COUNTRY OF ORIGIN INFORMATION REPORT MA

MALAWI
MARCH 2006

RDS-IND
COUNTRY OF ORIGIN INFORMATION SERVICE

CONTENTS
Paragraphs
1 SCOPE OF DOCUMENT 1.01
2 GEOGRAPHY 2.01
3 ECONOMY 3.01
4 HISTORY 4.01
Independence to May 1994 4.01
Bakili Muluzi government May 1994 to May 2004 4.02
Bingu wa Mutharika government May 2004 to date 4.03
5 STATE STRUCTURES 5.01
The Constitution 5.01
Citizenship and nationality 5.04
Political system 5.05
Overview 5.05
Political parties 5.08
2004 Presidential and Parliamentary Elections 5.10
Developments since the 2004 elections 5.15
Anti-Corruption Bureau 5.17
Judiciary 5.19
Legal rights/detention 5.25
Death penalty 5.27
Internal security 5.28
Overview 5.28
Army 5.30
Police 5.31
Prisons and prison conditions 5.37
Military service 5.43
Medical services 5.44
General 5.44
HIV/AIDS 5.51
Overview 5.51
Societal discrimination 5.57
Access to treatment 5.60
People with disabilities 5.69
Educational system 5.72
6 HUMAN RIGHTS 6.01
6A HUMAN RIGHTS ISSUES 6.01
Overview 6.01
Police 6.07
Torture and ill-treatment 6.07
Police accountability 6.12
Human Rights institutions and organisations 6.17
Malawi Human Rights Commission 6.20
Freedom of speech and the media 6.24
Journalists 6.32
Freedom of religion 6.36
Background and demography 6.36
Christians 6.40
Jehovah’s Witnesses 6.41
Muslims 6.42
Rastafarians 6.43
Indigenous beliefs and religions 6.44
Societal attitudes 6.45
Freedom of assembly and association 6.50
Employment rights 6.55
People trafficking 6.62
Freedom of movement 6.67
6B HUMAN RIGHTS - SPECIFIC GROUPS 6.70
Ethnic groups 6.70
Women 6.74
Overview 6.74
Legal provisions 6.80
Violence against women 6.85
Female Genital Mutilation (FGM) 6.89
Vulnerability to HIV/AIDS 6.91
Cultural practices 6.93
Children 6.96
Child labour 6.105
Traditional customs 6.107
Child care arrangements 6.111
Homosexuals 6.114
6C HUMAN RIGHTS - OTHER ISSUES 6.119
Corruption 6.119
Humanitarian situation 6.125
International aid 6.135
Refugees within Malawi 6.137

ANNEXES
Annex A - Chronology of major events
Annex B - Political organisations and other groups
Annex C - Prominent people
Annex D - Ministers and Deputy Ministers (1 August 2005)
Annex E - List of abbreviations
Annex F - List of source material



1. Scope of Document

1.01 This Country of Origin Information Report (COI Report) has been produced by Research Development and Statistics (RDS), Home Office, for use by officials involved in the asylum/human rights determination process. The Report provides general background information about the issues most commonly raised in asylum/human rights claims made in the United Kingdom. It includes information available up to 31 December 2005.

1.02 The Report is compiled wholly from material produced by a wide range of recognised external information sources and does not contain any Home Office opinion or policy. All information in the Report is attributed, throughout the text, to the original source material, which is made available to those working in the asylum/human rights determination process.

1.03 The Report aims to provide a brief summary of the source material identified, focusing on the main issues raised in asylum and human rights applications. It is not intended to be a detailed or comprehensive survey. For a more detailed account, the relevant source documents should be examined directly.

1.04 The structure and format of the COI Report reflects the way it is used by Home Office caseworkers and appeals presenting officers, who require quick electronic access to information on specific issues and use the contents page to go directly to the subject required. Key issues are usually covered in some depth within a dedicated section, but may also be referred to briefly in several other sections. Some repetition is therefore inherent in the structure of the Report.

1.05 The information included in this COI Report is limited to that which can be identified from source documents. While every effort is made to cover all relevant aspects of a particular topic, it is not always possible to obtain the information concerned. For this reason, it is important to note that information included in the Report should not be taken to imply anything beyond what is actually stated. For example, if it is stated that a particular law has been passed, this should not be taken to imply that it has been effectively implemented unless stated.

1.06 As noted above, the Report is a collation of material produced by a number of reliable information sources. In compiling the Report, no attempt has been made to resolve discrepancies between information provided in different source documents. For example, different source documents often contain different versions of names and spellings of individuals, places and political parties etc. COI Reports do not aim to bring consistency of spelling, but to reflect faithfully the spellings used in the original source documents. Similarly, figures given in different source documents sometimes vary and these are simply quoted as per the original text. The term ‘sic’ has been used in this document only to denote incorrect spellings or typographical errors in quoted text; its use is not intended to imply any comment on the content of the material.

1.07 The Report is based substantially upon source documents issued during the previous two years. However, some older source documents may have been included because they contain relevant information not available in more recent documents. All sources contain information considered relevant at the time this Report was issued.

1.08 This COI Report and the accompanying source material are public documents. All COI Reports are published on the RDS section of the Home Office website and the great majority of the source material for the Report is readily available in the public domain. Where the source documents identified in the Report are available in electronic form, the relevant web link has been included, together with the date that the link was accessed. Copies of less accessible source documents, such as those provided by government offices or subscription services, are available from the Home Office upon request.

1.09 COI Reports are published every six months on the top 20 asylum producing countries and on those countries for which there is deemed to be a specific operational need. Inevitably, information contained in COI Reports is sometimes overtaken by events that occur between publication dates. Home Office officials are informed of any significant changes in country conditions by means of Country of Origin Information Bulletins, which are also published on the RDS website. They also have constant access to an information request service for specific enquiries.

1.10 In producing this COI Report, the Home Office has sought to provide an accurate, balanced summary of the available source material. Any comments regarding this Report or suggestions for additional source material are very welcome and should be submitted to the Home Office as below.

Country of Origin Information Service
Home Office
Apollo House
36 Wellesley Road
Croydon
CR9 3RR
United Kingdom

Email: cois@homeoffice.gsi.gov.uk
Website: http://www.homeoffice.gov.uk/rds/country_reports.html

ADVISORY PANEL ON COUNTRY INFORMATION

1.11 The independent Advisory Panel on Country Information was established under the Nationality, Immigration and Asylum Act 2002 to make recommendations to the Home Secretary about the content of the Home Office’s country of origin information material. The Advisory Panel welcomes all feedback on the Home Office’s COI Reports and other country of origin information material. Information about the Panel’s work can be found on its website at www.apci.org.uk.

1.12 It is not the function of the Advisory Panel to endorse any Home Office material or procedures. In the course of its work, the Advisory Panel directly reviews the content of selected individual Home Office COI Reports, but neither the fact that such a review has been undertaken, nor any comments made, should be taken to imply endorsement of the material. Some of the material examined by the Panel relates to countries designated or proposed for designation for the Non-Suspensive Appeals (NSA) list. In such cases, the Panel’s work should not be taken to imply any endorsement of the decision or proposal to designate a particular country for NSA, nor of the NSA process itself.

Advisory Panel on Country Information
Email: apci@homeoffice.gsi.gov.uk



2 Geography

2.01 Europa 2005: Africa, South of the Sahara records that:

“The land-locked republic of Malawi extends some 840 km from north to south, varying in width from 80 to 160 km. It has a total area of 118,484 sq km (45,747 sq miles), including 24,208 sq km (9,347 sq miles) of inland water, and is aligned along the southern continuation of the east African rift valley system. There are land borders with Tanzania to the north, with Zambia to the west, and with Mozambique to the south and east. Frontiers with Mozambique and Tanzania continue to the east, along the shores of Lake Malawi…

Malawi is one of the more densely populated countries of Africa, with 9,933,868 inhabitants (an average density of 83.8 per sq km) at the 1998 census. The UN estimated the population at 12,105,000 in mid-2003. Population patterns are expected to be affected by the high rate of incidence of HIV/AIDS, which is particularly prevalent in urban areas.” [1a] (p673)

2.02 The CIA World Factbook, updated on 1 November 2005, recorded the conventional long form of the country name as the Republic of Malawi and the conventional short form as Malawi. [2] (p4) Europa 2005 notes that the capital of Malawi is Lilongwe. Other principal towns are Blantyre, Mzuzu, Zomba, Karonga, Kasungu and Mangochi. [1a] (p684)

2.03 The CIA World Factbook recorded the following ethnic groups: Chewa, Nyanja, Tumbuka, Yao, Lomwe, Sena, Tonga, Ngoni, Ngonde, Asian and European. [2] (p4) The National Statistical Office of Malawi 1998 Population and Housing Census recorded that around 5.7 million or 57 per cent of the total population used Chichewa as their language of communication at home. “The other languages most commonly used for communication within households were Chinyanja (13 percent), Chiyao (10 percent) and Chitumbuka (9 percent).” [52a] (page xv) Languages of the World 2005 recorded that Chewa (Chichewa) is the most important language and is co-official with English. [39] (p354) In May 2005, Ethnologue.com recorded that “The number of languages listed for Malawi is 14. Of those, all are living languages.” [3] (p1)

2.04 Europa 2005 notes that “About 75% of the population profess Christianity. The Asian community includes Muslims and Hindus, and there is a small number of African Muslims. Traditional beliefs are followed by about 10% of the population.” [1a] (p690) The CIA World Factbook recorded that, according to a 1998 census, Christians constituted 79.9 per cent of the population; Muslims 12.8 per cent; other religions 3 per cent and those with no religious affiliation 4.3 per cent. [2] (p4)

For further information on geography, refer to Europa 2005, source [1a].

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3 Economy

3.01 The Department for International Development (DFID) Country Profile, updated on 26 July 2004, stated that “Malawi has among the lowest per capita income in Africa. Development prospects are threatened by HIV and AIDS, steeply declining capacity in government, weak economic and financial management, corruption and a poor operating environment for the private sector.” [6c]

3.02 The CIA World Factbook, updated on 1 November 2005, stated that:

“Landlocked Malawi ranks among the world’s least developed countries. The economy is predominately agricultural, with about 90% of the population living in rural areas. Agriculture accounted for nearly 40% of GDP and 88% of export revenues in 2001. The performance of the tobacco sector is key to short-term growth as tobacco accounts for over 50% of exports. The economy depends on substantial inflows of economic assistance from the IMF, the World Bank, and individual donor nations. In late 2000, Malawi was approved for relief under the Heavily Indebted Poor Countries (HIPC) program. The government faces strong challenges, including developing a market economy, improving educational facilities, facing up to environmental problems, dealing with the rapidly growing problem of HIV/AIDS, and satisfying foreign donors that fiscal discipline is being tightened. In 2005, the anticorruption campaign championed by President Mutharika may help encourage investment and economic growth.” [2] (p6)

3.03 Europa 2005: Africa, South of the Sahara records that “In July 2004 the National Statistical Office announced that average per head income had dropped to a record low of $119. Unemployment figures for 2005 were projected to rise to some 365,000 people.” [1a] (p683) IRIN News reported on 30 May 2005 that around 65 per cent of Malawians survived on less than a US dollar a day. [7a]

3.04 The US State Department Report 2004, published on 28 February 2005, noted:

“The MOLVT [Ministry of Labour and Vocational Training] sets separate urban and rural minimum wage rates based on recommendations of the Tripartite Wage Advisory Board (TWAB) composed of representatives of labor, Government, and the private sector. However, the TWAB encountered problems due to inefficient organizational structure and inadequate funding, which hindered timely and accurate revision of the wage rate recommendations. The urban minimum wage amounted to approximately $0.53 (MK 56) per day; in all other areas, it was approximately $0.38 (MK 40) per day. Minimum wage rates did not provide a decent standard of living for a worker and family. Wage earners often supplemented their incomes through farming activities. The MOLVT lacked the resources to enforce the minimum wage effectively. However, the minimum wage largely was irrelevant for the great majority of citizens, who earned their livelihood outside the formal wage sector.” [4a] (Section 6e)

3.05 On 1 November 2005, xe.com indicated that one pound sterling was equal to approximately 215 Malawi Kwachas. [5]

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4 History

INDEPENDENCE TO MAY 1994

4.01 The CIA World Factbook, updated on 1 November 2005, states “Established in 1891, the British protectorate of Nyasaland became the independent nation of Malawi in 1964. After three decades of one-party rule under President Hastings Kamuzu Banda the country held multiparty elections in 1994, under a provisional constitution, which came into full effect the following year.” [2] (p1-2)

BAKILI MULUZI GOVERNMENT MAY 1994 TO MAY 2004

4.02 Europa 2005: Africa, South of the Sahara records that on 17 May 1994 the four– candidate presidential contest was won by Bakili Muluzi, the leader of the United Democratic Front (UDF). [1a] (p674) On 15 June 1999, Muluzi was re-elected to the presidency. [1a] (p675) Europa noted that “Although the UDF was clearly the dominant party in 2003, it nevertheless abandoned its efforts to secure a third term for Muluzi. In April 2003 he dissolved his Cabinet, without prior warning, and named a virtually unknown figure, Bingu wa Mutharika, who had recently been appointed Minister of Economic Planning and Development, as the UDF candidate for the 2004 presidential election.” The presidential and legislative elections took place on 20 May 2004. [1a] (p676)

BINGU WA MUTHARIKA GOVERNMENT MAY 2004 TO DATE

4.03 Europa continues:

“Polling itself proceeded peacefully, however, there was a delay before the results were announced. Upon the release of the results opposition parties alleged electoral malpractice, and threatened legal challenges to the polls. Mutharika was declared the winner of the presidential election, but with only 35.89% of the vote… On 24 May 2004 Mutharika was sworn in as the country’s new President. Most election observer groups said that while the poll had been free, it had not been fair, owing to the inadequacies in the registration process and the bias of the public media in favour of the UDF. The MEC [Malawi Electoral Commission] was blamed for failing to ensure fair media coverage for all parties and candidates, and for failing to update the voters’ roll satisfactorily… There were widespread calls for the MEC to be disbanded because of its chaotic handling of the election, and fears that the international community might again decide to suspend aid to the impoverished country if indeed the election was deemed not to have been free or fair.” [1a] (p677)

(See also Section 5: 2004 Presidential and Parliamentary Elections)

4.04 Keesing’s Record of World Events recorded in February 2005 that President Mutharika resigned from the ruling UDF party on 5 February 2005. The resignation came amidst growing animosity between the President and his immediate predecessor and current UDF chairman, Bakili Muluzi, over an anti-corruption drive that had seen 10 former Cabinet ministers implicated in corruption cases. Keesing’s noted “Mutharika told reporters on Feb. 5 that he could not be a member of a party that condoned corruption. Shortly afterwards, President Mutharika announced that he intended to form a new political party, to be called the Democratic Progressive Party (DPP)” [8a] (p46450) In March 2005, Keesing’s recorded that the President had formally registered his new party, the DPP, on 16 March 2005. [8b] (p46505)

4.05 IRINnews reported on 30 May 2005 that just after his defection from the UDF, the President’s appointment of Mary Nangwale as the first woman inspector-general of police was rejected by parliament after the UDF and the largest opposition party, the MCP, collaborated to outvote Mutharika and his allies. “The rejection of Nangwale further exacerbated the frosty relationship between the executive and the legislature.” [7a]

4.06 On 19 May 2005, allAfrica.com reported that Malawi’s Minister of Education had been sacked after being implicated in a public fund scandal. “The sacking of the minister follows his arrest by the Anti Corruption Bureau (ACB) on allegations that he used public funds mounting to K165,550.00 for his wedding which was held on March 26, 2005 in Blantyre. Yusuf Mwawa was the minister of education and [has] become the first minister to be sacked in the new Mutharika administration on corruption charges.” [14a]

4.07 Keesing’s Record of World Events reported in June 2005 that:

“The National Assembly (the unicameral legislature) on June 23 started debating a motion to impeach President Bingu wa Mutharika for alleged violation of the constitution and misusing government funds to buy a Mercedes car and pay for his grandchildren’s education. The discussions, however, halted when the Speaker, Rodwell Munyenyembe, collapsed and was rushed to hospital…The motion to impeach Mutharika had been sponsored by his former party, the United Democratic Front (UDF).” [8c]

4.08 On 28 June 2005, BBC News reported that Rodwell Munyenyembe had died on Monday 27 June, four days after collapsing in parliament. Moreover, “Parliament went into indefinite recess after Mr Munyenyembe’s collapse, delaying a crucial budget vote which would allow aid money to flow.” The BBC report further noted that “Also on Monday, hundreds of students and civil rights activists took to the streets of the country’s major cities and towns to protest at parliament’s moves to start impeachment proceedings against President Mutharika.” [19e]

4.09 The Africa Research Bulletin for August 2005 recorded that “President Bingu wa Mutharika stripped his deputy, Cassim Chilumpha, of his water development ministerial position in a cabinet reshuffle announced on July 31st.” The Bulletin noted that this meant Chilumpha became a mere vice-president. [31] IRIN News reported on 1 August 2005 that:

“Although the new cabinet still has 20 ministers, the number of deputy ministers increased from eight to 12. Mutharika has not given any reason for dropping Chilumpha… Although Chilumpha and Eunice Kazembe, Minister of Natural Resources, were the only cabinet members to lose their positions, several other ministers were transferred to other portfolios or demoted. Former Information Minister Ken Lipenga - under investigation by the Anti-Corruption Bureau for his ‘unauthorised’ commissioning of 500,000 presidential portraits that were printed at a cost of $784,000 - was moved down to head of the ministry of vocational training. Mutharika has denied allegations that his decisions were politically strategic, saying the new appointments were based on merit.” [7f]

(See Annex D for a list of Ministers and Deputy Ministers)

4.10 On 5 August 2005, BBC News reported that hundreds of Malawians had been given two weeks to leave their houses in the capital, Lilongwe, before the houses were demolished: “Housing official Felix Tukula told the BBC the government wanted to evict those living illegally in Lilongwe on land meant for industrial developments. Mr Tukula said the authorities would use force to remove residents if they refused to leave voluntarily.” [19c] However, Nation Online subsequently reported on 5 October 2005 that the Government had reversed its decision to demolish illegally built houses in Lilongwe City’s Area 51. The Lands, Housing and Surveys Minister, Bazuka Mhango, was reported as saying that his ministry and the Lilongwe City Assembly were going to regularise the “illegal” settlement. [21b]

4.11 On 14 September 2005, BBC News reported that “Malawian politician Gwanda Chakuamba has been arrested following his sacking last week as a cabinet minister. He has been detained for questioning over a speech at the weekend in which he predicted that the president would be out of office by Christmas… The veteran politician was dismissed as agriculture minister and replaced by the transport deputy minister, Sidiq Mia last week.” [19b]

(See also Section 6: Freedom of Speech and the Media, paragraph 6.29)

4.12 On 5 October 2005, Nation Online reported that:

“British High Commissioner to Malawi David Pearey has warned that opposition attempts to impeach President Bingu wa Mutharika have sparked a political crisis that could make it difficult for the donor community to play their part in the development of the country… Pearey’s comments come amid a face-off between Mutharika and the opposition, who accuse him of violating the Republican Constitution and seek his impeachment. Mutharika has meanwhile urged people not to support legislators who are gunning for impeachment… The envoy’s comments also come after a food crisis that is expected to affect 4.6 million people by the end of the year and has manifested itself into growing malnutrition levels in children.” [21c]

4.13 BBC News reported on 15 October 2005 that President Mutharika had declared a national disaster over the food shortages which are threatening almost half the population:

“In a radio and TV broadcast, the president said the crisis had worsened and the country needed more help. UN estimates suggest about five million people will need aid after Malawi’s worst harvest for more than a decade… Mr Mutharika said all 28 districts of Malawi were affected by shortages… The shortages are blamed on poor rains, a lack of seed and fertiliser during the planting season, and the effects of HIV and Aids.” [19d]

(See also Section 6: Humanitarian situation)

4.14 A BBC News article 25 October 2005 stated that supporters of President Mutharika, angered at moves to impeach him, had attacked opposition MPs outside parliament:

“The police say that five vehicles belonging to MPs were destroyed after stones were thrown at them. The violence followed a demonstration by members of Mr Mutharika’s party. Earlier, the High Court ruled that former President Bakili Muluzi did not have to undergo questioning about his financial dealings with foreign donors.” [19h] Nevertheless, an IRIN News article dated 26 October 2005 stated that, according to Anti-Corruption Bureau (ACB) director, George Kaliwo, “investigations into allegations that Muluzi deposited Kwacha 1.4 billion (US $11.4 million) of donor funds into his personal account will continue.” [7k]

4.15 IRIN News reported on 28 October 2005 that:

“Malawi’s opposition have asked donors to keep out of their country’s “internal matters” following a letter from foreign envoys criticising an attempt to impeach President Bingu wa Mutharika… The impeachment motion, backed by the UDF, the MCP, the Alliance for Democracy and some MPs from the Republican Party, has deeply divided the country, with demonstrations for and against taking place every day. Mutharika was saved from impeachment by parliament on Thursday after a constitutional court order blocked the move, saying it needed to review the procedures for impeaching the president. Malawi’s constitution provides for the impeachment of a sitting president but does not say how this should be accomplished… Adding further fuel to an already smouldering situation, agents of the Anti-Corruption Bureau (ACB) investigating [former President] Muluzi’s alleged misuse of $11.4 million in donor aid, raided houses belonging to Muluzi in the capital, Lilongwe, the second city, Blantyre, and his home village of Kapoloma in the Southern province.” [7i]

4.16 On 7 November 2005, IRIN News reported that three UDF parliamentarians had been arrested. All three were reportedly critics of President Mutharika’s Government and instrumental in moving impeachment proceedings against the president. They were named as Sam Mpasu, who was charged with five counts of abuse in office; Maxwell Milanzi, arrested for allegedly fraudulently contesting the May 2004 parliamentary elections and Lucius Banda, charged with forging a school certificate. [7l]

4.17 Reuters reported on 15 November 2005 that Vice President Cassim Chilumpha had been arrested on corruption charges, intensifying the current political crisis. The report stated that “The relationship between wa Mutharika and Chilumpha had deteriorated to the point where the vice president no longer attended cabinet meetings and the UDF said the arrest was a ploy aimed at taking out a key rival.” [50]

For more detailed history prior to 2004 see Europa 2005, source [1a]

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5 State Structures

THE CONSTITUTION

5.01 Europa 2005: Africa, South of the Sahara records that “A new Constitution, replacing the (amended) 1966 Constitution, was approved by the National Assembly on 16 May 1994, and took provisional effect for one year from 18 May. During this time the Consitution was to be subject to review, and the final document was promulgated on 18 May 1995.” [1a] (p688) “The new document provided for the appointment of a Constitutional committee and of a human rights commission, and abolished the system of ‘traditional’ courts.” [1a] (p674)

5.02 The Constitution of Malawi states that “Discrimination of persons in any form is prohibited and all persons are, under any law, guaranteed equal and effective protection against discrimination on grounds of race, colour, sex, language, religion, political or other opinion, nationality, ethnic or social origin, disability, property, birth or other status.” [44a] (Chapter IV, article 20) Full details of the constitution may be accessed via the web link given in the list of sources for source number [44a].

