Joint Open Letter to the Minister of Justice of Malawi on the abolition of the death penalty

Statement

By World Coalition Against the Death Penalty, on 26 July 2024

 Dear Minister of Justice, Honorable Titus Mvalo

Ahead of this joint letter, the World Coalition Against the Death Penalty would like to express its deepest condolences to the Government and people of Malawi for the passing of Vice President Mr. Saulos Chilima on 11 June 2024.

The World Coalition Against the Death Penalty is an alliance of more than 170 NGOs, bar associations, local authorities, and unions, whose aim is to strengthen the international dimension of the fight against the death penalty. The last few years have been marked by many advances in the abolitionist movement at the global level. This abolitionist momentum is particularly evident on the African continent. In recent years, fourteen African States have abolished the death penalty for all crimes: Rwanda in 2007, Togo and Burundi in 2009, Gabon in 2010, Benin in 2012, Congo and Madagascar in 2015, Guinea in 2016, Burkina Faso in 2018, Chad in 2020, Sierra Leone in 2021, and Central African Republic, Equatorial Guinea for ordinary crimes, and Zambia in 2022. In 2023, Ghana adopted a law to abolish the death penalty for ordinary crimes. Today, 27 out of 55 African Union Member States have abolished the death penalty in law and 15 States have a de jure or de facto moratorium on executions. 

The steps that the Republic of Malawi have recently taken in view of abolition of the death penalty have been commendable. In this regard, we at the World Coalition Against the Death Penalty note the progressive decision by His Excellency Dr. Lazarus Chakwera, President of the Republic, to commute all death sentences in Malawi to life imprisonment in 2022. We are further pleased to note that since His Excellency the President’s clearance of the death row through clemency, no Malawian court has sentenced anyone to death, ensuring that at the writing of this letter, Malawi’s death row remains empty.

The World Coalition Against the Death Penalty and 67 other co-signing organizations are impressed to note that in 2022, the Parliamentary Legal Affairs Committee organized public consultations on the use of the death penalty, resulting in an overwhelming majority supporting abolition. We understand that this extensive consultative process was followed by another nationwide enquiry on the same topic, led by the Minister of Justice in January of 2023. We note that the majority of the delegates to this public enquiry also supported your Ministry’s plans to abolish capital punishment in Malawi.

At the end of last year, the World Coalition Against the Death Penalty partnered with the non-governmental organization Reprieve and the Parliament of Malawi in a highly successful engagement involving the women’s caucus of Parliament. At this event, women law-makers in Malawi decisively endorsed abolition and pledged their support for an abolition bill if it were to be brought to Parliament. 

It is against this background that the World Coalition is certain that Malawi is ready to abolish capital punishment once and for all. Drawing on its observation of successful abolitionist movements across the African continent, that notably includes Zambia (who engaged in a learning-based exchange with Malawi officials in October 2023 on the importance of abolition), the World Coalition and its member organizations believe that the Malawian Government, through the Ministry of Justice, holds the key to abolition; initiating a government bill to abolish the death penalty.  

Taking decisive action on abolition will reaffirm Malawi’s position as a leader in the respect, protection, and promotion of human rights both in Africa and the world at large. Abolition will also go a long way towards securing Malawi’s place as a leader in criminal justice reform on the African continent and allow Malawi to join her neighbours who have led in the region on the abolition of the death penalty. Importantly, abolition at this time will also reflect well upon Malawi’s status as a member of the Human Rights Council and will cement the current Government’s legacy of commitment to the rule of law and the promotion of human rights. With the desire to build on this positive momentum towards abolition in Malawi, the World Coalition Against the Death Penalty and the following 67 cosigning organizations look forward to progress in your country’s next parliamentary session that may include a government bill to abolish the death penalty. 

