by police
officers when he was trying to reason with them that
he was not among the people who were running to
his house for hiding. He was arrested together with
his tenant and two relatives and taken to Kanengo
Police where they were severely beaten. He was then
taken to Area 25 clinic for medical attention after a
certain man who knows him requested the Police
officers to do so. He was returned to the cell the
same day. They were granted bail after paying K3,
000. Police bail attached.
Mavuto Banda the deceased, was shot dead by two
Karonga police officers during the night of 20 th July,
2011 when he was coming from Baka Tavern at
around 8 p.m. the deceased had gone to the tavern
with his friend Vincent Mbowe. The matter is being
handled by a Lawyer.
On 20th July, 2011 around 6 p.m. a group of people
who were armed stormed his building and looted
three groceries which were rented by Burundians.
The damage is estimated at K800,000.00
at
56
On 20th July, 2011 evening around 7 p.m., his shop
was looted by rioters arising from 20th July, 2011
demonstrations. He estimates the value of the stolen
Right to Human
Dignity
and
Liberty
(and
allegation
of
corruption)
Right to Human
Dignity
and
Liberty
(and
allegation
of
corruption)
Right to Life
Right to Economic
Activity
Right to Property
Right to Economic
Activity, Property
and Liberty
24.
Yunus Pandor
55, M
Area 22 –
opposite
Fresh Air and
behind
Energem
Filling
Station
25.
Alli Adam
30, M
Chinsapo 2
26.
Standwell Banda
39, M
Area 25A
57
items at K270, 000.00. He was also harassed by the
rioters and he run away for his safety.
On 20th July, 2011 at around 11 a.m., looters
connected to the 20th July demonstrations broke into
his warehouse West gate Investment and Pakeeza
warehouse and ransacked almost everything. They
went away with items such as fridges, cookers,
microwave ovens, compressors for fridges and
groceries, a motor cycle, 7 truck batteries; they
pumped fuel from a truck, broke truck windscreens
and stole 4 computers, 2 printers and photocopiers.
Estimated total value of damaged rooted property;
K25 million.
On 20th July, 2011 he was with his two friends
Asamu Mtambo and Ajibu Hamisi and were dressed
in red because they were going for demonstrations.
They were arrested by Police officers at Bwalo la
Njobvu as they were going to Lilongwe High Court
from the mosque where they had gone to to pray
first. They were beaten and taken to court at
Lilongwe Magistrate court on 26th July where they
pleaded guilty for conduct likely to cause breach of
peace because they were forced by police officers to
admit the charge. They were fined.
He is a resident of Area 25 A and on 21 st July, 2011
he was arrested by Kanengo Police while he was at
home waiting to have tea. He heard screaming
outside his house and when he went out he saw two
Police officers struggling with the daughter of his
landlord and when they saw him they arrested him on
allegation that he was one of the people who were
blocking the roads. He stayed in Police custody along
with other people up to 23rd July, 2011 when they
were told to pay K3,500.00 which he did in order to
be released. Whilst in police custody he was severely
beaten by Police officers he can recognize by face
because he doesn’t know their names.
Right to Property
and
Economic
Activity
Right to Human
Dignity, right to a
fair
trial
and
Liberty
Right to Human
Dignity
and
Liberty
27.
Ndagijimana Ahmed
49, M
Phwetekere
Market,
Area 36
28.
Twagirimana Emmanuel on behalf of Vincent
Mucakungeli
20, M
Phwetekere
Market,
Area 36
29.
Joseph Kalasila
50, M
30.
Ndayishimiye Augustine
46, M
Phwetekere
Market,
Area 36
Area 36
31.
Sebibanza Balthaza
45, M
Kandikole,
Area 36
32.
Dyton Tebulo
29, M
Chinsapo 1
33.
Gift Mandala
28, M
Area 25A
58
He is a Rwandese by nationality and a refugee, he
had a shop at Phwetekere market which was looted
by rioters on 20th July, 2011 around 6:30 p.m. and
goods worth K565, 200.00 were stolen.
His uncle Vincent Mucakungeli’s shop at Phwetekere
market in Area 36 was looted by demonstrators on
20th July, 2011 at around 19:00 hours. Property
worth K910, 460.00 was stolen and not recovered.
Demonstrators looted his shop and went away with
goods amounting to K2, 975,700.00. No arrest and
recovery made. He is a Rwandese.
He is a Rwandese and demonstrators looted his shop
and went away with property worth to K728, 880.00
on 20th July, 2011 around 18:00 hours
He is a Burundian and looters went away with
properties amounting to K533, 595.00 from his shop
on 20th July, 2011 around 17:00 hours.
He was shot on his left arm by Police officer Dyton
Phiri BO 762 on 21st July, 2011 at Chinsapo 1 where
he went by a taxi which was being driven by his
brother Mike Tebulo. They failed to cross the road
because it was blocked by stones and was
impassable. He saw a vehicle Registration no. MP
2129 carrying Police officers who started shooting
randomly. The bullet went through his arm into a
person who was near him who died immediately after
being shot. The incident of shooting was calmed
with the coming of Malawi Defence Force officers
who expressed concern on the behaviour of the
Police of random shooting.
On 21st July, 2011, he was arrested together with
Joseph Mtawali and Joseph Mkoleche when they
were chatting at home on allegations that they were
the ones who looted Area 25 A PTC shop. Their
house is near the PTC shop so when Police officers
were chasing the rooters, they were passing through
their grass fence which had some gaps. They were
Right to Property
Economic Activity
Right to Property
and
Economic
Activity
Right to property
and
Economic
Activity
Economic Activity
Right to Property
and
Economic
Activity
Right to Life and
Personal Liberty
Right to Human
Dignity
and
Liberty
(and
allegation
of
corruption)
34.