5.03 The US State Department Report 2004 (USSD), published on 28 February 2005, stated that the Constitution prohibits torture and other cruel, inhuman or degrading treatment or punishment and also prohibits arbitrary arrest and detention, but there were problems in practice; for example, with police violence and harsh prison conditions. [4a] (Section 1c & 1d)

(See Section 6: Human Rights for more detailed information on human rights practices)

CITIZENSHIP AND NATIONALITY

5.04 The United States Office of Personnel Management Investigations Service recorded the following about Malawian citizenship in their March 2001 Report “Citizenship Laws of the World”:

“CITIZENSHIP: Citizenship is based upon the Malawi Citizenship Act, dated July 6, 1966. Every person who was a citizen of Malawi before July 6, 1966, continues to be a citizen of Malawi. (UKC-Commonwealth Nation)

BY BIRTH: Birth within the territory of Malawi does not automatically confer citizenship. The exception is a child born of unknown parents.

BY DESCENT:
Child born in Malawi, on or after July 6, 1966, whose father or mother is a citizen of Malawi and is of African race.
Child born abroad, on or after July 6, 1966, one of whose parents is a native-born citizen of Malawi of African race.

BY NATURALIZATION: Malawian citizenship may be acquired upon fulfillment of the following conditions: Person is of an African race or has Commonwealth or Malawian ties, has resided five years in the country, has adequate knowledge of the English language, intends to reside permanently in Malawi, and will renounce previous citizenship. (Aliens without the national ties must have resided for seven years.)

DUAL CITIZENSHIP: NOT RECOGNIZED.
Exception: Child born abroad, who obtains citizenship of country of birth, may maintain dual citizenship until age 21, when the person must renounce the other citizenship within one year or Malawian citizenship will be revoked.
A citizen of Malawi, age 22 or older, who obtains new citizenship through other than voluntary means (for example, marriage) has one year to declare a desire to retain Malawian citizenship or it will be revoked.

LOSS OF CITIZENSHIP:
VOLUNTARY: Voluntary renunciation of Malawian citizenship is permitted by law. Contact the Embassy for details and required paperwork.
INVOLUNTARY: The following are grounds for involuntary loss of naturalized or registered Malawian citizenship:

 Person exercises rights or privileges of another country.
 Citizenship was obtained through fraud or false statements.
 Person has been arrested and imprisoned within seven years of citizenship.
 Person has shown disloyalty or treason against Malawian government.
 Person has been resident outside Malawi for seven years or more without proper registration with Consulate.” [9]

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POLITICAL SYSTEM

OVERVIEW

5.05 The Department for International Development (DFID) recorded in September 2004 that “Malawi was ruled by Britain from 1891 to 1964, attaining its independence on 6 July 1964. After independence, Malawi slid into a one party dictatorship with a President for Life. This state of affairs lasted for almost 30 years until 1993 when Malawi changed from a single party to a multi-party system of government. The political transition was legally marked by a new Constitution, which became completely effective in 1995.” [6a] (p8)

5.06 Europa 2005 notes that:

“The President is both Head of State and Head of Government. The President is elected for five years by universal adult suffrage, in the context of a multi-party political system. The Constitution provides for up to two Vice-Presidents. Parliament comprises the President, the Vice-President(s) and the National Assembly. The National Assembly has 193 elective seats, elections being by universal adult suffrage, in the context of a multi-party system. Cabinet ministers who are not elected members of parliament also sit in the National Assembly. The Speaker is appointed from among the ordinary members of the Assembly. The parliamentary term is normally five years. The President has power to prorogue or dissolve Parliament… Executive power is exercised by the President, who appoints members of the Cabinet.” [1a] (p688)

5.07 The Constitution states that “The President or First Vice-President shall be removed from office where the President or First Vice-President, as the case may be, has been indicted and convicted by impeachment.” [44a] (Chapter VIII, article 86)

POLITICAL PARTIES

5.08 The 2004 Malawi Country Study Report by Transparency International (TI) stated that:

“Since the advent of multiparty politics in Malawi the Constitution guarantees freedom of association under the Bill of Rights. Thus, people are free to form or join any political party. On record, it is said that so far more than 22 political parties have been registered in Malawi. But in reality, the parties that remain in operation are the UDF [United Democratic Front], MCP [Malawi Congress Party], AFORD [Alliance for Democracy], Malawi Democratic Party (MDP), MAFUNDE [Malawi Forum for Unity and Development], National Democratic Alliance (NDA) and the National Independence Party (NIP). The UDF, MCP and AFORD are the most dominant while NDA – a newly launched party follows on the heels of these three together with the MDP. However, in 2002 Parliament amended section 65 of the Constitution requiring that if a member who was elected on a certain party ticket to Parliament joins any other organization whose objectives are political in nature such a member shall lose his/her parliamentary seat. Several Members of Parliament have had their seats declared vacant on the strength of that amendment and are fighting for their political life in the courts.” [34a] (p37-38)

5.09 Keesing’s Record of World Events recorded in February 2005 that President Mutharika resigned from the UDF party on 5 February 2005 and formed the Democratic Progressive Party (DPP). [8a] (p46450) A Nation Online article dated 8 December 2005 reported that the DPP candidates’ victory in the recent by-elections showed that the party was gaining support across the country. [21d]

(See also Annex B for more details of political parties)

2004 PRESIDENTIAL AND PARLIAMENTARY ELECTIONS

5.10 Europa 2005 records that the most recent elections were held on 20 May 2004 when Bingu wa Mutharika was elected President with 35.89 per cent of the vote. The results of the presidential election were:

Bingu wa Mutharika United Democratic Front (UDF) 35.89%
John Tembo Malawi Congress Party (MCP) 27.13%
Gwandaguluwe Chakuamba Mgwirizano Coalition (MC) 25.72%
Brown Mpinganjira National Democratic Alliance (NDA) 8.72%
Justin Malewezi Independent 2.53%
[1a] (p689)

5.11 Europa also records that “In the parliamentary election, the UDF won only 49 seats in the 193-seat legislature, which meant that it would need to forge alliances with other parties to govern. The MCP won the largest number of seats, taking 56, while the RP [Republican Party] secured 15, the NDA [National Democratic Alliance] eight and AFORD [Alliance for Democracy] six.” [1a] (p677)

5.12 On 1 July 2004, IRINnews reported that “At least 26 independent members of parliament have joined the ruling United Democratic Front (UDF), making it Malawi’s majority party.” A UDF spokesperson was reported as telling IRIN that this meant the UDF, with a total of 75 seats, had replaced the Malawi Congress Party (MCP) as the majority party in parliament. [7b]

5.13 The USSD 2004 noted that “International election observers found the May 20 [2004] presidential and parliamentary elections to have substantial shortcomings, including inequitable access to the state-owned media, the ruling party’s use of state resources to campaign, and poor planning by the MEC [Malawi Electoral Commission]. Voter turnout was low compared with the two previous presidential elections.” [4a] (Section 3) The Amnesty International 2005 Malawi country report concurred, advising that “Observers found the polling at the presidential and parliamentary elections on 20 May [2004] to have been largely free and fair, but the overall process unfair. State-controlled radio and television gave by far the most airtime and the most favourable coverage to the ruling UDF’s campaign and presidential candidate, Bingu wa Mutharika.” [12a]

5.14 The USSD 2004 further noted that:

“There was no clear cut ideological difference among the major political parties. The opposition challenged the outcome of the presidential vote, but had little success in legal proceedings due to lack of evidence. Following the election, there were 9 National Assembly vacancies. In 6 constituencies, election discrepancies prevented Parliamentary placement. The newly elected President and Vice-President each won parliamentary seats, but were constitutionally barred from holding other public offices. One seat was declared vacant after the winner’s opponent successfully challenged the results.” [4a] (Section 3)

DEVELOPMENTS SINCE THE 2004 ELECTIONS

5.15 The Foreign and Commonwealth Office Malawi Country Profile, reviewed on 20 July 2005, noted that:

“Mutharika soon indicated he was his own man, in particular launching a determined attack on corruption, alienating many influential figures in the UDF, including his former patron Muluzi. Eventually Mutharika split from the party and founded his own, the Democratic People’s Party, which drew support from a number of minor opposition parties and disaffected UDF MPs. Mutharika’s uncompromising approach and willingness to upset his former colleagues have won him the support of many international donors, but the domestic political climate remains turbulent.” [33] (p2)

5.16 Nation Online reported on 8 December 2005 that:

“Chiefs and political analysts have described Democratic Progressive Party (DPP) candidates’ victory in the just-ended by-elections as a vote of confidence for President Bingu wa Mutharika and his government. They have also spelt doom for the United Democratic Front (UDF) which was a close contender in the election, saying its failure to secure a seat even in its Chiradzulu and Zomba strongholds should be a clear warning that people are fed up with its style of leadership. Overall, the UDF has lost three seats (in Chiradzulu, Zomba Thondwe and Chitipa Wenya) while the People’s Progressive Movement (PPM), the Alliance for Democracy (Aford) and the defunct Republican Party (RP) each lost their seats in Karonga, Mzimba and Nsanje, respectively.

Senior Chief Kaomba of Kasungu and Traditional Authority Ngabu of Chikwawa said in separate interviews that the victory of DPP is a show of people’s confidence in the current government, its leadership and policies towards national development and economic transformation. ‘The party has won seats in all the three regions. It just shows that it’s a party that enjoys people’s support across all the regions and if it was to be supported by other parties in Parliament I would say we would be heading for a good direction. The government has sound policies which the voters have liked and hence this result,’ said Kaomba. But Institute for Policy Interaction (IPI) Executive Director Rafik Hajat warned that although the outcome of the result legitimises the existence of DPP in Parliament, the six seats are too few to enable it [to] wrestle power from the opposition. ‘This [is] a political score for the DPP and President Mutharika and a warning to the UDF that it should put its house in order. Lack of democratic ideals is evident in the party in the way it fields its candidates,’ said another political analyst from Chancellor College, Boniface Dulani.” [21d]

(See also Section 4: Bingu wa Mutharika government May 2004 to date and Annex D for a list of current Ministers and Deputy Ministers)

ANTI-CORRUPTION BUREAU

5.17 A 2004 Malawi Country Study Report by Transparency International stated that:

“There is the Anti-Corruption Bureau (ACB) in Malawi with powers to investigate, prosecute and prevent corruption cases. The ACB derives its powers from the Constitution (1995) and the Corrupt Practices Act (CPA 1995). However, the ACB has no powers to prosecute cases of corruption without obtaining consent from the office of the DPP [Director of Public Prosecutions]. This is perhaps the biggest problem that stalls progress of the ACB in pursuing corruption cases in court. The ACB works in cooperation with the police, the courts, the DPP, donors and other agencies. There is also the office of the Ombudsman in the country. The office of the Ombudsman is a constitutional body. It derives its powers from both the Constitution and the Ombudsman Act. Its duties and functions include the protection of human rights, ensuring that administrative justice prevails in the public and private service and makes recommendations to the Legislature and the DPP on its findings. The Ombudsman does not have powers to prosecute cases of corruption. It only refers such cases to the DPP and reports them to the Parliamentary Committee on the Ombudsman of the Legislature. The Ombudsman works closely with the courts, the Police, the DPP, the ACB and the Legislature.” [34a] (p15)

5.18 On 21 November 2005, The Chronicle newspaper reported that:

“Civil society organisations in the country have accused the Anti-Corruption Bureau (ACB) of bias in the way it is investigating and prosecuting corruption cases, charging that it is only targeting opposition politicians… Institute for Policy Interaction (IPI) Executive Director, Rafiq Hajat said in an interview that to some extent one could mistake the ACB to [sic] being a government’s political weapon to fight those against the President. ‘I think it is a valid point to conclude that the ACB is being used to attack those undermining President Mutharika. But this is very bad for the nation because instead of mending fences we are further fighting,’ said Hajat.

Public Affairs Committee (PAC) Secretary General Muhammad Sharif (SG) said, much as his body applauds the zero tolerance on corruption but [sic] top government officials must also be exposed instead of only pursuing cases of those in opposition… Asked if the ACB could be cautioned or even investigated by any institution on the way it handles its cases, a prominent lawyer, Viva Nyimba said according to the current Corruption Act it seems the ACB is only answerable to the President.” [28f]

(See also Section 6C: Corruption)

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JUDICIARY

5.19 The US State Department Report 2004 (USSD), published on 28 February 2005, recorded that “The Constitution provides for an independent judiciary, and the Government generally respected this provision in practice; however, the judicial system was inefficient and was handicapped by serious weaknesses, including poor record keeping, a shortage of attorneys and trained personnel, heavy caseloads, and lack of resources.” [4a] (Section 1d) The Freedom House 2004 Malawi report observed that “The judiciary has demonstrated broad independence in its decisions, but due process is not always respected by an overburdened court system that lacks resources and training.” [11] (p3)

5.20 The USSD 2004 Report noted that:

“The Constitution provides for a High Court, a Supreme Court of Appeal, and subordinate magistrate courts. The Chief Justice is appointed by the President and confirmed by the National Assembly. The President appoints other justices, following a recommendation by the Judicial Service Commission. All justices are appointed until the age of 65 and may be removed only for reasons of incompetence or misbehavior, as determined by the President and a majority of the Parliament.

By law, defendants have the right to a public trial but not to a trial by jury; however, in murder cases, the High Court used juries of 12 persons from the defendant’s home district. Defendants also are entitled to an attorney, the right to present and challenge evidence and witnesses, and the right of appeal. The judiciary’s budgetary and administrative problems effectively denied expeditious trials for most defendants. During the year, the Department of Public Prosecutions had 10 prosecuting attorneys and 7 paralegals. The paralegals served as lay prosecutors and prosecuted minor cases in the magistrate courts. Lack of funding and a shortage of attorneys created a backlog, mainly in murder cases.

On May 18, the National Compensation Tribunal (NCT), which adjudicated claims of criminal and civil liability against the former dictatorship of Dr. Hastings Banda, was dissolved as a part of the democratic transition process. During its existence, the NCT registered nearly 25,000 claims, of which 342 were compensated fully and 5,247 were awarded interim compensation payments. The NCT’s lack of funds limited its ability to settle claims, but some payments were made during the year.” [4a] (Section 1d)

5.21 The International Foundation for Election Systems (IFES) published a report in April 2004 which evaluated the state of the Malawian judiciary. The report concluded that:

“The judiciary is probably the most credible branch of government in Malawi. In spite of many political and economic pressures and constraints, it has remained relatively independent and has facilitated the realization of human rights including those to a fair trial, equality before the law and access to justice. To a large extent, the judiciary has been able to achieve this because it has a sound constitutional and legal basis for its authority and independence. The Constitution guarantees the judiciary independence from institutional and decisional interference. It also provides for security of tenure of judicial officers, setting a retirement age and restricting the removal of judges. Fair trial, equality before the law and access to justice are guaranteed in the form of human rights which cannot be easily abrogated.

At the normative level, therefore, judicial integrity may appear to be secured sufficiently. However, adverse socio-economic realities limit the practical realization of the various ideals set by the various laws. A general lack of public resources constrains the operational independence of courts and its efficiency. At a personal level, poverty makes most unable to afford legal representation thereby undermining the right to a fair trial. It also makes litigation costs prohibitively high, limiting the number of people who can access the legal and judicial systems.” [10] (Chapter 4)

5.22 The 2004 Transparency International (TI) Malawi Country Study Report stated that “Independence of the Judiciary is a contentious issue in Malawi. Politically, Judges perceived by the ruling party and government as working for the opposition have had their careers on the line only to be saved last minute. For example, mid last year, Justices Dunstan Mwaungulu, Anaclet Chipeta and Chimasula Phiri were thrown into suspension pending proceedings by Parliament to ‘impeach’ them for misconduct.” The TI report stated that all the movers of the motion to impeach the judges were ruling party backbenchers and, according to the Counsel for the judges, the only clear thing about all his clients was that they had recently ruled against the Government. [34a] (p43)

5.23 The TI Report also found that “In a recent study on judicial corruption 40% of respondents indicated that public prosecutors demand or expect bribes in return for services rendered while 39% indicated that judges demanded or expected bribes. However, informed sources have reported that there is little corruption at the Higher Courts, while there are anecdotal reports of corruption in the lower courts.” [34a] (p43)

5.24 A report by the Centre for Human Rights and Rehabilitation (CHRR) published in April 2005 stated that:

“The Malawi legal system could be said to be dual, with formal and customary justice systems operating parallel to each other. The formal legal system is mainly borrowed from the British common law although with some modifications. This formal system has a hierarchy comprising the Supreme, High and Subordinate Courts. On the other hand there is the Customary Justice System, which is informal. It dispenses justice through traditional or customary leaders and chiefs. All the laws are however subject to the Constitution.” [47a] (Section 1)

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LEGAL RIGHTS/DETENTION

5.25 The USSD 2004 Report stated that:

“The Constitution provides the accused the rights to challenge the legality of detention, to have access to legal counsel, and to be released on bail or informed of charges by a court of law within 48 hours; however, these rights seldom were respected in practice… The use of temporary remand warrants to circumvent the 48 hour rule was widespread. In cases where the court determined that a defendant could not afford to supply his own counsel, the Government provided legal services. However, since few persons were able to afford legal counsel and there were only seven public defenders in the country, indigent detainees could not all have representation in a timely manner. Bail frequently was granted to reduce prison overcrowding, rather than on the merits of an individual’s situation.” [4a] (Section 1d)

5.26 The 2004 Malawi Human Rights Commission Report stated that, during 2004:

“The category on ‘Rights of detained persons and prisoners’ registered the highest number of complaints, with 663 representing 58% of the total. Most complainants alleged overstay on remand, delays in conclusion of cases and delays in hearing of appeal cases. Almost all of these cases were uncovered during the Prisoners’ Rights Advocacy exercise conducted in prisons across the country. Complaints relating to Access to Justice and legal remedies registered the second highest number of complaints received with 103 cases.” [23b] (p12)

(See also Prison and prison conditions)

DEATH PENALTY

5.27 The Amnesty International (AI) 2005 country report noted that Malawi retains the death penalty. [12a] However, in a further report dated April 2005, AI reported that 79 death sentences had been commuted on 9 April 2004 (Good Friday in the Christian calendar) and that there had been no executions in Malawi since 1992. [12b] (p3)

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INTERNAL SECURITY

OVERVIEW

5.28 The USSD 2004 Report recorded that:

“The National Police, headed by the Inspector General of Police under the Ministry of Home Affairs, are responsible for internal security. The Malawi Defense Force, under the Ministry of Defense, is responsible for external security. The police occasionally called on the army for support. While the civilian authorities generally maintained effective control of the security forces, there were some instances in which elements of the security forces acted independently of government authority. Some members of the security forces committed human rights abuses.” [4a] (Introduction)

5.29 The CIA World Factbook, updated on 1 November 2005, recorded that the Malawi Armed Forces comprised the Army (including Air Wing and Naval Detachment) and the Police (including Mobile Force Unit). [2] (p9)

ARMY

5.30 Europa 2005 recorded that “Malawi’s defence forces in August 2003 comprised a land army of 5,300, a marine force of 220 and an air force of 80; all form part of the army. There was also a paramilitary police force of 1,500. In late 1997 the army received training in peace-keeping operations from US soldiers.” [1a] (p694)

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POLICE

5.31 A 2004 Report published by Transparency International (TI) stated:

“Section 152–158 of the Constitution creates the Malawi Police Forces and stipulates that the Police shall ‘be an independent organ of the Executive which shall be there to provide for the protection of public safety and the rights of persons in Malawi according to the prescriptions of this Constitution or any other law’. In the exercise of their powers, members of the Police Force shall be under the ‘direction of the courts and shall be bound by the orders of such courts’. Furthermore, ‘political responsibility for the Malawi Police Force shall vest in a Minister of the Government who shall ensure that the discipline and conduct of the Malawi Police Force shall accord with the prescriptions of this Constitution and any other law’.

