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The Human Rights Commission Act, 1998 (Malawi)

Published online by Cambridge University Press:  28 July 2009

John Hatchard
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Type
Statute Note
Information
Journal of African Law , Volume 43 , Issue 2 , Autumn 1999 , pp. 253 - 257
Copyright
Copyright © School of Oriental and African Studies 1999

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References

1 Presumably in the national media, as was done with the appointment of the Ombudsman: although it would have been helpful to make this clear in the HRCA.

2 S. 4(1).

3 S. 4(4).

4 See s. 5(2) HRCA.

5 The part-time nature of the Commission is further emphasized by the requirement that it meets not less than once every two months: s. 23 HRCA.

6 See s. 32 HRCA.

7 Constitution of Malawi, s. 131(3).

8 The Constitution of Malawi provides that the legislature play the lead role m the removal of a judge or the Ombudsman.

9 See s. 128(2) Constitution of Malawi.

10 S. 2 of the HRCA defines “human rights” as those rights “guaranteed by or under the Constitution or any other law in force in Malawi, including international law”. These include civil and political rights as well as a wide range of economic, social and cultural rights together with a “right to development”.

11 Such as children, illiterate persons, persons with disabilities and the elderly: see s. 13(1)(c) HRCA.

12 There is a curious overlap with the role of the Law Commission here.

13 Constitution of Malawi, s. 129.

14 Constitution of Malawi, s. 15(2). The other bodies who are entitled to assist are the courts, the Ombudsman and “other organs of Government”. See also section 46(2)(b) of the Constitution.

15 This has proved a useful power for the Commission for Human Rights and Administrative Justice in Ghana: see Hatchard, J. “A new breed of institution: The development of human rights commissions in Commonwealth Africa with particular reference to the Uganda Human Rights Commission”, (1999) 32 Comparative and International LAW Journal of Southern Africa 28 at 45–46.Google Scholar

16 The Commission must submit its Annual Report to Parliament within three months after the end of every calendar year: s. 37 HRCA.