MHRC Report on 20July Demonstrations

7/31/2019 MHRC Report on 20July Demonstrations

1/26

Table of ContentsAcronyms ........................................................................................................................................ 3

1.0 Introduction ......................................................................................................................... 5

2.0 Preliminary Findings and Analysis ..................................................................................... 6

2.1 The Pre-Demonstrations Period: A Brief Situation Analysis .......................................... 7

2.2 Events during and Post the Demonstration.................................................................... 13

2.2.1 Mzuzu .................................................................................................................... 13

2.2.2 Lilongwe ................................................................................................................ 16

2.2.3 Blantyre ................................................................................................................. 18

2.2.4 Zomba .................................................................................................................... 19

2.2.5 Karonga ................................................................................................................. 19

2.3 Developments in the Aftermath of the Demonstrations ................................................ 21

3.0 Conclusion ......................................................................................................................... 22

4.0 Recommendations ............................................................................................................. 24

4.1 The State President and Government ............................................................................ 24

4.2 The Malawi Police Service (MPS) ................................................................................ 25

4.3 Civil Society Organisations .......................................................................................... 26

4.4 The media ...................................................................................................................... 26

4.5 The General Public ........................................................................................................ 26


2/26

We, the members of the Malawi Human Rights Commission submit this Report pursuant

to section 129 of the Constitution as read with sections 12 and 13(e) 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 of MHRC

..........................................

Ambassador Mrs. Sophie Kalinde - Commissioner

............

Mr. Desmond Kaunda - Commissioner

..........

Mrs. Veronica Sembereka - Commissioner

............................................

Mr. Marshal Chilenga - Commissioner

..............................................

Mr. Shenard Mazengera - Commissioner

....................................................

Mrs. Gertrude Lynn Hiwa - Law Commissioner

............................................. - Commissioner

Justice Mrs. T. Chizumila (Rtd) - Ombudsman

............................................. - Commissioner


3/26

Acronyms

ACHPR African Charter on Human and Peoples Rights

AU African Union

CCAP Church of Central African Presbyterian

CSO Civil Society Organisation

CONGOMA Council for Non-Governmental Organisations

DC District Commissioner

DPP Democratic Progressive Party

FBO Faith Based Organization

FMB First Merchant Bank

ICESCR International Covenant on Economic, Social and Cultural Rights

ICCPR International Covenant on Civil and Political Rights

ICU Intensive Care Unit

KCH Kamuzu Central Hospital

MACRA Malawi Communications Regulatory Authority

MBC Malawi Broadcasting Corporation

MCP Malawi Congress Party

MDF Malawi Defense Force

MHRC Malawi Human Rights Commission

MIJ Malawi Institute of Journalism

MK Malawi Kwacha


4/26

MoH Ministry of Health

MPS Malawi Police Service

MSB Malawi Savings Bank

NGO Non Governmental Organisation

OIBM Opportunity International Bank of Malawi

OPC Office of the President and Cabinet

PAC Public Affairs Committee

PETRA Peoples Transformation Party

PP Peoples Party

PPM Peoples Progressive Movement

UDF United Democratic Front

UDHR Universal Declaration of Human Rights

UN United Nations

QECH Queen Elizabeth Central Hospital

ZBS Zodiak Broadcasting Station


5/26

1.0 Introduction

1.1The Malawi Human Rights Commission (MHRC) is an autonomousNational Human Rights Institution established by section 129 of theRepublic of Malawi Constitution as read with section 12 of the HumanRights Commission Act, Chapter 3:08 of the Laws of Malawi. Themandate of MHRC is to protect and promote human rights in Malawi inthe broadest sense possible and to investigate violations of human rightson its own motion or upon complaints received from any person, class ofpersons or body.

1.2MHRC has observed that there have been disagreements between theGovernment and Civil Society on various issues. The disagreements haveled to a conflict situation. The conflict situation culminated in theviolence that ensued from the 20 th July 2011 Demonstration. The conflictseems to be ongoing with further demonstrations planned for 17 th August

2011. It is imperative that various stakeholders should engage inprocesses for resolution of the conflict using lawful means. TheConstitution of Malawi in section 13(l) obliges the State to activelypromote the welfare and development of the people of Malawi byprogressively adopting and implementing policies and legislation aimed atachieving the goal of peaceful settlement of disputes through putting inplace mechanisms by which differences are settled through negotiations,good offices, mediation, conciliation and arbitration.

1.3In view of the above, MHRC convened a special Commissioners meeting to discussprevailing human rights issues following the 20th July demonstrations.Commissioners resolved to undertake comprehensive investigations into the eventssurrounding the 20th July demonstrations and the violence that ensued pursuant to itsmandate of promotion and protection of human rights and investigation of violationsof human rights.

1.4This Report covers the preliminary findings and recommendations of MHRC in thecourse of its investigations. In circulating widely the information contained in thisReport to all stakeholders, MHRC is invoking its promotion and protection mandateby ensuring that all stakeholders are adequately informed before taking any further

actions. This would in turn ensure the prevention of further violations of human rightsin whatever form and by any persons.

1.5The Report also takes stock of the events surrounding the demonstrations with a viewto drawing lessons that should inform further actions by stakeholders. Further,MHRC envisages that the information would facilitate access to effective remedies by


6/26

affected parties, promote conflict resolution, peace building and dialogue in resolvingissues of common concern to all people in Malawi.

1.6This preliminary Report covers the events prior to, during and after the 20 th July,2011 demonstrations. MHRC deployed staff, led by Commissioners, on the ground toinvestigate and document the demonstration-related violence. This promoted theprocess of gathering information directly from victims of human rights violations,eyewitnesses and others. Therefore, much of the information contained in this Reportis based on information received from MHRC stakeholders, human rights defenders,human rights organizations, civil society organizations, media sources and otherindividuals, including a large number of victims of human rights violations andeyewitnesses.

