Category: Malawi

News for geographical area

SAHRDN 2020 Human Rights Award Nominations now open

We are seeking nominations for HRDs – an individual or organization working in any of the 16 Southern Africa region  – who have demonstrated an exceptional commitment to human rights defending. In these COVID-19 times,  human rights defenders are continuously under pressure globally, it’s never been more important to raise the profile and honor the work, of brave women and men around the world fighting to promote human dignity usually at great personal risk. To nominate individuals or organizations, please download the nomination forms below. Please use the language of your choice as the nomination forms are in English, French, and Portuguese.

The deadline to submit the nomination forms is 31 August 2020

Zimbabwean government must stop misusing the legal system to arbitrarily arrest and detain human rights defenders.

The Southern Africa Human Rights Defenders Network (SAHRDN) demands the immediate release of Journalist Hopewell Chin’ono and opposition leader Jacob Ngarivhume, who were arrested earlier today and are being arbitrarily detained at Harare Central Police Station.

The arrest of Hopewell Chin’ono was captured on camera when police armed with guns, vandalized his property, breaking a glass door to forcibly gain entry. He was dragged away from his home without a warrant of arrest and no identification from the officers, in an incident that was tantamount to an abduction. Chin’ono, an award-winning investigative journalist has recently been instrumental in exposing high levels and systemic corruption in Zimbabwe.


“We deplore the increasing weaponization of the law to attack civic space and silence human rights defenders in Zimbabwe. Over the years we have seen the systematic misuse of the law by state security institutions, including the police and central intelligence agents, to target dissenting voices and those advocating for accountable governance. These were the same tactics used in pre-independent Zimbabwe and it’s unfortunate the phenomenon continues to exist in what is supposed to be a democratic and free Zimbabwe. Criminalizing defenders which undermines rule of law cannot be a good state policy and must be stopped immediately”

Professor Adriano Nuvunga, a steering committee member of the SAHRDN and Executive Director at the Centre for Democracy and Development (CDD) in Mozambique.

Leading human rights lawyer Beatrice Mtetwa later posted a video standing in front of the shattered door of Hopewell Chin’ono’s house, confirming the arrest of her client, but unbale to verify who had taken him and where he had been taken to. SAHRDN is aware that for several hours, Chino’ono was denied access to his lawyers, nor was he promptly informed of the charges he is facing, which was in violation of his due process rights.

Preceding his arrest, Hopewell Chin’ono had reported receiving verbal threats from ruling ZANU PF members following his corruption exposé that eventually led to the firing of Zimbabwe’s Minister of Health who was implicated in the diversion of public funds meant for COVID-19 purposes.

Jacob Ngarivhume is the President of Transform Zimbabwe, an opposition political party in Zimbabwe, who has been calling for a public protest against bad governance and corruption that is scheduled for on 31 July. Prior to his arrest, he had been similarly receiving death threats from suspected government agents or sympathizers.

The arrest of Chino’ono and Ngarivhume are the most recent in a series of arrests and attacks of human rights defenders and legitimate political opponents, targeted for merely speaking out against corruption and bad governance in Zimbabwe. Just this past week suspected state security agents broke into the house of Mr Obert Masaraure, who is the President of Amalgamated Rural Teachers Union of Zimbabwe (ARTUZ). They briefly but forcibly held his wife demanding to be told the whereabouts of Masaraure. Masaraure has been a victim of abduction and torture by state agents for his activism. ARTUZ has been key in calling for better living conditions of Civil Servants, particularly rural teachers. We also saw nurses being arrested and detained for striking for better working conditions and essential protective clothing in light of Covid-19. Young human rights activists, Namatai Kwekeza, Youngerson Matete and Prince Gora were recently arrested for staging a protests against proposed constitutional amendments. This was the second arrest of Namatai Kwekeza in less than a month.

“We urge the Zimbabwean government to comply with its obligations under regional and international law, as well as the Constitution of Zimbabwe,” said Prof Nuvunga. “Section 58, 59, 60 and 61 of the Constitution of Zimbabwe specifically guarantee freedom of expression, peaceful assembly, and association”

added Professor Adriano Nuvunga

The United Nations Special Mechanisms have recently written to Zimbabwean authorities on the abuse of human rights defenders and violation of the rights to freedom of expression, association and assembly. The continued targeting of defenders especially during a global pandemic where government should be more accountable is counterproductive.

The SAHRDN strongly calls on Zimbabwean authorities to stop persecuting human rights defenders, journalists, and democracy activists who are legitimately exercising their constitutional rights. We also call for the immediate and unconditional release of Hopewell Chin’ono and Jacob Ngarivhume and that their safety be guaranteed.

For more information please contact Simphiwe Sidu the Regional Legal Adviser at ssidu@southernafricadefenders.africa or +27736202608.

Southern Africa Human Rights Round-up

The Southern Africa Human Rights Roundup is a weekly column aimed at highlighting important human rights news in southern Africa. It integrates efforts of human rights defenders and facilitates evidence-based engagement with key stakeholders, and institutions on the human rights situation across the region. The weekly roundup is a collaboration between the Southern Africa Human Rights Defenders Network and Maverick Citizen.

When the World Health Organisation (WHO) declared Covid-19 a global pandemic on 11 March 2020, most governments in southern Africa swiftly introduced lockdowns and curfews to curb the spread of the virus.

The measures slowed the infection rates, potentially preventing calamities associated with the poor state of public health facilities in Africa. However, their most severe consequences were on livelihoods and national economies in a way that threatened stability. It came as no surprise that from May, we saw most countries slowly easing restrictive measures and opening up again — even though the peak of Covid-19 infections has not yet been reached. 

In this article, we take a look at the rate of infections vis-à-vis the state of lockdowns and the challenges that are complicating reopenings across the region.  

Lockdown measures and economic carnage

Reports indicate that 15 sub-Saharan African governments went so far as to partially or fully close their borders – closing airports, ports and in some cases land borders – before they had even confirmed a single case. 

As of 30 March, 46 of sub-Saharan Africa’s 49 sovereign states had imposed partial or full closures of their borders; 44 had closed schools, banned public gatherings, or put in place other social distancing measures; and 11 had declared a state of emergency. 

On a regional level, sub-Saharan Africa arguably responded more quickly and decisively than anywhere else in the world. 

While Africa hasn’t yet suffered the ravages of the pandemic on the scale that has hit other continents like Asia, Europe and America, analysts say Covid-19 could still have a devastating impact on the continent’s already strained health systems and is quickly turning into a social and economic emergency. According to the African Union, the continent faces its first recession in a quarter-century and has lost nearly $55-billion in the travel and tourism sectors in the past three months. 

South Africa, the continent’s largest and most developed economy, is the only African country among the 10 hardest hit Covid-19 countries in the world. South Africa is expected to experience its deepest recession for a century with at least a 7.1% contraction in GDP while the collapse in oil prices has hit Africa’s third-largest economy — Angola — as well as the second-biggest economy, Nigeria, hard. 

In May, the United Nations Economic Commission for Africa (Uneca) estimated that Africa could lose up to $65.7-billion (2.5% of annual GDP) for every month of lockdown. 

 Covid-19 update and status in the region

Worldometer reported that as of 14 July, Africa had registered 616,345 cases and more than 13,500 deaths. According to WHO regional director for Africa, Dr Matshidiso Moeti, “Even though these cases in Africa account for less than 3% of the global total, it’s clear that this pandemic is accelerating.” 

South Africa reported its biggest increase in Covid-19 infections on 9 July when the Health Ministry reported that there had been 13,674 new confirmed cases in one day. By 14 July, the number of confirmed cases in South Africa had surpassed 280,000. A record 192 people succumbed to Covid-19 in 24 hours on 7 July. Fatalities increased from 3,502 to 4,172 within a week. 

Reports indicate that by 14 July, DRC had recorded 8,135 cases, Malawi 2,430, Zambia 1,895, Eswatini 1,434, Mozambique 1,268 and Zimbabwe stood at 1,064. Namibia had 864, Angola 525, Tanzania 509, Botswana 399, while Lesotho, one of Africa’s least affected countries, had recorded 256 cases.

It is not clear what is driving the significant differences in infection rates, but there is belief that the differences in numbers may be a factor of the capacity to test and compile up-to-date statistics. South Africa has carried out and continues to carry out extensive testing while some countries like LesothoZimbabwe and Eswatini have limited capacity and therefore their infection-rate statistics will not be reliable.

Reopenings: Economic necessity or health suicide?

