“Freedom of assembly ensures that people can gather and meet, both publicly and privately. Assemblies can be platforms to advocate for change and for people to raise awareness about the issues that matter to them, whether it is human rights, socio-economic rights, or any other issue.” – Human Rights House.
The right to peacefully assemble belongs to all individuals, including those espousing minority or dissenting views or working on sensitive issues, such as human rights defenders, trade unionists, and migrants.
States have a responsibility to ensure that the right to freedom of assembly is protected, especially when those who assemble protest against public policies and challenge the state.
The right to peacefully assemble comprises the right to freely choose the location and timing of the assembly, including public streets, roads, and squares.
Governments often violate the right to freedom of assembly as a method of suppressing dissent and critical voices. The right to peaceful protest is a core component of the right to assemble peacefully. However, in the case of activist Bon Kalindo, the peaceful protest organizer was subjected to arrest and continued detention, even after the court had ordered his release, and his life remained in danger.
In some cases, legal provisions criminalize organizers and those participating in peaceful assemblies, and in other cases, interpretations of the law may be manipulated to legitimize the arrest of peaceful protestors. Intimidation techniques like these often foster a culture of self-censorship.
The police are tasked with maintaining law and order in local communities by protecting members of the public and their property, preventing crime, reducing the fear of crime, and improving the quality of life for all citizens. Unfortunately, the Malawi Police appear to disregard the law and order in the country by victimizing members of the public, stealing their property, promoting crime, causing fear, and deteriorating the quality of life.
On August 30, 2023, the Malawi Police acted as if they could violate Malawi laws with impunity, as if they had total immunity from prosecution or a “get-out-of-jail-free” card tucked next to their badges.
If you are a fan of local watchdog reporting, if you want your elected officials held accountable for their deeds and misdeeds, or if you want to know how your taxpayer money is being spent, we need unfettered access to public records and condemn the unprofessionalism displayed by our Police Service.
Without freedom of speech, individuals cannot criticize government officials, test their theories against those of others, counter negative expression with a different viewpoint, or express their individuality and autonomy.
Malawi Police arrested activist Bon Kalindo over his attempt to proceed with demonstrations aimed at demanding President Lazarus Chakwera’s resignation. It’s either the president delivers, resigns, or gets removed from office in 2025. All these demands are valid in the eyes of disappointed voters and dissenting views.
Kalindo was at Lilongwe District Council offices on Wednesday, August 30, following the council’s decision to block him and other activists from holding anti-government demonstrations.
The Chief Resident Magistrate’s court in Lilongwe ordered Bon Kalindo’s release, who was arrested earlier on Wednesday, but his whereabouts remained unknown until Friday, September 1, 2023, when he finally reached Lilongwe around 03:00 am. People could easily connect the dots and guess what was happening.
Kalindo was apprehended at the district commissioner’s office in Lilongwe on suspicion that he breached his bail conditions in a case where he is accused of tampering with electricity connections.
He was released from custody on Thursday, after spending a night in a police cell in Dwangwa, Nkhotakota, but the Police continued to detain him. Malawi Police pretended to escort him back to Lilongwe, but it appears they had ulterior motives. I still have the same question: What is the logic behind arresting a person in Lilongwe and then detaining him in Nkhotakota, many kilometers away from the scene?
This is the same scenario that happened to ACB director Martha Chizuma. She was arrested in the early hours around 04:00 am in Lilongwe and was detained in Namitete, very close to Mchinji. This is obviously an abuse of the law by our law enforcers, and there’s no justification for it.
His lawyer, Stanley Chirwa, confirmed the development, stating that Kalindo was released following a court order that suspended his warrant of arrest. Imagine what could have happened if he didn’t have a lawyer and a team of activists. He would have disappeared without a trace, for sure.
I believe that President Reverend Lazarus Chakwera has failed miserably, making any claims from the society legitimate. There’s a common saying in vernacular which says, “Namalira sitimugwira kukanwa,” literally meaning that you cannot stop the bereaved from wailing. The Malawi Congress Party government is the wrong government for the people of this country.