1.7The public response to the call by MHRC for information was positive leading to asignificant amount of information that will form the basis of a final comprehensive

report. However, the information gathered so far has some gaps that require furtherwork. Despite these gaps and further investigations to be done, MHRC notes that theevents relating to the demonstration raise a serious human rights situation in Malawi.

1.8The evident breaches of fundamental rights and freedoms in the period underconsideration on such a large scale require thorough investigations and, with respectto the perpetrators, full accountability. For these reasons, MHRC will in addition tothis preliminary Report, continue with its investigations. Thus MHRC emphasises itscall and plea to the Government of Malawi to grant the necessary support and accessrequired for MHRCs team of investigators to effectively accomplish this important

exercise. MHRC intends to provide a more extensive assessment of the human rightssituation in Malawi in light of the demonstration-related events in the finalcomprehensive report.

2.0 Preliminary Findings and Analysis

The ensuing paragraphs outline the key findings of MHRCs fact finding exercise into theevents surrounding the 20th July Demonstrations. The findings pertain to the period

before, during and after the Demonstrations.


7/26

2.1 The Pre-Demonstrations Period: A Brief Situation Analysis

2.1.1 In order to put the findings and analysis of the events surrounding the 20th Julydemonstrations and the violence that ensued into a proper perspective, an outline

of the background to the period is necessary.

2.1.2 The ensuing paragraphs detail this background which is derived from the Petitionthat the CSOs presented to authorities on 20th July 2011. The issues werecompiled in a petition that CSOs earlier produced and submitted to authorities.The continued existence of the issues variously raised by the CSOs ultimatelyprogressed into the economic, social and political factors that are contributingfactors to the 20th July demonstrations and the violence that followed.

2.1.3 The key issues include:

(a)The acute foreign exchange shortage;(b)The acute fuel shortage;(c)ElectriCity shortages;(d)Lack of economic prudence;(e)Corruption and abuse of power;(f) Disrespect of the rule of law(g)Deliberate efforts to avoid or interrupt the holding of Local Government Elections(h)The University of Malawi crisis (failure to resolve the current stalemate between

the University Council and its two constituent Colleges) and(i) Political intolerance and violence

2.1.5 Much as the issues are non-violent, they have negative implications for humanrights, human security and development, are structural and embedded in socio-economic, legal and political sectors and are a manifestation of poor economicand democratic governance.

2.1.6 In light of these issues, the CSOs made the following demands asrecommendations

Sell the Presidential jet and minimise all foreign trips by the Head of State; Ban all importation of luxury cars (M/benz, 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 curtailedforthwith;

Superfluous costs such as the new 'eavesdropping' machine being installed at acost of US$6 million at MACRA merely to assuage creeping paranoia in an

unconstitutional manner must be discontinued and reversed forthwith;


8/26

Zimbabwe must immediately repay the US$20 million that has long beenoutstanding 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 thepricing all those who have inflated their costings 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 tobook. All forex gained through such malpractices must be returned to Malawi

immediately;

Massive fuel importers such as Paladin (usage: 3,000 litres diesel per day) mustuse their own forex 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 PIL and open the market for freecompetition;

Paladin's exports of 'yellow cake' must be checked to ensure that a fair marketprice is being charged and the proceeds are being brought back to Malawi without

any transfer pricing;

Gemstone exports must be monitored closely by trained experts to ensure that fairvalues are being declared. Malawi may have been short changed for decades in

this area due to lack of capaCity and negligence;

It may be necessary, in the short term, to listen to the IMF and devalue ourcurrency in order to gain their approval which would then open the doors for other

Donors to come in and pump much needed forex into our flagging economy. The

inflationary aspects of this can be countered by other anti inflationary measures.

It is essential to immediately mend fences with our long term developmentpartners, 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.

The bloated Cabinet must be trimmed to 14 members and their allowances of fueland air time adjusted to reasonable levels with immediate effect;

2.1.7 The CSOs proposed the time frame for the implementation of therecommendations as follows

1. Within reasonable time adopt measures and actions so that there is availability ofand access to forex.

2. Within reasonable time adopt special measures to avail adequate forex to


9/26

Petroleum Importers Limited and other suppliers so that they are able to importfuel without interruption.

3. Within reasonable time the ESCOM board and top management should bereplaced with independent experts who, within 3 months, must demonstrate thatthe 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 aninvestigation of all people implicated in the recent Malawi Housing house salescandal.

5. The Anti Corruption Bureau should start investigating ALL Cabinet Ministers andpublic servants on the unexplained wealth that some seem to have accumulated

whilst holding office. The Penal Code calls upon all citizens to explain the sourceof their wealth, All moneys stolen should be returned.

6. Within 1 month; The President should fully declare his assets, explaining sourcesof funds to acquire and develop Ndata farm.

7. The First Lady's contract should be nullified and all earnings refunded back toGovernment.

8. The Law Commission should set up a special law commission to revisit the PenalCode and the Injunctions Bill, which should lead to submission ofrecommendations within reasonable time.

9. The President should demonstrate good faith towards the Office of the VicePresident, starting by returning her official motorcade.

10.The Government should commit to hold Local Government Elections and not in2014 as announced.

11.The University Council should immediately reinstate the four lecturers dismissedduring the academic freedom stalemate, and issue a statement committing that nospies will be allowed in lecture rooms.

12.Issue a circular nullifying the instruction to require a deposit of MK 2, 000,000for mass demonstrations.

13.Immediately stop unfair usage of MBCTV public broadcaster and television tocastigate and threaten those with dissenting views.

14.Immediately stop of disregarding of court orders by the Executive arm ofGovernment

15.Immediately provide drugs in all hospitals and clinics as lack of drugs isfrustrating health/care workers and patients.