The Police are headed by the Inspector General (IG) of Police who is ‘accountable to the Minister responsible for the Police’. The IG is appointed by the President for five years, is liable to re-appointment for a further term and the appointment is confirmed by the National Assembly by a majority of the members present and voting, ‘but the Public Appointments Committee may at any time enquire as to the competence of the person so appointed to carry out the duties of that office…’

The Police Forces in Malawi do not have a ‘fraud squad’ as such but that [sic] all corruption related crimes may fall under the Criminal Investigations Departments (CIDs) and neither do they have powers to prosecute corruption cases without the consent of the DPP [Director of Public Prosecutions]. Their functions are mostly facilitatory in nature. That is to say, they facilitate prosecution by carrying out orders from the DPP to make arrests of suspected agents of corruption and bring them to court to be charged and subsequently tried by the courts.” [34a] (p48-49)

5.32 The TI report also stated that:

“Currently, there are 7,250 police officers in the country. With a population of about 10 million people, it is estimated that there are 1,366 citizens for each police officer. Since the advent of the multiparty system crime in the country has escalated. For example, according to Police sources between January and July 2001 there were 230 cases of reported murder in Malawi. Generally, public confidence in the police has plummeted.” [34a] (p14)

5.33 The USSD 2004 Report stated that:

“The country’s police force was inefficient, poorly trained, and inadequately funded. Due to funding limitations, police had extremely limited resources available for training and equipment, and were limited in their ability to provide an infrastructure to ensure respect for human rights. Corruption was widespread. Police continued efforts to improve investigative skills and to introduce the concept of victims’ rights through workshops and other training exercises, particularly in the areas of sexual abuse and domestic violence. The Government continued to seek community involvement in its comprehensive reform of the police. During the year, civil society groups conducted workshops for the police on crowd control measures and management of demonstrations. The country also received foreign assistance during the year to train officials and procure equipment.” [4a] (Section 1d)

5.34 A report by the Vera Institute of Justice dated June 2005 stated that Malawi was a good example of what UK police and justice projects had accomplished. The report stated that:

“Since 1995, DFID [Department for International Development] has been supporting the development of the Malawi Police Service, including reform within its management and experiments with community policing. In 2001 this effort was transformed into a program of sector-wide reform known as the Malawi Safety, Security and Access to Justice Programme (MaSSAJ). This is an ambitious, complex, and long-term development program: it was the first SSAJ program funded solely by DFID…One particularly promising result of this effort has been the first-ever National Crime and Victimization Survey, giving voice to poor people throughout the country in the process of setting security priorities and providing a baseline against which to measure future progress. Another has been the implementation of a series of Primary Justice Pilots that engage state, traditional, and non-traditional institutions to deliver effective dispute resolution at village level and in poor urban settlements. Both illustrate the long-term investments being made, as the benefits of the survey and the pilots will not be fully realized for years. Still, it is a significant accomplishment that the Malawi National Statistics Office (Crime and Justice Unit) was able to conduct the survey.” [53] (p4-5)

5.35 A 2003 DFID Review of the MaSSAJ Programme noted the following examples of achievements in respect of police reform:

 “Strengthening of community policing
 Improved police service delivery through community policing and other work being conducted at the Lilongwe Model Police Station
 Increasing recognition of human rights e.g. treatment of suspects in police custody and prisoners including juveniles in prisons
 More effective administrative and financial management systems in the police.” [6e] (p8)

5.36 The DFID Review also stated that, in spite of the MaSSAJ Programme’s achievements to date, “…achieving sustainable improvements to safety, security and access to justice for the poor and vulnerable in Malawi will not only take time, but will also require long-term external support.” [6e] (p8)

(See also Section 6A: Police and Section 6C: Corruption)

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PRISONS AND PRISON CONDITIONS

5.37 The USSD 2004 Report recorded that:

“Prison conditions remained harsh and life threatening. During the year, an average of 20 inmates died in prison each month, mostly due to HIV/AIDS. Overcrowding, inadequate nutrition, substandard sanitation, and poor health facilities remained serious problems. The prison system, which was meant to accommodate 6,200 inmates, held 9,220 prisoners, 191 of whom were juveniles. To combat these problems, the prison department developed and implemented a program to provide health attendants to each prison. At year’s end, each prison in the country was staffed with at least one health attendant. Programs that provided community service alternatives for some offenders were utilized throughout the country.

During the year, the Government began a program with international donors to renovate the country’s four major prisons, and a new prison was under construction in the northern region. Inmates were encouraged to grow vegetables and raise livestock. Some prisons were upgraded to include improved toilet and shower facilities and plumbing.

Although women were not kept in separate facilities, they were segregated within the prison compound and monitored by female guards. In the four maximum-security prisons, there were separate facilities for juveniles; however, the separation was inadequate in practice, and there were reports of sexual and physical abuse of juvenile prisoners. In the other prisons, juveniles were routinely incarcerated with adults. The law requires pretrial detainees to be held separately from convicted prisoners; however, many prisons could not comply with this law due to lack of space and inadequate facilities.

During the year, the Inspectorate of Prisons, domestic nongovernmental organizations (NGOs), and international NGOs were permitted to make visits to monitor prison conditions and to donate basic supplies. The Prison Reform Committee also worked in collaboration with the Ministry of Home Affairs and the Inspectorate of Prisons to visit prisons.” [4a] (Section 1d)

5.38 A report by the Centre for Human Rights and Rehabilitation (CHRR) published in 2005 and covering the period 1 January 2003 to 31 October 2004 stated that:

“A recent report by the Malawi Inspectorate of Prisons and visits to various prisons by Paralegal Advisory Service, Prisons Fellowship Malawi and a team from the Malawi Human Rights Commission, confirmed that the sanitary conditions were extremely deplorable. Prisoners had to use buckets as toilets as well as for bathing. Worse still, the buckets are kept in the same cells where the prisoners are housed making it appallingly dehumanising. Food in prisons was generally nsima [thick, starchy porridge [27b]] and beans/pigeon peas and at times a supplement from vegetables grown by the prisoners themselves. It is also worth noting that Police Stations do not provide food to suspects in their custody, therefore they are urged to transfer suspects as soon as possible so that they can be fed. Overcrowding continues to be a serious problem in all the prisons and it is aggravated by poor ventilation.” [47a] (Section 2)

5.39 The Amnesty International 2005 Malawi country report, covering events during 2004, reported that in Malawi prisons “More than 180 prisoners died in 2004 – up from 162 in 2003 – out of a prison population of 9,000. This rate of deaths required urgent remedial measures according to standards established by the International Committee of the Red Cross. Many of the deaths were HIV related; others were the result of preventable illnesses caused or exacerbated by overcrowding, poor diet, insanitary conditions and medical neglect.” [12a] A Freedom House report dated 9 September 2004 also noted that “Appalling prison conditions lead to many deaths, including suffocation from overcrowding.” [11] (p3)

5.40 The USSD 2004 Report recorded that “Of the 9,220 persons incarcerated in the country’s prisons, 1,595 were pretrial detainees; of the 191 juveniles held, 91 were pretrial detainees; and of the 58 women held, 37 were pretrial detainees.” [4a] (Section 1d)

5.41 In an April 2005 speech to the United Nations Commission on Human Rights, the Human Rights Commissioner for Malawi stated that the Malawi Human Rights Commission (MHRC) had embarked on a comprehensive nation-wide prisoners rights advocacy and monitoring exercise. “The report brought out a number of serious issues in Malawi’s correctional facilities including congestion, poor sanitary and nutritional conditions, undue prolonged detention on remand pending trial, among others.” [23a] (p3)

5.42 On 21 December 2005, Nation Online reported that:

“The Malawi Human Rights Commission (MHRC) has described prison conditions in the country as an abuse of human rights and has called for immediate action to improve the conditions. MHRC Commissioner John Kapito said this at Liwonde in Machinga on Monday where he opened a five-day workshop for prison warders who will be drilled in issues of human rights. The warders have been drawn from all the 26 prisons across the country. Kapito said there is a lot of torture and inhumane treatment of inmates in most prisons which, he said, is against the United Nations Charter on Human Rights. ‘Instead of being reformatory centres, our prisons have become institutions of torture. The inmates are given one meal a day, their living conditions are pathetic, they do not have toilets where they can relieve themselves in their privacy. There are minimum conditions to be met but the conditions in our prisons are worse than that,’ he said. He said it was unfortunate that government inherited and has maintained the system of keeping prisoners in a manner that was meant to torture other [sic] than to reform the inmates. But Chief Commissioner of Prisons MacDonald Chaona said that giving one meal a day to inmates is not an abuse of human rights. He said with the current infrastructure and resources, the prisons cannot afford to prepare two or three meals a day for prisoners.

“What we give them is enough to keep them for the whole day. We give them 680 grammes of food per person per day and that is enough to carter [sic] for lunch and supper. But we [also] give them porridge in the morning,” said Chaona.

He further said that the other problems facing the prisons include increasing growth of inmates’ population. He said the country’s 26 prisons were built to keep up to 4,500 inmates but the population has increased to 10,000 while staff has reduced due to death and retirement and infrastructure has worsened due to dilapidation.” [21e]

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MILITARY SERVICE

5.43 The CIA World Factbook, updated on 1 November 2005, recorded that there is no conscription in Malawi. The minimum age for voluntary military service is 18. [2] (p9)

MEDICAL SERVICES

GENERAL

5.44 A September 2004 report by the Department for International Development (DFID) noted that:

“Since the formulation of the first National Health Plan in 1964, and subsequent plans in 1973 and 1986, Malawi has made some impressive strides in the health sector. The number of health units the government put in place and the immunisation coverage on communicable diseases evidences this expanded commitment. Despite these improvements to health care delivery, the health status of the population remains relatively poor. This is due to a lack of financial and human resources, reduced donor support, increased demand for health services, the resurgence of diseases such as TB and malaria, and the escalation of the AIDS pandemic.

Among the major challenges is the consistent shortage of essential drugs and medical supplies at service delivery points. This is partly because of the chronic under funding of the health sector. Health expenditure as a percentage of GNP in Malawi is among the lowest in Sub-Saharan Africa. Problems are often compounded by mismanagement, pilferage, and less than efficient drug procurement and distribution procedures. Health indicators are amongst the worst in the world and have shown little improvement in recent years.” [6a] (p9-10)

5.45 The DFID report also noted that the majority of people in Malawi cannot afford to pay for quality care and free health services are not adequately resourced. “This is especially so in the area of drugs.” [6a] (p10-11)

5.46 A DFID press release dated 3 December 2004 stated that the UK Government had announced a six–year £100m programme of support to the health service in Malawi. The report noted that:

“The UK Department for International Development (DFID) will help provide free antiretroviral treatment for more people living with HIV from next year [2005], fund measures to reduce mother and child deaths and invest in better training and higher salaries for doctors, nurses and other health workers. To help fill the current level of vacancies, the programme will also fund volunteer doctors and nurses who will start arriving in 6 months to fill critical posts. The programme will increase the UK’s spending in Malawi by 50 per cent and will result in a 30 per cent rise in Malawi’s total health budget.

Hilary Benn said: ‘Malawi lacks many of the staff it needs and life expectancy has declined from 48 years in 1990 to 39 years in 2000. A properly resourced health service is crucial if Malawi is to cut the number of children dying before their fifth birthday, and the number of women dying in childbirth, and to provide treatment for Malawians living with HIV’.” [6b]

5.47 The South African Development Community (SADC) Trade, Industry and Investment Review 2005 advised that:

“The government is committed to a policy of providing primary health care to all Malawians. The government provides the bulk of general health care services and infrastructure including maternal and child health, primary health care and other specialised clinical services.

The Essential Health Package (EHP) targets 11 conditions accounting for the high disease and death rates in the country. The Ministry of Health and its development partners have developed and adopted the Sector-Wide Approach (SWAp) to health development and agreed that the SWAp programme will be based on delivery of the EHP and its support systems. The proposed EHP/SWAp Joint programme will cost about US$735 million over the next six-year plan period.

There are district hospitals in all the 24 districts of the country and central hospitals in the urban centres of Lilongwe, Blantyre and Zomba. These provide general out-patient and in-patient services and specialist treatment. In addition, Lilongwe has a specialist Dialysis Unit and Eye Hospital, Blantyre an Orthopaedic Hospital and Zomba a Mental Hospital.

The Christian Hospitals Association of Malawi (CHAM), a non-governmental organisation, runs mission hospitals and clinics around the country. Private health care is available from private doctors in Lilongwe and Blantyre.

Malaria, tuberculosis, HIV/AIDS and the continued presence of malnutrition are the most pressing problems facing the authorities at present.” [13]

5.48 A World Health Organisation (WHO) summary dated June 2005 stated that:

“The greatest challenge facing Malawi is a human resource crisis, which has generally created a lack of capacity to deliver health services, especially in rural areas where primary health care is severely compromised. The scaling up of the Essential Health Package has been critically slowed, with only 10% of 617 facilities satisfying the human resource requirements for delivering the Essential Health Package (four professional or technical employees). Staffing is also inadequate to roll out antiretroviral therapy and other services related to HIV/AIDS.” [42] (Section 3)

5.49 On 10 July 2005, an article by Medical News Today stated that the Financial Times, on 6 July, had profiled the lack of medical workers in Malawi. The article stated that “There are only 100 doctors and 2,000 nurses for Malawi’s 12 million people because many health care workers trained in the country now practice in developed countries, which pay higher salaries… In addition, many health care workers in Malawi have become sick with HIV/AIDS or have died… Some hospitals in Malawi have resorted to hiring retired medical workers to fill the gaps, according to the Times.” [40]

5.50 IRIN News reported on 2 August 2005 that:

“Although greater efforts have been made to curb malaria and HIV/AIDS in Malawi, not enough is being done to tackle the country’s alarming maternal death rate, says a coalition of local NGOs. Maternal mortality stood at 1,800 per 100,000 live births in 2003 - the second worst rate in the world after Sierra Leone, according to the United Nations. In an analysis of the 2005/06 health budget the Economic Justice Network (EJN), a coalition of around 70 civil rights bodies, recommended that the authorities implement a ‘deliberate policy’ to address the problem…

The Nurses and Midwives Council of Malawi estimates that 650 nurses have left the country since 2000, and although 8,000 nurses are registered with the council, only around 4,000 of them are employed. ‘What is needed is more money for trained birth attendants, especially in rural areas. The government also has to address some traditional beliefs, which prevent women from seeking professional medical care. We find that most of these deaths occur among communities where midwives are not trained to deal with birth complications,’ Magalasi [EJN executive director] explained.

Dr Wesley Sangala, permanent secretary in the department of health, told IRIN the government had already embarked on several training courses to improve skills in the health sector but had not set aside a ‘special fund’ to deal with maternal health, as it was a ‘cross-cutting’ issue that needed to be dealt in the broader context of women’s health.” [7m]

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HIV/AIDS

OVERVIEW

5.51 The September 2004 DFID report advised that:

“Much of the gains in terms of life expectancy expected from expanded access to health care services appear to have been eroded by the impact of HIV/AIDS. According to the National AIDS Commission, the analysis of results from sentinel surveillance collected in 2003 indicates that HIV prevalence among all adults is 12–17%, which implies that some 700,000 to 1,000,000 Malawians are infected. This epidemic has mainly affected the most productive age group in that approximately 75% of AIDS cases are found between ages of 20 and 40. Considering that this is the most economically active segment of the population, deaths in this age group impose a significant economic burden. HIV/AIDS also accounts for over 40% of the in-patient admissions, placing major burdens on health care services and on limited health budgets. AIDS has tripled the number of adult deaths to nearly 80,000 a year.” [6a] (p10)

5.52 A World Health Organisation (WHO) summary dated June 2005 stated that:

“Young people 13–24 years old are particularly vulnerable to HIV, especially girls. HIV prevalence is almost twice as high in urban areas (25%) as in rural areas (13%). Although both men and women are vulnerable to infection and disease, the impact of HIV/AIDS affects the two sexes differently…In a mature epidemic such as that in Malawi, 20%–40% more women are infected than men. [42] (section 3)

Generally, women lack complete control over their lives and are taught from early childhood to be obedient and submissive to males, especially males who command power such as a father, uncle, husband, elder brother, or guardian. In sexual relations, a woman is expected to please her male partner, even at the expense of her own pleasure and well-being. Dominance of male interests and women’s inability to be self-assertive puts them at risk.” [42] (Section 3)

5.53 A UNICEF news note, dated 20 September 2005, stated that “Malawi has an extremely high prevalence of HIV/AIDS, which affects an estimated 16.4 percent of people aged 15 to 49 and accounts for some 70 percent of hospital deaths. Some 400,000 children under age 15 have been orphaned by HIV/AIDS; many of them [are] now cared for by relatives who are already under economic hardship.” [24]

5.54 The 2005 Appeal by the International Federation of Red Cross and Red Crescent Societies (IFRC) reported that “The national HIV prevalence is about twice as high in the southern region than the northern and central regions. Most of the new infections in Malawi are occurring among 15 to 24 years age group.” [16]

5.55 The National HIV Policy on the Malawi National AIDS Commission (NAC) website, updated on 5 March 2004, and accessed on 13 January 2006, stated that:

“The impact of this HIV/AIDS epidemic has been felt by all sectors of Malawian society, especially the social services sectors. For example, in the health sector the maternal mortality rate has at least doubled; HIV/AIDS patients occupy more than 50% of medical ward beds and more than 70% of pulmonary tuberculosis patients also have HIV infection. In the education and agricultural sectors, teachers and extension workers, respectively, are dying at a faster rate than they can be trained. The large numbers of orphaned children being cared for by elderly people and young siblings has worsened the poverty status of many homes.” [54b]

5.56 The home page of the NAC website, accessed on 23 December 2005, stated that:

“The Government of Malawi established the National AIDS Commission (NAC) in July 2001 to respond to the HIV/AIDS pandemic in the country. NAC is the coordinating body for all HIV/AIDS activities in Malawi with a mandate to providing [sic] leadership in planning, organizing, coordinating and setting standards and guidelines for the prevention and control of HIV/AIDS in Malawi. Activities implemented by the Commission follow the National HIV/AIDS Strategic Framework, which contributes to the national health plan and is part of the Government strategy of poverty reduction. The overall goal of the framework is to reduce the incidence of HIV and other sexually transmitted infections and improve the life of those infected and affected by HIV/AIDS.” [54a]

SOCIETAL DISCRIMINATION

5.57 Information from 2004 posted on the Malawi Centre for Human Rights & Rehabilitation (CHRR) website stated that CHRR was particularly concerned at the discrimination and stigmatisation directed at people living with the HIV/AIDS and, in many instances, their families too. The website further stated that “It is also imperative to note that negative attitudes can result in people being denied the treatment, care and support they need. The stigma attached to the disease also discourages people from taking the HIV test to find out their status, or from declaring the cause of illness or death in their families.” [47b]

5.58 Similarly, the US State Department Report 2004 (USSD), published on 28 February 2005, recorded that “Societal discrimination against persons living with HIV/AIDS was widespread and inhibited access to treatment; many individuals preferred to keep silent about their health rather than seek help and risk being ostracized. The Ministry of Labor and Vocational Training (MOLVT) conducted a public relations program to reduce the stigma associated with having HIV/AIDS.” [4a] (Section 5)

5.59 A July 2003 survey by the Malawi Network of People Living with HIV/AIDS found that:

“Respondents spoke of some PLWHA [People Living with HIV/AIDS] being denied parental and family care when they are known to be HIV positive. When a person is diagnosed as HIV positive, some parents and family members believe the person was promiscuous and, therefore, deserves little or no attention from them…

Other consequences of disclosure include denial of employment and access to financial resources. According to respondents, PLWHA are sometimes denied leadership positions in various community-based organisations, as well as employment and promotion opportunities in the world of work. It is assumed that they will not be able to perform their duties well enough given their potentially poor physical health. It is also sometimes believed they will only bring disgrace to the organisations that employ them. In addition, respondents provided reports of PLWHA being denied loans.” [55] (p30-31)

ACCESS TO TREATMENT

5.60 A DFID report dated September 2004 noted that the vast majority of HIV– infected people in Malawi do not have access to anti-retrovirals (ARVs). [6a] (p11) The report stated that:

“Shortages of essential medicines, particularly ARVs, occur often, particularly in government hospitals. For example, on 14 April 2004, local newspapers reported that the biggest referral hospital in the country had run out of ARVs and the hospital administrator was quoted as saying the money allocated for ARVs was not sufficient to meet the growing demand. For HIV/AIDS patients, constant availability of ARVs is central to ARV therapy treatment, primarily because resistance to particular courses of drugs can develop quickly in the absence of consistent treatment.” [6a] (p15)

5.61 A World Health Organisation (WHO) summary dated June 2005 stated that “As of May 2005 WHO/UNAIDS estimated that a total of 19,000 people were receiving antiretroviral therapy in Malawi.” However, the summary also noted that, in 2003, WHO/UNAIDS estimated that 130,000 people in the country needed antiretroviral therapy and WHO/UNAIDS estimates as of the end of 2004 indicated that Malawi’s total treatment need had risen to 140,000 people. The Government had declared a national treatment target of 80,000 by the end of 2005. [42] (Section 5) However, an IRIN news article dated 24 May 2005 reported the health ministry’s HIV/AIDS coordinator, Dr Erik Schouten as acknowledging that this was ‘not going to happen’. According to Dr Schouten, this was partly due to medication arriving later than planned but it was also a result of crippling staff shortages in the health sector. [7c]

5.62 The WHO summary also stated “Reports indicate that about 4000 people are on antiretroviral therapy in four main sites at Lilongwe (Lighthouse Project) and Blantyre Central Hospitals using a revolving fund to purchase antiretroviral drugs, and the districts of Chiradzulu (supported by MSF [Médecins Sans Frontières] France) and Thyolo (supported by MSF Luxembourg). A number of other smaller clinics are also offering treatment in the major centres.” [42] (section 5)

5.63 A Médecins Sans Frontières Briefing Paper dated 2 November 2004 confirmed that:

“Doctors Without Borders/Médecins Sans Frontières (MSF) runs two AIDS programs in Malawi, one in Thyolo, just south of the largest city Blantyre, and another in Chiradzulu, to the northeast of Blantyre. The Thyolo program includes voluntary HIV testing and counselling, diagnosis and treatment of opportunistic infections, and antiretroviral (ARV) treatment, among other services. MSF works in close collaboration with the district health services and the Malamulo Seventh Day Adventist Hospital and other non-governmental organizations and community groups... ARVs have been provided in Thyolo since April 2003. Some 1100 people are presently benefiting from antiretroviral treatment in the program, including 58 children.” [17]

5.64 On 24 May 2005, IRINnews.org reported that:

“A year after the Malawian government launched its HIV/AIDS treatment programme, the numbers of people awaiting treatment are stretching hospitals to their limits. In May 2004 the government began providing free antiretroviral (ARV) medication at public health facilities, hoping to reach 44,000 people living with the virus by June 2005. But the country’s rollout has been plagued by delays of ‘up to eight months’ in supplying the drugs, which had led to people in urgent need of treatment being forced to wait before accessing the life-prolonging medication, said Victor Kamanga, programme manager of the Malawi Network of People living with HIV/AIDS (MANET+).” [7c]

5.65 A report by the Centre for Human Rights and Rehabilitation covering the period 1 January 2003 to 31 October 2004 found that the long distances people had to travel to have a test to see if they qualified for free ARV treatment, together with the cost of the test itself, acted as a barrier to accessing the ‘free’ therapy for people already living below the poverty line. [47a] (Section 3)

5.66 The IRIN article dated 24 May 2005 stated that:

“According to Dr Tiwonge Loga, executive director of the National Association of People with HIV/AIDS in Malawi (NAPHAM), turning to private doctors to access ARVs was ‘not an option for 90 percent of Malawians’, as it was ‘extremely expensive’. ARV shortages in the public health system meant people who had reached the stage of AIDS were told to ‘go home and wait’, she noted. Even hospitals that were ready to roll out the medication ‘were sitting and waiting for ARVs’, Loga added… Loga cautioned that if the procurement system did not improve, the problem of drug shortages and delays in a country with an HIV prevalence rate of 14 percent and 150,000 people in need of treatment, would not be solved. Admitting that the government had ‘expected the drugs to come in earlier’, the health ministry’s HIV/AIDS coordinator, Dr Erik Schouten, noted that the supply of ARVs was ‘a complex issue.’” [7c]

5.67 The IRIN article also noted that “Malawi is purchasing ARVs with a US $20 million grant from the Global Fund to fight TB, Malaria and HIV/AIDS, which stipulates that the United Nations Children’s Fund (UNICEF) should be used to procure the medication.” [7c]

5.68 The June 2005 WHO summary stated that:

“The prescription and sale of antiretroviral drugs is regulated to guarantee quality control and to reduce the risk of drug resistance developing through inappropriate use of the drugs. The national Essential Drug List is regularly updated to incorporate essential drugs for HIV/AIDS treatment in accordance with the WHO Model List of Essential Medicines. The management of drugs and medical supplies, including procurement, storage and distribution of essential and antiretroviral drugs, is constantly monitored and improved as necessary. Infections related to HIV/AIDS are treated according to the Essential Health Package… The first-line antiretroviral drug regimen is stavudine + lamivudine + nevirapine, which is commonly used in a fixed-dose combination. The cost is about US$ 250 per person per year.” [42] (Section 3)

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PEOPLE WITH DISABILITIES

5.69 The USSD 2004 Report recorded that:

“The Constitution provides for the support of persons with disabilities through greater access to public places, fair opportunities in employment, and full participation in all spheres of society; however, the Government generally did not enforce the laws in practice, due to extremely limited resources. Reported violations were taken seriously and the President publicly declared that students with disabilities should have equal access to education and other government services. The Government has not mandated accessibility to buildings and services for persons with disabilities. There were both public and privately supported schools and training centers that assisted persons with disabilities. There also were several self supporting businesses run by and for persons with disabilities. The Minister of Social Development and Persons With Disabilities was a person with disabilities.