Due to the enormous stress the lockdowns have imposed on economies, governments in the region have gradually been reopening economies from May. Zero economic activity is unsustainable. The balance between maintaining some economic activity and containing the spread of Covid-19 is delicate.

The opening up of economies has been accompanied by some strict measures, including quarantining returnees, enforcing the wearing of masks in public, restrictions on public gatherings and continuation of physical distancing. 

The conditions in some quarantine zones in some countries and how they then become zones for the spread of Covid-19 is a matter for another day.

Despite experiencing the highest number of cases, which continue to rise, South Africa continues to move forward with its phased reopening strategy. In June, schools, churches and businesses such as restaurants, hairdressers, and hotels, among others, were allowed to reopen. On 6 July, more pupils returned to school after nearly four months of interruption. 

In a nationally televised address on 12 July, President Ramaphosa, however, announced that while the country would remain on Level 3, regulations would be tightened to ease pressure on the country’s healthcare system and slow the spread of the virus, adding that top health officials had warned of impending shortages of hospital beds and oxygen as South Africa reaches a peak of Covid-19 cases. Ramaphosa reintroduced a ban on the sale of alcohol, arguing that since the sale and distribution of alcohol was permitted again in June, hospitals have undergone a spike in admissions in their trauma and emergency wards. A night-time curfew was also reintroduced and he extended the national state of disaster to 15 August.

In response, the National Liquor Traders Council, South African Liquor Brand Owners Association (Salba), the Beer Association of South Africa, Vinpro, and the Liquor Traders Association of South Africa expressed concern that the ban will lead to more job losses. According to News24, the country’s alcohol industry directly employs about 90,000 people. 

In Tanzania, where President John Magufuli has been accused of taking an aggressive reopening strategy and has criticised local health officials for inflating the country’s Covid-19 numbers, larger gatherings – including weddings and at schools – were allowed to reopen from 29 June. 

Angola lifted its Covid-19 state of emergency at the end of May and reopened businesses at 50% capacity.

African authorities have also decided to reopen airspaceSouth Africa has resumed domestic flights while Tanzania and Zambia now have commercial flights. Tanzania opened its skies weeks ago, hoping for a tourism boost despite widespread concern that it is not being honest about the extent of infections. The country has reportedly not updated case numbers since April.

Tanzania was also the first country to reopen its borders to tourists and international travel as Africa’s tourism gears up for a comeback. 

Other countries such as Zambia and Zimbabwe have followed suit. 

Zambia’s President Edgar Lungu addressed the nation on 25 June and announced the reopening of international airports to boost international tourist arrivals. On 30 June, the government of Zimbabwe announced the easing of regulations in the tourism and hospitality sector. Restaurants will be allowed to welcome sit-in patrons, national parks will reopen and safari operators will resume economic activity. Restaurants may only occupy 50% of their licensed capacity. However, international travel remains banned. 

Zimbabwe remains under an indefinite “partial” lockdown, with a fortnightly review to determine when to reopen. Given the allegations of violations of fundamental freedoms and the arbitrary arrests and detentions of human rights defenders and political opponents, questions continue to be asked whether the indefinite lockdown in the country is meant to achieve public health or rather political outcomes.

As more African countries open their borders, the World Tourism Organisation (UNWTO) led Global Tourism Crisis Committee has drawn up guidelines to restart tourismSouth Africa, one of Africa’s most popular destinations, but unfortunately the epicentre of the pandemic in Africa, has however opted to reopen its tourism sector in early 2021.

Covid-19 and the informal economy

The impact of lockdown measures on the formal economy has been the largest trigger of efforts by many governments to reopen. Yet a significant number of African economies and livelihoods have been supported by the informal economy. In other words, Covid-19 has had a disproportionate impact on the poor and people who operate in the informal economy. 

The majority of the peopl live off the informal sector and cross-border trade. As long as the informal sector and borders remain closed, a lot of families face a humanitarian catastrophe. 

In addressing a SADC Parliamentary Forum Standing Committee on Trade, Industry, Finance and Investment meeting, Amnesty International “reckons that informal cross-border trade accounts for between $17-billion and $20-billion per annum” in southern Africa and “so if cross-border informal traders are unable to move and do business, the impact on household incomes would be dire.” 

This led Deprose Muchena, the Amnesty International Director for Southern and East Africa, to conclude that:

“While the globe is dealing with a health pandemic, Africa in general and southern Africa in particular, will be dealing with an economic pandemic.” 

The majority of the people, however, live off the informal sector and cross-border trade. As long as the informal sector and borders remain closed, a lot of families face a humanitarian catastrophe. 

In Zimbabwe, the suffering has raised political tensions with threats for a national anti-government strike on 31 July, led by the Movement for Democratic Change (MDC) Alliance, the country’s main opposition party. Faced with a combination of increasing infection rates and threats of protests, President Emmerson Mnangagwa has extended lockdown measures indefinitely, subject to review every two weeks. The reopening of schools in Zimbabwe has also been deferred owing to the rising number of Covid-19 cases. For now, it appears that the lockdown measures will respond to both the threats posed by Covid-19 and potential demonstrations.

Covid-19 reopening setbacks

Until June 2020 Seychelles had gone for “70-plus straight days without a single infection” before “two chartered Air Seychelles flights carrying more than 200 passengers also brought the coronavirus”, resulting in a situation between 24 and 30 June, where the country’s confirmed cases shot from 11 to 81. This made authorities “delay the reopening for commercial flights for its lucrative tourism industry until 1 August, if all goes well”. 

In Eswatini, the reopening suffered a huge setback when judges of the Mbabane High Court contracted the virus on 6 July, forcing the courts to close just a week after a cabinet minister had also tested positive. Schools are still closed and government plans to reopen them has sparked a fierce debate. So serious is the standoff between the government and civil society that the Swaziland National Association of Teachers has filed a court appeal against the government’s plan to reopen schools. The association argues that independent inspections at more than 22 schools had established that conditions were not conducive to learning. 

After easing restrictions for the first time in 48 days on 21 May, Botswana was forced to bring back a strict lockdown in its capital city, Gaborone, and surrounding areas after recording 12 new cases on 12 May. The lockdown was to be lifted on 16 June. On 3 July, the government announced the Ministry of International Affairs and Co-operation was being shut “due to Covid-19 exposure”.  

With Covid-19 being a poverty, inequality and human rights violations multiplier, serious questions continue to be raised on the adequacy of the Covid-19 lockdown measures and current efforts at tweaking such measures in order to facilitate the reopening of the economies. 

At the beginning of July, the president was back in quarantine for the fourth time “due to the discovery of a positive Covid-19 test result on one of the officials closely serving His Excellency the President Dr Mokgweetsi Eric Keabetswe Masisi”.

On 15 July, BBC News reported that as doctors, unions and management fight over scarce resources in South Africa, one senior doctor described the situation as “an epic failure of a deeply corrupt system”, while another spoke of “institutional burnout… a sense of chronic exploitation, the department of health essentially bankrupt, and a system on its knees with no strategic management”.

RFI reported on 28 May that more than 400 people escaped from Kamuzu Stadium quarantine centre in Malawi — at least 46 of them had tested positive for the virus. Reasons for desertion included complaints of inadequate food, not enough bathrooms or other facilities at the stadium they were placed in while others simply bribed the police to escape. On 6 July, Malawi, which took to the polls on 23 June in a fresh presidential election, cancelled its independence celebrations that had been scheduled to coincide with the new president’s inauguration ceremony owing to a sharp rise in Covid-19 cases. 

In South Africa, teacher unions have strengthened calls for schools to close again after President Cyril Ramaphosa confirmed that the country’s Covid-19 peak is yet to come. Several teachers and students were infected with the virus at schools.

“Covid-19 is a global public health challenge, but in Africa, the malady has metamorphosed into an “economic pandemic” requiring bold and innovative parliamentary and governmental responses.” 

Deprose Muchena of Amnesty International says

While governments have been pushed to reopen economies largely by the impact of Covid-19 measures on the formal economy with estimated losses of $65.7-billion per month for each month of lockdown, according to Uneca, it is the carnage on the poor who rely on the informal economy worth $17-billion to $20-billion a year in southern Africa alone that the greatest impact on household incomes is felt. 

With Covid-19 being a poverty, inequality and human rights violations multiplier, serious questions continue to be raised on the adequacy of the Covid-19 lockdown measures and current efforts at tweaking such measures in order to facilitate the reopening of the economies. 