16.Immediately look at addressing health human resource for Nurses.17.Immediately address incentives of Nurses as of 300 have not been paid their

allowances for 3 years now.


10/26

18.To consider living wage as opposed to minimum wage and living wage raised toMK25, 000 a month.

19.We demand decent jobs and conditions for all workers20.We demand social protection system for the good of welfare of Malawians

2.1.8 The Governments failure to correct or to be seen as earnestly attending to theseissues contributed to increasing levels of disgruntlement in the citizenry. In somecases, the Government actually issued out statements that made it to appear tohave taken defensive or safe-saving stances leading to a buildup ofdiscontentment on the part of the Malawi populace. For instance, in a nationaladdress that the President made relating to some of these concerns, he virtuallyabsolved the Government of any responsibility and pushed blame for the variousissues of concern such as the fuel shortages, scarcity of forex, and calls for thedevaluation of Kwacha on other players such as fuel haulage companies,Commercial Banks, Forex Bureaus, the IMF among others.

2.1.9 The period before the demonstrations was also characterised by a lack of, orlimitations of, space for open, constructive and objective dialogue between theGovernment and other players, the Civil Society Organisations being the majorgrouping, to constructively discuss issues of national importance. This fueled thesituation forcing the CSO to plan for a nation-wide demonstration to forceGovernment to positively respond to the national concerns. The situationculminated in the CSOs resorting to mobilizing people to stage massdemonstrations on the issues of concern. By 8th July 2011 as indicated by theNation Newspaper, these plans by the CSOs had reached an advanced stage.

2.1.10 The CSOs formed organising Committees which held meetings in Lilongwe,Zomba, Blantyre, Mzuzu, Karonga and other districts. In Lilongwe, the MalawiPolice Service, City and district assemblies did not attend the meetings despite thenotice being sent to them until 19th July, 2011 when members of CSOs werecalled by the District Commissioner of Lilongwe District for a meeting whichstarted at around 14:00 pm. In Blantyre and Mzuzu, Zomba, and Karonga, theorganizers had a good relationship and dialogue with the Police prior to the 20 thJuly 2011 and the Police managed to attend the meetings organized by the CSOassuring maximum protection on the day. For Zomba, the cordial relationshipbetween the demonstrations organisers and the Police contributed to a goodmanagement of the demonstrations by the police which averted any violent

incidences.

2.1.11 In the course of the mobilisation of the masses by the CSOs to participate in thedemonstrations and indications from the media that relevant Governmentauthorities were non-committal on authorizing the demonstrations, MHRC issueda Press Statement relating to the developments. MHRCs statement clarified thenature and scope of the right to hold peaceful demonstrations and other related


11/26

rights as guaranteed in the Constitution of Malawi and relevant internationalhuman rights instruments. Further MHRC clarified on the obligations andresponsibilities of Government and its agencies, the organisers of demonstrationsand the public at large on the right to hold peaceful demonstrations. MHRCtherefore called on the Government to guarantee the exercise of this right and the

organisers and the people of Malawi to have regard to the attendantresponsibilities at all times.

2.1.12 In the progression of the plans by the CSOs for the demonstrations other playersmade public pronouncements of their support for the idea of the demonstrations orindications that they would actually participate in the demonstrations. Forinstance, the Vice President, opposition leaders such as John Z. Tembo of MCP,Kamuzu Chibambo of PETRA, and Mark Katsonga of PPM made indications thatthey would join the demonstrations. On its part the DPP members disseminatedinformation that discredited the organisers of the demonstration. On the 19th ofJuly 2011, a day before the demonstrations, DPP vehicles paraded people

wielding pangas and knives in the City of Blantyre chanting anti-demonstrationsongs. In the ensuing chaos, a journalist who witnessed the event was hacked onthe head.

2.1.13 The pre-demonstration period was also characterised by an intensifiedmonopolization of MBC TV, the public broadcaster which has nation-widecoverage by Government and the DPP. In this regard, MBC TV variously airedinformation that amounted to propaganda and demonization of the planneddemonstrations and labeling it as a Gay Rights campaign, which was a clearmisinformation to the general public. In a related development, the publicbroadcaster variously featured traditional chiefs who propagated messages againstthe demonstrations planned for the 20th July 2011. However, the Broadcaster didnot at any occasion air, or feature people that were in support of the CSO-leddemonstrations.

2.1.14 Furthermore, the period was also characterised by heightened hostility towardssome private broadcasters such as ZBS which had one vehicle damaged andanother torched down by unidentified persons.

2.1.15 The actions of the President as well as some Government and DPP figures prior tothe demonstrations also compounded the ready volatile situation. For example onone occasion, the President indicated that he would meet the CSO demonstratorson the streets. Furthermore, the Presidents making of a public lecture on the dayof the demonstration also exacerbated the situation. The lecture was scheduled ina manner that made it to coincide with the day that had long before beenearmarked for the demonstration, when evidently the lecture could have beenscheduled for a different date. This could have been a bid to divert peoplesattention from the demonstrations or dissuade people from participating in thedemonstrations. The Governments acquiescence to the moves of the DPP Young


12/26

Cadets that drove through the City of Blantyre in the ruling DPPs vehiclesblandishing panga knives and other arms in the presence of the Police and on theeve of the planned peaceful demonstrations also heightened the volatility of thesituation.

2.1.16 The acceptance on the part of authorities for a counter demonstration on the sameday that the CSOs planned demonstration was to be held, also worsened thesituation. Through a press statement, the organisers of the counter demonstrationsindicated that the grouping would demonstrate on the same route as proposed bythe CSOs. The relevant authorities ought to have taken a pro-active role andclarified the law on point to the grouping and the general public that the proposalfor the second demonstration was not tenable, and that in the event of a crash, theearlier group to give notice takes precedence.