Rasim Amidu
27, M
Chinsapo 2
34.
Patrick Loudon
37, M
Area 36
35.
Chancy Mwanyongo
M
Near Karonga
Market
36.
Moses Soko
M
CCDC,
Chilinde
37.
Kawale Dickson
45, M
Phwetekere
Market, Area
36, Lilongwe
38.
Esau Jickson
25, M
Area 49
59
then taken to Kanengo Police Station where they
were beaten and released on 22nd July, 2011 upon
finding that they were not among the looters. He was
asked to pay K3, 000 which he paid in order to be
released.
He was shot at on his right ear at around 01:00 p.m.
on 21 July 2011 when he was coming out of
Samalamoyo Tavern at Chinsapo 2 in Lilongwe. He
was later picked up in a Red Cross Society vehicle
that took him to Likuni Hospital where he was
treated as an out-patient.
He was beaten up at around 10:00 a.m. on 20 July
2011 by Police officers who were chasing some
demonstrators. The demonstrators invaded his
compound on fleeing from the Police. He had to run
for safety and ended up hiding inside St. John’s
Secondary School Campus. He suffered general
body pains.
He was shot at on both thighs by a Police officer on
20 July 2011 at around 08:00 p.m. near Karonga
Market as he was coming from his place of work
where he had gone to mould bricks. He is still
receiving treatment at Karonga District Hospital.
He was shot at on one of his ankles by a Police
officer on 21 July 2011 while he was running away
from Police officers who were in a vehicle chasing
rioters. He fell down and bled profusely. He was
taken to Kamuzu Central Hospital by one of his
bosses. He is not able to walk properly and instead
uses a wheel chair.
He was shot at on 21 July 2011 by one of the Police
officers who were in a pick up trying to chase people
away from Central Poultry. He fell down and Red
Cross Society officers gave him some first aid before
taking him to Kamuzu Central Hospital for further
treatment.
He was arrested on 20th July, 2011 while on his way
Right to Life and
Liberty
Right to Human
Dignity
Right to Life and
Liberty
Right to Life and
Liberty
Right to Life and
Liberty
Right to Human
39.
Mabvuto Fabiano
18, M
Area 36
40.
Richard Banda
28, M
Area 25
41.
Kaite Emmanuel
36, M
Area 25
Dzenza
-
60
to the market to buy medicine for his young brother
who was sick. This was the same time when Police
officers were being stoned by rioters. They arrested
him and started beating him up with a police whip
(sjambok) and an AK 47 barrel, and put him into
their car. When they arrived at Gulliver, the Police
found some fire blockade on the road so they told
Esau to put out the fire using his bare hands while
they were still beating him and he was stabbed.
After managing to put out the fire, he was released
and was bleeding intensely. He went to Kamuzu
Central Hospital on 21st July, 2011.
He was on his way to his working place in town on
21st July, 2011 when he met with Police officers
chasing people at Mchesi. He started running away
from the direction he was going (town) to his uncle’s
place in Area 36. He was then shot twice on his left
arm and another bullet on his left leg and fainted.
The Police did not stop after the shooting and he was
picked up by an ambulance. He gained conscious on
22nd July, 2011.
On 21st July 2011, Richard was arrested by Police
officers of Kanengo when he was coming from his
boss’ house to leave a vehicle as he works as a
Conductor. On his way to his house he saw Police
officers at the depot who called him and asked him
where he was coming from and where he was going.
He was then picked up along with other people to
Kanengo Police Station where they were severely
beaten using hands, legs. He was released on 22nd
July, 2011 after paying K3, 000.00 which was not
accounted for. He identified two Police officers as
Mr. Chiwala and Mr. Khengere.
He owns a shop at Dzenza and he is a refugee. On
21st July, 2011, the rioters looted his shop and went
away with K50, 000 cash and goods worth K3
Million. The case was reported to Police who
Dignity
Liberty
and
Right
to
Liberty
Life
Right to Human
Dignity
and
Liberty
(and
allegation
of
corruption)
Right to Property
and
Economic
Activity
42.
Lucy Mapulanga on the death of Edward
Mickson Ng’ombe
39, F
Lumbadzi
43.
Lloyd Simwaka
40, M
Falls Area at
Lilongwe
Technical
College
44.
Mwabamana Jeannette
25, F
Lumbadzi
61
requested to see the permit which allows him to be
operating business as a refugee which he produced
and the Camp Administrator wrote the Police a letter
in support of this.
On 21st July, 2011, Police officers shot dead Edward
Mickson Ng’ombe within the premises of Lumbadzi
People’s Superrete shop. He was shot in the head and
Red Cross Society officials took the remains of
Edward to Kamuzu Central Hospital. She got the
news of the death in the evening of 22nd July, 2011.
He went for demonstrations on 20th July, 2011 at
Lilongwe community Ground whilst driving and
wore red shirt and a red scarf. While at the
community, leaders of Civil Society Organizations
informed them about the injunction prohibiting the
demonstrations so he decided to go back home and
follow everything through the radio. On his way
home he found Chidzanja road closed with burning
tyres and decided to go back to Falls and have lunch
at his friend’s house who was together with him.
When they reached Lilongwe Technical College,
they met Police officers who ordered them to get out
of their car, and accused them of distributing liquor
sachets to the young men who were allegedly causing
violence. The police searched the vehicle and only
found a catapult in the vehicle and not the liquor.