The predominantly weak economies in the region cannot cope for long without opening up. Yet without measures to enforce the conditions necessary for safe reopenings, it appears there is a looming danger of a further spike in infections and with it a possible return to strict lockdowns. The cost of another wholesale lockdown in southern Africa is economically unfathomable and a potential human rights disaster of incalculable proportions. 

Arnold Tsunga is a human rights lawyer and the technical and strategy adviser of the Southern Africa Human Rights Defenders Network. Tatenda Mazarura is a woman human rights defender (WHRD), a professional rapporteur and an election expert. Mark Heywood is editor of Maverick Citizen.

The Southern Africa Human Rights Round-up

The Southern Africa Human Rights Roundup is a weekly column aimed at highlighting important human rights news in southern Africa. It integrates efforts of human rights defenders and facilitates evidence-based engagement with key stakeholders, and institutions on the human rights situation across the region. The roundup is a collaboration between the Southern Africa Human Rights Defenders Network and Maverick Citizen.

On 7 July 2020, the government of Malawi issued a little-noticed announcement, withdrawing its decision on 12 June that the country’s chief justice, Andrew Nyirenda, had to go on compulsory leave pending retirement. In a nod to both the separation of powers and judicial independence, the notice acknowledged that the matter of the chief justice’s leave and how or when it should be taken was a “matter between the Honorable the Chief Justice and [the] Judicial Service Commission”.

It was a fitting bookend to the recent story of one of Africa’s unquestionably more unlikely political models, where the judiciary has emerged with credit in policing the ground rules of democratic politics.

In the 26 days from 12 June to 7 July, Malawi navigated a tumultuous path back to the future. On Sunday 14 June, the High Court of Malawi issued two orders suspending the presidential notice that would have effectively sacked the chief justice.

Two weeks later, on 28 June, Lazarus Chakwera, a Pentecostal pastor, took the oath as independent Malawi’s sixth president, replacing Arthur Peter Mutharika, the law professor whom he defeated in the rerun in June 2020 of a ballot from May 2019, which Malawi’s courts had found to have been characterised by high electoral larceny.

The path to this outcome was both tortured and, in the view of many people outside Malawi at least, improbable.

The Tipp-Ex elections

When Malawi went to the polls to elect a president on 21 May 2019, there were 10 parties on the ballot paper. They included Peter Mutharika of the Democratic Progressive Party (DPP), first elected in 2014. He was running for a second term.

Mutharika’s vice-president, Saulos Chilima, having fallen out with him, ran on the platform of the United Transformation Movement (UTM). Chakwera was the candidate of the Malawi Congress Party (MCP). Also on the ballot was Atupele Muluzi of the United Democratic Front (UDF).

Malawi’s first-past-the-post  electoral system was designed to produce as the winner the candidate with the highest lawful votes. The Malawi Electoral Commission registered 6,859,570 voters to vote in the ballot.

At the end of the contest, the commission announced a turnout of 5,105,983 votes, crediting Mutharika with 38.57% of the votes, Chakwera with 35.41% and Chilima with 20.24%. Muluzi came a distant fourth with 4.67%.

Both Chakwera and Chilima were unhappy with the declared results. The public mood was also fractious, and there were allegations that the electoral commission, led by supreme court justice Jane Ansah, had rigged the polls. Duelling public protests ensued, with vocal civil society advocating that #JaneAnsahMustFall as others claimed that she was the victim of targeted misogyny.

With the support of civil society, Chakwera and Chilima headed to Malawi’s constitutional court to challenge the results. On 3 February 2020, the court nullified the result and ordered a fresh presidential ballot with two stipulations. First, the rerun had to be held not later than six months from the judgment. Second, the winner had to emerge with a clear majority of at least 50% plus one of the votes cast. This was a high threshold for a country where presidential contests had historically been squeaky affairs.

As he was entitled to, Mutharika appealed the judgment to the supreme court. On 8 May, the supreme court affirmed the judgment of the constitutional court, throwing out Mutharika’s appeal. In doing so, the court identified three categories of irregularities that had marred the elections. It found “documents whose contents were altered by either the use of Tipp-Ex, a manual crossing out of the original content or overwriting on the original document. Then there are … completely new documents. In other words, documents that were never, at all, submitted by the polling station. Examples are duplicate, fake, reserve and uncustomised documents. The third category is unsigned documents.”

Under the terms of the court orders, the rerun was set to take place on or before 2 July. There was not a lot of time to get it done. This was only the second time that a court in Africa had nullified a presidential contest.

The first time, in 2017 in Kenya, ended in a fiasco when the irate ruling party decided in response to eviscerate the electoral process to the point where the opposition effectively pulled out of the rerun, paving the way for the incumbent to emerge practically unopposed.

Courts vs. despots

By the time the Malawi supreme court had handed down its judgment, the world was already in the throes of the Covid-19 pandemic. In other parts of Africa, Mutharika’s peers had set about using the pandemic as cover to retain power. In Guinea, President Alpha Condé used it to amend the constitution in order to secure a life presidency. In Burundi, President Pierre Nkurunziza saw in the pandemic an opportunity to install his hand-picked successor.

This was an appealing playbook for Mutharika. On 20 March, he proclaimed an indefinite “state of national disaster” during which he banned “all gatherings including weddings, funerals, church, congregations, rallies and government meetings” of more than 100 people. With this he sought to ban all political rallies during the period preceding the proposed rerun.

Five weeks later, on 28 April, high court judge Kenyatta Nyirenda stopped Mutharika’s government from “suspending or implementing the complete closure of religious gatherings”.

For Mutharika and his coterie, the courts and the church were tag-team against him in a contest in which his biggest opponent was a pastor. It was an odd place to be for somebody who is arguably Malawi’s best known law professor. He should have known that Malawi’s political history was defined by the contest between courts and despots, one in which his own family members have been prime actors.

On Christmas Eve in 1981, the government of Malawi’s founding president, “Ngwazi” Hastings Kamuzu Banda, abducted Malawi’s exiled first attorney-general and justice minister, Orton Chirwa, and his wife, Vera, from Zambia and returned them to the capital city, Lilongwe.

Orton was the founding president of the MCP, which led Malawi to independence in 1964. He was also Malawi’s first lawyer. As minister in the transitional government of 1962, Orton took issue with the presumption of innocence and burden of proof in criminal trials, arguing for their replacement with traditional African norms and institutions. As attorney-general, he pushed for these reforms but was turfed out of cabinet in September 1964 in a power tussle with Banda, before the reforms were promulgated.

A sequence of unsolved murders in the country ended up in the Chilobwe murder trials in 1969, which collapsed when the prosecution could not meet the standard of proof. In response, Banda scrapped criminal trials by regular courts, transferring jurisdiction over crimes to traditional courts, comprising a traditional chief as chair, with three citizen assessors and one lawyer.

Banda, by this time also his own justice minister, appointed the traditional leaders. They also reported to him. In an ironic twist of fate, Orton would be arraigned for treason in 1983 before the kind of traditional courts he had advocated for as attorney-general. His trial was a charade. The court denied him and Vera – herself Malawi’s first female lawyer – legal defence or the right to call witnesses.

He was initially sentenced to death on conviction, but Banda commuted this to life imprisonment. Orton spent the remainder of his life in solitary confinement at the Zomba prison in Malawi, where, in December 1992, he died at the age of 73.

It was the eve of Malawi’s transition from the despotism of the “Ngwazi”. In 1994, under the new multiparty constitution, Banda ran against and lost to Bakili Muluzi of the UDF, who himself had served Banda as minister. In 2003, a term-limited Muluzi sought to amend the constitution to extend his tenure.

Frustrated by the courts and the people, he chose a little-known economist and former deputy governor of Malawi’s central bank, Bingu wa Mutharika, as his successor. Following a royal falling-out between them, Bingu fled Muluzi’s UDF to start up the DPP. In 2009, Muluzi sought to return to presidential politics, but the courts ruled him permanently term-limited.

Seeking to consolidate power, Bingu tapped his own brother, Arthur Peter, as his closest adviser and minister, before installing him formally as his chosen successor as DPP leader. When Bingu died suddenly in 2012, his brother attempted to short-circuit the constitutional line of succession by hiding his demise and then exporting his body to South Africa in the hope that some malefaction could be invented to stop the vice-president from taking over.

He failed and the body of his older brother suffered the indignity of being buried in a state of considerable putrefaction. A man who could do that to the remains of his brother and benefactor should not have been entrusted with power, but in 2014 the people of Malawi did.