2.1.17 Events close to the 20th July also show inordinate delays on the part of therelevant authority in authorizing the planned 20th July demonstrations. Interview

with the District Commissioner of Lilongwe, Mr. Paul Kalilombe indicated therewas confusion as to where the notice for demonstrations by the Civil SocietyOrganisations would be delivered. At first it was delivered to the Chief Executiveof Lilongwe City Assembly, but was later on delivered to the DC on the followingday. Upon receiving the notice, the DC called for a meeting with all concernedparties like the CSO, the police and the Chief Executive of the City Assembly tomap the way forward. As events unfolded, it was evident that no authority clearlycame out to play their rightful roles in response to the CSOs notice to holddemonstrations. On 19th July 2011 the Police was quoted in an article in the DailyTimes assuring people that they would provide maximum security to thedemonstrators. However, this did not get close to an express authority to theCSOs to go ahead with the demonstration, which according to law, should havecome from the District Commissioner in consultation with other concernedauthorities (the police, the conveners of the demonstrations). This resulted inconfusion and uncertainty; a recipe for the chaos that followed. This could havebeen averted if authorisation was clearly given in good time, creating for certaintyand ample room for the preparedness of relevant players to effectively respond tothe demonstrations.

2.1.18 The eventual obtaining of injunctions stopping both the planned demonstrationsand the counter demonstrations, on the eve of the demonstrations, by concernedcitizens: Mr. Chiza Mbekeani, through lawyer Mathews Chidzonde obtainedbefore Justice Chifundo Kachale; and Mr. James Willie and Mr. Rodrick Makaputhrough Lawyers Denning Chambers, before Justice Potani in Lilongwe andBlantyre respectively, worsened the already volatile situation. Reportedly, asindicated by Mr. Mbekeani in an interview with ZBS, on July 31, 2011 he hadconceived the idea to stop the demonstrations long before the 20th July, and hismotive to obtain the injunction was based on good faith, i.e. to protect property,


13/26

children, women, the disabled, the elderly and businesses owned by bothGovernment and private individuals.

2.1.19 The period that followed the courts restraint of the demonstrations was filledwith tension, uncertainty, and increased disgruntlement. Furthermore, in some

areas, the police compounded the situation by pre-maturely resorting toemploying force e.g. firing of teargas and beating people, in order to dispersepeople that had gathered to demonstrate but was instructed by the demonstrationorganisers not to commence the marching until the injunctions had been vacated.This led to commotion and chaos. In some instances, the CSOs leaders did nothave a presence in the areas where people had gathered to demonstrate, e.g. at theLilongwe Community Ground. This was due to the strategy by the organisers toinitially convene at Lilongwe CCAP premises in order to strategise the march. InBlantyre, the leaders had been disrupted by the Police, with whom they werediscussing the injunction and its implications. These scenarios resulted inleadership gaps which left the crowd without guidance.

2.1.20 The totality of this situation: the uncertainty and anger created by the injunctions;the absence of decisive leadership and guidance; the premature use of force by thepolice; created a hostile atmosphere and precipitated the violence that ensued. Inthe alternative, the Police could have used other measures other than force forcontaining the crowd that was unarmed and relatively calm. This approach wasactually adopted in Zomba and evidently resulted in a different situation, wherebythe demonstrations took place without incidents of violence.

2.2 Events during and Post the Demonstration

The ensuing paragraphs outline the events that took place in the course of thedemonstrations on 20th July 2011 and in the aftermath of the demonstrations. MHRCfocused its investigations in the districts where the demonstrations were reported to havetaken place. The findings from these Districts are presented in the ensuing sections.MHRC obtained relevant supporting documents on the information relating to reports ondeaths and people that were treated in hospitals discussed in the tables below.

2.2.1 Mzuzu

Church and Society of the Livingstonia Synod was coordinating thedemonstrations in Mzuzu;

On the 20th of July, the demonstrators gathered at Katoto Freedom Park to startthe marching to present a petition to Mzuzu Chief Executive Officer. Some policeofficers were present to ensure security and order;


14/26

On the robots at the junction to Karonga road, they were met with the some policeofficers who informed that an injunction had been obtained that stopped thedemonstrations and the demonstrators were advised to disperse;

This angered the demonstrators which resulted in running battles with the police; Some of the demonstrators went on rampage, looting and vandalizing property.

Three DPP vehicles were set alight; two houses were set alight, one belonging toHon. Vuwa Kaunda and being used as Mzuzu DPP office and one belonging toMr. Philbert Ngoma, an employee of Airtel Malawi; Shops and Malawi SavingsBank were also targeted in Mzuzu;

On 20th July, nine people died as a result of the violence; eight died as a result ofgunshot wounds, while one died of suffocation from tear gas.

The CSOs in Mzuzu made arrangements to bury the dead at Mzuzu Heroes Acre.However, Government objected to the idea, and the dead were buried in a mass

grave in Zolozolo Township.

Below is the identities of the people that died and causes of deaths as provided bythe Ministry of Health:

Persons who died to Mzuzu Central Hospital

No Name Age Sex Report District

1 Chimwemwe Ngwira 21 Male Died either of Asphyxia due to teargas orHypoxia due to cardiologic shock orHypoxia due to respiratory distress.

Mzimba

2 King Msuku 43 Male Died of severe haemorrhage due to possibly

gunshot and penetrating deep wounds on thechest.

Nkhata bay

3 Adam Banda 35 Male Died of severe haemorrhage due to gunshot;deep penetrating wound on left neck andupper jaw.

Lilongwe

4 Charles Chibambo 33 Male Died of severe haemorrhage due to gunshot;deep penetrating wound on mid thoracicregion; one entry wound.

Mzimba

5 Abel Kanyenda 19 Male Died of ruptured viscera, spleen andstomach due to gunshot. Radial pellets onthe chest x-ray compatible with bullets.