They were arrested for keeping a dangerous weapon
and put in cell at Lilongwe Police Station. He was
released on Monday, 25th July, 2011 after appearing
at Lilongwe Magistrate court where he pleaded guilty
of the charge and was fined K12, 000.00. His house
was searched on 24th July, 2011 where Police officers
found nothing. He was beaten at the time of arrest.
Her shop was looted on 21st July, 2011 around 11:00
hours and all the groceries which were inside were
stolen by the protesters. The value of the stolen
properties is approximately K2, 000, 000.00.
Right to Life
Right to Human
Dignity
and
Liberty
Right to Property
and
Economic
Activity
45.
Mphatso Banda
16, M
Lumbadzi
46.
Godwin Moyo and Miss Phelesia Joseph
Family (on the death of Adams Banda)
84, M&F
Mzuzu
Investigations are underway.
He went to the garden on 21st July, 2011 in the
morning which is across the road of Lumbadzi
Trading centre. On his way back at around 9 or 10
a.m. people were all over running for their lives as
Police officers were just shooting randomly. As he
was crossing the road from the garden, he was shot
on his left knee and he was bleeding profusely when
he called his father Victor Banda to pick him and
they left for Lumbadzi Police substation to get a
medical report in order for him to be treated. On their
way they met a Police vehicle from which two
officers disembarked and confronted them, they
charged that they were looking for people like
Mphatso as he was one of the people who had looted
a lot of property and they picked him in their vehicle
to Lumbadzi Health centre, thereafter he was taken to
Police cell where he was released on 22nd July, 2011
on Police bail around 3 p.m.
In the early hours of 23rd July, 2011 at around 4 a.m.
their family received the dead body of their son
Adams Banda (the deceased) in a coffin that was
brought by Police officers. The deceased was killed
in Mzuzu but the Police officers did not explain the
cause of the death. The Police simply indicated that
they had been sent by Government officials from
Mzuzu City Council and further stated that the Police
officials would come later to explain to the family
the cause of Adam’s death. The Police never went
back to explain the cause of death and the family
ended up burying the deceased at around 4 p.m. the
same day. The complainant Mr. Godwin Moyo
suspected some foul play over the conduct of the
Police officers, who came with the remains of
Adams. He decided to open the coffin and
unwrapped the linen that covered the dead body in
presence of village headman Chilipawo who came
62
Right to Life and
Liberty
Right to Life
47.
Evance Navira on the death of Lovemore
Navira
19, M
Area 49
48.
Quality Gwileni
34, M
Nsundwe
Trading
centre
49.
Nelmon Kaunda
21, M
Area 49 near
Chaponda
Private
School
50
Chifundo Saka
16, M
Area 49
63
for the funeral. He established that the dead body
had large bullet wounds in the chest and in the back,
an indication that he was shot to death. This was
witnessed by all present.
On 21st July, 2011, the Police officers in Area 49,
Shire area, along Kaunda Road shot dead Lovemore
Navira who was with other people there. The Police
officers threw teargas at the group with the aim of
dispersing them. This made the people angry
whereupon they started stoning the Police officers. In
turn, the Police started shooting the group with live
bullets and shot Lovemore dead.
He was beaten on 20th July, 2011 when he was
waiting for the vacation of a court injunction against
the demonstrations at Lilongwe CCAP premises by
Police officers. He indicated that one of the
organizers, Undule Mwakasungula was also beaten.
On 21st July, 2011 around 10 a.m. he was shot on the
back of his left leg by Police officers when he was at
a bus stage escorting his sick relative to Bwaila
Hospital to get sputum results. He then went to
Yankho Langa Private Clinic where he got treated
and got the bullet removed. He was then taken to
Kamuzu Central Hospital by Red Cross Society
where he was further treated and was admitted for
two days.
He was shot on 21st July, 2011 by Police officers,
when he went to see what was happening at the
house of DPP’s Member of Parliament for the area
Mr. Shumba. When he saw that Police officers were
shooting people, he hid in a nearby toilet and
remained there for 30 minutes. Thinking that there
was calm, he came out of the toilet only to be shot on
the left side of his lower chest by an unknown
Policeman who did not attend to him. He was
attended by nearby neighbours who saw him and
asked him about his guardian and was called. He
Right to Life
Right to Human
Dignity
and
Freedom
of
Assembly
Right to Life and
Liberty
Right to Life and
Liberty
51.
Issah Lyson
23, M
Area 2
52.
Davies M. Luhanga
43, M
Lilongwe
CCAP
53.
Samson Chaziya
35, M
Lilongwe
Community
Ground
54.
Harry Shaba
27, M
Area 36
64
was taken to Area 49 (proper) clinic where Red
Cross Society officers took him to Kamuzu Central
Hospital where he was admitted till 27th July, 2011.
He was vacuumed to remove the bleeding blood of
bullet debris. He lost a lot of blood and was given
some blood and was on water therapy for five days.
He was beaten and arrested by Police at Area 2
around 8 a.m. of 21st July, 2011 while he was going
to work. He was severely beaten with an iron pipe
on his knees and hands. He was then taken to
Lilongwe Police Station where he did not stay long
before being picked in a Red Cross Society vehicle
that took him to Kamuzu Central hospital where he
was admitted for over 10 days. Theatre results
indicated that he had fractures of four finger bones of
his left hand.
He was arrested on 20th July, 2011 while he was
hiding at Lilongwe CCAP premises. He wanted to
take part in the demonstrations and had put on red
clothes. He was then taken to Lilongwe Police
Station in a Police vehicle and while there, he was
beaten up by seven Police officers led by James
Munthali. They used guns, batons and boots. He
sustained injuries (bruises in his head and a cut on his
left shoulder). Some Police officers went to search at
his house because they were thinking that he was an
employee of Undule Mwakasungura one of the
organizers of the demonstrations. He got released on
23rd July, 2011 without conditions.
