The following is based on a communication sent by the UN Special Rapporteur on Human Rights Defenders and another UN expert to the Government of Malawi on 22 March 2024. The communication remained confidential for 60 days before being made public, giving the Government time to reply. Regrettably, the Government did not reply within this timeframe. If a reply is received it will be posted on the UN Special Procedures communications database.
This is a shorter version of the original communication.
BACKGROUND
Topic: allegations of continued harassment, intimidation and threats against journalist and human rights defender Gregory Gondwe.
Mr. Gregory Gondwe is a distinguished investigative journalist and a prominent human rights defender from Malawi. He is editorial director of the Platform for Investigative Journalism (PIJ), a non-profit making entity that focuses on promoting transparency, accountability, and the rule of law through investigative journalism.
ALLEGATIONS
On 31 January 2024, Mr. Gondwe was informed by “top ranking officials” that the Malawi Defence Force (MDF) intended to arrest him for “endangering state security” and to detain him incommunicado unless he revealed his sources for a report he published earlier that month. The report details allegations exposing the military’s multi-million-dollar payments to companies owned by a businessman under investigation for corruption.
On 1 February 2024, Mr. Gondwe announced on Facebook that he had gone into hiding as a result of the risk of arrest and fear for his life, safety and security. According to reports, Mr. Gondwe’s family have been under constant surveillance and subjected to harassment as a result of his work and recent hiding.
In a statement, the Malawi chapter of the regional press freedom body Media Institute of Southern Africa (MISA) said that it had received assurances from Attorney General and MDF Commander General that Mr. Gondwe would not be arrested.
This is not the first time Mr. Gondwe has been targeted as a result of his journalistic work. In April 2022, he was detained and questioned for several hours by police, which demanded that he reveals the sources for an article he wrote about alleged corruption between the military and the above-mentioned businessman.
CONCERNS
In the communication, we express our concern in relation to the acts of harassment, intimidation and threats of arrest against Mr. Gondwe, which appear to be directly as a result of his legitimate work as an investigative journalist and human rights defender. We are alarmed that Mr. Gondwe has gone into hiding for fear of his life, safety and security.
We are deeply concerned that the threats against Mr. Gondwe take place in a context of acts of violence against human rights defenders, journalists and political activists who have been targeted for commenting or advocating on matters of public interest, with apparent no response from the authorities. These attacks represent a serious violation of the right to freedom of expression, and have a chilling effect on the ability of journalists and human rights defenders to carry out their legitimate work without fear of reprisal.
We remind the Government of Malawi of its obligations as a signatory of international human rights treaties including the International Covenant on Civil and Political Rights and the African Charter on Human and People’s Rights to respect, protect, promote, and fulfil the human rights of everyone in the country including the rights to freedom of expression, association and press freedom.