Mzuzu

6 Jacob Nyangali 25 Male Died of severe haemorrhage due to gunshot;deep penetrating wounds on thoracic region.

Mzimba

7 Julius Kaunda 55 Male Died of head injuries possibly due togunshot; penetrating deep wounds on directleft ear and skull; bleeding from ears and

Mzimba


15/26

nostrils.

8 Aaron Chilenje 30 Male Died of severe bleeding due to gunshot;open fracture on left femur; massive tissuedestruction on left thigh.

Mzimba

9 Samson Ngulube 23 Male Died of ruptured viscera-Liver with severehaemorrhage due to gunshot.

Mzimba

Mzuzu hospital also registered 21 casualties (17 were males and 4 were females).The table below show the identities, diagnosis and status of the people that weretreated at the hospital:

Victims taken to Mzuzu Central Hospital aliveNo Name Age Sex Diagnosis Status Home district

1 Robert Kuwali 34 Male Gunshot Operated on Nkhata bay

2 Timeyo Juwa 26 Male Gunshot Operated on Mzimba

3 Marko Simkonda 13 Male Gunshot Operated Chitipa

4 Alfred Ngulube 15 Male Gunshot Operated on andright legamputated

-

5 Wongani Kasambala 22 Male Gunshot Wound treatedand discharged

Mzimba

6 Aaron Chitenje Not

known

Male Gunshot Died after

operation

Not known

7 Elia Munthali 15 Male Gunshot Wound treatedand discharged

Karonga

8 Mary Kasale 14 Female Gunshot Bullet retrieved Mulanje

9 Mphatso Gondwe 13 Female Gunshot Wound Karonga

10 Golden Kalua 38 Male Gunshot Operated on Not known

11 Andrew Nyasulu 17 Male Gunshot Wound on theright shoulder

Mzimba

12 Winstone Mpuluka 26 Male Right hand cut Wound andtendon repair

Chiradzulu

13 Mary Wilson 13 Female Fracturesustained whilerunning

Back slab Mangochi


16/26

14 Abel Kanyenda 25 Male Gunshot Died afteroperation

Mzimba

15 Esther Phiri 21 Female Gunshot Wounddebridement

Karonga

16 James Phiri 27 Male Gunshot Bullet removed Unknown

17 Steven Soko 29 Male Gunshot Wound Mzimba

18 ChaofuMwandemange

31 Male Gunshot Operated on Mzuzu

19 Samson Ngulube 43 Male Gunshot Died afteroperation

Mzimba

20 Alex Jabili 25 Male Gunshot Operated on Mangochi

21 Chiza Mwanganya 35 Male Swollen elbowdue to trauma

X-ray andtreated

Mzuzu

2.2.2 Lilongwe

Demonstrators gathered at Lilongwe Community Centre; Before the start of the demonstrations, the police informed the CSO leaders that

an injunction had been obtained stopping the demonstrations;

The CSO convened at Lilongwe CCAP church strategizing while waiting for theirlawyer, Mr. Wapona Kita, who was working on having the injunction vacated.

Some journalists and politicians were also there; When the demonstrators were informed of the injunction by Mr. Mkwezalamba,

one of the organizers of the demonstrations, they were angered and startedchanting songs of discontent;

The police fired teargas and guns to disperse the crowd; The crowd went on rampage, looting and destroying property; Running battles between the police and the people ensued in town and townships

of Kawale, Areas 23 and 22 (near Works Training Centre).

The MDF joined to reinforce the MPS capaCity to provide security and order. Below is the list of some of the properties that were looted and vandalized:

No Name Occupation Property destroyed Location/District

1 Chipiku Stores Shop Chipiku Stores looted Lilongwe

2 First Merchant Bank(FMB)

Bank Vandalised Lilongwe

3 OpportunityInternational Bank ofMalawi (OIBM)

Bank Vandalised Lilongwe

4 Kulima Gold Agricultural Looting Lilongwe


17/26

company

5 Peoples Trading Shop Supermarket Looted and set alight Lilongwe

6 Lilongwe Auctioneersand Estate Agents

Auction andestate agents

Looted and set alight Lilongwe

7 Pakeezah InvestimentsCompany

Retail shop Looted Lilongwe

8 Mulli Brothers PharmaceuticalCompany Warehouse looted Lilongwe

9 Police houses Residentialhouses

Set alight Lilongwe

The police invaded the CCAP Church where the CSO, some journalists andpoliticians were hiding. The police, led by a Mr. Chirambo, beat up some CSOleaders (Undule Mwakasungula, Billy Mayaya, Peter Chinoko, BenedictoKondowe and Rogers Newa); journalists (Kondwani Munthali, Amos Gumulira,Isaac Kambwiri, Rabecca Chimjeka, Yvonne Sundu, Emmanuel Chibwana); andpolitician Nancy Tembo, and other people including Jean Msosa and AnjimileMtila Oponyo despite being shown and told that the injunction had been vacated;

Violence and looting continued on 21st July 2011, a day after the planneddemonstrations. This was evident in Kawale, Area 25, Lumbadzi, Mponela andChinsapo where Peoples Trading Shop, Bata Shoe Company and Chipiku Storesand a police unit were targeted;

The violence on 20th and 21st July resulted into 7 deaths in Lilongwe as recordedat Kamuzu Central Hospital. One person (Elida Kampira) died on the 20 th Julywhile the rest were deposited to the mortuary on the 21st July.

In Lilongwe the District Commissioner received a directive from the Office ofPresident and Cabinet to arrange coffins, transport and K30, 000 for funeralarrangements for those who identified the dead bodies of their relatives.