Yours sincerely,

Matthew Goldberg 

President of the World Coalition Against the Death Penalty

Letter co-signed by:

1. A World Without Chemical & Biological Weapons- WWW (Iraq- Kurdistan)
2. Abolition Death Penalty of Iraq Organization (Iraq)
3. Action by Christians for the Abolition of Torture Congo- ACAT (Congo)
4. Action by Christians for the Abolition of Torture Germany- ACAT (Germany)
5. Action by Christians for the Abolition of Torture Ghana- ACAT (Ghana)
6. Anfal Story’s Organization (Iraq- Kurdistan)
7. Anti-Death Penalty Asia Network- ADPAN
8. Association of Defending the Anfal Victims & their Families (Iraq- Kurdistan)
9. Catholic Commission for Justice and Peace (Malawi)
10. Capital Punishment Justice Project- CPJP (Australia/ International)
11. Center for Prisoners’ Rights- CPR (Japan)
12. Centre d’Observation des Droits de l’homme et d’Assistance Sociale- CODHAS (DRC)
13. Centre for Human Rights Education, Advice and Assistance (Malawi)
14. Centre for Human Rights and Rehabilitation (Malawi)
15. Children Education Society- CHESO (Tanzania)
16. Coalition of Somali Human Rights Defenders- CSHRDS (Somalia)
17. Communità du Sant’Egidio (International)
18. Community of Sant’Egidio (Branch in Malawi)
19. Congolese Coalition against the Death Penalty (Republic of the Congo)
20. Cornell Center on Death Penalty Worldwide (USA/ International)
21. Death Penalty Focus- DPF (USA)
22. Ditshwanelo- The Botswana Centre for Human Rights (Botswana)
23. Droits et Paix (Cameroon)
24. Foundation for Human Rights Initiative- FHRI (Uganda)
25. German Coalition to Abolish the Death Penalty- GCADP (Germany)
26. Halabja Chemical Victim’s Society (Iraq- Kurdistan)
27. Hope Behind Bars Africa (Nigeria)
28. Human Rights Dallas (USA)
29. Humanity Diaspo (France)
30. International Association of Lawyers- UIA (International)
31. Italian Federation for Human Rights- FIDU (Italy)
32. Ivory Coast Human Rights League- LIDHO (Ivory Coast)
33. Just Detention International- JDI-SA (South Africa)
34. Kenya Human Rights Commission (Kenya)
35. Kurdistan Without Genocide (Iraq- Kurdistan)
36. Kurdpa Human Rights Organization (Iran)
37. Kurdish Organizations Network Coalition for the International Criminal Court- KONCICC (Iraq- Kurdistan)
38. Lembaga Bantuan Hukum Masyarakat- Community Legal Aid Institute (Indonesia)
39. Life Campaign to Abolish the Death Sentence in Kurdistan (Iraq- Kurdistan)
40. Manawa Organization for Martyrs & Anfal’s Inquiry (Iraq- Kurdistan)
41. Network of Human Rights Organizations and Activists for the Abolition of the death penalty- RADHOMA (DRC)
42. Burundi Prison Observatory- Observatoire Burundais des Prisons (Burundi)
43. Organization Against Torture in Tunisia (Organisation contre la torture en Tunisie) (Tunisia)
44. Organization Against Weapons of Mass Destruction in Kurdistan (Iraq- Kurdistan)
45. Organization of Defending Mass Graves Victims’ Rights (Iraq- Kurdistan)
46. Organization of the Justice Campaign (Iraq- Kurdistan)
47. Paralegal Advisory Service Institute (Malawi)
48. Paris Bar Association (France/ International)
49. Parliamentarians for Global Action- PGA (International)
50. Pax Christi Uvira absl (DRC)
51. Penal Reform International- PRI (International)
52. Prisoner’s Future Foundation- PFF (Zambia)
53. Reprieve (International)
54. Rescue Alternatives Liberia – RAL (Liberia)
55. SALAM for Democracy and Human Rights (Bahrain)
56. Southern Methodist University Human Rights Program (USA)
57. Syndicat National des Agents de la Formation de l’Education du Niger- SYNAFEN (Niger)
58. Transitional Justice Working Group- TJWG (South Korea)
59. The Advocates for Human Rights (USA/ International)
60. The International Bar Association’s Human Rights Institute- IBARHI (International)
61. The Kenyan Section of the International Commission of Jurists (Kenya)
62. Think Centre (Singapore)
63. Together Against the Death Penalty- ECPM (France/ International)
64. Topzawa: A Magazine Specialized in Genocide and Anfal Issues (Iraq- Kurdistan)
65. Tunisian Coalition Against the Death Penalty (Tunisia)
66. Youth and Society (Malawi)
67. Witness to Innocence (USA)