Freedoms Come with Responsibility

Freedoms come with responsibilities, a fundamental principle underpinning the exercise of rights in any democratic society. Every Malawian, according to the Bill of Rights in the Republic’s Constitution, is entitled to enjoy their freedoms. These freedoms are non-negotiable and are protected by the country’s laws.

However, it is critical to remember that the exercise of these freedoms must be tempered with a sense of responsibility, as the potential to infringe upon the rights of others is high.

The recent arrests of controversial activist Bon Kalindo, parliamentarian Kamlepo Kalua and CCAP cleric Kondwani Chimbiliro Gondwe have sparked attention and controversy. Activists have vehemently criticised the government, accusing it of violating the right to freedom of expression.

These arrests are linked to the comments made by the suspects regarding the tragic death of former Vice President Dr. Saulos Klaus Chilima and eight others in a Malawi Defence Force aircraft crash.

The crash, which occurred in Chikangawa Forest as Dr. Chilima was traveling to Mzuzu en route to Nkhatabay for the funeral of his long-time friend Ralph Kasambara, has deeply affected the nation.

Critics of these arrests, however, often overlook the responsibility that accompanies the exercise of freedom of speech.

The comments made by the suspects not only risked inciting public unrest but also infringed on the rights of others, particularly the families of the victims.

These families have a right to grieve without being subjected to speculative and potentially defamatory statements.
Furthermore, those accused by the suspects of having a hand in the accident are entitled to the presumption of innocence until proven guilty, a fundamental legal principle.

The families of the victims have called for an independent inquiry into the circumstances surrounding the crash. President Lazarus Chakwera has already sought international assistance to ensure a thorough investigation.

Instead of waiting for the results of these investigations, the suspects chose to make public statements that could incite Malawians and disrupt the peace. Such actions not only disrespect the victims’ families but also undermine the integrity of the investigative process.

The Malawi Human Rights Commission, Human Rights Defenders Committee and Centre for Human Rights and Rehabilitation, among other organisations, have been quick to condemn the arrests.

However, their silence on the irresponsibility of the suspects’ statements is concerning. By failing to address the harm caused by these comments, these organisations risk appearing selective in their advocacy for human rights.

True respect for human rights demands an objective approach that condemns all forms of irresponsibility, regardless of the source.

Civil society organisations and non-governmental organisations must strive for objectivity in their advocacy. Their fight for freedoms and rights should not be selective or politically motivated.

Condemning state actions while ignoring the irresponsible behaviour of individuals undermines their credibility and can be seen as an attempt to gain popularity or attract donor funding.

In conclusion, while the right to freedom of expression is a cornerstone of democracy, it must be exercised responsibly. The arrests of the suspects highlight the delicate balance between protecting individual freedoms and ensuring those freedoms do not infringe on the rights of others.

As Malawi navigates this challenging period, it is essential for all stakeholders, including activists and civil society organizations, to advocate for the responsible exercise of freedoms and to uphold the principles of justice and fairness for all.