Below is the list of the persons that died and the causes of their deaths.Victims brought dead to Kamuzu Central Hospital, Lilongwe

No Name Age Sex Diagnosis Home district

1 George Thekere 21 Male Died of severe head injury due to gunshot Chiradzulu

2 Lovemore Navira 19 Male Died of haemorrhaegic shock due togunshot

Thyolo

3 Luka Ignasiyo 38 Male Died of haemorrhagic shock followinggunshot; crush fractures to the bilateralfemur; severed genetalia.

Dedza

4 Michael Ayami 36 Male Died of haemorrhagic shock followinggunshot injuries

Mangochi

5 Elida Kampira 24 Female Died of gunshot Lilongwe

6 Edward Phiri 24 Male Died of gunshot on the fore head Ntchisi

7 Unidentified Male


18/26

2.2.3 Blantyre

Demonstrators gathered at Victoria Hall led by CSO leaders with the policearound to ensure that there was security and order;

When news of the injunction reached the police, they decided to stop the peoplefrom demonstrating. The people waited for the process of vacating the injunctionbefore marching;

Various radio stations (Capital FM, MIJ Radio and Joy Radio) in Blantyre wereairing a live coverage of the events as they unfolded. In the course of thecoverage, the Radio Stations were contacted by MACRA to stop airing the livecoverage. The stations were deemed by MACRA to be contravening theCommunications Act as they were perceived to be airing information that wastantamount to inciting violence. MACRA followed up on its warning by shuttingdown the radio stations for a period of close to four hours. Other radio stationse.g. ZBS were also warned to stop airing the live coverage on the demonstrations.

When the injunction was vacated, the demonstrations started. However, there wasanother group of people that did not follow the prescribed route. They startedlooting and vandalizing property;

Running battles between the looters and the police ensued. The looting andvandalism resulted in the destruction of property. Chipiku Store in Zingwangwa,First Merchant Bank, NBS Bank and International Commercial Bank weretargeted;

Queen Elizabeth Hospital registered 2 deaths and 11 injuries as a result of theviolence that ensued. The 2 deaths occurred on 20th July 2011.

Below is the list of the identities of the dead and injured persons and causes ofdeath and injuries respectively:

Victims brought to Queen Elizabeth Central HospitalNo. Name Wound Type Age Resident Area Ward

1 Joseph Lingimani Gunshot 25 Ndirande Brought dead

2 John Mora Gunshot 13 Ndirande Brought dead

3 Philip Mkutu Deep cut 26 Chemusa Out-patient

4 Francis Songweje Cut 22 Chimwankhunda Out-patient

5 Evance Mtethe Multiple bruises 51 Nkhumbe Out-patient

6 Dean Zulu Gunshot 42 Mbayani Out-patient

7 Imani Zabula Gunshot 15 Chirimba ICU

8 Mphatso Mphoka Gunshot 25 Chirimba ICU

9 Griven Medi Gunshot 37 Chirimba 5A

10 Tenson Luhanga Gunshot 15 Chirimba 5A

11 Lackmore Misi Gunshot 18 Chirimba 5A12 Chancy Chibaka Gunshot 24 Chilomoni 5A

13 Madalitso Seyani Gunshot 16 Chilomoni 5A


19/26

2.2.4 Zomba

Demonstrators gathered in readiness to march but were stopped because of theinjunction that stopped the demonstrations. After the injunction was vacated, thedemonstrators marched peacefully and delivered the petition to the DC withpolice escort;

Some Chancellor College students were arrested when they were found lootingand vandalizing some property.

During the demonstrations and the violence that ensued on the 20th and 21st, the policearrested 259 suspects. MHRC assisted in releasing 67 of the suspects in Mzuzu.

2.2.5 Karonga

The demonstrations in Karonga were coordinated by Karonga YouthDevelopment CBO which had a series of meetings with the police in preparationfor peaceful demonstrations;

Before the start of the demonstrations, there was communication that aninjunction had been obtained to stop the demonstrations. As a result, thedemonstrators were advised to wait for court proceedings that were working onvacating this injunction;

When the injunction was vacated, the demonstrators marched peacefully to theoffice of the DC to present the petition;

After delivering the petition, the people assembled for speeches and some peoplestarted to leave the venue while the leaders were still addressing them.

When the people were going back from the DC to their respective homes,violence broke out because some people started to loot and vandalise property;

Below is the list of the property that was destroyed:No Name Occupation Property destroyed Location/District

1 S/Chief Kalonga Chief Personal vehicle burnt Karonga

2 Ministry of Water

Development andIrrigation

Ministry MG vehicle burnt Karonga

3 Mr. Chaponda Employee ofMinistry of WaterDevelopment andIrrigation

Personal vehicle burnt Karonga

4 Chipiku Stores - Chipiku building burnt Karonga

5 Bata shoe company - Bata shop looted Karonga


20/26

6 Pep store - Pep store looted Karonga

7 Greenwitch - Greenwitch house destroyed Karonga

8 Total FillingStation

- Filing Station destroyed Karonga

9 Simama buildings Businessmen(Chinese stores)

Shops looted Karonga

10 Mphasa shop Airtime seller Shop destroyed Karonga

The police used teargas and live bullets to bring order; The police arrested 36 suspects, 8 women and 28 men as perpetrators of the

violence;

One person, Mavuto Banda was shot dead by the police on the 20 th of July. Thepostmortem report indicated that he had open wounds on the left upper lobe ofthe lungs and upper aspects of the liver. Gun bullet was found buried in the chestmuscles;

Three other persons were also injured by the shooting. These are: Kondwani Jere,a guard at MRA who was shot on the upper knee area. He was shot around theChitipa-Karonga-Mzuzu roundabout; Ella and Bertha Ndileke who were shot attheir home around 19.20 hours when they were about to retire to bed; Ella wasshot on the foot while Bertha was shot on the calf muscles of the right leg.