During the 2004 elections, some accommodations were made for voters with disabilities. Voters requiring assistance were permitted to bring an assistant into the voting booth with them.” [4a] (Section 5)

5.70 A collaborative survey, funded by the Norwegian Federation of Organisations of Disabled People, on the living conditions among disabled people in Malawi was published in August 2004. The survey took place in 2003 and found that:

“Among services available to persons with disabilities, health services and traditional healers were found to be available for the majority of those with disabilities, with about 60% of those who needed these particular services having actually received them…While an overview of accessibility to different services, facilities and institutions gives a mixed picture, it is clear that certain of these facilities are not generally accessible to all. Hotels and banks are accessible to less than 10% of individuals with disabilities. Places of worship, health care clinics, hospitals, shops and public transport are on the other hand reported to be accessible by the majority of those with disabilities (over two-thirds). The most notable shortcomings are schools, accessible to only 20% and the workplace, accessible to only 26% of the disabled population.” [15] (Summary)

5.71 A report by the Centre for Human Rights and Rehabilitation, published in April 2005, found that the majority of disabled people continued to face problems in terms of access to public services. “However the main stumbling block remains the societal attitude. For example culturally, a child with disabilities is considered a curse and consequently, care for such a child is not optimal.” [47a] (Section 3)

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EDUCATIONAL SYSTEM

5.72 The most recent Population and Housing Census conducted in 1998 enumerated about 8.3 million persons aged five years or older. The census found that:

“Of this total, 4.8 million or 58 percent were able to read and write at least one particular language. The results reveal that literacy rate[s] for Malawi as a whole increased from 42 percent in 1987 by about 38 percent. Literacy rates among males and females in 1998 stood at 64 and 51 percent respectively… A marked variation in literacy rates, however, exists between rural and urban populations in Malawi. In urban areas 79 percent of the population aged 5 years or over were literate as opposed to only 54 percent in the rural areas, while 83 and 75 percent of the male and female populations aged 5 years or more respectively in urban areas were literate. The corresponding literacy rates in rural areas were 61 percent for males and 47 percent for females.

The results further show that of the total population aged 5 years or older, 2.7 million or about a third had never attended any school. Around 4.9 million (59 percent) had attended primary school and a further 700,000 (8 percent) had been to secondary school and only 28,000 (less than 0.3 percent) had attended beyond secondary school education. Sex differences in school attendance are evident from the results. About 1.1 million (26 percent) males had never attended school as compared to 1.6 million (39 percent) females. On the other hand, males and females who had attended primary school were roughly of equal magnitude: 2.5 million (63 percent) for males and 2.4 million females (56 percent). However, about 20,000 males (0.5 percent) as opposed to 8,000 females (0.2 percent) had attended higher education.” [52a] (xv-xvi)

5.73 Europa 2005 records that “Primary education, which is officially compulsory, begins at six years of age and lasts for eight years. Secondary education, which begins at 14 years of age, lasts for four years, comprising two cycles of two years… In 2004 there were some 45,300 primary school teachers, of whom 17,300 were female… The University of Malawi had 3,872 students in 1995/96.” [1a] (p694)

5.74 The USSD 2004 Report stated that:

“The Government provided free primary education for all children, although education was not compulsory. Families were responsible for book fees and purchasing uniforms. Students from very poor families had access to a public book fund. Girls, especially in rural areas, have historically been unable to complete even a primary education and therefore were at a serious disadvantage in finding employment. During the year, the University of Malawi released a report on the status of free primary education since its inception in 1994. The report noted that over the past decade, the Government increased its education budget annually, but the increases were not proportional to increasing student enrollment. Student dropout rates marginally decreased each year since free education was introduced, but the study concluded that rates remained high. The 2002 Malawi Demographic Household and Education Data Survey’s report indicated that gender gaps in primary school attendance were small but that boys were much more likely to attend secondary school than girls. There also were large gaps in achievement levels between girls and boys.” [4a] (Section 5)

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6 Human Rights

6A HUMAN RIGHTS ISSUES

OVERVIEW

6.01 The 2004 Annual Report of the Malawi Human Rights Commission (MHRC) stated that Malawi had ratified the following principal Human Rights Instruments:

International Covenant on Economic, Social and Cultural Rights (ICESCR);
International Covenant on Civil and Political Rights;
Convention on Elimination of all forms of Discrimination against Women (CEDAW);
Convention on the Rights of the Child;
Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment;
UN International Convention against all forms of Racial Discrimination. [23b] (p5)

6.02 The United Nations Development Assistance Framework (UNDAF) for the period 2002 to 2006 stated that:

“Human rights as a framework for development are embodied in a number of international conventions, declarations, plans of action and other agreements of which Malawi is a signatory. Malawi has ratified major international human rights instruments as well as key human rights related International Labour Conventions. As a signatory to these instruments, the country has accepted to take necessary steps, to the extent that its resources allow, to progressively implement the provisions.” [46] (Section 2.2.1.2.)

6.03 The UNDAF Report also stated that:

“Although observance of human rights has improved, cases of abuse still exist. Low level of knowledge of rights and responsibilities at civil society and government levels are among the major causes of abuse of human rights. One of the contributing factors to this state of affairs is the prevailing culture that does not promote accountability and transparency of the institutions that have been assigned the responsibility of ensuring that civic education is made available. This is further compromised by the low number of professional skills in human rights institutions.

Low observance and enforcement of human rights can be attributed to the weak institutional capacity of the national human rights institutions including limited number[s] of judges and magistrates. This problem is further exacerbated by insufficient flow of resources to support enforcement of the right to development and poverty eradication. While Government commitment to entrench a human rights culture exists, access to economic opportunities and basic social services including legal aid are limited. The weak capacity of the human rights institutions is also aggravated by weaknesses in the justice delivery system, low recognition of the constructive role that duty bearers can play in safeguarding human rights, and the weak framework to deploy and retain skills. These capacity weaknesses make it difficult to monitor and correct human rights infringements and violations.” [46] (Section 2.2.1.2)

6.04 The US State Department (USSD) Report 2004 published on 28 February 2005 stated that “The Government generally respected the human rights of its citizens; however, there were problems in some areas. Unlike in the previous year, police negligence or use of excessive force was not reported to be a factor in detainee deaths. Police on occasion used excessive force in handling criminal suspects.” [4a] (Introduction)

(See also Police: Torture and ill-treatment below)

6.05 The USSD 2004 Report further stated that:

“Prison conditions remained harsh and often life threatening. There were instances of arbitrary arrest and detention, and lengthy pretrial detention was a problem. Security forces at times infringed on some privacy rights. The Government generally respected freedom of speech and the press; however, there were some exceptions. Improvements in press freedoms occurred following the presidential elections. Limited self censorship existed. At times police used force against demonstrators, and police allegedly killed at least one bystander at a political rally. Violence against women was common, and women continued to experience severe societal discrimination. Abuse of children remained a problem. The Government limited workers’ rights. Child labor, including instances of forced child labor, and trafficking in persons were problems. Mob violence triggered by anger over high levels of common crime resulted in several instances of mob executions of alleged criminals.” [4a] (Introduction)

6.06 A Freedom House report dated 9 September 2004 recorded that:

“Local and international human rights groups criticized the secret deportation in June [2004] of five alleged al-Qaeda sympathizers to Zimbabwe at the request of the United States, in defiance of a High Court ruling. The government has declared the deportations of the five foreign nationals, who were later cleared and released in Sudan, a matter of national security. Police brutality is still said to be common, either while detainees are in custody or when they are just released. Arbitrary arrest and detention are common.” [11] (p3)

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POLICE

TORTURE AND ILL-TREATMENT

6.07 A 2003/2004 report by the Centre for Human Rights and Rehabilitation (CHRR) covering the period 1 January 2003 to 31 October 2004 stated that:

“Torture is prohibited in the Constitution as well in the Convention Against Torture (CAT) to which Malawi is a signatory…It should be observed that most laws, which were explicitly sanctioning torture before 1994, have been repealed. However, there are still practices and omissions, which are used by the police, which constitute torture. In this regard, there are numerous cases that have been reported on the use of excessive force and other unlawful means to extract confessions and information from suspects.

The police use techniques such as beatings, physical assault, and the use of wire instead of handcuffs to restrain prisoners and to force confessions. They even at times hide these abuses by keeping prisoners in police custody until wounds are healed before turning them over to the prison system for remand. The mistreatment partly is due to the mistaken belief of many police officers that the law requires them to present a case (not just charges) to the court within 48 hours of arrest. Lack of financial resources for appropriate equipment, facilities, and training also contributes to mistreatment. While higher-ranking officials demonstrate familiarity with rights for the humane treatment of prisoners, their subordinates commonly employ unacceptable techniques. The office of the Ombudsman as well as a number of human rights organizations have recorded complaints related to police torture in the period under review.” [47a] (Section 2)

6.08 The USSD 2004 Report stated that “Unlike in the previous year, police negligence or use of excessive force was not reported to be a factor in detainee deaths. Police on occasion used excessive force in handling criminal suspects.” [4a] (Introduction)

6.09 However, the view of police conduct reported by Amnesty International (AI) in their 2005 Malawi country report, which covered events in 2004, was that:

“The torture or ill-treatment of suspects and deaths in police custody were reported to continue. Mabvuto Maguja died on 23 May [2004], reportedly as a result of repeated beatings following his arrest the same day by Lilongwe police. The postmortem examination found that the cause of death was consistent with pressure on his chest from a blunt object such as a foot, and that injuries to his neck were consistent with strangulation. Wekha Maguja and Gift Chikani, arrested with him, were also allegedly beaten. During the course of the arrests, police officers were reported to have beaten Hannah Kapaluma with machetes and sexually assaulted her.” [12a]

6.10 The same AI report also stated that “Reports continued of excessive force by the police to disperse protesters. On 22 February [2004] the police reportedly used excessive force to curtail a peaceful rally organized by the opposition coalition. Several people were injured when live ammunition was fired to disperse the crowd.” [12a]

6.11 On 23 June 2005, the Chronicle Newspaper (Lilongwe) reported that:

“The Malawi National Youth Dialogue (MNYD) has reacted angrily to the unprofessional so called ‘barbaric’ and disturbing actions of the Malawi Police Force on the cold blooded murders of 12 year-old Mabvuto Bakali, and 16 year-old Anock Sande by Ngabu police within a period of 24 hours last week…Bakali (Mabvuto) died in custody after being assaulted by police for being suspected of stealing money amounting to K100, 000 while in transit from Chikwawa to Ngabu from a fellow passenger, while Anock Sande died after being shot by the police when they used live bullets to control a mob who were protesting against the death of Mabvuto Bakali. According to MNYD, the boys’ deaths add to six on the list of young people killed by the police within a period of 14 months.” [28a]

POLICE ACCOUNTABILITY

6.12 The 2004 Malawi Country Study Report by Transparency International questioned the anticipated independent role of the police and noted reported incidents during 2002 and 2003. The report stated that:

“Political beatings take place in the presence of the police and sometimes right at the police stations but consequently these are left without any arrests particularly when the ruling UDF party is involved. For example, the [former] leader of the MCP opposition party, Gwanda Chakuamba and his Treasurer General, Dr. Hetherwick Ntaba, were nearly killed, allegedly by UDF Young Democrats, at the police station in Kasungu District in 2002 and the culprits have never been arrested. Another MCP Member of Parliament, Hon. Kizito Ngwembe, was also beaten and left for the [sic] dead and naked at the same police station by the same group of UDF Young Democrats who still remain at large as police continue to investigate. And further opposition MP from the AFORD party, Hon Sam Kandodo Banda, was severely beaten on his way to Parliament because of his critical stand on the third term bill and his assailants are still at large.

Furthermore, members of a controversial pressure group, the National Democratic Alliance (NDA) were also beaten right on the premises of Parliament and in full view of the police and the culprits walked away scot-free. Similarly, Mpinganjira was nearly killed at the Bunda turn-off roadblock in Lilongwe when he and his colleagues were ambushed by the same alleged political activists who remain at large. More recently [2003], the newly formed MAFUNDE party officials were forced to seek refuge at Malawi Army Training Camp at Senga Bay in Salima after being chased by UDF Young Democrats, led by Presidential Advisor on Youth Affairs, Henry Moyo. Ironically, 15 people were immediately arrested by the police when the ruling UDF party ‘outspoken district governor for Blantyre, Eric Chiwaya, Wednesday night escaped death at the hands of angry Manase township residents who beat him up and smashed his official car after their village head revealed that Chiwaya had tried to give him money’. The [former] President who usually remains silent when opposition members fall victim to political violence, has since ordered the police to make more arrests on those who beat up the ruling party government.” [34a] (p49-50)

6.13 The 2005 Amnesty International report recorded that:

“Police used live ammunition to quell rioting that followed the announcement of the result of the presidential elections. On 23 May [2004], 10-year-old Epiphania Bonjesi was shot when police used live ammunition on demonstrators in Blantyre. She was admitted to hospital and died on 24 May. According to eyewitnesses, a police officer took aim and fired at her as she sat on her veranda. Five other people reportedly died from bullet wounds during the same disturbances. No independent inquiry into the deaths was carried out, and the findings of any police investigation were not made public. No action was known to have been taken against any officer. Requests for information by the Malawi Human Rights Commission and human rights groups received no response. Compensation of the equivalent to US$2,700 was reportedly paid by the authorities to the family of Epiphania Bonjesi.” [12a]

6.14 A report by the Centre for Human Rights and Rehabilitation (CHRR) published on 5 April 2005 concurred with the AI report, stating that there were brutal police actions against protesters following the May 2004 Presidential Elections, including shooting incidents in Blantyre and Nsanje and the killing of a ten-year old girl. “To date the authorities have not brought to justice any of the officers involved despite numerous calls by the general public and human rights organizations. The police claim that the deaths were accidental.” [47a] (Section 2)

6.15 The CHRR report also noted that “During the period under review [1 January 2003 to 31 October 2004], there were numerous incidents in which the police reportedly did not respect and preserve life... For instance, in September 2003, Peter Mussa Gama died in custody after being beaten by police on suspicion of burglary in Blantyre. An inquest revealed that Mussa Gama died of a broken neck due to strangulation but the perpetrators are yet to be brought to book.” [47a] (Section 2)

6.16 On 14 December 2005, Nation Online reported that:

“A man was battling for his life at Queen Elizabeth Central Hospital Tuesday and another one sustained a leg injury after being shot by Police near Bvumbwe Trading Centre. Police have meanwhile arrested four officers in connection with the shooting. A statement from Police Headquarters in Lilongwe also says the ‘service sincerely regrets the shooting of the two.’ The police shot the two during a fracas that ensued when villagers wanted to search a house belonging to a Chinese national (a Mr. Hwangwang) who was allegedly keeping a girl who went missing last week…

An officer on the spot, speaking on condition of anonymity, defended their action, saying the excessive force they used was a last resort. ‘We requested the villagers to choose representatives but they continued pressing ahead to search the house in their large numbers. It could not work. How do you let over 200 people search one house at the same time? We had to push them away as a way of controlling the crowd but that, too, could not work—forcing us to take up arms,’ he said. Police Public Relations Officer Willie Mwaluka said the acting Inspector-General cannot condone use of excessive force if a situation can be controlled. ‘This is why we have four officers in custody for investigations,’ said Mwaluka.” [21f]

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HUMAN RIGHTS INSTITUTIONS AND ORGANISATIONS

6.17 A report by the Malawi Centre for Human Rights and Rehabilitation (CHRR) published in April 2005 stated that:

“The Constitution of Malawi has created a number of institutions that are mandated to protect and promote human rights…These bodies include the Office of the Ombudsman, the Human Rights Commission, the National Compensation Tribunal, the Law Commission, and the Inspectorate of Prisons…The institutions regarded as watchdogs scrutinize the actions of the government and its departments in regard to compliance on human rights. Their responsibility includes determination of matters raised by individuals whose rights have been violated, conducting human rights campaigns and education, research and reviewing laws affecting human rights and other relevant activities. The High Court also has the jurisdiction to interpret or limit the application of human rights using the Constitution.” [47a] (Section 1)

6.18 A CHRR update of June 2005 noted that nearly all the ‘Good Governance Institutions’, including the Office of the Ombudsman, the Law Commission and the Human Rights Commission were understaffed and lacking in resources. “The office of the Director of Prosecutions (DPP), for instance has less than a score of officers to handle cases throughout the country and in the budget expiring this month was allocated less than a third of its requirements.” The update also noted that parliament had decided not to extend the life of the National Compensation Tribunal after its ten–year life span expired in 2004. According to available information, over a ten–year period, the Tribunal paid full or partial compensation to just 340 claimants out of a total of over 25,000 cases referred to it. [47c]

6.19 The CHRR April 2005 Report stated that:

“During 2003/04, the period in review, there were many human rights organizations working in Malawi. These included local, Constitutional and international organizations. Despite the fact that these bodies were able to operate freely, they encountered a number of problems…The most prominent problems that affect human rights organizations are either lack of financial support or weak administrative structures. These weaknesses have at times made advocacy on human rights difficult to achieve. In 2004 however, most NGOs in the human rights sector were able to network together to tackle issues. International organizations worked directly and funded various human rights activities. They have continued to operate in Malawi without any major problems.” [47a] (Section 1)

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MALAWI HUMAN RIGHTS COMMISSION

6.20 In an April 2005 speech to the United Nations Commission on Human Rights, the Human Rights Commissioner for Malawi, Justice Elton Singini, advised that the Malawi Human Rights Commission (MHRC) became effectively operational in December 1999. The Commissioner said “We have the mandate to promote and protect human rights in Malawi in the broadest sense possible and to investigate human rights violations…In 2004, one of the major activities of the MHRC was to monitor the Malawi General Elections in May 2004.” The Commissioner also advised that, following the elections, the MHRC had been requested by parliamentarians to map out a way forward in order to address the human rights that are repeatedly violated in Malawian election periods. The MHRC would be calling on donors and other cooperating partners for financial support in order to undertake this challenging task. [23a] (p1 & p3)

6.21 In the same speech, the Human Rights Commissioner for Malawi also stated that:

“The MHRC is working in collaboration with NGO gender network in Malawi in advocating for strengthening of gender balance and the advancement of women in the public and private sectors as well as in rural areas. The work of the Commission takes the form of human rights education to empower women and girls so that they refrain from harmful cultural practices that impringe [sic] on their rights and freedoms. The MHRC is also raising awareness amongst women on harmful cultural practices that are health hazards, against the background of the HIV/AIDS pandemic which has been known to be [more] highly prevalent in females than males. In addition, MHRC is lobbying for the realisation of a 30% representation of women in decision-making positions as per the SADC [Southern African Development Community] Declaration signed by Heads of State in Blantyre, Malawi, 1997.” [23a] (p3-4)

6.22 The US State Department Report 2004 (USSD) published on 28 February 2005 recorded that:

“The constitutionally mandated MHRC [Malawi Human Rights Commission] was charged to monitor, audit, and promote human rights provided for under the Constitution, and to carry out investigations regarding violations of any human rights. Despite limited resources, the MHRC issued its 2003 Human Rights Report during the year, which described numerous complaints of human rights violations, such as overcrowding and poor sanitation in prisons, lack of proper medical attention to sick prisoners, long periods of pretrial detention, police brutality, child abuse, domestic violence, and the lack of opposition access to the media during elections.” [4a] (Section 4)

6.23 The 2004 Annual Report of the MHRC stated that:

“The Commission is pleased to report that in the face of various challenges, it managed to make tremendous strides in carrying out its constitutional mandate. During the year under review the Commission registered and handled an increased number of complaints. A total of 1,136 complaints relating to various types of human rights violations were handled compared to 587 complaints in 2003. This represents an increase of 93.5% over the previous year.

Inspite [sic] of receiving hundreds of complaints, the Commission acknowledges that most of the cases have not been concluded largely because of human and financial resource constraints as well as lack of co-operation from some authorities in concerned institutions. Most of these cases (663) were those relating to rights of detained persons and prisoners which were uncovered during the extensive Prisoners’ Rights Advocacy campaigns the Commission undertook in all prisons of the country. The Commission continued to monitor the extent to which vulnerable groups such as prisoners, women and children enjoyed their human rights. Visits to all prisons of the country and to reformatory centres are examples in this regard.” [23b] (p.vii)

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FREEDOM OF SPEECH AND THE MEDIA

6.24 The US State Department (USSD) Report 2004 published on 28 February 2005 recorded that:

“The Constitution provides for freedom of speech and of the press; however, at times the Government limited this right. Following the May [2004] elections, the Government made efforts to increase press freedom. Limited self censorship existed. The Government did not restrict academic freedom.