He went to Lilongwe Community Ground on 20 th
July, 2011 for demonstrations where they were
chased away by Police officers saying that it was an
unlawful assembly. He was kicked with a boot on
the ankle of his left leg and he fell down helplessly.
He was left alone and he struggled to walk going
home via Biwi.
He works as a shop assistant at Area 36 and when he
Right to Human
Dignity
and
Liberty
Right to Human
Dignity,
Liberty
and Privacy
Right to Human
Dignity
and
Freedom
of
Assembly
Right to Human
55.
Grace Sally C. Mkandawire
36, F
Falls
56.
Dusten Fulaye
42, M
Biwi Triangle
65
went for business on 21st July, 2011, he saw people
running away and his aunt instructed him to close the
shop to avoid looting. They decided to go back
home at Area 12 but they could not because the roads
were blocked. They waited at a relative’s place and
when he attempted to go see if the violence had
ceased, he found a group of people running away
from armed Police officers who were beating and
shooting people. They started beating him and
threatened him that if he dared to run away he would
be shot dead. He was taken to Lilongwe Police
Station where the police kept on beating him and he
started bleeding on his head because he had a cut. He
got released on 22nd July, 2011 on the intervention of
an officer of MHRC.
On 20th July, 2011, she left home for work at Mlolera
Private Clinic at Area 47/4 but she returned after
being informed that the situation was not well. On
her way back, she was approached by five male
Police officers who ordered her to stop and sit down.
After refusing to sit down, she was tripped and she
fell down helplessly. They started beating her and
hitting her with various objects all over the lower
parts of her body. She bled slightly. After the
beating, she was then ordered to leave and proceed to
her house. The following day, she managed to go to
Kamuzu Central Hospital for medical examination
because she had pain all over her body. She had
sustained soft tissue injury and bruises. She was
given the necessary treatment and put on two days
bed rest.
He went to his shop at Biwi Triangle on 20th July,
2011. He sells tyres. After he had opened his shop he
saw people running away from Police officers. The
people were just burning tyres. This forced him to
close his shop and as he was packing the tyres back
into the shop, Police officers asked him what he was
Dignity
Liberty
and
Right to Human
Dignity
and
Liberty
Right to Human
Dignity
doing and he explained to them that he was afraid
that the tyres would be burnt by rioters. The Police
did not take heed of what he said. They beat him on
his left arm and he went to Dicky’s clinic where they
put his arm in a Plaster of Paris. He was then referred
to Kamuzu Central Hospital for further treatment.
After an x-ray, it showed that he had a fracture on his
arm.
57.
Peter Nguluwe Chinoko
47, M
Lilongwe
CCAP
Premises
58.
Edward Manjaliwa
61, M
Mzuzu
59.
Peter Nkhata
M
Chibanja
Location,
Mzuzu
60.
Alexander Walibwe
37, M
Katoto,
Mzuzu
He was beaten by Police together with Mr. Billy
Mayaya, Mr. Undule Mwakasungula, Mayi
Chilambo, Nyasulu and photo journalist Amos
Gumulira on 20th July, 2011 at Lilongwe CCAP
premises. The Police were dispersing them to
prevent them from demonstrating despite a court
ruling which showed that the injunction which was
earlier on obtained against the demonstrations had
been vacated.
Complained that his house was hit by DPP vehicles
which according to reports indicate that it was being
driven by Moses during the commotion on 20 th July,
2011. The house was extensively damaged to an
extent that the remaining walls were of no use. The
vehicle was eventually set ablaze by the angry mob
(no photos were taken from the scene)
Complained that he was beaten severely by Police on
20th July, 2011, when going home from the Matabwa
market where the Police fired tear gas. He lost his
phone during the fracas. He was arrested and stayed
in Police custody for a week. At the time of MHRC
investigations, the complainant had been released on
bail.
Complained that his motorcycle was set ablaze by an
angry mob on 20th July, 2011. He was rushing to his
home when he realized that the situation was not well
in town. He met angry people accusing him of going
to work instead of participating in the
66
Right to Human
Dignity
and
Freedom
of
Assembly
Right to Property
Right to Human
Rights and Liberty
Right to Property
61.
Gibson Nyangulu
19, M
Mzuzu
62
Mercy Kasale
F
63.
Mphatso Gondwe
13, F
Chibanja,
Mzuzu
Mzuzu
64.
Golden Kalua
M
65.
Tapiwa Chima
F
Mchengautu
wa, Mzuzu
Mzuzu
66.
Abubakar Gawaliya(P.C.M. Shop owner)
37, M
Mzuzu
67.
Muhammad Jaweed, trading as Memon Tex
44, M
Along
M1
Road, Mzuzu
67
demonstrations.
Complained that he was shot by Police on the hip.
This happened at Ekwendeni at around 7.00 p.m.
when he went out to see how the situation was.
Complained that she was hit by a stray bullet whilst
at her home at Namizu area.
Complained that she was shot by Police near
Mphatso Motel on 21st July, 2011 at around 5.00 pm
Complained that he was shot on the leg by Police on
20th July, 2011. This happened at Chibavi
Complained that Mzimba Teachers SACCO office
was smashed at around 6.30 pm by alleged
demonstrators. Office vehicle was set ablaze.
Luggage for 3 officials was stolen. The luggage
belonged to Mr. A.F. Moyo, Akim Kachali and Mr.
