Malawi Human Rights Commission

The Malawi Human Rights Commission was established in 1994 by the country's constitution to oversee human rights in Malawi. In 2012, the UN Deputy High Commissioner for Human Rights Kyung-wha Kang said that the MHRC had “done exemplary work...".

The Malawi Human Rights Commission (MHRC) was established by the country's 1994 constitution to oversee human rights in Malawi and it became fully functional in 1998^[1] or 1999.^[2]

The MHRC is charged with protecting human rights and investigating violations and advising government.^[3] The commission has “broad powers to hear and obtain any necessary evidence, to conduct searches after obtaining a warrant issued by a magistrate, and to exercise 'unhindered authority' to visit detention center[s] 'with or without notice.'” It does not have the power to prosecute offenders, but it “can intervene in court cases and it has acted as amicus curiae.”^[1] Transparency International reported in 2004 that “the MHRC is perceived as one of the most efficient public institutions in the country.”^[1] or 1999^[2]

During the presidency of Bingu wa Mutharika, the Human Rights Commission was hampered by a lack of resources and a fear of reprisals. The MHRC retained its independence, according to the Human Rights Institute of the International Bar Association, as “exhibited through the concerted efforts of the outgoing chair of the MHRC, John Kapito,” whose open criticism of Mutharika's government resulted in threats and harassment".^[1] The MHRC continued “to execute its mandate to the best of its ability.”^[1] In 2009, the MHRC supported a women's rights group when it unsuccessfully sued the government claiming that the anti-abortion law infringed on women's rights.^[4]

In June 2012, UN Deputy High Commissioner for Human Rights Kyung-wha Kang said that the MHRC had “done exemplary work, including through very difficult times in the past year. It is important that the independence and broad mandate of the MHRC are maintained and respected.”^[5]

Swearing in new members of the Commission in August 2012, President Banda assured them of her support for their work and of her commitment to their independence. She urged them to make the most of their “advisory role” and assured them “that nobody will be arrested by my office and I shall not hesitate to seek advice from your institution.”^[6]

In 2020 Habiba Osman was appointed as the commission's Executive Secretary taking over from David Nungo.^[7] In the following year the Commission required the Malawi Broadcasting Corporation to pay compensation after it was found that the former CEO, Aubrey Sumbuleta, had sexually harassed women staff members. The report was written by Stella Twea, of the commission’s gender and women’s rights’ committee.^[8]

In 2025, Habiba Osman, spoke out over concerns that peaceful demonstrators had been attacked and the police had failed to protect them. She said that the "security apparatus must be held accountable".^[9]

The lawyer Chikondi Chijozi became a commissioner in 2021.^[10] Lawyer, Marshal Chilenga, was a commissioner and he went on to lead Rotary International in Malawi, Zambia, Zimbabwe and northern Mozambique from 2025.^[11]

Justice Fiona Mwale was the commission's Principal Legal Officer before she became a High Court judge in 2012.^[12]