A broad spectrum of political and ideological opinion was available in the country’s newspapers, usually without government interference. Five independent newspapers were available, including one independent daily and four independent weekly papers.” [4a] (Section 2a)

6.25 The 2004 Malawi Country Study Report by Transparency International stated:

“Major radio stations are state controlled monopolies namely the Malawi Broadcasting Corporation (MBC) radios 1 and 2. There are small independent radio stations also in the country namely Capito FM, Power 101, Radio MIJ, Radio Maria and Islamic Radio. Newspapers that hit national frontiers are the Daily Times, the Daily Nation, Malawi News and the Weekend Nation. The only Television in the country is the state run Malawi Television. The media in Malawi is a monopolized institution. The flow of information in the country is not yet free. Major mass media public infrastructures remain the monopoly of the state. The Malawi Broadcasting Corporation (MBC) and the Malawi Television (MTV) – the only comprehensive national mass media outlets – are the preserve of the state. Opposing views are strictly controlled in these media outlets. The opposition, however, expresses its views through the print media – The Nation, Daily Times and Malawi News. This is limited because Malawi has more than 60 percent of its people illiterate… Now there are about 2 daily newspapers, 2 weekend major tabloids and 5 minor ones – usually campaign mouthpieces owned by politicians and political parties. But even these print media houses sometimes suffer state repression. For example, the Editor-In-Chief of the Daily Times and Malawi News, Jika Nkolokosa, is currently serving a suspension from work for carrying a comment in the Malawi News which criticized the State President for spending more than K200 million in 4 months for inspecting development projects and visiting the people while the country is experiencing hunger and poverty.” [34a] (p16)

6.26 The USSD 2004 Report noted that:

“During the election campaign period, opposition access to the media was limited. Electoral legislation requires that state-owned media provide equal access to all political parties during the election campaign period. However, regulatory bodies and the Malawi Electoral Commission (MEC) failed to enforce these provisions, resulting in uneven access to media resources. The ruling party frequently monopolized resources and used public funds for political campaign purposes. International election observers uniformly cited the lack of balanced media coverage as a limiting factor to the overall freedom and fairness of the electoral process. One political party sued TVM [MTV], MBC, and the MEC over the unfair media coverage. On May 3 [2004], the MEC rebuked both MBC and TVM for not following media rules and guidelines during the campaign, but later that week withdrew the allegations and apologized.

Following international and domestic criticism of media access during the campaign period, officials in the newly elected Mutharika administration made efforts to reduce media bias. On July 22 [2004], the new Minister of Information publicly called for MBC and TVM to allow dissenting views. MBC’s Director General admitted that public broadcasters had not been free to interview the opposition for fear of losing their jobs.” [4a] (Section 2a)

6.27 A report by the Media Institute of Southern Africa (MISA) published in 2005 noted that in 2004 “Overall the media sector in Malawi posted quantitative and qualitative growth alongside a commitment by the government to open up the airwaves to the opposition and a willingness to offer free access to information.” [22] (p59)

6.28 The Amnesty International 2005 Malawi Country Report, however, recorded that during 2004, “Extensive political control of state media limited freedom of expression.” [12a] The MISA report also noted that “There was very little diverse ownership in print media, apart from the establishment of the Democratus whose ownership is still a mystery although it is evidently pro-government.” [22] (p60)

6.29 On 14 October 2004, Nation Online reported that the National Media Institute of Southern Africa (NAMISA) had launched the access to information bill campaign in Blantyre. The NAMISA vice chairman was reported as saying that NAMISA were advocating the bill because, although journalists had freedom of expression, there was a need for them to access information. The vice chairman said “The Constitution provides for a bill of rights which includes access to information but we had no legislation to facilitate this process and that is why we are coming up with the bill.” He also reportedly said that freedom of expression would not be complete without the press having easy access to information. [21a]

6.30 On 4 June 2005, Capital FM, a Malawi News Station, reported that NAMISA had formed a media complaints committee in response to people’s concerns about media shortcomings in Malawi. “The committee comprising seven members including a lawyer will, among other things, receive and investigate complaints from members of the general public.” [20]

6.31 On 23 September 2005, the Media Institute of Southern Africa (MISA) reported that:

“On 20 September 2005, Capital Radio Malawi launched a test case which challenges one of the laws impeding media freedom in the country, the Protected Emblems and Names Act of 1967. The Act reads: “Any person who does any act or utters any words or publishes any writing calculated to or liable to insult, ridicule or to show disrespect to the President, the National Flag, the Armorial Ensigns, the Public Seal, or any protected emblem or protected likeness, shall be liable to a fine of 1,000 pounds (sterling) and to imprisonment for two years.” Capital Radio Malawi managing director and editor-in-chief Al Osman said he had instructed his lawyers to lodge an appeal with the High Court asking it to declare the legislation unconstitutional.

On 14 September 2005, police evoked the legislation to arrest [former] opposition leader Gwanda Chakuamba after he allegedly insulted President Bingu wa Mutharika at a political rally. Capital Radio broadcast the rally live to millions of Malawians. A day after the broadcast, the Malawi Communications Regulatory Authority (MACRA) visited the station demanding a copy of the recording of the rally…The legislation has been targetted [sic] by MISA Malawi for repeal as it hinders media freedom.” [14b]

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JOURNALISTS

6.32 The Reporters Without Borders Malawi 2004 Annual Report published on 3 May 2004 recorded that, during 2003:

“Young members of the ruling United Democratic Front (UDF) continued to settle their differences with journalists by punching and kicking them with complete impunity. But the authorities seemed to soften their stance towards the country’s energetic opposition press in 2003. In October, for example, director of public prosecutions Fahad Assani said the police should not arrest journalists who were going about their work. He wrote to police chief Joseph Aironi a few days later asking him to pass on this instruction to his staff, saying it was unacceptable to intimidate journalists and that Malawi’s young democracy needed the support of a free press. But disturbing statements by some political leaders served as a reminder that press freedom cannot be taken for granted. In August [2003], for example, the UDF deputy regional governor for South province, Samson Msosa, threatened to ‘deal with’ the staff of the independent daily The Nation and warned them against trying to cover his party’s convention. Reporters who wanted to attend the convention should first get a UDF membership card, he said. [Former] President Bakili Muluzi immediately distanced himself from these comments and said all journalists were welcome at the UDF’s convention. Nonetheless, a reporter was physically attacked and several others were expelled at the opening.” [18a] (p1)

6.33 The USSD 2004 Report recorded that

“On May 23 [2004], police shut down the Malawi Institute of Journalism, an independent radio station, and arrested four journalists after the station aired what was described as an “inflammatory interview” with an opposition party spokesperson. In the interview, the spokesperson called for the closure of airports and roadways to prevent guests from attending the presidential inauguration, and for the Malawi Defense Force to assume control of the Government. The reporters were released from custody and the charges were subsequently dropped.” [4a] (Section 2a)

6.34 The USSD 2004 Report also noted that “Unlike in the previous year, there were no reports that police assaulted journalists.” [4a] (Section 1c)

6.35 On 17 March 2005, BBC News reported that two Malawian journalists and a civil servant had been freed on bail after being arrested over reports that President Mutharika had moved out of his residence because of ghosts. The journalists were charged with publishing false news likely to cause public alarm and fear and 25 journalists had staged a protest to support their colleagues. [19a] On 23 March 2005, Reporters Without Borders reported that they were dismayed at an announcement by Malawian director of public prosecutions Ishmael Wadi that an additional charge of “causing ridicule” to the President would be brought against the two arrested journalists. [18b] According to the Media Institute of Southern Africa (MISA) on 23 September 2005, three journalists were arrested and subsequently released over the incident at the President’s palace. The MISA noted that the Protected Emblems and Names Act had been evoked against the journalists. [14b]

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FREEDOM OF RELIGION

BACKGROUND AND DEMOGRAPHY

6.36 The US State Department (USSD) Malawi International Religious Freedom Report 2005, published on 8 November 2005, recorded that:

“More than 70 percent of the population is Christian. Among the Christian denominations, the largest are the Roman Catholic Church and the Church of Central Africa Presbyterian (CCAP), with smaller numbers of Anglicans, Baptists, evangelicals, and Seventh-day Adventists. There is a substantial Muslim minority totaling approximately 20 percent of the population. The vast majority of Muslims are Sunni, adhering to either the Qadriya or Sukkutu groups. There are also Hindus, Baha’is, a small number of Rastafarians, and followers of traditional indigenous religions. There are few atheists. Foreign missionary groups are present in the country, including Protestants, Catholics, Pentecostals, Jehovah’s Witnesses, and Islamic aid organizations.” [4c] (Section I)

6.37 A 2004 publication on the Friends of Malawi website, accessed 23 June 2005, stated that “Christianity is the majority religion in Malawi. Sixty percent of Christians are Protestant and 15% are Catholic. Other sects include Baptists, Seventh Day Adventists, Anglicans, Church of Central African Presbyterians (commonly called CCAP), and Jehovah’s Witnesses.” [27a]

6.38 The USSD 2005 International Religious Freedom Report stated that President Mutharika is Catholic and the Vice President (Cassim Chilumpha) is Muslim. Moreover, “Several cabinet members and parliamentarians are Muslim.” [4c] (Section II)

6.39 The same report stated that:

“The Constitution provides for freedom of religion, and the Government generally respects this right in practice. The Government at all levels strives to protect this right in full and does not tolerate its abuse, either by governmental or private actors. There is no state religion. There are no separate requirements for the recognition of religions, but religious groups must register with the Government…During the period covered by this report, there were no reports that the Government refused to register any religious groups. The Government observes both Christian and Muslim holy days…Religious leaders were free to speak publicly on political and social issues. There were no reports of religious prisoners or detainees.” [4c] (Section II)

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CHRISTIANS

6.40 The 2004 publication on the Friends of Malawi website, accessed 23 June 2005, stated that:

“Christianity has a huge presence in Malawi. Until 2001, Bible Knowledge was a required subject for all Malawian secondary school students—it has since been replaced with a Religious Education curriculum that includes other world religions. Christianity was first introduced to Malawians by David Livingstone and other missionaries who worked along the lakeshore in the late 1800’s. Christianity spread rapidly under British colonialism despite an initially hostile welcome. Now most villages have a mission or an extension of some Christian sect. Some of the missions provide vocational training, schools, or hospitals at cost for the local community. Services are in the local language in all areas and areas with large populations of whites/expatriates may offer services in English. Although Christianity has had a number of positive influences on Malawi (i.e. education and provision of health care institutions), it has not been without cost. In many cases Christianity considers traditional beliefs and ways of living to be incompatible or inferior, and as a result, these cultural values have dwindled, if not disappeared altogether.

Which is not to say that traditional beliefs do not have a place in contemporary Malawian spiritual life. Despite a strong mission presence in Malawi’s history and society, the Christianity that Malawians practice does not completely conform to a Western model. For many Malawians, Western Christian beliefs are intertwined with traditional African practices and beliefs. For example, it is not uncommon to find men who consider themselves Christians, but have multiple wives or mistresses. In addition, many Malawian Christians consult traditional healers or even participate in the traditional beliefs of Gule Wamkulu. While these practices are not necessarily non-Christian, they are different from the traditional Anglo-Saxon variety of Christianity with which Americans are familiar.” [27a]

(See also: Indigenous beliefs and religions)

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JEHOVAH’S WITNESSES

6.41 The 2004 publication on the Friends of Malawi website, accessed 23 June 2005, stated that “Jehovah’s Witnesses have had a particularly hard time proselytizing in Malawi. The first Jehovah’s Witness missionary was forced out of Malawi in the 1910’s, but the religion took hold anyway. President Banda did not approve of Jehovah’s Witnesses, so he outlawed the religion. President Muluzi made it legal again in 1995, and it has flourished since.” [27a]

MUSLIMS

6.42 The 2004 publication on the Friends of Malawi website, accessed 23 June 2005, stated that:

“The second most prominent religion in Malawi is Islam—Muslims make up 15-20% of the population. Islam was introduced by Arab slave traders who traveled largely by boat. They reached Malawi via the lake in the early 1800’s, and converted tribes along the lakeshore. The people of the Yao tribe along the southern lakeshore are most strongly associated with Islam. Almost every village in the areas of Balaka, Machinga, and Mangochi have [sic] a mosque. Many women in these areas wear veils that cover their heads, but not their faces, and some boys learn Arabic and Kiswahili to pursue study of the Koran.” [27a]

RASTAFARIANS

6.43 The USSD 2005 Report on Religious Freedom stated that there are a small number of Rastafarians in Malawi. [4c] (Section l) The USSD report also noted that “In May 2005, the Government and Rastafarian leaders came into conflict over a ban on long hair in public schools. The Rastafarian community, citing long dreadlocks as an expression of religion, called the ban discriminatory and threatened legal action. Government officials declared the prohibition was against long hair, not dreadlocks, and was not intended to infringe upon any religious rights.” [4c] (Section II)

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INDIGENOUS BELIEFS AND RELIGIONS

6.44 The 2004 publication on the Friends of Malawi website, accessed 23 June 2005, stated that:

“Indigenous beliefs and religions make up approximately 5% of the population, though they are rarely discussed, especially in Christian circles. Nonetheless, their influence is profound: nearly every market has a section or two for the local African doctor’s medicines, and Gule Wamkulu dancers are present at many funerals. Gule is an animistic religion common among the Chewa tribe in the central region. In Gule Wamkulu, the “big dance,” leading dancers are elaborately costumed in ragged cloths, animal skins and usually a mask, all of which are designed to project the spirit they embody while dancing. The dancers themselves form a secret society that follows stringent initiation practices and meets in cemeteries—a practice which sets them apart from ordinary Chewa. Generally, cemeteries are taboo for any purpose other than a funeral.” [27a]

SOCIETAL ATTITUDES

6.45 The 2004 publication on the Friends of Malawi website, accessed 23 June 2005, stated that:

“Conflict between Christians and Muslims is rare in Malawi; when it does erupt, as occurred in mid-2003, it is usually politically motivated. Political affiliation, religious persuasion, and tribal identity are closely bound together in Malawi, and mosques are one of the most visible elements of that identity. Outside of election time, relations between Christianity and Islam are quite calm. Malawians are generally tolerant of the three Old Testament religions, and tend to be more concerned about whether or not a person actively worships a god than what form that worship takes.” [27a]

6.46 The US State Department (USSD) Malawi International Religious Freedom Report 2005, published on 8 November 2005, recorded that:

“The generally amicable relationship among religions in society contributed to religious freedom; however, there were occasional tensions between Christians and Muslims. Although there were no significant conflicts, these minor tensions were especially evident following the presidential and parliamentary elections in May 2004, and they appeared to have been fueled largely by political candidates. Christians and Muslims generally coexist peacefully, often participating in business or civil-service organizations together. A small Hindu minority also participated in business and civil society…

During the 2004 presidential and parliamentary campaign period, some prominent Christian religious leaders frequently spoke about corruption, the electoral process, and the candidates. The church leaders were often openly critical of the ruling political party, and candidates and officials took issue with the churches’ statements. The Government did not attempt to restrict remarks of religious leaders; however it declared that such statements deviated from the proper role of religious leaders. Churches continued to be a significant source of political influence, particularly in rural areas.” [4c] (Section III)

6.47 The same report also stated that:

“In November 2004, a dispute between Muslims and Christians erupted over the proper burial rites for mixed-religion families. Following the death of a child whose Christian parents hailed from a Muslim-dominated community, religious leaders and relatives on both sides advocated for their views on burial rites. The dispute allegedly resulted in violence and vandalism after a series of inflammatory remarks. A Christian preacher was allegedly assaulted in the incident, and in May [2005], several suspects were in custody awaiting trial for assault and malicious damage…

In December 2004, a group of Muslims in Blantyre allegedly beat a Christian preacher for refusing to hand over a copy of the Qur’an. The preacher did not suffer serious injuries. No arrests were reported, and no further action was taken on the case during the reporting period.” [4c] (Section III)

6.48 The US State Department Report 2004 (USSD 2004) published on 28 February 2005 noted that following the 2003 deportation of five Muslims allegedly associated with al-Qa’ida, violent protests led to the Muslims’ targeting of Christian interests, such as churches and NGOs. “Although tensions increased as a result of these events, there were no further protests during the year.” [4a] (Section 2c)

6.49 On 22 December 2005, Nation Online reported that:

“President Bingu wa Mutharika has been accused of systematically discriminating against Muslims and denying them a chance to participate in public, social and economic affairs of the country. The Central Islamic Society (CIS), an Islamic grouping registered with the Muslim Association of Malawi (Mam), in a statement released on Wednesday, claimed that since Mutharika came to power in 2004 he has changed his mindset on issues of religious tolerance and attitude towards Muslims. But the State House has described CIS as “political surrogates” who are being used by a certain sector of politicians…

The society [CIS] cited the trend in public appointments of board and commission members, sidelining of Muslims in distribution of relief maize and alleged harassment of Vice-President Cassim Chilumpha as some examples of how Mutharika is working to sideline Muslims in the running of the country…Mam Secretary General Imraan Shareef Muhammed confirmed that CIS was registered under his association but said he was not aware of the press statement. He, however, said any organisation under Mam was free to air out its opinion on economic and political issues in the country. State House Press Officer Chikumbutso Mtumodzi said although he had not seen the statement he knows that the idea was to circumvent the truth… ‘Muslims have been accorded equal opportunities in all spheres of life. For instance, the Director of Public Prosecutions (DPP), the Minister of Agriculture, and the Minister of Youth, Sports and Culture are Muslims,” said Mtumodzi.’ [21h]

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FREEDOM OF ASSEMBLY AND ASSOCIATION

6.50 The US State Department (USSD) Report 2004 published on 28 February 2005 recorded that:

“The Constitution provides for freedom of assembly; however, there were instances in which police limited this right. Authorities interfered with opposition party political functions, and in some cases, used violence to disperse crowds. Some opposition candidates were unable to obtain permits to hold political gatherings.

On February 22 [2004], two persons were shot when police used live ammunition and tear gas to break up an opposition rally at Njamba, near Blantyre. Police also destroyed a podium and platform erected for the event. According to police, the gathering, which coincided with a ruling party rally nearby, was illegal because it lacked proper permits. Opposition leaders maintained they had a court injunction allowing the event to take place. MHRC [Malawi Human Rights Commission] urged the Inspector General of Police to launch an investigation into the violence, but no action was taken by year’s end. [4a] (Section 2b)

6.51 The USSD 2004 Report also stated that:

“On May 23 [2004], in Blantyre, police allegedly shot 2 protestors and arrested at least 96 others for rioting over the results of the presidential election. Police reportedly used live ammunition and tear gas to stop looting and vandalism immediately following the announcement of the election results. One man was reportedly beaten to death by a group of worshippers when he sought refuge from the tear gas in a nearby mosque. The suspects arrested by police were released on bail within 48 hours of arrest and were awaiting trial. An investigation into the shootings was ongoing at year’s end.

On May 24, a police officer attempting to break up a political demonstration allegedly shot 10-year old Epiphania Bonjesi. Bonjesi, a bystander, bled to death after being shot in the leg. Eyewitness accounts indicated the bullet was fired by police, and the investigation was ongoing at year’s end. In an out-of-court settlement in October [2004], the Government paid compensation to Bonjesi’s family. There were unconfirmed reports of one other death as a result of police attempts to subdue post-election unrest.” [4a] (Section 2b)

(See also The Police: Torture and ill-treatment and Police accountability)

6.52 The USSD 2004 Report also noted that “The Constitution provides for freedom of association, and the Government generally respected this right in practice. The Government required organizations, including political parties, to register with the Registrar General in the Ministry of Justice, and registration was routinely granted.” [4a] (Section 2b)

6.53 A Freedom House report dated 9 September 2004 recorded that:

“The government generally respects freedom of association and assembly. Many human rights organizations and other nongovernmental organizations operate openly and without interference. The right to organize and to strike is legally protected, with notice and mediation requirements for workers in essential services. Unions are active but face harassment and occasional violence during strikes. Collective bargaining is widely practiced.” [11] (p3)

6.54 The Amnesty International 2005 Malawi country report noted that “In June [2004] a presidential decree that no demonstration connected with the elections should take place was ruled unconstitutional by the High Court.” [12a]

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EMPLOYMENT RIGHTS

6.55 The US State Department Report 2004 (USSD) published on 28 February 2005 recorded that:

“The law allows workers to form and join trade unions and workers exercised this right in practice; however, union membership was low due to the small percentage of the workforce in the formal sector, the lack of awareness of worker rights and benefits, and a resistance on the part of many employees to join unions… Unions must register with the Registrar of Trade Unions and Employers’ Organizations in the MOLVT [Ministry of Labor and Vocational Training], and registration was routinely granted. At year’s end, 26 unions were registered. The law prohibits anti-union discrimination by employers and requires that employers reinstate workers dismissed because of union activities. Unlike in previous years, there were no reports of persons who were fired for their membership in unions. Unions have the right to organize and bargain collectively, and the Government protected this right in practice…

The law allows members of a registered union to strike or go through a formal mediation process overseen by the MOLVT, and workers exercised this right in practice. A strike can only occur after all settlement procedures established in a collective agreement (an understanding, not necessarily signed, reached by both parties to attempt mediation) and conciliation efforts have failed. Laws do not specifically prohibit retaliation against strikers.” [4a] (Section 6)

6.56 An International Labour Organisation (ILO) project overview, covering the period February 2002 to February 2005, stated that:

“In Malawi, the Labour Ministry lacks the funds, equipment, staff and technical skills it needs to help employers and workers apply the labour laws revised in 1996. In addition to historical obstacles to open dialogue, many employers and workers organizations lack the full capacity to successfully negotiate. A new labour relations court is helping with some of these issues however a lack of resources has produced a backlog of cases, and judges and registrars need training.” [56]

6.57 A September 2003 report by the Centre for Research on Multinational Corporations in the Netherlands and the Workers College in South Africa on garment production in Malawi, found that “…labour conditions in Malawi are poor and characterised by long hours, scant regard for workers health and safety and wages which are, in the garment sector as well as in many other sectors, amongst the lowest in the world.” [57] (introduction) The report also stated that:

“Labour standards are enshrined in law and many some [sic] of the brands and retailers in the US market have codes of conduct stating minimum labour conditions. Factories tend to ignore those provisions that will have an impact on profit or interfere in the completion of targets and the Malawi department of labour are under resourced to monitor and ensure compliance. Trade unions tend to be small and relatively disorganized in Malawi with the majority of industrial action in the garment sector occurring in the form of spontaneous protest on the part of workers subject to extremely exploitative conditions.” [57] (conclusion)

6.58 The USSD 2004 Report recorded that:

“The Constitution prohibits forced or compulsory labor, including by children; however, such labor occurred. According to the ICFTU [International Confederation of Free Trade Unions], bonded labor involving entire families was widespread on tobacco plantations. Tobacco tenants have exclusive arrangements, often unwritten, with the estate owners to sell their crop and to buy inputs such as fertilizer, seed, and often food. These costs, in addition to rent charges, often were greater than the artificially low price received for the tobacco crop, leading to a situation of debt and bonded labor to repay the input and other costs.” [4a] (Section 6c)

6.59 On 8 March 2005, an article in the Chronicle reported on the findings of a report released by the Centre for Social Concern earlier that month:

“The general consensus, according to the report, is that child labour is prevalent in Malawi’s tobacco estates, as the study, ‘established and verified that children spend all their time with the parents helping with tobacco production.’ Only the children under five are spared. In some instances, even some under-fives reported to having done some work related to tobacco production, said the report continuing: ‘Children above nine years are heavily involved in tasks like clearing fields, making nursery beds and watering nurseries and transporting tobacco.’ [28d]

6.60 The USSD 2004 Report stated that:

“The Constitution defines children as persons under 16 years of age, and the law prohibits the employment of persons less than 14 years of age; however, child labor was a problem. The law also prohibits the employment of children less than 18 years of age in work that was hazardous, harmful, or interferes with their education. There was no special legal restriction on children’s work hours, though during the year the Government began work on a code of conduct to specify work hours for children. There was significant child labor on tobacco and tea farms, subsistence farms, and in domestic service, largely as a result of extreme poverty and longstanding cultural traditions. One local NGO reported that in urban areas, it was common to find young girls working outside of their family as domestic servants, receiving little or no wages. School-aged children often worked as vendors. The results of a May 2002 MOLVT study on child labor in the country were released in July [2004]. The study indicated that 72 percent of children were in school, and 84 percent of children were working either in or outside of their homes.” [4a] (Section 6c)

6.61 The same report also stated that:

“In October [2004], an International Labor Organization (ILO) report noted a rise in the number of children doing “ganyu” (piecework) on the land to earn money to buy food or support their families. According to the ILO, 11 percent of children ages 10 and 11 were informally employed, and an estimated 42 percent of young people between ages 15 and 19 participated in the labor market. Budgetary constraints hindered minimum work age and child labor law enforcement by police and MOLVT inspectors. In 2003, the Government trained approximately 120 labor officers in child labor monitoring, and has held refresher training since that time. During the year, the MOLVT youth committees in rural areas monitored and reported on child labor.” [4a] (Section 6c)

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PEOPLE TRAFFICKING

6.62 The US State Department (USSD) Trafficking in Persons Report published on 3 June 2005 reported that:

“Malawi is a country of origin and transit for men, women, and children trafficked for the purposes of forced labor and sexual exploitation. Trafficking victims, both children and adults, are lured into exploitative situations by offers of lucrative jobs either in other regions of Malawi or in South Africa. Children are internally trafficked for forced agricultural labor. Women in prostitution reportedly draw underage children into prostitution. Anecdotal reports indicate that child sex tourism may be occurring in Malawi, primarily along the lakeshore.

