Malawi is passing laws to protect human rights, but the Malawi Human Rights Commission (MHRC) says many of those rights remain largely on paper as prisons overflow, justice is delayed and vulnerable people continue to face abuse.
MHRC Executive Secretary Habiba Osman said the country’s biggest challenge is no longer simply making laws, but putting them into practice.
“We have strong laws and a rising democratic turnout, but the gap between law and lived reality is where rights are being lost,” Osman said.
The Commission presented its 2024 and 2025 annual reports to Parliament’s Legal Affairs Committee on Monday, September 28.
The reports expose a serious prison crisis. A nationwide monitoring exercise in August 2024 found that facilities built for about 7,000 inmates were holding more than 16,000.
Prolonged remand, inadequate legal representation, food shortages and poor access to medical care remain common.
At Mikuyu 1 Prison, an MHRC investigation confirmed malnutrition and abuse, prompting calls for corrective, disciplinary and criminal action.
“Prison overcrowding is not just a statistic,” Osman said. “It is a daily violation of dignity, health, and the right to a fair trial.”
The Commission welcomed the Prisons Act, 2025, but warned that without funding, alternatives to imprisonment, faster court processes and stronger legal aid, the new law will do little to change conditions.
Justice remains out of reach for many Malawians. Shortages of judicial officers, poor court infrastructure, high legal costs and long distances to courts continue to fuel delays, including prolonged pre-trial detention.
The MHRC itself is struggling to respond. It registered 295 new complaints in 2025, but carries a historical caseload of more than 910 cases, including 644 inactive cases.
Only 63 of its 124 approved positions were filled, leaving nearly half vacant.
“We cannot clear a backlog or protect rights when half our posts are vacant and funding arrives late,” Osman said.
The Commission also highlighted continuing violations affecting children, women, persons with disabilities, older people and persons with albinism.
Child marriage remains at about 38 percent, while police recorded 1,410 defilement cases in 2024.
The 2025 election was largely peaceful and voter turnout rose to 76.4 percent, but the Commission reported concerns over political violence, hate speech, discrimination against women and persons with disabilities, children in campaigns and media bias.
New laws, including the Persons with Disabilities Act, 2024 and Mental Health Act, 2025, were described as important progress, but the MHRC said they must be properly funded and operationalised.
At Dzaleka, worsening refugee conditions have been linked to cuts in humanitarian assistance, while the health sector faces medicine shortages, discrimination and concerns over substandard drugs.
Legal Affairs Committee chairperson Gilbert Khonyongwa said Parliament would analyse the reports and make recommendations.
He said the committee would engage the Minister of Finance and other authorities to push for increased funding for the Commission.
“The Committee will therefore engage with the relevant authorities, including the Minister of Finance, and lobby for consideration of increased funding to enable the Commission to operate effectively and independently within its mandate,” Khonyongwa said.
For the MHRC, the warning is clear: passing laws without funding, enforcement and accountability leaves rights vulnerable—and people paying the price.