Below is the list of casualties in Karonga.Victims of July 20, 2011 registered at Karonga District Hospital

No Name Age Sex Status District

1 Madalitso Mponda 17 Male Shot on the left hand Karonga

2 Chancy Mwanyongo 22 Male Shot on the left femur Karonga

3 Michael Mwambila 26 Male Shot on the left proximal arm Karonga

4 Kondwani Jere 34 Male Shot on the left thigh Karonga

5 Winfred Ngosi 18 Male Shot on the right femur andthigh

Karonga

6 Owen Sichali 17 Male Shot on the cheek Karonga

7 Ella Ndileke 18 Female Shot on the left foot Karonga

8 Bertha Ndileke 19 Female Shot on the calf of the rightleg

Karonga


21/26

2.3 Developments in the Aftermath of the Demonstrations

2.3.1 There were continued incidences of violence characterized by shooting, looting arrestsand beatings. These incidences of violence are what resulted into numerous deaths andinjuries as reported above. This signifies police failure to effectively respond to thesituation, particularly since the previous day (20th July) had already registered spates of

violence, which should have put the police on high alert.

2.3.2 In separate public statements, the President initially registered regret for the loss of lifeand damage to property that emanated from the events surrounding the demonstrations.In a later statement, while presiding over the graduation of Police recruits the Presidentexpressed his cynicism particularly questioning if fuel or forex was now available inMalawi following the demonstrations. On another occasion, the President blamed theleaders of the CSOs and opposition politicians for the violence that ensued during andafter the demonstrations. Yet in another statement, the President expressed his readinessto meet the CSOs for dialogue on issues raised. On other occasions the President alsostated that he would hunt for those that were responsible for the demonstrations smoke

them out. He further indicated that those whose property was destroyed had to sue theorganizers of the demonstration. Furthermore, Government through the Police issuedstatements to the effect that the police did not use live bullets on the day of thedemonstrations, the 20th but on the 21st as on this day people were engaged in criminalactivities.

2.3.3 A number of FBOs such as Catholic Bishops issued out statements calling the StatePresident to listen to peoples cries and genuinely respond to them. In addition a NewYork based international media body (Committee to Protect Journalist (CPJ)) and MISAissued out a statement condemning the banning of radio stations from broadcasting livethe demonstrations and described the action as superfluous, unconstitutional andretrogressive as it take away the right of people to access information.

2.3.4 Some NGOs and opposition UDF warned the President of more protest if the CivilSociety and political leaders are arrested. PAC also said that the Presidents remarks fellshort of peoples expectations as they contradicted his earlier call in the national addressfor contact and dialogue. PAC indicated that naming of people who should be arrestedand his appeal to the Judiciary to deal with the matter fairly are unacceptable andamount to influencing law-enforcing agents.

2..3.5 On 31st July, Sunday Nation reported that the petition by organizers of the July 20demonstrations to President Bingu wa Mutharika was yet to reach the Head of State.Several Government officials including Information Minister, indicated that Hon. Symon

Vuwa Kaunda and Presidential spokesperson, Dr. Hetherwick Ntaba were not aware ifthe petition had reach the President.

2.3.6 The First Lady, Madam Callista Mutharika made comments on 2nd August 2011 when sheofficially opened Matuli Health Centre in Mzimba that the NGOs were fighting for pettyissues such as good governance, fuel shortage and minority rights. She accused NGOs ofsoliciting money from donors to stir unrest and disturb peace in the country. She also


22/26

indicated that 85% of Malawians live in the villages and do not need fuel for vehicles andforex to travel abroad. She told the crowd that what they need is subsidized fertilizer tohave more maize to eat not go to the streets to fight for little issues.

3.0 Conclusion

3.1 The investigations by MHRC have so far shown that gross human rights violations tookplace before, during and after the 20th July Demonstrations. MHRC notes with concernthe death of 19 people and the destruction of property on 20th July and thereafter. MHRCcondemns the use of lethal force against peaceful demonstrators and urges the MalawiGovernment to protect civilians and respect fundamental freedoms, including thefreedoms of expression and assembly. MHRC condemns the looting and the destructionof property that ensued from the demonstrations.

3.2 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 rightto 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 theperson; the right not to be arbitrarily deprived of property; the right to freely engage ineconomic activity, to work and pursue a livelihood anywhere in Malawi; the right tofreedom of expression; the right to right to report and publish freely within Malawi andabroad (freedom of the press); the right of access to information and the right to assembleand demonstrate with others peacefully and unarmed.

These human rights are guaranteed by the Republic of Malawi Constitution in sections:16; 18; 19(1); 19(3); 19(6); 28; 29; 35; 36; 37; and 38 respectively. These human rights

are also provided in a number of international human rights instruments that Malawi hasratified such as: the United Nations International Covenant on Civil and Political Rights;the United Nations Covenant on Economic, Social and Cultural Rights; the AfricanCharter on Human and Peoples Rights and the Convention against Torture, Cruel,inhuman or degrading treatment or punishment. The human rights are also embodied inthe Universal Declaration of Human Rights, to which Malawi subscribes and is part ofthe Laws of Malawi.

3.3 MHRC affirms that the people in Malawi have the right to hold demonstrationspeacefully and unarmed. The state is the primary duty bearer to ensure that this right iseffectively realized. To this end, the Constitution of the Republic of Malawi in section

153 and the Police Act Chapter 13:01 of the Laws of Malawi in section 4 obligates thePolice to preserve law and order and to protect life, property, fundamental freedoms andrights of individuals, and to protect public safety. Clearly, the events surrounding the 20 thJuly Demonstration indicate that the Police did not effectively perform this role. For themost part, the manner in which the Police managed the Demonstrations of the 20 th Julyfailed to meet the threshold set out in part 9 of the Police Act. The policedisproportionately used firearms in quelling the situations that emanated from the


23/26

demonstrations. This contravened the provisions of the Police Act (sections 44 and105(5) and relevant constitutional provisions and international human rights standards.