The Government of Malawi does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so. Trafficking in persons was a new concept to Malawian officials in 2004, when, in the midst of near-total political transition, they made admirable efforts to organize anti-trafficking activities and information.” [4b] (Section V)

6.63 A report by the International Organisation for Migration dated 24 March 2003 stated that women and girls were recruited by Malawi businesswomen or long distance truckers who promised employment or educational opportunities in Europe and South Africa but, on arrival in these countries, the victims were forced to work as sex-workers. The report also noted that “…both girls and boys may be recruited in the holiday resorts along Lake Malawi by European sex tourists who pay money to the child’s parents with promises of educational opportunities for the child in Europe. The victims are featured in pornographic videos that are transmitted over the Internet with victims’ names and contact details included. In Europe, the children are sexually exploited in private homes, and are sold to pedophile [sic] rings.” [45] (p2)

6.64 The June 2005 USSD Trafficking in Persons Report noted that:

“The government made progress in furthering its anti-trafficking law enforcement efforts during the reporting period. Malawi’s constitution prohibits slavery, servitude, and any form of forced or bonded labor. Its penal code criminalizes abduction; procuring of a person for prostitution or to work in a brothel; procurement and defilement involving threats, fraud or drugs; involuntary detention for sexual purposes; and living off the proceeds of prostitution or operating a brothel. During the year, the government reintroduced an amendment to strengthen and support these articles. In addition, the Malawi Law Commission began drafting a specific law to criminalize all types of human trafficking.” [4b] (Section V)

6.65 The same report also stated that:

“The government made appreciable progress during the reporting period in caring for victims of trafficking and provided assistance commensurate with its limited resources and capacity. In May 2004, it conducted a rapid assessment of the situation of the country’s orphans and determined that they are at risk of exploitation, including sexual exploitation. The Ministry of Gender, Child Welfare, and Community Services responded by developing and launching a national action plan for orphans and vulnerable children that included elements of victim protection and trafficking awareness and prevention. As part of the plan, nearly 200 new child protection officers received training on the recognition of trafficking victims and were placed in districts across the country. In addition, 37 Victim’s Support Units were established, with the mandate to provide protective and support services to exploited children, including trafficking victims. The government’s long-term victim protection strategy targets those in prostitution and those at risk of prostitution, particularly children…In 2004, the government formed an inter-ministerial anti-trafficking committee that meets regularly and which has begun developing a national anti-trafficking action plan.” [4b] (Section V)

6.66 On 24 August 2005, IRINnews.org reported that a fine of Kwacha 24,000 (US $200) imposed on a male Zambian national, caught trying to smuggle 15 boys aged between 9 and 15 across the border into Zambia, was causing outrage in Malawi. The Principal Secretary in the Department of Gender, Child Welfare and Community Services, Adrina Mchiela, described the sentence as “too lenient”:

“‘The current problem is that we don’t have specific penalties for trafficking, except in the case of girls ... we don’t have penalties for young boys,’ she said. People convicted of trafficking girls could face up to 13 years in jail, she added, stressing that there was an urgent need to overhaul the anti-trafficking legislation…Poverty, recurring food shortages brought on by drought, and the HIV/AIDS-driven orphan crisis were contributing to increased trafficking of women and children, Mchiela warned.” [7d]

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FREEDOM OF MOVEMENT

6.67 Article 39 of the Malawi constitution states that “Every person shall have the right of freedom of movement and residence within the borders of Malawi”; every person shall have the right to leave the Republic and to return to it.” [44a]

6.68 The US State Department Report 2004 (USSD) published on 28 February 2005 recorded that the law provided for freedom of movement within the country, foreign travel, emigration and repatriation and the Government generally respected these rights in practice. [4a] (Section 2d)

6.69 The Amnesty International 2005 Malawi Country Report recorded that “In July [2004] the President directed police to round-up women commercial sex-workers. However, the High Court subsequently ruled that the presidential decree was unconstitutional and in breach of the right of freedom of movement, as well as discriminatory on the basis of gender.” [12a]

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6B HUMAN RIGHTS – SPECIFIC GROUPS

ETHNIC GROUPS

6.70 The CIA World Factbook records the following ethnic groups in Malawi: Chewa, Nyanja, Tumbuka, Yao, Lomwe, Sena, Tonga, Ngoni, Ngonde, Asian and European. [2] (p4)

6.71 A US State Department Background Note dated August 2005 stated that:

“Malawi derives its name from the Maravi, a Bantu people who came from the southern Congo about 600 years ago. On reaching the area north of Lake Malawi, the Maravi divided. One branch, the ancestors of the present-day Chewas, moved south to the west bank of the lake. The other, the ancestors of the Nyanjas, moved down the east bank to the southern part of the country…

Migrations and tribal conflicts precluded the formation of a cohesive Malawian society until the turn of the 20th century. In more recent years, ethnic and tribal distinctions have diminished. Regional distinctions and rivalries, however, persist. Despite some clear differences, no significant friction currently exists between tribal groups, and the concept of a Malawian nationality has begun to take hold. Predominately a rural people, Malawians are generally conservative and traditionally nonviolent.

The Chewas constitute 90% of the population of the central region; the Nyanja tribe predominates in the south and the Tumbuka in the north. In addition, significant numbers of the Tongas live in the north; Ngonis–an offshoot of the Zulus who came from South Africa in the early 1800s–live in the lower northern and lower central regions; and the Yao, who are mostly Muslim, live along the southeastern border with Mozambique.” [4d] (p2-3)

6.72 A Freedom House report dated 9 September 2004 recorded that “There are no laws limiting the participation of ethnic minorities in the political process. A citizen of European origin, one of Asian origin, and several citizens of mixed ethnicity are members of the National Assembly. The constitution prohibits discrimination based on language or culture.” [11] (p3)

6.73 The United Nations Development Assistance Framework for the period 2002 to 2006 stated that:

“Various xenophobic remarks have been made about foreigners hijacking vehicles, dominating certain markets and involved in drug trafficking, faking passports and corruption, but there appears to be no evidence of systematic discrimination against minorities by dominant groups (Human Rights and Needs Assessment Survey, 1998). The Asian community in Malawi can be singled out as a significant minority which is increasingly playing a big role in the country’s economy. Although there is no evident discrimination killings and robberies of affluent members of this minority group is [sic] creating a sense of insecurity among them. Many Asians have not opted to return to the rural areas after the ban from trading in the rural areas was lifted in 1994.” [46] (Section 2.2.1.2.vi)

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WOMEN

OVERVIEW

6.74 The Malawi Gender Policy 2000-2005 states that “Since 1993, the Government of Malawi adopted Women in Development (WID) Strategy as a guide to addressing women’s concerns and gender issues in the development process. Despite the WID efforts, gender imbalances still exist in all the sectors. These disparities are equally recognised by the 1995 Malawi Constitution, which enshrines gender equality in the national principles.” [44b] (paragraph 1.2)

6.75 The 2004 Annual Report of the Malawi Human Rights Commission (MHRC) stated that “Section 24 of the Constitution guarantees women the right to full and equal protection by the Law and the right not to be discriminated against on the basis of their gender or marital status.” [23b] (p11)

6.76 The Freedom House report dated 9 September 2004, however, recorded that:

“Despite constitutional guarantees of equal protection, customary practices maintain de facto discrimination against women in education, employment, and business. Traditional rural structures deny women inheritance and property rights, and violence against women is reportedly routine. The Malawi Human Rights Commission issued a report in 2003 charging that a sex-slave trade flourishes in remote areas of the north, with young girls sold by their parents to pay off debts. However, there has been increased attention to domestic violence and a greater effort to improve the rights of widows. Women employees recently won the right to maternity leave.” [11] (p3)

6.77 The US State Department Report 2004 (USSD) published on 28 February 2005 recorded that:

“Under the Constitution, women have the right to full and equal protection by law and may not be discriminated against on the basis of gender or marital status; however, in practice, discrimination against women was pervasive, and women did not have opportunities equal to those available to men. Women had significantly lower levels of literacy, education, formal and nontraditional employment opportunities, and access to resources to increase agricultural productivity. The literacy rate among women between the ages of 15 and 45 was 46 percent; male literacy in the same age group was approximately 79 percent.” [4a] (Section 5)

6.78 The United Nations Development Assistance Framework (UNDAF) for the period 2002 to 2006 stated that:

“Malawi acceded to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), in 1987. Furthermore, the new constitution guarantees equality to women…Progress has also been made in formulating and implementing a gender policy.

In spite of all these efforts, the problem of gender inequality in the country, as evidenced by the Gender-related Development Index (GDI) of 38 per cent, is quite severe compared to international standards. Most women continue to face serious constraints in achieving equality with men including discriminatory laws and practices such as heavy workload, restrictive societal attitude, domestic violence, lack of access to education, weak decision-making position and few economic opportunities. Adult literacy for women is far below that of men. Although efforts have been made to reduce gender disparity in primary school through the introduction of free primary school, the enrolment rate for girls in secondary education is 40% below that of boys. Poverty in Malawi has a gender dimension, with the incidence being higher among women than men. In part, this is due to cultural norms and practices that discriminate against women in terms of access to resources including land and credit. Poverty among women is exacerbated by inequality in paid employment opportunities. On farms, and in a number of rural and urban enterprises, a vast majority of women are lowly paid…

One of the factors contributing to the observed violation of women’s rights is the overall subordinate status of women and failure of the system to respond to gender-related problems. A case in point is the conflict between Malawian customary practices and the Bill of Rights, coupled with low enforcement and the slow pace of legal reforms, adversely affect women.” [46] (Section 2.2.1.2.ii)

6.79 The 2004 MHRC Report stated that most of the complaints registered relating to women’s rights generally overlapped with other categories mentioned in the report, such as child rights, rights to family and marriage and the right to equality. In the rights to family and marriage category, 35 complaints were received in the period under review: “Most of the complaints had to do with negligence, lack of support and maintenance for children by husbands and ex-husbands.” Of these, 13 were resolved, 12 complainants were advised, eight were referred to other authorities and two were still under investigation by the Commission. There were eight complaints received under the right to equality category which, at the end of 2004, were still under investigation. [23b] (p10-11)

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LEGAL PROVISIONS

6.80 A UNAIDS Fact Sheet dated August 2004 stated that:

“The Constitution provides women and men with equal rights, including the right to own and inherit land. However, many barriers exist; these include women’s ignorance of the law, the complex nature of land administration, and stigma and discrimination at the community level, against women who have laid claims to land.

High rates of mortality have left many women widowed. Women are often victims of discriminatory practices in which their land and property are seized by their in-laws.

Malawi has established a Special Law Commission on Gender, which included reviewing the Wills and Inheritance Act (1937) to protect women from property grabbing.” [41]

6.81 The USSD 2004 Report recorded that:

“Women often had less access to legal and financial assistance, and wives often were victims of discriminatory and illegal inheritance practices in which the majority of the estate was taken by the deceased husband’s family. Women usually were at a disadvantage in marriage, family, and property rights; however, awareness of women’s legal rights continued to increase, and women began to speak out against abuse and discrimination. Households headed by women were represented disproportionately in the lowest quarter of income distribution; 52 percent of the country’s full-time farmers were women. Women typically worked more hours than men to complete the same farm tasks because they rarely had comparable tools and equipment, and they remained responsible for all household tasks. Women also had limited access to agricultural extension services, training, and credit. Gender training for agricultural extension workers and the gradual introduction of rural credit programs for women have increased; however, few women participated in the limited formal labor market, where they constituted less than 5 percent of managerial and administrative staff.” [4a] (Section 5)

6.82 The USSD 2004 Report also stated that:

“The law provides for a minimum level of child support, widows’ rights, and the right to maternity leave; however, only individuals who utilized the formal legal system benefited from these legal protections. The Government addressed women’s concerns through the Ministry of Gender, Child Welfare, and Community Services. The President appointed a well-respected woman with a long history of successful social advocacy and program management to head this ministry. Women’s issues, including gender balance in political representation, were central in the May elections.” [4a] (Section 5)

6.83 An update from the Africa Institute of South Africa on the 2004 elections dated 25 June 2004 stated that, in the May 2004 parliamentary elections, 154 (12%) of the 1258 candidates were women. “Of the 188 MPs elected, 27, representing 14% are women. Although the number of women MPs has gone up by 11 from the previous parliament, this is still far below the SADC [South African Development Community] requirement of a minimum of 30% women representation in parliament.” [51]

6.84 The USSD 2004 Report stated that:

“While prostitution is not illegal per se, living off the wages earned through prostitution, owning a brothel, or forcing another person into prostitution are illegal. In March, based on a presidential directive, authorities began a campaign to combat prostitution. Dozens of suspected prostitutes and some of their clients were detained and appeared before the courts. Some of those detained were convicted and assessed small fines, while others were found guilty of lesser violations or released with a warning. Civil society and women’s advocacy groups protested the move as a violation of constitutional rights and as discriminatory to women, and NGOs offered the detainees pro bono legal services. A High Court Justice suspended the directive and no further action was taken.” [4a] (Section 5)

(See also Malawi Human Rights Commission for information on the work of the MHRC in this area)

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VIOLENCE AGAINST WOMEN

6.85 A UNAIDS Fact Sheet dated August 2004 stated that:

“Violence increases women’s vulnerability to HIV transmission. Violence against women, especially wife beating and rape, is widespread in Malawi. 36% of married women believe husbands have the right to beat them. The shortage of shelters or facilities for abused women, combined with their economic dependence on men, contributes to women remaining in violent relationships. Married women who have been raped by their spouses have the full protection of the law as marital rape is a criminal offence. The establishment of shelters and one-stop centres for survivors of rape, defilement and domestic violence that offer comprehensive legal, medical and social support to women and girls is a priority.” [41]

6.86 The USSD 2004 Report recorded that “Domestic violence, especially wife beating, was common, and women seldom discussed the problem openly; however, the press published frequent accounts of rape and abuse, and the judiciary continued to impose heavier penalties on those convicted of rape. Police regularly investigated cases of rape and sexual assault but did not normally intervene in domestic disputes.” [4a] (Section 5)

6.87 A March 2004 survey by the Centre for Human Rights and Rehabilitation (CHRR) identified wife battering as the most common act of gender–based violence (29.2 per cent of responses), followed by rape (22 per cent of responses). The survey also found a lack of willingness on the part of the victims to report such violence, with many victims secretly tolerating their traumas for years: “It is only when for instance, a serious injury or pregnancy has occurred or where they are caught red handed in the act that the matter is ever brought to light.” The survey found that the few reported cases were mainly reported to the head of the village who then referred cases they could not handle to the police. In general, however, most cases of gender-based violence were dealt with within the family with the aim of reconciliation and no penalties for the perpetrator. According to the survey, when they marry women are taught that family issues must not be publicised and the three main reasons given by women for not reporting problems were fear of tarnishing the family name; perception of the problem as a family issue and fear of reprisals. [47d] (p 39-40)

6.88 The United Nations Development Assistance Framework (UNDAF) for the period 2002 to 2006 stated that “The law of evidence and penal code also make it difficult to convict those accused of violence against women or impose heavy sentence on the convicted. In addition, there are only 25 crisis centres in the country that deal with female victims, 10 in police stations and 15 under NGOs. The capacity of both the police and NGO centres to curb gender-related violence is inadequate.” [46] (Section 2.2.1.2.ii)

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FEMALE GENITAL MUTILATION (FGM)

6.89 The USSD 2004 Report recorded that “The law does not specifically prohibit female genital mutilation (FGM), and there were anecdotal reports that a few small ethnic groups practiced it…FGM was performed in rare cases on girls.” [4a] (Section 5)

6.90 On 25 August 2005, The Chronicle Newspaper reported that:

“Female Genital Mutilation (FGM) is not something that is common in Malawi and therefore not often acknowledged. Yet there is a form of genital mutilation taking place that is mostly practiced by women and since it is not referred to as FGM, is acceptable to many. The traditional practice can be described as a form of mutilation because it is the removal, using a razor blade of some kind of growths (mauka) that have developed on the female genitalia. According to Mai Seventini, a very popular Traditional Healer in Chitipi, these growths are quite common amongst women although men can develop them as well…Most people will opt to have these removed surgically by a traditional healer in the village…Apart from other possible side effects of such surgery and the possible lack of sterile conditions of the place used to carry out the cutting, there is the risk of women becoming infected with HIV during the removal of these growths.” [28b]

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VULNERABILITY TO HIV/AIDS

6.91 A World Health Organisation (WHO) summary dated June 2005 stated that:

“Young people 13–24 years old are particularly vulnerable to HIV, especially girls… In a mature epidemic such as that in Malawi, 20%–40% more women are infected than men… Generally, women lack complete control over their lives and are taught from early childhood to be obedient and submissive to males, especially males who command power such as a father, uncle, husband, elder brother, or guardian. In sexual relations, a woman is expected to please her male partner, even at the expense of her own pleasure and well-being. Dominance of male interests and women’s inability to be self-assertive puts them at risk.” [42] (Section 3)

6.92 The UNDAF report for the period 2002 to 2006 stated that women were denied their reproductive rights and had no control over their own fertility: “Coupled with increased incidence of forced sex and rape, the lack of control by women on their fertility, increases their risk to contracting HIV infections and maternal mortality.” [46] (Section 2.2.1.2ii)

CULTURAL PRACTICES

6.93 The CHRR Report covering the period 1 January 2003 to 31 October 2004 noted a number of persisting cultural practices affecting girls:

“For instance, a number of NGOs and UNICEF have pointed out cases of young girls as young as 13 years who have been forced to marry or become pregnant due to some traditional cultural beliefs in areas such as Salima, Nkhotakota and Mangochi. The problem of premature marriages, apart from infringing the rights of the girl child, has been cited as contributing to the high maternal deaths at 104 per 1000 births according to our National Statistical Office. Some parents have also been reported to offer children for marriage to older wealthy men. This practice is widespread in Karonga district where it is known as Kupimbira (preaaranged [sic] marriage; where the man identifies a young girl and eventually marries her at any time convenient to him). It is clear that these marriages are a violation of the rights of the child since the girls involved are minors and the so-called marriages are forced on them.” [47a] (Section 2)

6.94 On 14 December 2005, BBC News reported that:

“The government of Malawi is considering raising the legal age of marriage in the country to 18 as a result of a growing number of cases of young girls being forced to marry much older men. The legal age of marriage in the country is currently 15, but many men are illegally marrying girls as young as 11 or 12. As a result, the average age of marriage in Malawi is among the world’s lowest, while the percentage of teenage mothers is among the world’s highest. Maxwell Matewere, executive director of The Eye Of The Child organisation which fights for children’s rights in Malawi, told BBC World Service’s Outlook programme that the issue was forcing the country to question itself. ‘We strongly believe that the incidents of children being forced into marriage are growing by the day - but for people to report this is a taboo,’ he explained… Last year, Malawi’s government trained 230 volunteers in ways to protect children, and began efforts to more vigorously enforce the legal minimum age for marriage.” [19k]

