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The history of human rights in Malawi during recent decades is complicated, and the situation at present is in a state of dramatic, and positive, transition. Until 1994, conditions were quite unsatisfactory. Things improved after the ratification in that year of Malawi's new, “unusually progressive”〔(【引用サイトリンク】url=http://jutalaw.co.za/products/human-rights-under-the-malawian-constitution )〕 constitution, which introduced multi-party democracy. However, toward the end of the presidency of Bingu wa Mutharika, who died in office in April 2012, the situation worsened, only to improve rapidly following the accession to the presidency of Mutharika's vice-president, Joyce Banda. ==Historical perspective== The International Foundation for the Protection of Human Rights noted in late 2011 that Malawi was “once considered a country where civil society could express itself freely.”〔(【引用サイトリンク】url=http://www.frontlinedefenders.org/RafiqHajat )〕 A 2010 report by the British High Commission stated that Malawi had “made good progress on human rights since the introduction of multi-party democracy” in 1994, when Malawi's Constitution went into effect. The British report noted that Malawi's Constitution “protects fundamental rights,” that the country “has signed up to most international treaties,” and that there were “no political prisoners in Malawi jails as was the case during the one-party era.” The report also pointed to progress “in the areas of macroeconomic stability and access to basic social and economic rights such as health, education, food security and justice,” while calling for improvements “in the areas of press freedom, freedom of assembly and speech and the rights of minority groups.”〔(【引用サイトリンク】url=http://ukinmalawi.fco.gov.uk/en/about-us/working-with-malawi/human-right/ )〕 But toward the end of the presidency (2004-2012) of Bingu wa Mutharika, the human-rights situation in Malawi deteriorated significantly. According to a U.S. State Department report on human-rights conditions in Malawi in 2010, the major human-rights problems included “police use of excessive force, which resulted in deaths and injuries; security force impunity, although the government made some efforts to prosecute abusers; occasional mob violence; harsh and life-threatening prison conditions; arbitrary arrest and detention; lengthy pretrial detention; limits on freedom of speech and the press; official corruption; societal violence against women; trafficking in persons; and child labor.”〔(【引用サイトリンク】url=http://www.state.gov/j/drl/rls/hrrpt/2010/af/154356.htm )〕 In late 2011, the International Foundation for the Protection of Human Rights described Malawi as having “descended into a spiral of authoritarianism in recent years,” and indicated that “()he situation deteriorated further in early 2011 when civil society reacted to corruption scandals and high commodity prices with demands for reform and good governance. The Government, mindful of events in North Africa, reacted with force. The authorities made statements inciting violence against human rights defenders and civil society leaders.” Similarly, a Human Rights Watch report described Malawi's human-rights situation as having “deteriorated significantly in 2011, with President Bingu wa Mutharika’s government acting in an increasingly repressive manner.” During the year, Mutharika had “signed repressive new legislation, including Section 46 of the penal code, which allows the minister of information to ban publications deemed 'contrary to the public interest.'” A new Injunctions Law prohibiting the filing of civil suits against government officials. University lecturers and students who had criticized the government’s human-rights failures had been harassed, and a university student who was vice-president of Youth for Freedom and Democracy (YFD) had been “found dead at the Polytechnic campus with a deep cut to his head. Although police ruled his death a suicide, civil society activists accused the government of involvement in Chasowa’s death.”〔(【引用サイトリンク】url=http://www.hrw.org/world-report-2012/malawi )〕 The human-rights crisis in Malawi came to a head on July 20, 2011, when Malawian police killed 19 unarmed individuals who were taking part in nationwide protests against economic conditions and against the increasing repression under President Mutharika. About five hundred persons were arrested, and a number of journalists were beaten or otherwise restrained from covering the protests and atrocities.〔(【引用サイトリンク】url=http://www.hrw.org/news/2012/03/23/malawi-arrests-signal-deteriorating-rights-environment )〕 Mutharika's aggression toward human-rights activists and other opponents of his regime continued. In September firebombs were thrown at the homes or offices of several critics of the government; in October police arrested five anti-government activists for “holding an illegal demonstration.” In March 2012, journalists and activists were warned that anyone insulting the president would be prosecuted and face jail time. On March 16, the head of the Malawi Human Rights Commission was arrested without a warrant and charged with possession of “materials with seditious words,”〔 although no such materials were in fact found.