Back to the future

In the end, the country got tired of the despotic sleaze and cronyism of Peter Mutharika. Forcing him out, however, produced a drama fit for the script of Back to the Future. After being thrown out of power in 1994 following the 30 despotic years of the “Ngwazi”, the MCP was reluctantly accepted by Malawians this time as the vehicle for their political progress.

In doing so, however, they forced it to form alliances with nine other parties in the Tonse (together) Alliance, providing the kind of broad platform for what would become a sweeping victory and constraint on abuse of power.

To resist the Tonse Alliance, the Mutharika family made up with the Muluzis, enabling Atupele, Muluzi’s son, to become Mutharika’s running mate on the losing ticket.

The result is a rousing tale of democracy in all its messiness and inspiration. In all this, the people of Malawi found the voice to defend their democracy. When, therefore, Mutharika sought to oust their chief justice and eviscerate their judiciary, they rose as one to defend it.

In an unspoken understanding, Malawi’s judges have earned trust as the representatives of the only institution capable of holding the balance of power against the machinations of these resilient political families. It is an African example that should command attention beyond its own borders. 

Chidi Odinkalu is a former chair of Nigeria’s National Human Rights Commission and works with the Open Society Foundations.

The Southern Africa Human Rights Defenders Condemns Xenophobic Attacks against Foreign Nationals in South Africa

The Southern Africa Human Rights Defenders Network (SAHRDN) calls on the Government of South Africa to immediately adopt measures that guarantee the protection of foreign truck drivers from the ongoing violence, intimidation, and harassment that is occurring in the country.

Since the start of July 2020, calls were made by several local organizations, including the All Truck Drivers Foundation (ATDF), for a national truck shutdown over the hiring of foreign nationals in South Africa. Actions taken by the ATDF thus far have included blocking several roads across the country, looting, torching of trucks and attacks of foreign national drivers. Furthermore, several reports indicate that there are also widespread plans to attack foreign-owned shops across the country. 

“The attacks on foreign nationals in South Africa, particularly those who come from other parts of Africa and Southeast Asia, are not new”, said Simphiwe Sidu, Legal Advisor of the SAHRDN. “What we are witnessing is part of a larger societal issue concerning the ongoing systemic challenge of achieving an equal society, particularly in relation to race, class and nationality”, added Miss Sidu

The Constitution of South Africa is founded on the values of equality and the creation of a non-racial and non-sexist society. Section 9 of the Constitution guarantees the right to equality and equal protection and benefit of the law for every person, including foreign nationals who are within the borders of South Africa. In addition, South Africa is a party to a number of international human rights instruments, which promote the right to equality and non-discrimination. Some of these instruments include the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights, which all prohibit discrimination and guarantee the equal protection of every person according to the law.

According to previously published reports by Xenowatch, more than 300 deaths and 900 physical assaults related to xenophobia have occurred since 1994 in South Africa. Additionally, more than 100 000 foreign nationals have been displaced within this period. Although the South African Government has recently adopted a National Action Plan to combat xenophobia, research shows that the attacks continue to worsen, and little has been done by the criminal justice system of the country to hold perpetrators of such actions accountable.

While President Cyril Ramaphosa has previously spoken out against the attacks on foreign nationals, we believe that there further needs to be a strong demonstration of leadership from all sectors of government in order to protect the rights and interests of all foreign nationals in the country. The SAHRDN embraces the spirit of Ubuntu and Pan-Africanism, and we call on Mr. Ramaphosa as both the President of South Africa and Chairperson of the African Union to safeguard the unity and protection of all Africans, by ensuring that:

  1. The Police and every other relevant stakeholder to immediately investigate the criminal acts and ensure that perpetrators are brought to justice for the harm done.
  2. Government needs to take urgent measures in reforming and implementing the National Action Plan to combat Xenophobia, by inviting all relevant stakeholders, including Civil Society Organizations and the public for comments.
  3. Government needs to urgently tackle the root cause of Xenophobia in South Africa, including eradicating inequalities in the country in order to promote peace and stability, within the framework of the South African Constitution and any other relevant instruments.
  4. Government should promote the founding values of the Constitution by seeking to ensure the need for equitable access of services for every person who lives in the country.

Southern Africa Human Rights Round-up

The Southern Africa Human Rights Defenders Network and Maverick Citizen launched the Southern Africa Weekly Human Rights Roundup, aimed at highlighting important human rights news in Southern Africa. The Human Rights Roundup integrates efforts of human rights defenders and facilitates evidence-based engagement with key stakeholders, and institutions on the human rights situation across the region.

As Covid-19 takes hold in Africa, with rising numbers of infections, governments should prioritise the protection of Women Human Rights Defenders (WHRDs) who remain vital vehicles for social change and rights protection in the region.

The Covid-19 crisis has triggered disproportionate risks for marginalised and vulnerable communities globally and has made plain the structural inequalities built into our world. Across the globe, there has been an increase in authoritarianism and state repression in response to the pandemic, and southern Africa is no exception. Governments in the region have cracked down on dissent, activism and rights and increasingly securitised their enforcement of Covid-19 regulations. Thousands of citizens face fines, arrests, harassment and violence for violating Covid-19 regulations. 

WHRDS have played a significant role in fighting against this rollback of rights. Over the past three months, my organisation, the Advancing Rights in Southern Africa Program at Freedom House (ARISA) has spoken to WHRDs from Angola, Eswatini, Botswana, Lesotho, Mozambique and South Africa and participated in regional discussions to assess the impact of the pandemic and government responses on WHRDs and their work. We found that in addition to the unrelenting nature and impact of the public health crisis, repressive government actions pose a serious threat to WHRDs and the rights of vulnerable and marginalized communities.

International human rights organisations have warned that Covid-19 measures in many countries have further restricted the space for civic activism. WHRDs in southern Africa have long faced government-backed threats and harassment in retaliation for their activism. Those who speak out are routinely subjected to arrests, threats of, and acts of violence, and gendered attacks and harassment, including online.

In the context of Covid-19, this has been reinforced by the particular effects of the pandemic on women, such as the additional burden of care, restricted access to health services, and a reduction in income for women in the informal sector. WHRDs are at the forefront of mitigating these negative effects, calling for greater women’s representation in government health responses and ensuring that women’s rights are protected. This has brought them in direct opposition to some governments and led to attacks and their exclusion from national government health responses to the pandemic.

For example, in Zimbabwe, security forces arrested, abducted and tortured three women members of the opposition Movement for Democratic Change-Alliance in May, after they participated in a citizen demonstration over the lack of government assistance for poor and vulnerable communities during the pandemic. The women were released but later arrested for violating lockdown regulations and making supposedly false reports about their abduction and torture. They spent several days in custody – putting them at great risk of Covid-19 infection – before they were released on bail. 

In South Africa, attacks have taken place in the context of gendered socio-economic rights violations. Soon after a government declared nationwide lockdown in March, security forces evicted hundreds of shack dwellers in parts of the Western Cape and KwaZulu-Natal, despite a moratorium on evictions during the Covid-19 crisis. Evictions often disproportionately and adversely affect women and children. Gender activists seeking to prevent local authority-led evictions faced threats of arrest and violent treatment by the security forces. Police fired rubber bullets at scores of community members and activists protesting the evictions in the Western Cape.

WHRDs face additional barriers of economic and structural discrimination, which have been worsened by the pandemic and government restrictions. WHRDs and human rights organizations in Angola, Eswatini, Lesotho, Botswana informed ARISA that government resources for Covid-19 have failed to reach WHRDs and women’s rights organisations working in remote areas even though many are on the frontline of pandemic responses.

Organisations providing legal services for women reported a reduction in access to courts and legal information on women’s rights due to travel restrictions mainly in rural areas. Organisations have been unable to reach women who have in turn struggled to access courts for adjudication and redress.

In Lesotho and Eswatini, women’s rights organisations reported that they had struggled to provide legal services to women involved in land grabbing and land dispute cases. The organisations reported a fear of a spike in women being evicted from their land due to a lack of access to their services and legal dispute mechanisms.

Indigenous People’s Organisations (IPOs) and those working with indigenous communities in Angola, Botswana and South Africa have also stressed the specific effects of Covid-19 on indigenous women. Indigenous women face multiple layers of discrimination and limited access to health and other social services. Government regulations in response to the pandemic have heightened these challenges.

IPOs in Botswana informed ARISA about the lack of information on the pandemic in indigenous languages and a lack of resources to specifically address indigenous peoples’ needs. Indigenous women, who often have lower literacy rates but have the greater burden of care than indigenous men, are likely to be most affected by the dearth of information.