6.95 The CHRR Report also noted other customary practices, especially in rural areas:

“These practices include those of wife and husband inheritance that have been condemned by a chief in Karonga. These practices vary with regions and villages. They are known in different names such as kulowa kufa, Kusasa fumbi, and chokolo. These practices particularly disadvantage women because they also lead to dispossession of property of those who refuse to be involved in such practices. During initiation ceremonies, young girls are also made to engage in sexual acts with older men a practice known as fisi in the central and southern region. It should be noted that, in looking at the human rights violations brought about by these traditional practices, the role of customary chiefs is important as they are custodians of the culture and they normally preside over these ceremonies. Human rights organizations as well as those fighting against HIV/AIDS and the government have throughout 2003/04, launched a very relentless campaign to reverse these practices with mixed results. A number of chiefs have come out openly to condemn them but at the same time reports of their persistence in the villages are rampant. Further, there is no clear legislation to put an end to these practices and to punish those who are found perpetrating them.” [47a] (Section 2)

(See also Section 5: Medical Services, paragraph 5.50 for information on maternal mortality)

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CHILDREN

6.96 The US State Department Report 2004 (USSD) published on 28 February 2005 recorded that:

“More than half of the country’s children lived in poverty, mostly in rural areas. Children in rural households headed by women were among the poorest. Only one-third of children had ready access to safe drinking water, infant mortality was high, and child malnutrition was a serious problem. A few charitable organizations attempted to reduce the number of child beggars in urban areas; however, the problem of street children worsened as the number of orphans whose parents died from HIV/AIDS increased. Extended family members normally cared for such children and other orphans.” [4a] (Section 5)

6.97 The WHO summary dated June 2005 stated that “The cumulative number of orphans and vulnerable children directly related to the AIDS epidemic is about 700,000.” [42] (Section 3) A UNICEF news note dated 20 September 2005 recorded that “Some 400,000 children under age 15 have been orphaned by HIV/AIDS; many of them are now cared for by relatives who are already under economic hardship.” [24]

6.98 On 21 June 2005, IRIN News reported that:

“Malawi has launched a comprehensive welfare plan to mitigate the impact of poverty and HIV/AIDS on its estimated one million orphans. The National Plan of Action (NPA) for Orphans and Vulnerable Children (OVC), launched by President wa Mutharika last Thursday, provides a common platform for the government, NGOs and donors to address the myriad problems facing children…According to UNICEF, the number of OVC is likely to increase by 50 percent by 2010…Observers have noted that Malawi has a number of policy documents aimed at improving child welfare, but there is a serious lack of implementation.” [7h]

(See also Child Care Arrangements)

6.99 The USSD 2004 Report stated that:

“The Constitution provides for equal treatment of children under the law, and during the year, the Government continued a high level of spending on children’s health and welfare…In March [2004], the Government took steps to respond to a UNICEF study that showed a number of girls entered into sexual relationships with teachers for money, became pregnant, and subsequently left school. The study also found that many girls left school because of violent behavior by some teachers. In response, the Government expanded legal protection of students subjected to exploitation and inappropriate relationships at school…There were societal patterns of abuse of children. Kupimbira, a societal practice that allows a poor family to take out a loan for cattle or money in exchange for their daughter, regardless of age, has re-emerged over the last few years, according to press reports.” [4a] (Section 5)

(See also Cultural practices for more information on practices involving girls)

6.100 The USSD 2004 Report further noted that “During the year, the Government worked with UNICEF, international donors, and various NGOs to create and implement a Child Justice Act to ensure juveniles suitable access to the justice system. In July [2004], a court dedicated to children’s issues was established in Blantyre. The Ministry of Home Affairs, in conjunction with UNICEF, worked to establish 37 victim’s support units nationwide.” [4a] (Section 5)

6.101 Other problems noted by the USSD 2004 Report were the trafficking of children for sexual purposes, child labour, including instances of forced child labour, child prostitution and rare cases of FGM on girls. [4a] (Section 5)

(See also Female Genital Mutilation)

6.102 The 2004 Annual Report by the Malawi Human Rights Commission stated that “The Commission received fifty (50) cases alleging violations of the rights of the child. Seventeen (17) cases were resolved after thorough investigations, seven (7) were referred to other authorities, for example the Department of Social Welfare in the Ministry of Gender and Child Welfare while six (6) complainants were advised to seek redress by other means, like interventions by family relations. Investigations were still underway in the other twenty (20) complaints at the close of 2004.” [23b] (p9-10)

6.103 A UNICEF news note dated 20 September 2005 stated that

“Children in Malawi continue to face high levels of vulnerability…The preliminary results from the Malawi Demographic and Health Survey show a very poor nutritional status of children. Some 48 percent of children under five in Malawi are stunted; five percent are wasted or severely malnourished and 22 percent are underweight or malnourished.

Children’s nutritional status in 2004 was found to be virtually identical to the status in 1992 and 2000, indicating that there has been no improvement in the nutritional status of children under five since 1992. The situation is aggravated by the impact of AIDS. One in three severely malnourished and two in five malnourished children in paediatric wards are HIV-positive.” [24]

6.104 A United Nations World Food Programme news release dated 13 October 2005 stated that “The number of malnourished children under the age of five arriving in Nutrition Rehabilitation Units (NRUs) across Malawi is increasing. In August [2005], the NRU admission rate rose by 29 percent across the country as compared to the same period in 2004.” [38b] (p3)

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CHILD LABOUR

6.105 In July 2004, the Child Rights Information & Documentation Centre (CRIDOC) reported that:

“Despite having ratified all of the eight ILO conventions on core labour standards, and the ILO Convention 182 on the Worst Forms of Child Labour, the situation in the country for the hundreds of thousands of child labourers remains unabated. Current trends, however, show a considerable improvement of attitude among employers, media interest in the issue and an increased general awareness among various sectors of the society.

The UN Children’s fund (UNICEF) officials have expressed great optimism that in spite of the current increased rates of child labour in Malawi, especially domestic child labour, the situation is expected to be considerably put under control if current coordinated efforts among Civil Society Organisations, relevant government institutions and line ministries, the general public and the media are sustained.” [25b]

6.106 The Malawi Demographic and Health Survey 2004 found that eight per cent of children age 5 to 14 worked for persons who were not members of their household. The report stated that:

“About four in ten of these children work without pay. One in three children work in the family business or on the family farm. Among children who help around the house with household chores, 68 percent of children do these chores for an average of less than 4 hours per day and 2 percent work for 4 or more hours per day. As a summary measure, 37 percent of children work either for the family business or farm, or work for a non-relative (paid or unpaid), or spend 4 or more hours a day doing household chores. Overall, older children and children in rural areas are more likely to be working. Girls are more likely than boys to do domestic work.” [52b] (p5)

(See also Employment rights for further details of child labour)

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TRADITIONAL CUSTOMS

6.107 On 24 August 2005, IRINnews.org reported that:

“A 2003 MHRC [Malawi Human Rights Commission] report said hunger was responsible for the re-emergence of the custom of forcing young daughters in the family into relationships with older men in order to pay off debts or secure loans. The study noted that the practice of ‘kupimbira’ – which allows a poor family to approach a rich man for a loan of cattle or money in exchange for their daughter, regardless of her age – ‘has resurfaced over the past two years or so, due to the devastating hunger that has ravaged the areas” in the north of Malawi.’ [7d]

6.108 An earlier IRIN News article, dated 28 July 2003, stated that “The kupimbira practice was ‘popular’ among the Nyakyusa and Ngonde peoples in the remote north bordering Tanzania and Mozambique. Church groups were conducting education and awareness campaigns to prevent the continuation of ‘this gruesome practice which enslaves young girls to elderly men against their will’.” [7e]

6.109 The USSD 2004 Report also noted that there were societal patterns of abuse of children, including kupimbira. Furthermore:

“The media also reported on the sexual abuse of children, especially in relation to traditional practices of initiation, though anecdotal evidence indicated these practices were becoming less common. While rites to initiate girls into their future adult roles still were secret, information suggested that abusive practices were widespread and very damaging…The belief that children were unlikely to be HIV positive and the widespread belief that sexual intercourse with virgins can cleanse an individual of sexually transmitted diseases, including HIV/AIDS, contributed to the sexual exploitation of minors.” [4a] (Section 5)

6.110 The IRIN News article dated 28 July 2003 also referred to the 2003 MHRC report and noted that the custom of ‘kuhaha/kuhara’ was among those being practiced but not spoken of openly: “‘This is when a man admires a small girl and arranges with her parents to take care of her until she is mature enough to marry him. The suitor provides the girl’s necessities, including school fees. But the man has the right to stop her schooling whenever he feels like it. Even before puberty the man has the right to take her as a wife. The girl cannot refuse such an arrangement because her parents will have already taken the dowry,’ the report explained.” [7e]

(See also Section 5: Educational system and Section 6: Employment rights)

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CHILD CARE ARRANGEMENTS

6.111 The July 2004 newsletter from the Child Rights Information and Documentation Centre (CRIDOC) advised that “In Malawi just like in most sub-Saharan African countries, children have resorted into street life and engaged in hazardous work after the death of a single or both parents. The violence they experience in their guardians’ homes, discrimination in their communities and lack of knowledge of their rights can be some of the reasons attributed to taking such unfortunate, painful and hard-to-reach decisions.” The newsletter noted that in Malawi no clear solution seems to be in place to avert this problem but some orphan care groups have tried to offer a positive answer. One of these is the Tilerane Orphan Care Centre in the capital, Lilongwe, which helped approximately 1,400 children between the ages of 2 months to 18 years. [25a]

6.112 A 2004 Southern African AIDS Trust (SAT) Malawi Country Profile noted a number of organisations working in the country to help orphans and other children affected by HIV/AIDS. [26]

6.113 On 3 July 2005, The Chronicle newspaper reported the Malawi Government as saying that it planned to close down orphanages which did not meet the basic requirements of international standards of looking after orphans. According to the Director of Social Welfare Services in the Ministry of Gender and Child Welfare, Penston Kilembe, the Government had deployed people to assess the conditions in all orphanages:

“Kilembe said his ministry is going to deal seriously with all those who have not met the required standards of operating an orphanage. He said plans are underway to relocate all those children whose orphanages will be closed to other orphanages and also to open up drop-in centers.” A Lilongwe woman who operated an orphanage said that the plans to close orphanages would cause congestion in the remaining ones. “She said although some of the orphanages operate in dilapidated buildings, with the little they have, [they] still look after and help orphans as their own children…Currently there are 12 accredited orphanages recognized by the government in the country.” [28c]

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HOMOSEXUALS

6.114 The International Lesbian and Gay Association (ILGA) World Legal Survey, last updated on 31 July 2000, stated that “Section 153 Penal Code, which prohibits ‘unnatural offences’, and Section 156 concerning ‘public decency’, are used to punish homosexual acts. It is reported that, in the past, Europeans who committed homosexual acts with Malawis [sic] were prosecuted under Article 156 and expelled as undesirable aliens.” [30]

6.115 The US State Department Report 2004 (USSD) recorded that “Homosexuality is illegal, although there were no prosecutions for homosexuality during the year. In previous years, this law was used to strengthen cases against men accused of molesting young boys.” [4a] (Section 5)

6.116 On 28 January 2005, Behind the Mask, a website on gay and lesbian affairs in Africa, carried an article from the Daily News which stated that:

“Malawi Human Rights Resources Centre (MHRRC) has proposed to [the] Malawi Law Commission to legalise homosexuality in the country, currently an offence under the penal code…The Centre’s Communications Officer John Soso Phiri confirmed in an interview yesterday that his organisation made the proposal in order to open public debate on the rights of gays and lesbians…He said being an offence punished by law, homosexuals fear to come out in an [sic] open…Homosexuality in Malawi is a taboo and rarely discussed. The controversial proposal is likely to received [sic] heavy criticisms from the wide section of the society, especially the church.” [29]

6.117 On 4 August 2005, Nation Online reported that:

“Pastors in Blantyre have advised Parliament not to waste tax payers money and time discussing legalising homosexuality as it is a useless act. The statement was made on Thursday during a homosexuality debate organised by Blantyre Pastors Fraternity which is under the Evangelical Association of Malawi. All the participants in the debate condemned homosexuality, saying it is a wicked act that contravenes the Bible teaching and the country’s culture. Chairman of the fraternity, Reverend Vincent Chirwa said although homosexuality is outlawed, Malawians have to accept the fact that it is being practised secretly and be able to speak against it. He added that the argument that homosexuality is a generic make-up is just there to advance the belief that homosexuality is proper. ‘The issue should be about our culture and not the generic make-up as scientists say. As the church we are saying no to legalising homosexuality because it is against our culture and bible teaching,’ said Chirwa.” [21g]

6.118 BBC News reported on 2 December 2005 that “African Anglican bishops have blocked the appointment of a “pro-gay” bishop in Malawi. Liberal British vicar, Rev Nicholas Henderson, was rejected for his support for gay rights, the Anglican Church of Central Africa said in a statement. He was bishop-elect of the Lake Malawi diocese, but his association with the theologically liberal Modern Church People’s Union (MCU) made him “unsuitable”. The Anglican Church in Africa takes a conservative view of homosexuality.” The article reported Archbishop Bernard Malango, who leads the Anglican Church in central Africa, as saying that the bishops felt Rev Henderson’s involvement with the MCU was a problem. The Archbishop explained that African culture does not approve of same-sex relationships. [19j]

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6C HUMAN RIGHTS – OTHER ISSUES

CORRUPTION

6.119 The US State Department (USSD) 2004 Report stated that corruption was widespread in Malawi. [4a] (Section 1d) The 2004 report by Transparency International stated that:

“Corruption in Malawi exists both formally and informally. There are three major types of corruption in the country namely political corruption, petty corruption and grand corruption. The formal existence and official recognition of corruption in the country are easy to observe. The establishment of the Anti-Corruption Bureau (ACB), the Director of Public Prosecutions (DPP) and the pursuance of anti-corruption policies by government is an acknowledgement that corruption exists in Malawi. However, in a country where some forms of corruption have almost become accepted as a normal way of life, corruption is difficult to identify and combat since some of its modes are not legally recognized.

Moral shortfalls in the standards of leadership and lack of integrity among many leaders in both the private and the public sector, lack of ethical codes, low salaries, misunderstanding social and political change, tribalism and regionalism, weak legal regimes, weak financial controls, weak institutions of governance, the weak state, monopoly power, patronage and poverty have been the main causes of corruption in Malawi. The effects of corruption in the country include investor and capital flight, economic inequalities, poverty, inefficiency, unemployment, donor fatigue, social decay, poverty, social violence, bad governance and private sector decline.” [34a] (Executive summary p8)

6.120 The TI report also stated that:

“The British Government is one of the key donors supporting anti-corruption initiatives in the country. Among other things, the British Government is funding the Police Reform Program with the intention of breaking the one party authoritarian culture in the highly centralized Police Forces and to bring them in line with the tenets of liberal democracy and good governance. These reforms include the fight against corrupt practices in the Police Forces. The British Government is also the chief donor to the Anti-Corruption Bureau (ACB) and other similar agencies working on governance issues in the country.” [34a] (p64)

The Transparency International 2004 Report contains a significant amount of information on corruption in Malawi and source [34a] should be referred to directly for more detailed information.

(See also Section 5: Anti-Corruption Bureau)

6.121 A DFID Country Profile, updated on 24 October 2005, stated that “The Government under Bingu wa Mutharika elected in May 2004 is committed to a more disciplined, less corrupt and more growth-orientated approach to development. Malawi is back on track with the IMF [International Monetary Fund] and donor budget support has resumed…The Government has a no-tolerance approach to corruption that has present and past ministers and senior civil servants prosecuted.” [6d] (p1 & p3)

6.122 IRIN News reported on 27 September 2005 that:

“The US Millennium Challenge Corporation (MCC) and the Malawi government have announced the launch of a US $20.92 million programme aimed at fighting corruption and spurring long-term economic growth and development in the southern African country...The plan had 14 steps, which included preventing corruption and improving fiscal oversight; encouraging a free and fair press to report on transparency and corruption; and strengthening the legal system - from police to courts - to enable it to identify, confront and prosecute corruption cases…

Malawian political analyst Boniface Dulani described the US assistance as a ‘much-needed cash injection’ for a battle-weary [President] Mutharika, ‘whose priority has shifted somewhat from [fighting] corruption to fighting for his survival, as he is possibly facing impeachment’…

‘The president’s momentum to fight corruption has fizzled out a bit since he took office last year’, noted Dulani. Mutharika’s campaign against corruption was revived earlier this month, when he fired a minister from his cabinet reportedly to pave the way for an Anti-Corruption Bureau investigation into allegations that he had bought a luxury car with World Bank funds.” [7g]

6.123 The Transparency International (TI) Corruptions Perceptions Index 2005, published 18 October 2005, rated Malawi 97th out of 159 nations. [34b] The Southern African Legal Assistance Network (SALAN) stated on 7 November 2005 that Malawi had slipped seven steps from 90th in the TI 2004 Index. SALAN also reported the Deputy Information Minister John Bande and the Institute for Policy Interaction Executive Director, Rajiq Hajat, as agreeing that the slippage was due to outstanding issues regarding corruption. The report also stated that “Human Rights Consultative Committee Executive Director Rodgers Newa said President Bingu wa Mutharika’s administration should be given a chance. He observed that the Mutharika administration has not recovered from the corrupt practices of the 10 years of the reign of his predecessor Bakili Muluzi which was involved in high level corruption.” [43]

6.124 The CIA World Fact Book, updated on 1 November 2005, stated that President Mutharika’s anti-corruption efforts had led to several high-level arrests but no convictions. [2] (p2)
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HUMANITARIAN SITUATION

6.125 The United Nations Development Programme’s Human Development Report for 2004 ranked Malawi 165 out of 177 countries. [48] (p142) The Centre for Human Rights and Rehabilitation (CHRR) 2003-2004 Report stated that poverty was an overwhelming problem and was closely linked to issues of human rights denial and violations: “Poverty is widespread, deep and severe, resulting in 65.3% of the population living below the poverty line.” The CHRR report also stated that in addition to high poverty levels, Malawi has a high illiteracy rate of 38% and one of the lowest health indicators in Africa: “The life expectancy age is at 38 years. The HIV/AIDS pandemic has had an impact on survival prospects of many Malawians.” [47a] (Section 1)

6.126 On 30 September 2005, the World Food Programme (WFP) issued a warning that at least five million people in Malawi may require international assistance due to sharp rises in malnutrition rates and maize prices three months earlier than the traditional lean season. The WFP press release also noted that: “Data compiled by Malawi’s Health Ministry show that more than 1,000 acutely malnourished children were admitted to hospitals across the country in August, compared to 775 children in the same month last year. In 76 nutrition rehabilitation units in the northern, central and southern regions, the number of admissions rose 15 percent, 41 percent, and 24 percent respectively in August this year compared with last August.” [38a]

6.127 In a news release dated 15 September 2005, the World Bank stated that an International Development Association (IDA) grant of US$30 million had been approved that day to support emergency recovery activities in Malawi. The World Bank noted that:

“Malawi is one of the countries in Southern Africa most affected by drought this year [2005], and its agricultural production has fallen by 7 percent compared to the previous year. The maize crop for 2005 has been hit especially hard and is estimated to be almost 30 percent lower compared to last year, itself a shortage year, resulting in the worst maize season in ten years. The failure of the maize crop is of particular concern for food security as maize is the main staple food in the country…The World Bank has been monitoring the situation in Malawi since February 2005 and gearing up additional support since May. The Bank is mobilizing $53 million in new IDA resources and reallocating existing operations to address both the immediate food shortage and to help restore production levels for next year…Even with normal rainfall, Malawi has large pockets of chronic food insecurity, and needs a new approach to address chronic and persistent hunger. The Bank is supporting the Government in designing a comprehensive rural development strategy that would include rural infrastructure, supply side investment in agro-business including private and cooperative farm input suppliers, soil and water conservation investments, irrigation rehabilitation, rehabilitated agricultural extension and rural financial services.” [37b]

6.128 A WFP press release dated 13 October 2005 stated that in Malawi the WFP needed US$76 million to feed up to 2.9 million people before the next harvest in April/May 2006. The WFP noted that “So far, the biggest single donor to WFP in Malawi is the Government, which received significant support from Britain and the European Commission. However, no new contributions have been received since September 22.” [38b] (p2)

6.129 The same WFP press release also stated that:

“The food shortage in Malawi is caused by a combination of problems that include:

 the poorest maize harvest since 1994
 erratic weather
 shortages of seeds and fertilisers at the critical planting time
 high prices for available food
 chronic poverty (at least 60 percent of Malawians live below the poverty line)
 the impact of HIV/AIDS on agriculture
 over reliance on rain-fed crops, particularly maize
 the fact that only two percent of arable land is irrigated and most of this is linked to commercial farms for sugar cane, tobacco, and tea.” [38b] (p3-4)

6.130 The WFP press release also noted that “HIV/AIDS is a major factor in limiting people’s ability to grow food. Many families are forced to spend meagre resources on medicine or funerals for those affected by the virus, leaving nothing to buy seeds and fertiliser at the most critical planting time.” [38b] (p3-4)

6.131 On 18 October 2005, IRIN News reported that:

“The UN Children’s Fund (UNICEF) has revised its appeal for Malawi to meet the needs of those caught in the worst humanitarian crisis the country has experienced in a decade. The rate of severe malnutrition among children under five had risen ‘alarmingly’, UNICEF said. It has revised upwards its earlier appeal for US $2.5 million to $13 million, of which $9 million will go to fund nutritional programmes.

Humanitarian agencies initially expected the crisis to peak in the lean season between December and March, but there have been indications that the crisis may already be surpassing worst-case scenarios in some areas, particularly in the south. This has forced many agencies to review their plans in order to address the rapidly deteriorating situation.