Julius Zgambo
Complained that his shop was vandalized and items
of about K7.5 million got damaged or stolen
His shop, Memon Tex, along M1 Road near Kukoma
Shop in Mzuzu, was looted by angry demonstrators
on 20 July 2011 at around 11:00 a.m. He eventually
lost property amounting to about MK7, 636, 390.00.
He reported the matter to Mzuzu Police Station
where a statement was recorded from him.
Right to Life
Right to Life
Right to Life
Right to Life
Right to Property
Right to Property
and
Economic
Activity
Right to Property
and
Economic
Activity
68.
M. Aziz Ismael, trading as Aziz Investments
47, M
Opposite
Mzuzu Bus
Depot
Entrance
Along Mzuzu
Highway,
Mzuzu
69.
F. N. Chitembeya
37, M
70.
Wongani Kasambara
24, M
St. John of
God Hosp.,
near
DPP
Office.
71.
Reuben Nyangali, Jennifer Banda and Patrick
Nyangali
35, M
40, F
32, M
Near
MBC
Station
in
Mzuzu
72.
Nasir Rashid, trading as Stanza Store
36, M
Within
Mzuzu City
73.
Rafik Ismail Munshi, trading as Munshi
Enterprises and Romana Enterprises
37, M
Within
Mzuzu City
68
His shop was broken into by demonstrators at around
09:30 a.m. on 20 July 2011. He reported the matter to
Mzuzu Police Station where a statement was recorded
from him.
On 20 July 2011, he was arrested by Police officers
on his way from a bank where he had gone to
withdraw some cash. The Police officers took away
from him MK4, 000.00, a cell phone and an identity
card. They took him to Mzuzu Police Station where
they locked him up after hitting him with a gun barrel
on the face and ribs. He was released from Police
custody at around 05:00 p.m. on the following day
and given back his cell phone and identity card. The
money was not given back to him. . No statement
was recorded from him.
He was shot at by a Police officer on his right thigh
when he was running away from Police officers who
were dispersing demonstrators on 20 July 2011. He
was rushed to Mzuzu Central Hospital where he was
admitted until the following day when he was
discharged to visit the hospital as an outpatient. The
injury was not reported to Police.
Their 37 years old brother, Jacob Nyangali, was
allegedly shot dead by an unknown Police officer on
20 July 2011 on his way to work. He was found
already dead with a bullet wound on his chest. The
matter has not yet been reported to Police.
His shop was looted by some demonstrators on 20
July 2011. When he and some Police officers tried to
intervene to protect his shop, the angry demonstrators
threw stones at him and the officers. About MK24,
986,000.00 worth of his property was stolen and
destroyed. A statement was recorded from him by the
Police officers.
His two shops were vandalized and looted by angry
demonstrators on 20 July 2011. He lost property
worth MK19, 722,872.00 in total. The matter was
Right to Property
and
Economic
Activity
Right to Human
Dignity
and
Liberty
(and
allegation of theft
by police)
Right to life and
Liberty
Right to Life
Right to Property
and
Economic
Activity
Right to Property
and
Economic
Activity
74.
Mohamed S. A. Patel, trading as Rameez
Investments
34, M
Within
Mzuzu City
75.
Geoffrey L. Banda
32, M
Lilongwe
CCAP
Church
76.
Elcomit General
General (retired)}
Dealers
{C.B.
Mituka,
Biwi,
Lilongwe
reported at Mzuzu Police Station.
His shop within the City of Mzuzu was vandalized
and looted by angry demonstrators on 20 July 2011.
He lost property worth MK11, 372,405.00. The
matter was reported to Mzuzu Police Station.
He was among the demonstrators who were
confronted by Police officers within Lilongwe CCAP
Church premises. He was severely beaten, grabbed
and thrown into a Police vehicle to be taken to
Lilongwe Police Station. He was, however, released
together with others and were ordered to disperse.
Due to the beating, he sustained some wounds and
swollen arms and was taken to Kamuzu Central
Hospital for treatment. He has not been given back
the MK50, 000.00 that was confiscated from him by
the Police officers. He says he can identify the Police
officers who attacked him.
The shop was in the same building that was also
rented to Lilongwe Auctioneers owned by Hon. Vuwa
Kaunda, MP. The items that were vandalized and
stolen were:
122 bags of chicken feed composed of layers mash,
broiler starter mash, broiler grower pellets and broiler
finisher crumbles valued at MK817,400.00 as at 19th
July 2011;
147 bags of flourish flour valued at MK470,400.00 as
at 19th July 2011;
The office equipment destroyed (including the office
structure which was specially partitioned) stand at an
estimated value of MK850,000.00 as at 19 th July
2011;
In the office cabinet a new Toshiba Laptop which was
locked for safety was destroyed, the value of the
69
Right to Property
and
Economic
Activity
Right to Human
Dignity
and
Liberty
Right to Property
and
Economic
Activity
laptop was MK185, 000.00;
Airtime worth MK68,000.00 was destroyed;
A large fridge of soft drinks was damaged too, its
contents at that time were only 20 crates of drinks and
some 10 empty crates and bottles were also stolen.
