Wednesday, March 16, 2011

(NYASATIMES) Vera Chirwa lectures on right to demo

Vera Chirwa lectures on right to demo
By Nyasa Times
Published: March 15, 2011

Malawi’s lawyer and fearless human rights activist Dr Vera Chirwa has spoken out about ‘the right to demonstration’. Writing in The Nation of, March 15 2011, Vera the 79-year-old lawyer whose husband (Orton Chirwa) died fighting for democracy, says the right to demonstration is fundamental to the democratic system.

Dr Vera Chirwa : Commands great moral authority in Malawi She quotes section 38 of the Malawi Constitution, which states, “Every person shall have the right to assemble and demonstrate with others peacefully and unarmed.”

In the article ‘On the right to demonstration’, Vera defines a demonstration as “an action by a mass or group of people or a collection of people in a favour of a cause.” She states marching, blockades and sit-ins as examples of demonstrations.

“Without the right to assemble and demonstrate,” writes Vera, “the public cannot voice out their opinions and hold government and public officers accountable for their actions.”

Vera states that demonstrations are meant to rectify a public wrong “especially relating to a perceived grievance or social injustice by government, companies, those in authorities or a view of point regarding a public issue.”

With this in mind, Vera believes that arresting leaders of the Human Rights Consultative Committee (HRCC) who wanted to demonstrate against fuel and forex scarcity, before the march started was a violation of their right.

“The Human Rights Consultative Committee (HRCC) wanted to draw the attention of government that the persistent shortage of fuel is ruining the country’s economy as it affects not only motorists, but other areas of production, directly or indirectly.”

Vera says that since it is said that fuel is the mover of the economy, without it transportation grounds to a halt, business shrink, hospitals turn into mortuaries and chaos becomes the order of the day.

“HRCC wanted to draw attention of government that this warranted urgent attention,” says Vera.

Vera reminds the government that it is the responsibility of every democratic government to ensure that essentials such as fuel were always available.

“As demonstrations are used to show a public issue especially relating to a perceived grievance or social injustice, the HRCC had the right to demonstrate on the fuel crisis. Persistent fuel shortage is a social injustice and people should not be arrested for demonstrating against such a social injustice,” concludes Vera.

Though a right to demonstration is a fundamental right, Vera is quick to appeal to the police “not to be over-sensitive” on demonstration and to the demonstrators not to plan violent demonstrations which “does no good to the public nor anyone else” to observe the law.

Vera Chirwa is the first female lawyer in Malawi who together with her husband Orton, played a leading role in the campaign for the country’s independence in 1964, after which her husband became Malawi’s first Minister of Justice and Attorney General, before falling out with autocratic ruler Kamuzu Banda.

She was jailed alongside her husband for treason for 12 years and was not released until shortly after her husband died in prison –which Kamuzu’s aide and now President Mutharika’s spokesman, Hetherwick Ntaba said Orton death was “just another prisoner.” –(Reporting by Kumbukani Bwanali, Nyasa Times)

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