WHRDs have also reported that governments have failed to take the impact of Covid-19 on women’s livelihoods into account in their legislative responses to the pandemic. While various national regulations in the region have allowed for essential services, including food manufacturing and supermarkets to remain operational, informal traders – a large percentage of whom are women – have been excluded by these regulations.

Initial lockdown measures in almost all countries in the region required informal traders and vendors to vacate their trading sites. In many instances, these bans have remained largely in place, even as countries have eased their lockdowns. The bans and restrictions have impacted rural women and women informal traders.

In Angola and Eswatini, women’s rights organisations reported that many rural women farmers were unable to sell their produce and lost earnings. In Lesotho, Covid-19 regulations failed to include informal traders and rural women farmers as essential goods and services providers leading to questions of whether rural women farmers and traders could continue to operate without violating regulations. In Namibia, the City Council of Windhoek initially closed all informal markets before re-opening some informal markets under strict conditions. In Zimbabwe, even as the government eased restrictions, it retained its ban on informal traders. In one case, police in Mutare, in the eastern province of Manicaland, confiscated and burnt tons of fresh produce at the province’s largest open-air fresh food market as part of enforcing lockdown measures.

WHRDs have also had to deal with a spate of gender-based violence cases during the pandemic. While gender-based violence in southern Africa is endemic, the number of reported cases of violence against women in a number of countries has increased during the pandemic. A women’s rights organization in Lesotho informed ARISA that the country recorded 1,450 cases of gender-based violence, including 12 cases of femicide during the country’s emergency lockdown. They reported that the number had surpassed annual numbers of gender-based violence in the country.

In South Africa, despite police figures indicating a decrease in reported cases of domestic violence during the lockdown period compared to previous years, calls to domestic violence hotlines increased significantly. As Covid-19 restrictive measures eased, a spate of femicides in the country compelled President Cyril Ramaphosa to condemn the rise in gender-based violence cases. Women’s rights activists have called for tougher action by the police and expressed frustration at the slow-pace of reforms to address gender-based violence.

Government-led pandemic health responses in local, national and regional Covid-19 policy and decision-making spaces have in many cases failed to reflect women’s experiences.

Although women constitute over 50% of the poor population in the Southern Africa Development Community, their views are often overlooked. There are few WHRDs or women’s rights organisations represented on national Covid-19 task forces or committees and their expertise and knowledge has not been fully incorporated into public health responses.

In Malawi, WHRDs called for equal representation of women and men in the decision making process after former President Peter Mutharika announced the restructuring of a special cabinet committee on Covid-19 to a task force in May. Only four out of the 21 members of the task force were women. Another organisation, Human Rights of Women and Girls with Disabilities (HRWGD), made a similar call highlighting the lack of women with disabilities on the task force.

In grappling with these multiple challenges from the pandemic, WHRDs are experiencing significant socio-psychological pressure. They face extra burdens of care in their homes, loss of earnings and the threat of infections in their interactions with communities. In Botswana and Zimbabwe, women journalists informed ARISA that the pandemic had added to their hours of work and placed extra burdens on their lives. This was coupled with the fear of infection due to a lack of protective equipment and overexposure to the virus in the course of their work.

The reduced public visibility of WHRDs and their reporting on rights due to Covid-19 restrictions has heightened the risk of violence for many WHRDs and further impacted their social and mental wellbeing. WHRDs reported that they felt less safe during Covid-19 lockdowns. Some reported experiencing more online harassment after they turned to online forms of activism and mobilisation during the pandemic.

However, it’s not all doom and gloom. The crisis has also led to different forms of mobilisation by WHRDS, including in responses to the crisis. Throughout southern Africa, WHRDs are providing essential services, distributing food, care packages and protective equipment to communities and bolstering government responses. They are working closely with local authorities and donors to generate awareness about the needs of the most vulnerable and ensuring that they are catered for. WHRDs have also shone a spotlight on national inequalities and inequities and engendered critical reflection by governments on the need for rights respecting and inclusive political and socio-economic reforms.

The catalytic role that WHRDs play in the region underscores the need for the introduction of government protections for WHRDs in the region that is not only representative and consultative in approach, but responsive to their multiple and intersectional needs. 

Tiseke Kasambala is the Chief of Party, Advancing Rights in Southern Africa Program.

Southern Africa Human Rights Round-up

The Southern Africa Human Rights Defenders Network and Maverick Citizen launched the Southern Africa Weekly Human Rights Roundup, aimed at highlighting important human rights news in Southern Africa. The Human Rights Roundup integrates efforts of human rights defenders and facilitates evidence-based engagement with key stakeholders, and institutions on the human rights situation across the region.

Every year, the African Union (AU), besides electing a new Chairperson, adopts a theme for the year. At the AU Summit in Addis Ababa, Ethiopia, in February 2020, President Cyril Ramaphosa was elected as the AU Chairperson for 2020. The theme “Silencing the Guns in Africa by 2020” was also adopted with the primary objective to achieve a conflict-free Africa. 

In this article, we analyse how well Africa has performed in efforts at Silencing the Guns, taking into account the context of the fight against Covid-19. We are also halfway through 2020, making it a good time to stop and look at whether the theme can be achieved in earnest. 

Africa Day Commemorations 

In May 2020, this year’s Africa Day and Africa month celebrations were held under the theme: “Silencing The Guns: Creating Conducive Conditions for Africa’s Development and Intensifying the Fight against the Covid-19 Pandemic.”

Unfortunately, the celebrations happened amid ongoing conflicts on the continent in the Democratic Republic of Congo (DRC), Mozambique, South Sudan, Libya, Zimbabwe, Somalia, Lesotho and countries in the Sahel region. It was also in the middle of the Covid-19 pandemic, a health crisis that is also inflicting damage of incalculable proportions on African economies and raising social as well as political tensions in many states across Africa.

As a result, AU leaders and AU civil society had sharply contrasting views about Africa’s performance and prospects for silencing the guns. 

In his Africa Day speech, President Hage Geingob of Namibia reported that Africa continues to make progress and has witnessed an increase in regular free and fair elections, smooth transition of power between presidents, increased levels of transparency, strengthening of democratic governance architectures by refining processes, systems and institutions, and increased respect of independent institutions, for example, court decisions after election disputes. 

In sharp contrast, the International Trade Union Confederation (ITUC-Africa), representing millions of workers across Africa, lamented in their commemorative statement that: 

The road to a real integration in Africa remains strewn with challenges such as poor leadership and abuse of democratic rights, institutionalized corruption, violent conflicts, poor infrastructure, poor public services, dependent mentality and above all, lack of confidence and ability to take our destiny into our own hands… today the Covid-19 health crisis in the world has exposed Africa in all its weaknesses.” 

The Southern Africa Human Rights Defenders Network (SAHRDN) and its sister sub-regional networks, under the umbrella body of the Pan-Africa Human Rights Defenders (AfricanDefenders), reacted to the Africa Day celebrations by asserting that the celebrations offer a historic opportunity to remind AU leaders that “silencing the guns” and defeating Covid-19 are not just mutually reinforcing objectives, but are critical enablers of creating an inclusive and prosperous Africa, which is anchored on sustainable peace, justice, equality, human dignity and equal opportunities for all.

SAHRDN pointed out that Africa still lags in implementation of the human rights and developmental standards that it has set for itself. This mismatch between adopted standards and their implementation has led to the post-independence African states being unable to adequately transform and improve the lives of African people and the African continent. 

A significant number of AU member states lack the political will to domesticate and implement many progressive protocols and instruments they voluntarily developed and adopted at various summits. Despite the existence of the frameworks and instruments such as the African Charter on Democracy, Elections and Governance, the AU Peer Review Mechanism, and the AU Governance Architecture Framework, unaccountable governance remains rife. 

Corruption, organised crime including trafficking in people and precious resources, State Capture, money laundering and illicit financial flows continue with impunity and are part of the governance culture in many countries.   

SAHRDN points out that these ills are the structural drivers of violent conflict and until they are dismantled in a systematic and sustained way, the vision of a conflict-free and fully developing Africa remains a pipe dream.

Countries where guns speak louder than words

On Africa Day, the Libyan capital was under siege in fierce fighting between forces loyal to rebel leader Haftar (called the Libyan National Army), and the forces loyal to Libya’s internationally recognised government. The Haftar forces are supported by the United Arab Emirates, Egypt and Russia while Turkey supports the recognised government. 

