Inception

With the onset of the political pluralism in the country, every effort has been made to improve human rights standards and justice systems in Malawi.

With the aim to sustain democratic principles in the country, the British Council conducted a study in 1996 which identified lack of adequate human resources to implement the functions of the different institutions mandated to promote justice and good governance, as barrier to achieve the above aim.

Thus there was urgent need for capacity building to support the democratization and human rights in Malawi.

Hence the European Union (EU) under the European Development Fund (EDF) in conjunction with the Government of Malawi (GoM) introduced the Promotion of the Rule of Law and Improvement of Justice Programme, initiated in 1998. It was originally a three-year programme but it was later extended to third and fourth EDF.

Objectives:

The Rule of Law programme was based on the aim to providing key public legal institutions with assistance to facilitate acquisition of essential technical/legal and managerial skills and material resources.

Specific Objectives:

Enhance Law Reform

Promote law reform through strengthening the newly established Law Commission and Facilitate Revision of outdated Laws;

Implement Penal Reform

Enhance the quality and speed of justice through the improvement in the quality and management of the state prosecution and defense services in the High Court and the Magistrates. Promote Human Rights through the reform of the Prison Management System.

Improve Legal Infrastructure:

Strengthen the Institutions by increasing skills and updating trained personnel by improving the training capacity of the Faculty of Law, training paralegal Officers and Lay-magistrates, provide short courses/seminars and attachments to other institutions in the region and internationally.. Provide support to Legal System through Improvements in the institutional functions, Management and Information Systems, Student/Trainees and lectures through provision of Information Technology equipment, textbooks and reference materials and internet facilities.

Enhance Civic Awareness

Improve Public Information on Good Governance, Human Rights and Access to Justice through Civic Education and other information Sharing Systems.

Beneficiary Institutions

This Programme targeted justice institutions only i.e. the Ministry of Justice, the Judiciary, the Law Faculty, the Law Commission and the Malawi Prison Service. It also included other Ancillary Beneficiary Institutions viz the Anti Corruption Bureau, the National Compensation Tribunal and the National Archives.

The Malawi Prison Service

The Prison Service need to upgrade Prison Management and Physical facilities and Structures as well as improve Treatment of Prisoners and Promote Human Rights.

Accordingly, the Rule of Law Programme aimed at introducing reforms in the Prison Systems through improvements in Policy and Procedures, the quality of Staff, enhanced self-sufficiency and improved Welfare Services.

The Programme comprised of Maintenance of Prison Structures and Upgrading Medical Facilities and Services to improve the living conditions especially for juveniles and other vulnerable groups and ease congestions in the Prisons

Promoting Human Rights for inmates through the review of the Prison Act and Establishment of improved Standing Orders and Regulations.