The drinks were valued at MK48,000 and there was
56 bottles of spring water valued at MK4,480.00;
The merchandize in the hardware shop which had just
stocked up with an additional capital injection of
MK5, 000,000.00 could be valued at more than MK7,
200,000.00 as at 19th July 2011;
We had just paid 3 months rentals for the 3 rd quarter
at MK150, 000.00 for each shop, a total of MK300,
000.00
70
4.0
Application of the Law to the Developments of July 20, 2011
Malawi is a party to 7 of the 8 major International Human Rights instruments namely:
the International Convention on the Elimination of All Forms of Racial Discrimination;
the International Covenant on Civil and Political Rights; the International Covenant on
Economic, Social and Cultural Rights; the Convention on the Elimination of All Forms of
Discrimination against Women; the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment; the Convention on the Rights of the
Child; and Convention on the Rights of Persons with Disabilities. Malawi also ratified the
African Charter on Human and People’s Rights. The Constitution guarantees Malawians
rights under Chapter IV, (the Bill of Rights). Below is an analysis of the findings vis-àvis the human rights provisions in these instruments:
4.1
Right to peaceful assembly
The Organizers of the demonstrations were very clear in their express intentions that the
demonstrations were to be peaceful, as guaranteed by section 38 of the Constitution,
Article 11 of the African Charter and Article 21 of the ICCPR. On the day of the
demonstrations however, developments arose that turned the situation volatile and
disrupted the intended peaceful nature of the demonstrations. For example, in some
instances, the Police sought to disperse the demonstrators on the premise that an
injunction had been obtained by concerned individuals that were against the
demonstrations. It should be pointed out that it was the duty of the Police to enforce the
compliance of the order of the injunction. However, the actions by the police were largely
met with resistance by the people to get away from the streets. This led the Police to
using teargas to force people out of the streets. The law as is stipulated in the Police Act
and the Penal Code provides for procedures to be followed in dispersing people who are
alleged to have unlawfully assembled. The mode that was used by the Police particularly
in using live bullets in shooting at the protesters was therefore an excess use of force and
unlawful.
The law as highlighted above also regulates the use of force and firearms by the Police.
According to the Police Act, firearms are to be used to prevent escape or attempts to
escape from lawful custody by oneself or any other person, and to prevent attempts to
prevent the lawful arrest of a person. The reported incidences in this Report show that
most of the victims who were shot at by the Police are people who were neither escaping
from lawful arrest nor, in some instances, were they involved at all in the chaos of the
demonstrations. The Police therefore violated both the domestic and international law in
their use of firearms on and after the 20th of July.
In addition to perpetrating violence using excess and unjustifiable force on the
demonstrators, the Police also failed to accord protection and security to the people and
property as is their mandate under the Police Act.
71
4.2
Right to life
The right not to be arbitrarily deprived of life as guaranteed by section 16 of the
Constitution was violated because 19 people lost their lives after being shot by the Police
on 20th and 21st July. The Police alleged that they shot all these people because they were
looting. However the evidence from the investigations has shown that some of the people
who were shot on 20th July were peaceful demonstrators. While the law permits the use
of excessive force in exceptional circumstances such as in times of lawlessness, the
numbers of people shot dead by the Police and those with bullet wounds show that the
Police disregarded the sanctity of human life.
4.3
Right to property
This right was violated because there were widespread instances of looting, burning and
destruction of property and vehicles ranging from banks, shops, vehicles (including those
owned by the DPP and ZBS), Government buildings and vehicles, warehouses, and
private homes. This is in violation of section 28 of the Constitution and Article 14 of the
ICCPR.
4.4
Right to economic activity
This right as expressed in section 30 of the Constitution was violated as banks, shops and
individuals lost their source of income from the looting and vandalism. Business was at a
standstill in Lilongwe, Mzuzu, Blantyre and Karonga for 3 days. The business
community has fears for the security of their businesses in the event of any further
demonstrations which have the potential of turning violent.
4.5
Right to protection and security
This right was violated as people were harassed and beaten by the Police during the
demonstrations on 20th July and on 21st July. Members of the media and CSOs who had
earlier been introduced to the Police were severely beaten and harassed by the Police.
Police officers themselves were not protected as they were overwhelmed by the task of
containing the crowd. They lacked appropriate protective gear and skills. As such some
were overpowered by the crowd and beaten up. It is alleged that some Police women
were stripped naked by the mob.
Families of Police officers were also not protected as their houses including property was
burnt by the angry mob in Mchesi. The families were forced to move to a communal
place at Police Mess until new accommodation could be found.
72
It is also alleged that Police officers were attacked by members of the Malawi Defence
Forces that were deployed to respond to the situation as these two groups did not seem to
have a common approach to containing the situation and quelling the violence. The
actions of the two groups (MPS and MDF) did not seem to compliment each other’s
effort, yet the MDF involvement was for the apparent reason of reinforcing the MPS.
Another threat to the right to security took the form of threats that members of CSOs had
been receiving before the demonstrations. These threats intensified after the
demonstrations. In some instances, MHRC’s team of investigators noted that apart from
the CSO’s, members of the general public were afraid to talk to MHRC on their
encounters of the demonstrations due to fear of negative repercussions at the hands of the
DPP young Cadets. Some feared losing their jobs if they divulged any information
relating to the demonstrations.
4.6
Freedom of the press and the media
Freedom of the press and the media was violated as members of the CSOs organizing the
demonstration and those with opposing views from the Government were not given a
platform to express their views and opinions on the public owned MBC. The public
received one- sided information from the Government and DPP views only. The public
broadcaster has a wider coverage in the country than any other media entity; therefore a
good section of society was deprived of accessing information from the CSOs relating to
the demonstrations.
Freedom of the press and the media was also violated as MBC did not in some instances
give the general public accurate information to make informed decision regarding the
demonstrations. The information provided by MBC was misleading the public on the aim
of the demonstration. MBC misinformed the public that the demonstrations were aimed
at propagating the rights of homosexuals. This could have incited violence and attacks
particularly against the organizers considering that the issue of homosexuality raises
controversies and is sensitive. Further, MBC was airing inaccurate information to the
general public that the opposition wanted to overthrow the Government.