Libya has the world’s largest uncontrolled ammunition stockpile, with an estimated 150,000 to 200,000 tonnes of uncontrolled munitions across the country, meaning there is little hope that guns will be silenced any time soon.  

In May 2020, at least 300 people were killed in a “fresh wave of intercommunal fighting in South Sudan”, in Jonglei state. Homes were destroyed, warehouses belonging to aid groups raided, and women and cattle abducted. A staggering 380,000 people have been killed in South Sudan’s civil war. 

Amid this prolific intra-state fighting, South Sudan is not spared the ravages of Covid-19: Vice-President of South Sudan, Riek Machar, and several other members of the South Sudan Covid-19 task force have tested positive.

In Mozambiqueas AU leaders were celebrating Africa Day, there were reports of insurgents carrying out “some of their most daring assaults, seizing government buildings, blocking roads, and hoisting black and white Islamic State flags in Cabo Delgado’s towns and villages. In the attacks, villages were burnt down and people beheaded. The militants also killed government soldiers before retreating into the bush.” 

In Somalia, Amnesty International continues reporting on civilian casualties mounting “from the United States military’s secret air war in Somalia, with no justice or reparation for the victims of possible violations of international humanitarian law”. 

During the Africa Day celebration week in the Central African Republic, where one in four Central Africans still remains either internally displaced or living as a refugee, fighting between rival militias left at least 25 people dead and 51 injured. 

In March 2020, the New York Times reported that in the Sahel region “the Islamic State in the Greater Sahara, a potent armed group with loose ties to the Islamic State, has been conducting sophisticated attacks in the border regions of Mali, Niger and Burkina Faso. In the past four months, militants have raided four major military outposts in Mali and Niger, killing 300 soldiers”.

‘Low intensity’ conflicts: the violence of hunger and corruption

In Zimbabwe, a low-intensity conflict has raged on for over two decades, anchored in the failure to build a genuine multi-party democratic state.  Despite its immense economic potential, the refusal of the Zanu-PF elite to embrace political pluralism and tolerance has trashed the economy, and caused a social crisis that has degenerated into a humanitarian emergency: The World Food Programme has projected that over 9 million people are food insecure

The current stranglehold on the opposition, including arbitrary arrests and detentions, enforced disappearances and abductions, torture, inhuman and degrading treatment, extra-judicial killings, resource and economic asphyxiation, politicisation of humanitarian support and weaponisation of the law all point in a direction towards a one-party state and an anti-democracy development. 

The impact of this low-intensity conflict has produced the same results as a country going through a full-blooded war like South Sudan. 

Since its return to democracy in 1993, Lesotho has been plagued by political instability. A never-ending low-intensity conflict has not given the country a chance to develop. The Southern African Development Community (SADC) deployed a Commission of Inquiry under the leadership of Judge Mpaphi Phumaphi that produced a set of recommendations that have not been fully implemented. Analysts say that South Africa’s “frequent involvement in Lesotho’s politics has not helped the mountain kingdom achieve lasting peace. Instead, it has had the unintended consequence of encouraging Basotho politicians to act in intransigent and inflammatory ways.”

From aspirations to real action

If guns are to be silenced, there is the need for the AU to be true to itself by acknowledging its glaring shortcomings rather than engaging in self-praise. 

A united and prosperous Africa also requires respect for democratic governance, rule of law and dignity of its citizens. The AU needs to be people-centred and based on genuine commitment, and political goodwill. It is inexcusable for AU leaders to run the continent on aspirations only and not on concrete actions.

The big and unanswered question is how the AU vision can be achieved within the context of the current leadership or lack of it, and the current system of largely unaccountable governance in many parts of Africa. Now, there is a danger that Covid-19, which has once again exposed the inequalities in Africa, can further reinforce the already-existing trend to authoritarianism and may significantly undermine the AU’s objectives to silence the guns.

It is clear that the guns will not be silenced in 2020. The question is whether they ever will and what it would take to make peace and equal rights a reality rather than a political slogan?

The overly optimistic mood of the chairperson of the AU on Africa Day 2020 sounded fake. It was hollow, and meaningless amid the inequality, poverty and injustice that pervade the continent. 

Civil society still believes that another Africa is possible. Civil society welcomes the dream of “silencing the guns”. But it will take a different brand of political leaders to achieve it. DM/MC

Arnold Tsunga is a human rights lawyer, director of the Africa Regional Programme of the International Commission of Jurists (ICJ) and the technical and strategy adviser of the SAHRDN. Tatenda Mazarura is a woman human rights defender (WHRD), a professional rapporteur and an election expert. Mark Heywood is editor of Maverick Citizen.

Southern Africa Human Rights Round-up

The Southern Africa Human Rights Defenders Network and Maverick Citizen launched the Southern Africa Weekly Human Rights Roundup, aimed at highlighting important human rights news in Southern Africa. The Human Rights Roundup integrates efforts of human rights defenders and facilitates evidence-based engagement with key stakeholders, and institutions on the human rights situation across the region.

This issue focuses on the impact of Covid-19 on workers’ rights across Southern Africa.

The restrictive measures imposed by governments to combat the spread of the pandemic has resulted in economies shrinking, businesses closing and severe deindustrialisation across Southern Africa.

As a result there has been large scale job and livelihood losses. Those who have been lucky to preserve their jobs have been forced by lockdown measures to work from home.

Workers in the essential services have experienced long hours. In many countries, workers in such essential services, which are often also high risk, have not been given adequate personal protective equipment (PPEs) that protects them from exposure to the virus. This has resulted in workplace tension manifested by strikes in many countries. 

Covid-19 added pressures to an already battered workforce in a region characterized by a large informal sector, eroded earnings, high unemployment, casualization of labour, gender inequalities. Vulnerable workers such as vendors, informal traders (self-employed), migrant workers, asylum seekers and undocumented people have suffered the most including facing evictions for non payment of rentals and starvation because they are not normally covered by social grants restricted to citizens.

At this point, there is only anecdotal evidence on the true cost of this devastating impact, especially from the private sector because, other than in South Africa, no governments offered stimulus packages for industry nor financial support to workers. Whilst concrete evidence will be too early to expect, we present a preliminary gloomy picture of how workers’ rights, safety and well being in Southern Africa have been affected. Regrettably, the situation is expected to deteriorate further. 

Health Workers and Protective Personal Equipment (PPE)

Southern Africa is notorious for weak health systems characterised by poor public health infrastructure and inadequate number of health workers. Many countries failed to ensure PPE was available in adequate quantities for health workers. Most governments did not adhere to directives on working safely in line with WHO guidelines on Getting your workplace ready for Covid-19: How Covid-19 spreads

The failure to provide public health workers with PPE resulted in strikes, picketing and demonstrations. In Tanzania, for example, one nurse summed up the situation facing thousands of health workers across Southern Africa when she had this to say:

“I have been working at Amana Regional Referral Hospital for 10 years. Here is what my normal day looks like: I do not have any PPE, but I commute in public transport. How am I supposed to protect myself and others? How am I supposed to protect my family? We are struggling… people are demoralised.”

In March, doctors and nurses in Zimbabwe protested against the government’s failure to provide them with PPE and adequately equip public hospitals to combat the Covid-19 outbreak. In an application filed on 5 April, the Zimbabwe Association of Doctors for Human Rights (ZADHR) approached the High Court, arguing that they were at risk of contracting the virus. 

The Food Federation and Allied Workers Union of Zimbabwe (FFAWUZ) was forced to approach the Ministry of Labour and Social Services with an urgent appeal to get adequate PPE and other necessary amenities during the 21 day lockdown as some employers failed to protect workers especially in the food industry. 

In April, healthcare workers in Lesotho went on strike following failed attempts to engage the government on how to obtain protective gear, training and a risk allowance.

Also in April in Eswatini the Swaziland Democratic Nurses Union (Swadnu), resolved to take the Eswatini government to court for gross negligence, and to compel the government to supply adequate PPE to all healthcare workers. This came after a nurse at Raleigh Fitkin Memorial (RFM) hospital tested positive for Covid-19 and 10 other nurses were isolated.

On 28 April, South Africa’s Department of Employment and Labour issued a directive giving clear guidance on mandatory safety measures that employers needed to put in place to protect employees. 

The C-19 People’s Coalitionrepresenting more than 300 civil society organizationshowever raised concern that the directive, while welcome, came over a month after lockdown commenced, thereby endangering people in the workplace. The Coalition also noted that many workplaces continued to ignore worker’s rights with some workplaces failing to provide basic safety measures. 