Aid officials told IRIN they would be meeting with the government to discuss revisions to the UN’s $88 million Flash Appeal for Malawi, after President Bingu wa Mutharika declared a state of disaster in the country at the weekend…Over 1,000 children with severe acute malnutrition were receiving therapeutic feeding at nutritional rehabilitation units, and the number of monthly admissions was expected to increase to 3,500 as more of the country’s estimated 46,000 severely malnourished children began to seek treatment. A further 92,000 moderately malnourished children could become severely malnourished if they do not receive urgent assistance.” [7j]

6.132 On 7 November 2005, IRIN News reported that, according to political analysts, the current political crisis involving the attempted impeachment of President Mutharika was diverting attention from Malawi’s food crisis. The report noted that “‘Parliament has spent 56 million Kwacha [more than US $450,000] of taxpayers’ money [on the impeachment proceedings]. This money, which has been wasted, could have been used to pay for social services for the poor; it could have been used to buy maize and fertiliser - there is nothing that has come out of it,’ said Mabvuto Bamusi, executive director of the Malawi Economic Justice Network, an NGO umbrella body.” [7l]

6.133 On 14 November 2005, BBC News reported President Mutharika as saying that he knew of food aid convoys which had been ambushed and he warned prospective looters that the convoys were being protected by soldiers with orders to shoot. The news report also stated that “Mr Mutharika said his government had uncovered a plot by his detractors to ambush trucks ferrying maize so that they could accuse him of failing to contain the food crisis.” [19i]

6.134 IRIN News reported on 7 December 2005 that:

“Two youths were shot and wounded when a guard fired on a crowd fighting for government-subsidised maize in Malawi’s drought-hit southern Nsanje district… Police spokesperson Willie Mwaluka told IRIN that the incident occurred late on Tuesday outside an Agricultural Development and Marketing Corporation (ADMARC) depot, when a crowd tried to force their way into the depot to buy subsidised maize. An ADMARC guard attempted to disperse the crowd by firing above their heads, but instead shot and seriously wounded Sanga Ndakupiza, 13, and Kenson Nyelezeka, 20. Contrary to earlier reports, Mwaluka noted that ‘these people were not shot by the police’.

Analyst Rafiq Hajat, executive director of the Blantyre-based Institute for Policy Interaction, told IRIN the incident was indicative of the level of desperation among some communities affected by food shortages. The food crisis in Malawi has surpassed previous worst-case scenarios, with more than 4.7 million people in need of assistance until March 2006.” [7n]

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INTERNATIONAL AID

6.135 The World Bank Group Country Brief, updated in September 2005, recorded that:

“Overall development assistance to Malawi totals about $400 million per year, excluding debt relief. The European Commission, United Nations and the World Bank are the major multilateral agencies active in Malawi. Britain, Canada, Germany, Japan, the Netherlands, and the United States are the major bilateral donors. Almost all donors are involved in a variety of programs in agriculture, infrastructure, finance, the social sectors, and the environment, with a common aim of reducing poverty. The Poverty Reduction Strategy (PRSP) has contributed to improving donor coordination.” [37a]

6.136 Following attempts by Malawi’s opposition to impeach President Mutharika, IRIN News reported on 28 October 2005 that the donor community had written to Malawian political leaders the day before, voicing their concern over the impeachment proceedings whilst the country was experiencing a “serious and prolonged food crisis.” In response to the donor’s statement, Malawi’s opposition, including members of the UDP, asked donors to keep out of their country’s “internal affairs.” The IRIN report stated that “Donor community opinion is vital to the country’s economy. Political analyst Boniface Dulani pointed out that although Malawi was a sovereign state, ‘financially, it is fair to say the donors do run matters, since they contribute a big chunk of the national budget’. Donors financed 83 percent of Malawi’s 2004/05 development budget.” The IRIN report quoted a member of the diplomatic community as saying that the donor’s letter should not be regarded as a possible threat to continued donor funding. [7i]

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REFUGEES WITHIN MALAWI

6.137 The US State Department Report 2004 (USSD) published on 28 February 2005 recorded that:

“The law provides for the granting of asylum or refugee status in accordance with the 1951 U.N. Convention Relating to the Status of Refugees or its 1967 Protocol, and the Government has established a system for providing protection to refugees. In practice, the Government provided protection against refoulement, the return of persons to a country where they feared persecution…

In August, the Government cooperated with UNHCR in conducting a re-verification exercise to assess the population of refugees and asylum seekers in the country. According to UNHCR, the country hosted approximately 9,100 refugees, primarily from the Democratic Republic of the Congo, Rwanda, and Burundi, at a refugee center in Dowa…The law does not accept refugees for permanent resettlement and does not permit them to work or study; however, while no legal framework existed, the Government routinely allowed refugees to seek both employment and educational opportunities. UNHCR, NGOs, and the Government collaborated to provide children in refugee camps with access to education.The country also provided temporary protection to certain individuals who may not qualify as refugees under the 1951 Convention/1967 Protocol.” [4a] (Section 2d)

6.138 The UNHCR Global Report 2004 noted that the total refugee population in Malawi had decreased from 13,000 to 7,000. The report continued:

“Of these, over 6,000 camp-based refugees received material assistance while another 864 urban refugees received international protection…In 2004 UNHCR continued to lobby the Government to withdraw its reservations to the 1951 Refugee Convention and to adhere to the 1967 Protocol and the 1969 OAU refugee Convention, though with limited success. However, several improvements were noted. The Government continued to allow refugee pupils to enrol in government schools and permitted some refugees to set up business ventures. Refugees were also allowed to move freely in urban centres with the permission of the camp administrator. The formation of an Urban Residence Committee to manage urban residence of refugees was another sign of government willingness to moderate its reservations. For the Rwandan refugees, voluntary repatriation was promoted as a durable solution…

The reopening of Luwani refugee camp gave refugees sufficient land to engage in farming activities. Baseline surveys were conducted, and the refugee and local Malawian communities were sensitized on the short-term benefits that could in time lead to local integration of the refugees. However, the reservations attached to the 1951 Refugee Convention remain an obstacle to long-term local integration.” [36]

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Annex A: Chronology of major events
[19f]

1st century AD: Bantu-speaking tribes invade the region inhabited by Twa and Fulani tribes.

13th -15th centuries: Further migrations of Bantu-speaking people to the area. New settlers work with iron and dominate earlier inhabitants who are considered to be “stone-age”.

1480 Bantu tribes unite several smaller political states to form the Maravi Confederacy which at its height includes large parts of present-day Zambia and Mozambique plus the modern state of Malawi.

17th century: Portuguese explorers arrive from the east coast of present-day Mozambique.

1790-
1860 Slave trade increases dramatically.

1850 Scottish missionary David Livingstone’s exploration of the region paves the way for missionaries, European adventurers and traders.

1878 Livingstonia Central African Mission Company from Scotland begins work to develop a river route into Central Africa to enable trade.

1891 Britain establishes the Nyasaland and District Protectorate.

1893 Name is changed to the British Central African Protectorate. White European settlers are offered land for coffee plantations at very low prices. Tax incentives force Africans to work on these plantations for several months a year, often in difficult conditions.

1907 British Central African Protectorate becomes Nyasaland.

1915 Reverend John Chilembwe leads a revolt against British rule, killing the white managers of a particularly brutal estate and displaying the head of one outside his church. He is shot dead by police within days.

1944 Nationalists establish the Nyasaland African Congress.

1953 23 October: Despite strong opposition from the Nyasaland African Congress and white liberal activists, Britain combines Nyasaland with the Federation of Northern and Southern Rhodesia (now Zambia and Zimbabwe respectively).

1958 Dr Hastings Kamuzu Banda, “the black messiah”, denounces the federation and returns from the US and the UK, where he has been studying, to lead the Nyasaland African Congress.

1959 Violent clashes between the Congress supporters and the colonial authorities lead to the banning of the organisation. Many leaders, including Banda, are arrested and a state of emergency is declared.

Malawi Congress Party is founded as a successor to the Nyasaland African Congress.

1960 Banda is released from Gwelo prison and attends talks in London with the British Government on constitutional reform.

1961 Elections held for a new Legislative Assembly. Banda’s Malawi Congress Party wins 94 per cent of the vote.

1963 Territory is granted self-government as Nyasaland and Banda is appointed prime minister.

INDEPENDENCE

1964 6 July: Nyasaland declares independence as Malawi.

1966 6 July: Banda becomes president of the Republic of Malawi. The constitution establishes a one-party state. Opposition movements are suppressed and their leaders are detained. Foreign governments and organisations raise concerns about human rights.

1971 Banda is voted president-for-life.

1975 Lilongwe replaces Zomba as capital.

1978 First elections since independence. All potential candidates must belong to the Malawi Congress Party and be approved by Banda. He excludes many of them by submitting them to an English test.

1980s Several ministers and politicians are killed or charged with treason. Banda reshuffles his ministers regularly, preventing the emergence of a political rival.

1992 Catholic bishops publicly condemn Banda, sparking demonstrations. Many donor countries suspend aid over Malawi’s human rights record.

1993 President Banda becomes seriously ill.

Voters in a referendum reject the one-party state, paving the way for members of parties other than the Malawi Congress Party to hold office.

Muluzi elected

1994 Presidential and municipal elections: Bakili Muluzi, leader of the United Democratic Front, is elected president. He immediately frees political prisoners and re-establishes freedom of speech.

Banda announces his retirement from politics.

1997 Banda dies in hospital in South Africa where he is being treated for pneumonia.

1999 President Muluzi is re-elected for a second and final five-year term.

2000 World Bank says it will cancel 50% of Malawi’s foreign debt.

2002 Drought causes crops to fail across southern Africa. Government is accused of worsening crisis through mismanagement and corruption, including selling off national grain reserves before drought struck.

2002 September: Railway line linking central Malawi and Mozambican port of Nacala reopens after almost 20 years, giving access to Indian Ocean coast.

2004 May: Government says it will provide anti-viral drugs to AIDS sufferers free of charge.

Bingu wa Mutharika, ruling party candidate, declared presidential election winner. Observers and opposition are critical of conduct of poll.

2005 January: Three ruling party officials are charged with treason after carrying guns to a meeting with President Mutharika. The president later pardons the trio.

2005 February: President Mutharika resigns from the ruling party over what he says is its hostility to his anti-corruption campaign.

2005 June: President Mutharika survives an impeachment motion backed by the United Democratic Front (UDF). The speaker of parliament dies after collapsing during angry exchanges over the motion.

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Annex B: Political organisations and other groups

POLITICAL ORGANISATIONS
(Source: Europa World Online [1b])

Alliance for Democracy (AFORD)
Founded 1992; in March 1993 absorbed membership of former Malawi Freedom Movement. President: Chakufwa Chihana; First Vice-President: Kalundi Chirwa; Secretary-General: Wallace Chiume.

Congress for National Unity (CONU)
Founded 1999; President: Bishop Daniel Kamfosi Nkhumbwa.

Democratic Progressive Party (DPP)
Founded 2005 following Bingu wa Mutharika’s resignation from the UDF.
Leader: Bingu wa Mutharika; Secretary-General: Ken Zikhale Ng’oma (acting).

Malawi Congress Party (MCP)
Founded 1959; sole legal party 1966–93. President: John Tembo.

Malawi Democratic Party (MDP)
President: Kamlepo Kalua.

Malawi Democratic Union (MDU)
President: James Tabuna Disentikuba.

Malawi Forum for Unity and Development (MAFUNDE)
Founded 2002; aims to combat corruption and food shortages. President: George Mnesa.

Movement for Genuine Democratic Change (MGODE)
Founded 2003 by former members of AFORD. President: Sam Kandodo Banda;
Nat. Chair: Greene Lulilo Mwamondwe; Secretary-General: Rogers Nkhwazi.

National Democratic Alliance (NDA)
Founded 2001 by former members of the United Democratic Front (UDF); officially merged with the UDF in June 2004 but maintained independent structure. President: Brown James Mpinganjira; Nat. Chair: James Makhumula Nkhoma.

National Solidarity Movement
Leader: Ngwazi Kazuni Kumwenda.

National Unity Party (NUP)
President: Harry Chiume; Secretary-General: Harry Muyenza.

New Congress for Democracy (NCD)
Founded 2004 by former members of the Malawi Congress Party (MCP). President: Hetherwick Ntaba.

New Dawn for Africa (NDA)
Founded 2003; President: Thom Chiumia.

Pamodzi Freedom Party (PFP)
Founded 2002; President: Rainsford Chigadula Ndiwo.

People’s Progressive Movement (PPM)
Founded 2003 by former members of the UDF. President: Aleke Kadonaphani Banda;
Secretary-General: Knox Varela.

People’s Transformation Party (PETRA)
Founded 2002; President: Kamuzu Chibambo.

Republican Party (RP)
Founded 2004.

Social Democratic Party (SDP)
President: Ison Kakome.

United Democratic Front (UDF)
Founded 1992; officially merged with the NDA in June 2004 but maintained independent structure. Chair: Dr Bakili Muluzi; Secretary-General: Kennedy Makwangwala.

United Front for Multi-party Democracy (UFMD)
Founded 1992 by three exiled political groups: the Socialist League of Malawi, the Malawi Freedom Party and the Malawi Democratic Union. President: Edmond Jika.

United Party (UP)
Founded 1997.

OTHER GROUPS

Malawi National Youth Dialogue (MNYD)
Described by The Chronicle newspaper on 23 June 2005 as an advocacy group for young Malawians, the group has called for more police accountability, particularly following the deaths of two young people in June 2004. [28a]

Malawi Young Pioneers
In an article dated 2 April 2004, the South African Institute of International Affairs (SAIIA) stated that the Malawi Young Pioneers (MYP), established in 1963, were a youth paramilitary group, infamous for political violence under the late dictator, Kamuzu Hastings Banda and his Malawi Congress Party. [49] Europa 2005 records that the MYP were disarmed by January 1994 although several thousand members took refuge in Mozambique. [1a] (p674)

Movement for the Restoration of Democracy in Malawi
Founded 1996; is based in Mozambique and consists of former Malawi Young Pioneers; it conducts occasional acts of insurgency. [1b]

Young Democrats
In an article dated 2 April 2004, the South African Institute of International Affairs (SAIIA) described the Young Democrats as “the militant youth wing of the ruling United Democratic Front.” The SAIIA article stated that “The UDF party constitution does not define the Young Democrats’ role. It merely states that the duties of the national director of youth affairs shall include ‘coordinating the activities of the youth, mobilising the youth for the purposes of strengthening the party and looking after the affairs of the youth.’” According to human rights and political commentators, the Young Democrats were responsible for atrocities and violence under the previous Muluzi regime and they have been likened to the Malawi Young Pioneers. [49]

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Annex C: Prominent people

Gwanda Chakuamba
Founder [35a] and former leader of the Republican Party (RP) [1b] He came third in the May 2004 presidential election with 25.72 per cent of the vote. [1a] (p689) The People’s Daily Online stated on 8 October 2005 that Mr Chakuamba is renowned for moving from one political party to another. After being sacked from the Cabinet by President Mutharika on 7 September 2005, he quit Mutharika’s Democratic Progressive Party (DPP) to rejoin the RP and became the RP’s National Chairman. However, he was sacked from this position by the RP in October 2005, barely a month after his appointment. [35a]

Cassim Chilumpha
Current Vice President and former Minister of Water Development [1a] The Africa Research Bulletin for August 2005 recorded that President Mutharika stripped Mr Chilumpha of his water development ministerial position in a cabinet reshuffle on 31 July 2005. He retained the position of Vice President. [31] Reuters stated on 15 November 2005 that Mr. Chilumpha, who was a founding member of the UDF and a key ally of former president Bakili Muluzi, had been arrested on corruption charges. [50]

Justin Chimera Malewezi
A People’s Daily Online article dated 19 May 2004 stated that Justin Malewezi was a former state Vice President for ten years under Muluzi’s regime. He quit the UDF on 1 January 2004 and later joined forces with the opposition People’s Progressive Movement where he was elected Vice President. [35b] However, he stood as an independent in the May 2004 presidential election and came fifth with 2.53 per cent of the vote. [1a] (p689)

Brown Mpinganjira
President of the National Democratic Alliance. [1b] He came fourth in the May 2004 presidential election with 8.72 per cent of the vote. [1a] (p689)

Bakili Muluzi
Europa 2005 records that he was a former UDF President, elected in May 1994. Served two terms before dissolving his Cabinet in April 2003 and naming Bingu wa Mutharika as the UDF candidate for the May 2004 presidential election. [1a] (p676)

Bingu wa Mutharika
A BBC profile dated 8 November 2005 stated that:

“Bingu wa Mutharika, the candidate of the ruling United Democratic Front (UDF), was sworn in on 24 May 2004 after winning presidential elections. Less than a year later he resigned from the UDF, accusing the party and his predecessor Bakili Muluzi of opposing his high-profile anti-corruption campaign. He formed a new grouping, the Democratic Progressive Party…Mr Mutharika had been hand-picked by the outgoing President Muluzi as the UDF candidate after parliament refused to accept an amendment to the constitution allowing Mr Muluzi to stand for a third term.” [19g]

John Tembo
Europa 2005 records that John Tembo is the leader of the Malawi Congress Party. He came second in the May 2004 presidential election. [1a] (p689) On 28 October 2005, The Chronicle newspaper reported that John Tembo, as Leader of the Opposition in Parliament, had accepted an offer from the UDF to act as State President if President Mutharika is impeached. [28e]

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Annex D: Ministers and Deputy Ministers
(1 AUGUST 2005) [32]

CABINET

President of the Republic of Malawi: His Excellency Dr Bingu wa Mutharika
Vice President: Right Hon. Dr Cassim Chilumpha
Minister of Irrigation and Water Development: Hon. Sidik Mia, MP
Minister of Finance: Hon. Goodall Gondwe
Minister of Economic Planning and Development: Hon. David Faiti, MP
Minister of Local Government and Rural Development: Hon. Dr George Chaponda, MP
Minister of Justice and Constitutional Affairs: Hon. Henry Phoya, MP
Minister of Industry, Science and Technology: Hon. Khumbo Chirwa, MP
Minister of Agriculture and Food Security: Hon. Uladi Mussa, MP
Minister of Education and Human Resources: Hon. Kate Kainja, MP
Minister of Lands, Housing and Surveys: Hon. Bazuka Mhango, MP
Minister of Transport and Public Works: Hon. Henry Mussa, MP
Minister of Information and Tourism: Hon. Patricia Kaliyati, MP
Minister of Labour and Vocational Training: Hon. Dr Ken Lipenga, MP
Minister of Trade and Private Sector Development: Hon. Dr Martin Kansichi
Minister of Health: Hon. Dr Hetherwick Ntaba
Minister of Foreign Affairs: Hon. Davis Katsonga, MP
Minister of Home Affairs and Internal Security: Hon. Anna Kachikho, MP
Minister of Mines, Natural Resources and Environmental Affairs: Hon. Henry Chimunthu Banda, MP
Minister of Women, Child Welfare and Community Services: Hon. Joyce Banda, MP
Minister of Youth, Sports and Culture: Hon. Jaffalie Mussa, MP
Minister of Social Development and Persons with Disabilities: Hon. Clement Chiwaya, MP
Deputy Ministers
Deputy Minister of Irrigation and Water Development: Hon. Frank Tumpale Mwenifumbo, MP
Deputy Minister of Education: Hon. Davie Ngulinga, MP
Deputy Minister of Home Affairs and Internal Security: Hon. Roy Commsy, MP
Deputy Minister of Industry, Science and Technology: Hon. Charles Mchacha, MP
Deputy Minister of Transport and Public Works: Hon. Rashid Gaffar, MP
Deputy Minister of Local Government and Rural Development: Hon. Ernest Malenga, MP
Deputy Minister of Agriculture and Food Security: Hon. Henri Mumba, MP
Deputy Minister of Statutory Corporations: Hon. Elizabeth Aipira, MP
Deputy Minister of Information and Tourism: Hon. John Bande, MP

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Annex E: List of abbreviations

ACB Anti-Corruption Bureau
CID Criminal Investigation Department
DPP Director of Public Prosecutions
EHP Essential Health Package
IG Inspector General
IMF International Monetary Fund
MBC Malawi Broadcasting Corporation
MEC Malawi Electoral Commission
MHRC Malawi Human Rights Commission
MHRRC Malawi Human Rights Resources Centre
MOLVT Ministry of Labour and Vocational Training
MTV Malawi Television
NCT National Compensation Tribunal
NGO Non-Governmental Organisation
SWAp Sector-Wide Approach programme

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Annex F: List of source material

[1] Europa
a Regional Surveys of the World 2005: Africa, South of the Sahara: Malawi, 34th Edition.
b Europa World Online: Malawi: Political Organisations (accessed 18 October 2005) http://www.europaworld.com/entry/mw.dir.71 (subscription only)

[2] Central Intelligence Agency (CIA) World Factbook: Malawi, updated 1 November 2005, (accessed 11 November 2005) http://www.cia.gov/cia/publications/factbook/geos/mi.html

[3] Ethnologue.com, updated May 2005, Languages of Malawi (accessed 2 June 2005) http://www.ethnologue.com/show_country.asp?name=Malawi

[4] US State Department (USSD)
a Malawi Country Report on Human Rights Practices 2004, published 28 February 2005 http://www.state.gov/g/drl/rls/hrrpt/2004/41613.htm
b Trafficking in Persons Report published 3 June 2005 http://www.state.gov/g/tip/rls/tiprpt/2005/46612.htm
c Malawi International Religious Freedom Report 2005, published on 8 November 2005 http://www.state.gov/g/drl/rls/irf/2005/51482.htm
d Background Note: Malawi, August 2005 (accessed 16 November 2005) http://www.state.gov/r/pa/ei/bgn/7231.htm

[5] xe.com Universal Currency Converter (accessed 11 November 2005) www.xe.com/ucc/convert.cgi

[6] Department for International Development (DFID)
a A Survey of Policy and Practice on the Use of Access to Medicines-Related TRIPs Flexibilities in Malawi, September 2004 http://www.dfid.gov.uk/search/proxy/query.html?col=dfid&qt=Survey+of+Policy+and+practice+on+the+use+of+access+to+medicines-Related+TRIPs+flexibilities+in+Malawi&charset=iso-8859-1
b Press Release, 3 December 2004, UK pledges £100m for better health in Malawi, (accessed 13 October 2005) http://www.dfid.gov.uk/news/files/pressreleases/pr-malawi-health-full.asp
c Country Profile: Malawi, updated 26 July 2004, (accessed 14 October 2005) http://www.dfid.gov.uk/countries/africa/malawi.asp
d Country Profile: Malawi, updated 24 October 2005, (accessed 8 November 2005) http://www.dfid.gov.uk/countries/africa/malawi.asp
e Malawi Safety, Security and Access to Justice Programme: Output-to-Purpose Review, September/October 2003 www.dfid.gov.uk/aboutdfid/foi/disclosures/malawi-justice-opr.pdf

[7] Integrated Regional Information Networks (IRIN) http://www.irinnews.org/
a 30 May 2005, Malawi: Mutharika’s new party faces stiff challenges – analysts (accessed 2 June 2005) http://www.irinnews.org/report.asp?ReportID=47392&SelectRegion=Southern_Africa&SelectCountry=MALAWI
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