The events surrounding the demonstration also show that freedom of expression and the
press was suppressed. The private owned media was restricted from broadcasting
materials that MACRA considered sensitive and could incite further violence. Media
houses such as Capital Radio, Joy Radio, and MIJ were taken off air on the 20th of July,
for about 4 hours and later restricted from mentioning anything related to the
demonstration. The restrictions were imposed because these media houses did not follow
the requisite procedures before carrying the live broadcasts. The media houses were
intimidated by the restrictions imposed by the Government and their ensuing reporting on
the issue had been erratic and basically controlled by the government. The banning,
closing down and imposing of restrictions on the media is a pure suppression of freedom
of expression and freedom of the press
73
It is important to note that Malawi made an amendment to section 46 of the Penal Code
that give powers to the Minister to ban media houses (both print and electronic) which it
believes is not acting in the best interest of the Nation. This law goes against human
rights principles of the freedom of the media and has been strongly condemned by the
Commission and the general public.
5.0
Conclusion
The investigations by MHRC have established that gross human rights violations took
place before, during and after the 20th July demonstrations. MHRC notes with concern
the death of 19 people and the destruction of property on 20th July and thereafter. MHRC
condemns the use of lethal force against people and urges the Malawi Government to
protect civilians and respect fundamental freedoms, including the freedoms of expression
and assembly. MHRC condemns the looting and the destruction of property that ensued
from the demonstrations.
MHRC finds that the following human rights were violated in the violence that emanated
from the demonstrations: the right to life (not to be arbitrarily deprived of life); the right
to personal liberty; the right to human dignity; the right not to be subjected to cruel,
inhuman or degrading treatment or punishment; the right to freedom and security of the
person; the right not to be arbitrarily deprived of property; the right to freely engage in
economic activity, to work and pursue a livelihood anywhere in Malawi; the right to
freedom of expression; the right to report and publish freely within Malawi and abroad
(freedom of the press); the right of access to information and the right to assemble and
demonstrate with others peacefully and unarmed.
These human rights are guaranteed by the Constitution under sections: 16; 18; 19(1);
19(3); 19(6); 28; 29; 35; 36; 37; and 38 respectively. These human rights are also
provided for in a number of international human rights instruments to which Malawi is a
party such as: the United Nations International Covenant on Civil and Political Rights;
the United Nations Covenant on Economic, Social and Cultural Rights; the African
Charter on Human and Peoples Rights and the Convention against Torture, Cruel,
inhuman or degrading treatment or punishment. The human rights are also embodied in
the Universal Declaration of Human Rights, to which Malawi subscribes and is part of
the Laws of Malawi.
MHRC affirms that the people in Malawi have the right to hold demonstrations
peacefully and unarmed. The state is the primary duty bearer and has to ensure that this
right is effectively realized. To this end, the Constitution under section 153 and the Police
Act Chapter 13:01 of the Laws of Malawi in section 4 (1) (d) obligates the Police to
preserve law and order and to protect life, property, fundamental freedoms and rights of
individuals, and to protect public safety. Clearly, the events surrounding the 20th July
demonstration indicate that the Police did not effectively perform this role. For the most
74
part, the manner in which the Police managed the demonstrations of the 20th July failed to
meet the threshold set out in Part IX of the Police Act. The Police disproportionately used
firearms in quelling the situations that emanated from the demonstrations. This
contravened the provisions of the Police Act sections 44 and 105(5) and relevant
constitutional provisions and international human rights standards.
MHRC further observes that the eruption of the violence was precipitated by a number of
structural causes, including the roles of public institutions e.g. MACRA, MBC TV and
the Malawi Police Service. For example, the state broadcaster contributed to a worsening
situation through biased reporting of events that surrounded the demonstration and
broadcasting of propaganda.
Further, while the incidences of violence on the 20th July were for the most part sporadic,
the incidences of violence which followed on the 21st July took a structured pattern, for
example the characteristics of the places on which the violence was targeted, e.g. Police
officers houses and businesses deemed to belong to DPP supporters or sympathizers.
The findings also bring out the issue of leadership gaps on the part of the organisers in
directing the people that had gathered to participate in the demonstration. To a large
extent this arose from instances where the Police intervention led to their protracted
engagement with the leaders. In turn, the people were left without leadership.
The injunctions that were obtained on the eve of the day earmarked for the demonstration
were the ultimate trigger of the violence.
In the final analysis, the developments surrounding the demonstrations bring to the fore
issues of a lack of common values between the rulers and the ruled. The events also
signify a failure of a system for the peaceful resolution of differences that is envisaged in
the Constitution in section 13(l). This makes it imperative that the events surrounding the
20th July demonstrations and the ensuing violence be carefully examined, with a view to
drawing lessons that should inform future actions.
6.0
Recommendations
In view of the findings in this Report, the makes the following recommendations:
6.1 The State President and Government
(a)
MHRC takes cognizance of the fact that Malawi is a State party to the
major international human rights treaties, including the International
Covenant on Civil and Political Rights. Further that Malawi has a Bill of
human rights entrenched in the Constitution. Thus, MHRC calls upon the
Malawi Government to ensure that human rights, in particular, the rights
75
to life, liberty and security of person, human dignity and freedom from
torture, cruel, degrading treatment or punishment are protected in all
circumstances, including in the context of efforts to maintain law and
order.
(b)
The Government should ensure that the people that were affected by the
violence that ensued during and after the demonstrations, including
subjection to human rights violations, access effective remedies.
(c)
Government should facilitate the conduct of credible and impartial
investigations and prosecution of those found responsible for the killing of
people, looting and destruction of property during and after the
demonstrations.