On 1 May, a number of trade unions in South Africa, the Treatment Action Campaign (TAC) and community health workers picketed outside Chris Hani Baragwanath Hospital in commemoration of workers’ day. They too cited incidents of healthcare workers not being given the requisite PPE to protect themselves. 

They also called for the proper training of community health workers and that all frontline healthcare workers be screened and tested for Covid-19 as a matter of priority, absent of which industrial action would follow.  

Mineworkers’ rights violated

Thousands of mine workers in the DRC were subjected to enforced quarantine at Tenke Fungurume copper and cobalt mine for two months. They held a successful strike on 23 May that led to the payment of a special allowance of US$600 to the 6000 mineworkers forcibly quarantined. The workers were also demanding to be paid for the overtime that they worked during the quarantine period. Work continued at the mine during the quarantine because mining is considered an essential service under Congolese law.

In March, IndustriALL Global Union reported that the Mineworkers Union of Zambia successfully campaigned for alcohol breathalyzer tests to be discontinued as they can easily spread the coronavirus resulting in some mining companies that include Mopane Copper Mines, Lubambe Copper Mine, Kanshanshi and Barrick Lumwana complying. Additionally, biometric systems in which workers used fingers were also reported as unsafe.

With the complicity of the unions, around two-thirds of South Africa’s 450,000 mineworkers returned to work to face the dangers of coronavirus on pain of starvation when the first stage of lockdown ended on 16 April. During the first 21 days of lockdown, employees were paid, but when it was extended a further 14 days, the employers in the Mineral Council refused to extend wage payments.

Mine owners say they have “plans” to operate safely at the pits. Work conditions in the pits, however, preclude social distancing. Workers go down into the pits packed in cages and work closely in teams at the face without visors or facemasks. 

Lay offs and unpaid leave in the transport industry

Travel Bus Company Intercape sent letters to its employees in Botswana, Mozambique and Zimbabwe notifying them it will temporarily lay them off starting 1 May 2020. The April letter informed employees they would receive their April salaries and that the temporary layoff would be for May, June and July 2020.  Employees affected were told not to expect a salary for these months.  

Forced paid leave has become the most direct consequence of Covid-19 on the labour market and no industry symbolises this than the airline industry.

Restrictions to international travel affect African airlines such as Ethiopian Airlines, Egyptair, Kenya Airways, and South African Airways, which are large employers and have linkages to other domestic businesses.

The first effects were the immediate partial unemployment of airline staff.  Zimbabwe’s state-owned airline put workers on indefinite unpaid leave after revenue dried up. The perennially loss-making national carrier said it would retain skeleton staff for ad hoc operations and airworthiness compliance, adding that wages remained its biggest cost. 

At South African Airways (SAA), the majority of the national carrier’s estimated 4,708 employees have not been paid for May. Most staff are on unpaid absence. Zazi Nsibanyoni-Mugambi, President of the South African Cabin Crew Association (Sacca), one of the major unions at the flagship carrier, told The Africa Report that workers have not been paid for May. “And not even the benefits have been paid – like, medical aid subsidies, Unemployment Insurance Fund contributions, pensions and all of those things. That’s also been stopped.”  

Workers rendered redundant overnight 

The United Nations says about 20 million jobs could be lost globally.

In April, 216 companies throughout Mozambique notified the Labour Ministry that they were suspending or reducing their activities in the wake of the Covid-19 pandemic, affecting 6,400 workers, according to the General Inspector of Labour, Joaquim Siuta.

Siuta added that, under these circumstances, companies should pay their workers 75% of their wages for the first month they were laid off, 50% for the second month, and 25% for the third month. The National Social Security Institute (INSS), he insisted, would only pay sickness benefit to workers with a hospital document proving they were ill. Siuta thus dashed hopes that the INSS might cash in its investments in order to pay wages to workers who have lost their jobs.

The majority of countries in the region rely heavily on the tourism sector and Covid-19 has hit this sector the hardest.

In April, the leading hotelier in Zimbabwe closed 21 of its hotels and strategic business units around the country. In an internal memo signed by the company’s acting human resources director, Believe Dirorimwe, and addressed to senior managers and staff, every affected employee’s salary was cut by 50%.

Eswatini’s Minister of Tourism and Environmental Affairs, Moses Vilakati, on 19 May, spoke to CNBC Africa on how Covid-19 has impacted the country’s recovery plan. He reported that some hotels have closed indefinitely, resulting in retrenchments and huge job losses. Over 26% of employment in the country is via the tourism industry. 

South Africa‘s biggest non-food retailer Edcon, on 11 June, served 22,000 of its employees with notices of retrenchments. This is more than half of the group’s 39,000 full-time and temporary employees.

So far, a number of African startups have announced layoffs, placed staff on indefinite unpaid leave or implemented salary cuts exclusively and this is in addition to job cuts. For example Yoco which claims over 150 employees on its payroll, announced that it was downsizing significantly.  

One of the first indigenous movie streaming platforms in Africa, iROKOtv, announced that, as from May 2020, 28% of its employees will be put on an indefinite unpaid leave of absence. 

Salary cuts 

Faced with reduced business, employers across the region also arbitrarily imposed salary cuts.

In May, Lesotho Times reported that factory workers were being issued M800 salary subsidies by the Lesotho government to cushion them from the closure of businesses which were deemed non-essential such as textile companies.

On 13 May, The Patriot on Sunday reported that the government of Botswana was headed for a fresh showdown with employees following its decision to freeze overtime payments for the essential public servants.

In South Africa, President Ramaphosa announced taking a 33% pay cut motivating his entire executive and all nine provincial premiers to also take a similar percentage in pay cuts for three months. The cumulative cuts, estimated to be worth around R13.4m, were donated to the Covid-19 Solidarity Fund.  

Leading hotelier African Sun also cut salaries for most of its employees including executives and senior managers by 50% as the effects of Covid-19 took a toll on the hospitality industry. 

The plight of migrant workers 

7.9% of workers in Africa are migrant workers and the majority of migration is intra-continental. In Southern Africa, South Africa is the magnet for millions of migrants but countries like BotswanaNamibiaTanzaniaDRC also host many. Migrants already face a slew of challenges, including accessing healthcare, even in normal circumstances due to lack of health insurance, cost, administrative hurdles, lack of access to facilities, and language barriers. Additionally, many migrants are frontline workers who keep people healthy, safe, and fed. Social protection for these workers, if received at all, is typically limited to some work injury compensation or health benefits, and almost never includes unemployment assistance.

It has been the South African government’s long-standing objective to reduce migration, and the pandemic has provided a cynical opportunity to do so.

On 24 April, Finance Minister Tito Mboweni urged companies to allow more South Africans to participate in the economy than foreign nationals, citing businesses such as restaurants, spaza shops, informal trading and so on. These are the very spaces occupied by most migrant workers.

There is a danger that post Covid-19, most migrant workers from the region will find themselves jobless if countries insist on inward-looking policies to try and placate local populations with populist, nationalist solutions. 

What do the Unions say?

The Southern Africa Trade Union Coordination Council (SATUCC) acknowledged that the pandemic had been very disastrous to workers’ rights. The council further noted that the impact was worse on un-unionised workers such as migrant workers, domestic workers, farm workers and those in the informal sector.

As a result SATUCC is now working on including these categories of workers in its work. In an interview on 4 May, the Executive Secretary of SATUCC, Mavis A Koogotsitse, admitted that the pandemic caught trade unions napping. She stressed that unions should now think beyond the traditional ways of mobilising in the workplace.

The European Network of Equality Bodies (EQUINET) expressed concern over what it referred to as “a new and scary discrimination trend,” that has arisen worldwide against those that are in the frontline of action noting how the daily lives of nurses, doctors and healthcare workers are increasingly being affected by discriminatory attitudes and harassment.

The International Labor Organization noted with concern how Covid-19 containment measures have threatened to increase relative poverty levels among the world’s informal economy workers thereby exacerbating already existing vulnerabilities and inequalities. Among other recommendations, the ILO emphasised the need for policies that reduce the exposure of informal workers to the virus; ensure that those infected have access to health care; provide income and food support to individuals and their families; and prevent damage to the economic fabric of countries. 