〔(【引用サイトリンク】url=http://www.freedomhouse.org/article/malawi-arrest-human-rights-official-part-larger-crackdown )〕 On March 21, a leading member of the opposition party, the United Democratic Front, was arrested and charged with inciting violence.〔 On March 23, Human Rights Watch commented with concern on the Mutharika government's “recent surge of arrests and threats against critics,” which it described as reflecting a “broader crackdown on free speech and other basic rights.” The human-rights situation in Malawi became so dire that over the course of 2011, Britain, the United States, Germany, the World Bank, the EU, the African Development Bank, and Norway all suspended or partially froze aid to the country, in response to which an angry Mutharika refused to meet with World Bank and IMF delegations accused donor nations of providing financial support to his opponents. In April 2012, President Mutharika died suddenly, and Vice-President Joyce Banda became president. In August 2012, Human Rights Watch noted that Malawi had “made notable progress” in human rights since the accession to the presidency of Banda, who had introduced greater media freedom, was calling for the repeal of antigay laws, and was threatening “to arrest President Omar al-Bashir of Sudan, who is wanted for war crimes by the International Criminal Court, if he tries to enter her country.”〔(【引用サイトリンク】url=http://www.hrw.org/news/2012/08/01/africa-clinton-should-urge-leaders-address-abuse )〕 Under Banda, the donor nations that had wholly or partly suspended their aid to Malawi resumed providing support.〔(【引用サイトリンク】url=http://www.voanews.com/content/malawian-analysts-look-for-improved-politics/1573075.html )〕 At a June 2012 press conference in Malawi, UN Deputy High Commissioner for Human Rights Kyung-wha Kang said that Banda had “swiftly moved to tackle many pressing human rights concerns” and praised “her strong commitment to advancing human rights and the welfare of the people of Malawi.” Observing that “Malawi has a very progressive constitution with strong human rights provisions, and a good set of laws and institutions in place to promote and protect human rights,” Kyung-wha Kang said that “()t is now time to strengthen a culture of human rights and the rule of law in Government institutions and in the individuals responsible for the protection, promotion and fulfilment of the full range of human rights for the people of Malawi.” Kyung-wha Kang emphasized that Malawians, emerging “from a period of political repression,” needed “to hear from their leadership that the fundamental freedoms of expression, association and assembly will be respected fully, and to see concrete actions taken to demonstrate this commitment.”〔(【引用サイトリンク】url=http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=12262&LangID=E )〕 One indication of the change in attitude toward human rights under Banda was her announcement in June 2012 that Malawi, which had been scheduled to host the African Union (AU) summit in July, would not host it if President Omar al-Bashir of Sudan, who is wanted by the International Criminal Court for war crimes, genocide, and crimes against humanity, were allowed to attend. “Malawian President Joyce Banda took a strong stance in support of justice despite tough pressure from the African Union,” said Undule Mwakasungula, director of the Malawi Centre for Human Rights and Rehabilitation. “Malawi has done right by Darfur victims today.”〔(【引用サイトリンク】url=http://www.hrw.org/news/2012/06/08/au-summit-malawi-stands-darfur-victims )〕 Although the human-rights situation has definitely improved under Banda, “some Malawians,” according to the Voice of America, “have been accusing human rights groups of deliberately muting their criticisms of the new administration,” saying that it “has failed to respond to consumers affected by currency devaluation and price hikes.” The VOA quotes Billy Banda, executive director of the human-rights organization Malawi Watch, as saying that his and other groups “were not deliberately keeping quiet” but were instead “lobbying silently” in order to help Banda's government survive through a difficult time. “But by giving support, that does not necessarily mean that were condoning the current administration. We are urging the administration to open a window of interaction so that whenever people raise concerns they should take heed.” The following chart shows Malawi's ratings since 1972 in the Freedom in the World reports, published annually by Freedom House. A rating of 1 is "free"; 7, "not free". 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Human rights in Malawi」の詳細全文を読む スポンサード リンク
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