3.4 MHRC further observes that the eruption of the violence was precipitated by a number ofstructural causes, including the roles of public institutions e.g. MACRA, MBC TV andthe Police. For example, the state broadcaster contributed to a worsening situationthrough biased reporting of events that surrounded the demonstration and broadcasting ofpropaganda.

3.5 Further, while the violence on the 20th July was for the most part sporadic the incidencesof violence that followed on the 21st July took a structured pattern, for example thecharacteristics of the places on which the violence was targeted, e.g. Police officershouses and businesses deemed to belong to DPP supporters or sympathizers.

3.6 The findings also bring out the issue of leadership gaps on the part of the organisers indirecting the people that had gathered to participate in the demonstration. To a largeextent this arose from instances where the police intervention led to their protracted

engagement with the leaders. In turn, the people were left without leadership

3.7 The injunctions that were obtained on the eve of the day earmarked for the demonstrationwas the ultimate trigger of the injunctions.

3.8 In the final analysis, the developments surrounding the demonstrations bring to the foreissues of a lack of common values between the rulers and the ruled. The events alsosignify a failure of a system for the peaceful resolution of differences that is envisaged inthe Constitution in section 13(l). This makes it imperative for the events surrounding the20th July demonstrations and the ensuing violence to be carefully examined, with a viewto drawing lessons that should inform future actions.


24/26

4.0 RecommendationsIn view of the findings in this preliminary report, MHRC makes the followingrecommendations:

4.1 The State President and Government

i. MHRC takes cognizance of the fact that Malawi is a State party to the coreinternational human rights treaties, including the International Covenanton Civil and Political Rights. Further that Malawi has a Bill of humanrights entrenched in the Constitution. Thus, MHRC calls upon the MalawiGovernment to ensure that human rights, in particular, the rights to life,

liberty and security of person, human dignity and freedom from cruel,degrading treatment or punishment are protected in all circumstances,including in the context of efforts to maintain law and order.

ii. The Government should ensure that the people that were affected by theviolence that ensued during and after the demonstrations, includingsubjection to human rights violations access effective remedies.

iii. Government should facilitate the conduct of credible and impartialinvestigations and prosecution of those found responsible for the killing ofpeople, looting and destruction of property during and after thedemonstrations. In particular, the Government should cooperate fully withand grant every access to personnel from MHRC to conduct furtherinvestigations into the 20th July Demonstrations related violence.

iv. It is imperative that the Government as obliged under section 13(l) of theConstitution should adopt mechanisms for peaceful settlements ofdisputes. To this end, the President and Government should provide andmaintain channels for contact and dialogue. In this regard, a culture oftolerance should be inculcated in the Government machinery to avertsituations where people have to resort to demonstrations to communicatecontrary views. Evidently, where demonstrations turn violent, theconsequences are far-reaching and development is derailed. The President

should arise above party politics and effectively address issues of nationalinterest. The President and Government should desist from makingprovocative remarks that may fuel further violence and instead worktowards reconciliation of differences.

v. The President and the Government should acknowledge and objectivelyand meaningfully address the state of affairs raised in the petition as issues


25/26

of concern to the people in Malawi. In this regard, the President andGovernment should be guided by the Constitutional principles set out inSection 12 (a), (b) and (c) of the Constitution as follows:

(a) all legal and political authority of the State derives from the people ofMalawi and shall be exercised in accordance with this Constitutionsolely to serve and protect their interests;

(b) all persons responsible for the exercise of powers of State do so ontrust and shall only exercise such power to the extent of their lawfulauthority and in accordance with their responsibilities to the people ofMalawi

(c) the authority to exercise power of the State is conditional upon thesustained trust of the people of Malawi and that trust can only bemaintained through open, accountable and transparent Governmentand informed democratic choice.

vi. Government should acknowledge the fact that people have got a right tohold demonstrations peacefully and unarmed. While the right is notabsolute, it can only be limited in accordance with the law. Therefore therelevant authorities should not inordinately delay responding to notices forpeople to demonstrate.

vii. Government should refrain from interfering through its machinery orotherwise in instilling fear or violence in the people;

4.2 The Malawi Police Service (MPS)

i. The Police should professionally and independently execute their duties atall times.

ii. The Police should ensure that the use of force and firearms is guided bythe law. The Police should observe the threshold provided in the PoliceAct on their roles with regard to assemblies and demonstrations.

iii. Police should refrain from a culture of violence and disrespect of humanrights.

iv. The police should thoroughly investigate the disproportionate use offirearms during the demonstrations and in the aftermath and ensure that allthose implicated are duly prosecuted.


26/26

4.3 Civil Society Organisations

a) CSOs should meet the threshold set in part 9 of the Police Act in planningand executing demonstrations, in particular putting in place effective

leadership (conveners) for the demonstrations.

b) CSOs (Organizers of demonstrations) should intensify civic education andadequate dissemination of information before the conduct of such events.In particular, they should ensure the effective mobilisation of the massesto exercise the human rights in question with due regard to correspondingresponsibilities.

c) CSOs should ensure proper planning of demonstrations, including issuesof timing, meeting places, routes, and strategies and points of dispersal etcand adequate consultations with relevant stakeholders.

d) CSOs should give chance to dialogue before calling for anotherdemonstration.

4.4 The media

Media should provide fair coverage of events and desist from reporting that may incitehostility and violence.

4.5 The General Public

i. People in Malawi should take cognizance of the fact that the exercise ofthe right to demonstrate peacefully and unarmed has attendantresponsibilities. These should be respected in the exercise of the right.

ii. People should respect authority of the MPS as they execute their dutiesresponsibly.

MHRC Report on 20July Demonstrations

Documents