(d)
It is imperative that the Government as obliged under section 13(l) of the
Constitution should adopt mechanisms for peaceful settlements of
disputes. To this end, the President and Government should provide and
maintain channels for contact and dialogue. In this regard, a culture of
tolerance should be inculcated in the Government machinery to avert
situations where people have to resort to demonstrations to communicate
contrary views. Evidently, where demonstrations turn violent, the
consequences are far-reaching and development is derailed. The President
should arise above party politics and effectively address issues of national
interest. The President and Government should desist from making
provocative remarks that may fuel further violence and instead work
towards reconciliation of differences.
(e)
The President and the Government should acknowledge and objectively
and meaningfully address the state of affairs raised in the petition as issues
of concern to the people in Malawi. In this regard, the President and
Government should be guided by the Constitutional principles set out in
section 12 (a), (b) and (c) of the Constitution as follows:
(i) all legal and political authority of the State derives from the people of
Malawi and shall be exercised in accordance with this Constitution
solely to serve and protect their interests;
(ii) all persons responsible for the exercise of powers of State do so on
trust and shall only exercise such power to the extent of their lawful
authority and in accordance with their responsibilities to the people of
Malawi; and
(iii) the authority to exercise power of the State is conditional upon the
sustained trust of the people of Malawi and that trust can only be
maintained through open, accountable and transparent Government
and informed democratic choice;
76
(f)
Government should acknowledge the fact that people have the right to
hold demonstrations peacefully and unarmed. While the right is not
absolute, it can only be limited in accordance with the law. Therefore the
relevant authorities should not inordinately delay responding to notices for
people to demonstrate;
(g)
Government should build the capacity of the Malawi Police Service by
among others, providing relevant training, increasing resources and
increasing their numbers in line with the Police Act and modern
international democratic policing
6.2 The Malawi Police Service
(a)
(b)
(c)
(d)
(e)
The Police should professionally and independently execute their duties at
all times.
The Police should ensure that the use of force and firearms is guided by
the law. The Police should observe the threshold provided in the Police
Act on their roles with regard to assemblies and demonstrations.
Police should refrain from a culture of violence and disrespect of human
rights.
The Police should thoroughly investigate the disproportionate use of
firearms during the demonstrations and in the aftermath and ensure that all
those implicated are duly prosecuted.
The Police should carry out investigations regarding the unlawful
activities of vandalism, looting, damage to property and prosecute the
people responsible for perpetrating these actions.
6.3 Civil Society Organisations
(a) CSOs should meet the threshold set in Part IX of the Police Act in planning
and executing demonstrations, in particular putting in place effective
leadership (conveners) for the demonstrations.
(b) CSOs (Organizers of demonstrations) should intensify civic education and
adequate dissemination of information before the conduct of such events. In
particular, they should ensure the effective mobilisation of the masses to
exercise the human rights in question with due regard to corresponding
responsibilities.
(c) CSOs should ensure proper planning of demonstrations, including issues of
timing, meeting places, routes, and strategies and points of dispersal etc. and
adequate consultations with relevant stakeholders.
(d) CSOs should give chance to dialogue before calling for demonstrations.
77
6.4
The media
(a)
MBC as a public broadcaster should operate professionally according to
the provision made in the Communications Act, by not being biased and
avoiding promotion of intolerant practices.
(b)
All media houses should provide fair and professional coverage of events
and desist from reporting that may incite hostility and violence.
6.5 The General Public
a) People in Malawi should take cognizance of the fact that the exercise of the right to
demonstrate peacefully and unarmed has attendant responsibilities. These should be
respected in the exercise of the right.
b) People should respect authority of the MPS as they execute their duties responsibly.
6.6
a)
The Judiciary
The judiciary should be slow in granting exparte injunctions in matters of the right to
peaceful demonstrations and assembly.
78
List of Interviewees
Religious Denominations
Kaggwa Cappuchin mission
Mvama CCAP
Lilongwe CCAP
Seventh Day Adventist
Islam (Area 49)
Living Waters Church
Civil Society Organisations (CSOs)
Malawi Watch
AYISE
Institute for Policy Interaction
Catholic Commission for Justice and Peace
Public Affairs Committee
Centre for Development of People
Malawi Human Rights Consultative Committee
Vendors Association of Malawi
Lilongwe Urban Vendors Association
Chinsapo Flea market Committee
Statutory Cooperations
Malawi Communications Regulation Authority (MACRA)
The Media
Malawi Broadcasting Corporation (MBC)
Capital Radio
Zodiak Broadcasting Station (ZBS)
The Business Community
NBS
FMB
Chipuku stores
Mulli Brothers
Political Parties
DPP
MCP
UDF
Others
Mr. Unandi Banda
Selected victims
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Bibliography
The Government of Malawi, The Constitution of the Republic of Malawi, Zomba, 1994
The Government of Malawi, The Communications Act, Chapter 68:01 of the Laws of
Malawi
The Government of Malawi, The Human Rights Commission Act (Chapter 3:08 of the
Laws of Malawi), Zomba, 1998
The Government of Malawi, The Police Act No.12 of 2010, Chapter 13:01 of Laws of
Malawi
Goran Melander, Gudmundur Alfredsson and Leif Holmstrom (ed), The Raoul
Wallenberge Institute Compilation of Human Rights Instruments, 2nd revised version,
Martinus Nijhoff Publishers, Boston 2004
The United Nations: The Istanbul Protocol, Manual on Effective Investigations and
Documentation of Torture and other Cruel, Inhuman or Degrading Treatment or
Punishment, 1999.
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