Conclusion

The impact of Covid-19 on the labour market has been huge. The healthcare shortfalls exposed by Covid-19 in Africa, led Human Rights Watch to call on governments to urgently address healthcare deficiencies in line with international human rights law, including the African Charter on Human and Peoples’ Rights. It is highly important that labour policies, laws and regulations be revamped to make them as pandemic-proof as possible if workers are not to bear the same brunt in future. Meanwhile, mechanisms aimed at redressing a litany of labour infringements against workers during the Covid-19 pandemic need to be urgently conceived and implemented. As Guy Ryder, the Director-General of the International Labor Organisation (ILO) aptly said:

“Workers and businesses are facing catastrophe, in both developed and developing economies …We have to move fast, decisively, and together. The right, urgent, measures, could make the difference between survival and collapse.” 

Arnold Tsunga is a human rights lawyer, the director of the Africa Regional Programme of the International Commission of Jurists (ICJ) and the technical and strategy adviser of the SAHRDN. Tatenda Mazarura is a woman human rights defender (WHRD), a professional rapporteur and an election expert. Mark Heywood is editor of Maverick Citizen. 

CALL BY AFRICAN CIVIL SOCIETY FOR REFORM IN THE USA TO ADDRESS STRUCTURAL AND SYSTEMIC INEQUALITY, RACISM AND INJUSTICE

The Southern Africa Human Rights Defenders Network (SAHRDN or the Defenders Network), DITSHWANELO – The Botswana Centre for Human Rights and Africa Judges and Jurists Forum (AJJF) wrote to the President of the Senate and the Speaker of the United States House of Representatives to highlight the ongoing recurrent pattern of unlawful arrests and killings of persons of color by the police. The petition was presented on behalf of civil society organisations and individuals from across the African continent where the letter that was signed by 78 organizations and over 1036 individuals calling for the United States of America to address the ongoing structural and systemic inequality, racism and injustice.

JOINT STATEMENT ON THE THREATS AGAINST THE INDEPENDENCE OF JUDGES IN MALAWI

We note with grave concern, the recent notice issued by the Chief Secretary to the Government of Malawi, announcing that the Chief Justice Hon Andrew K.C Nyirenda is with immediate effect going on leave pending his retirement. The statement reads as follows:

“Government wishes to inform the general public that the Right Honourable Andrew K. C. Nyirenda, S.C., Chief Justice of Malawi, will proceed on leave pending retirement with immediate effect. The Honourable Chief Justice has accumulated more leave days than the remainder of his working days to retirement date. In accordance with the Constitution, the most senior Justice of Appeal will act as Chief Justice until such time as His Excellency the President will appoint a successor.”

We understand that a similar communication has been issued in respect of another Judge of the Supreme Court-Justice Edward Twea. We note that Chief Justice Andrew Nyirenda’s tenure is meant to end in December 2021, while the tenure of Hon. Justice Edward Twea is meant to end in April 2021, when they reach the constitutionally stipulated retirement age.

Whilst it is appropriate for a Chief Justice or any judicial officer to go on leave pending their retirement, the decision to do so must be made voluntarily by the concerned judicial officer in consultation with the Judicial Service commission. Furthermore, in light of the separation of powers doctrine, such a decision cannot be communicated by the executive on behalf of the judges or the judiciary. It must be communicated by the Chief Justice and or the Judicial Service Commission.

For the reason that the statement has been issued by the executive branch of government, and that the statement does not disclose whether or not the Chief Justice and Judge Edward Twea did voluntarily make the decision, we view this announcement as an attempt to interfere with the independence of the judiciary.

In terms of both the domestic and international law, the Government of Malawi has an obligation to respect the security of tenure of judges and to respect the independence of the judiciary. Section 103 (1) of the Constitution of Malawi stipulates that “All courts and all persons presiding over those courts shall exercise their functions, powers and duties independent of the influence and direction of any other person or authority.” Similarly, article 26 of the African Charter on Human and Peoples’ Rights enjoins members states to protect the independence of the judiciary. Principle 12 of the United Nations Basic Principles on the

Independence of the Judiciary enjoins Member States to ensure that “Judges, whether appointed or elected, shall have guaranteed tenure until a mandatory retirement age or the expiry of their term of office, where such exists.

The Government of Malawi must honour these important obligations and ensure that judges are not involuntarily placed on leave by the executive branch of government, pending their retirement. Therefore, we reiterate that the decision whether or not to go on leave pending retirement is one that must be taken voluntarily by the concerned judicial officer and must be announced by the appropriate body. In light of this, we condemn the government’s notice as simply unconstitutional, unprocedurally issued and therefore, patently void.

We call upon the Hon. Chief Justice Andrew Nyirenda and the Hon. Judge Edward Twea to continue with their functions as judicial officers. We also call upon the executive branch of the Government of Malawi to respect the independence of the judiciary, especially at this time when Malawi is heading towards the re-run of the presidential election.

———-Ends


Signatories to the Statement

Institutions

  1. Advancing Rights in Southern Africa, Johannesburg, South Africa
  2. AfricanDefenders (Pan-African Human Rights Defenders Network),
    Kampala, Uganda
  3. Africa Judges and Jurists Forum (AJJF), Johannesburg, South Africa
  4. African Women’s Development and Communication Network (FEMNET),
    Nairobi, Kenya
  5. Amnesty International
  6. Centre for Human Rights Education, Advice and Assistance (CHREAA),
    Blantyre, Malawi
  7. Chapter One Foundation, Lusaka, Zambia
  8. Coalition for an Effective African Court on Human and Peoples’ Rights
    (African Court Coalition, ACC), Arusha, Tanzania
  9. DITSHWANELO – The Botswana Centre for Human Rights, Gaborone,
    Botswana
  10. Democratic Governance and Rights Unit (DGRU)
  11. East Africa Law Society (EALS), Arusha, Tanzania
  12. Human Rights Institute of South Africa (HURISA),Johannesburg,
    South Africa
  13. International Commission of Jurists – Africa Programme (ICJ-Africa),
    Johannesburg, South Africa
  14. International Refugee Rights Initiative (IRRI), Kampala, Uganda
  15. Kenyan Section of the International Commission of Jurists (ICJKenya), Nairobi, Kenya
  16. Malawi Human Rights Defenders Coalition (MHRDC), Malawi
  17. Open Bar Initiative, Abuja, Nigeria
  18. Open Society Initiative for Southern Africa (OSISA)
  19. Pan African Citizens’ Network (PACIN), Nairobi, Kenya
  20. Pan African Lawyers Union (PALU), Arusha, Tanzania
  21. Rencontre Africaine pour la Défense des Droits de l’Homme
    (RADDHO), Dakar, Sénégal
  22. Southern African Development Community Lawyers’ Association
    (SADC LA), Pretoria, South Africa
  23. Southern Africa Human Rights Defenders Network (SAHRDN),
    Johannesburg, South Africa
  24. Southern Africa Women Human Rights Defenders Network,
    Johannesburg, South Africa
  25. Southern Africa Litigation Centre (SALC), Johannesburg, South Africa
  26. Zimbabwe Lawyers for Human Rights (ZLHR), Harare, Zimbabwe
    Individuals
  27. Hon. Dr. Willy Mutunga, Chief Justice and President of the Supreme
    Court of Kenya, 2011 – 2016, Office of the Former Chief Justice of
    Kenya, Nairobi, Kenya
  28. Mr. Chikosa Banda, Zomba, Malawi
  29. Prof. Danwood Chirwa, Cape Town, South Africa
  30. Prof. Chidi Odinkalu, Former Chairman of Nigeria’s National Human
    Rights Commission (2011 – 2015), Abuja, Nigeria
  31. Dr. Justice Alfred Mavedzenge, Zimbabwe
  32. Mr. Donald Deya, Advocate, Arusha, Tanzania
  33. Hon. Justice Oagile Bethuel Key Dingake, Papua New Guinea
  34. Mr. Brian Tamuka Kagoro, Johannesburg, South Africa
  35. Mr. Ibrahima Kane, Dakar, Senegal
  36. Ms Tiseke Kasambala, Johannesburg, South Africa
  37. Mr. Mussa Likhwa, Advocate, Malawi
  38. Mr. Wachira Maina, Nairobi, Kenya
  39. Mr. Victor Mhango, Blantyre, Malawi
  40. Mr. Wesley Chalo Kawelo Mwafulirwa, Advocate, Mzuzu, Malawi
  41. Mr. Bright Edgar Theu, Advocate, Blantyre, Malawi
  42. Mr. Gift Trapence, Malawi
  43. Dr. Musa Kika, Zimbabwe
  44. Ms. Nikiwe Kaunda, Zambia
  45. Advocate Martin Masiga, Uganda.
  46. Advocate Tererai Mafukidze, Johannesburg South Africa
  47. Advocate Chikondi Chijozi, Malawi