A key component of the
Irish Rule of Law International (‘IRLI’) ‘Access
to Justice’ project has been its partnership with the Malawi Police
Services. Since September 2011
an IRLI programme lawyer has worked in conjunction with the main Police Station
in Lilongwe to implement a diversion programme and provide
legal advice and assistance to officers in the police station. IRLI has
delivered a number of workshops to officers on the use of diversion and
legislative updates in criminal procedure. Diversion is a type of restorative
justice principle, which literally “diverts” offenders away from the formal
criminal justice system. This
is the first time an international NGO has been granted such access to a police
station.
Our work would not have
been possible without the commitment and dedication of police officers within
the Lilongwe Police Station. Sub-Inspector Fanny Chimbaya and Constable Yotamu
Chaonaine have attended and participated in IRLI workshops. Both officers have
agreed to share how the interaction with IRLI has impacted their careers within
the Malawi Police Services.
 |
| Sub-Inspector Chimbaya and Constable Yotamu Chaonaine |
When I asked Mr Chaonaine
what was the greatest change he had seen in the police station as a result of
our presence, he said “diversion is now a
reality in our police station. Your presence has helped officers to implement
what they learnt at the IRLI training. Stand-alone training would not have achieved
this”. Mr Chaonaine said due to the
shortage of lawyers in Malawi the police officers never had a qualified lawyer
to spend time with police officers to identify cases that are suitable for
diversion and the legal basis which permitted police officers to use this tool
in combatting crime. This commitment by IRLI to provide a lawyer has greatly
increased the skills of police officers. Mrs Chimbaya echoed this sentiment and
said ‘after the training we had the
skills to talk to our superiors about cases that were suitable for diversion’.
Mrs Chimbaya says the use of diversion means that because minor cases are now
dealt with at the police station, limited resources such as fuel, paper and
police time can be concentrated on more serious offences.
Mrs Chimbaya and Mr
Chaonaine were also instrumental in the success of the IRLI/Venture Trust ‘Mwai Wosinthika – Diversion Aftercare
Program’. Both officers volunteered
personal time to teach young people life skills to assist in the risk of
recidivism by them. Mrs Chimbaya says “It
makes me happy when I see young people returning to school and their excitement
about their futures. Engagement with young people has positive consequences for
the community because it reduces animosity between families”. Mr Chaonaine said he also learnt from
participating in the program by the importance placed on the motto
‘PLAN-DO-REVIEW’ in his approach to his work.
Resulting from their dedication and commitment IRLI supported the
application by Mrs Chimbaya and Mr Chaonaine to participate in the Commonwealth
Scholarship Fellowship Program with Venture Trust. We are delighted that they have been
successful and will be travelling to Scotland with Venture Trust later this
year. We wish you every success!
Mrs Chimbaya and Mr Chaonaine
have continued to excel in their knowledge of diversion and restorative justice
and delivered two of IRLI’s diversion workshops to their fellow officers. When
asked about this Mrs Chimbaya said ‘I now
have the ability to deliver a training workshop on diversion. I can explain to
my fellow officers what diversion means, when it is suitable to be used and how
diverted cases should be recorded. I no longer fear approaching my superiors
about cases because I have the confidence to articulate to them what is involved
and the legal basis for my actions’. Mr Chaonaine expressed his gratitude
to IRLI, he said ‘IRLI has developed my
skills to present on this topic. A year ago I would not have had the confidence
to deliver a workshop, especially to officers of a senior rank’.
 |
| Constable Chaonaine speaking at an IRLI Police Training Workshop at Kanengo Police Station |
 |
| Sub Inspector Chimbaya speaking at an IRLI Police Training Workshop at Kanengo Police Station |
 |
| Group Photo from the IRLI Police Training Workshop at Kanengo Police Station |
For my part the officers
have been a constant guide to me and assist greatly on a daily basis in
achieving the goals which IRLI has set with regards the ‘Access to Justice’
program. There is plenty more work to be
done but with the continued support by the Malawi Police Services it is
certainly achievable.
By Eithne Lynch, Program
Lawyer, Irish Rule of Law International
