ONE OF THE CHALLENGES FACING DEMOCRACY IS THE MEANS THROUGH WHICH TO

According to World Book encyclopedia (Vol. 5, 2001), democracy is a
government whereby supreme power to govern is vested in the people and
exercised directly by them or by their elected agents under a free
electoral system. Democracy is then both a promise and a challenge. It
is a promise that free human beings, working together, can govern
themselves in a manner that will serve their aspirations for personal
freedom, economic opportunity, and social justice. It is a challenge
because the success of the democratic enterprise rests upon the
shoulders of its citizens and no one else.
(http://usinfo.state.gov/products/pubs/whatsdem/whatdm2.htm/31 October
2008).Democracy falls into two basic categories, direct and
representative. In a direct democracy, all citizens, without the
intermediary of elected or appointed officials, can participate in
making public decisions, however modern society, with its size and
complexity, offers few opportunities for direct democracy. However, in
representative democracy, citizens elect officials to make political
decisions, formulate laws, and administer programs for the public
good.
To this effect, the issue of safeguarding the interest of the minority
from Malawian perspective becomes linked bearing in mind that in a
democratic society like Malawi two major classes of people and their
interests or rights will always exist and these are as follows; the
majority and minority. First, the word minority according to Francesco
Capotorti, in a Special Rapporteur of the UN Sub-Commission on
Prevention of Discrimination and Protection of Minorities (1979)
minority is a group numerically inferior to the rest of the population
of a State, in a non-dominant position, whose members - being
nationals of the State - possess ethnic, religious or linguistic
characteristics differing from those of the rest of the population and
show, if only implicitly, a sense of solidarity, directed towards
preserving their culture, traditions, religion or language.
Now Malawi has a young multiparty democracy which is less than 15
years old and is still facing challenges in safeguarding the interests
of the minority. According the website
http://usinfo.state.gov/products/pubs/whatsdem/whatdm2.htm/31(2008)
the rights of minorities do not depend upon the goodwill of the
majority and cannot be eliminated by majority vote. The rights of
minorities are protected because democratic laws and institutions
protect the rights of all citizens (Capotorti, 1979). However,
protecting the rights of minority populations is a fundamental problem
of a democracy because where "majority rules," how can a nation ensure
that all citizens have equal treatment and equal opportunities? This
paper therefore seeks to discuss the challenges that democracy is
facing in Malawi when it comes to safeguarding the interests of the
minority. Since the presence of majority rule and minority interests
are a factor that act as a challenge to Malawi, the discussion will be
based on the on the following points; religious issues and equality,
rule of law or constitution, development, economics, political issues
and control of power.

Firstly, on religious matters; Malawi has had the history of Jehovas
Witness having their churches burnt and this forced them to hide their
faith, Islam and the link with terrorism according to one well known
historian Desmond Dudwa Phiri. It was disgusting to hear that a
certain parliamentarian alleged that the Muslim (YAO) achawa should go
back to their country Sudan without knowing the harm that was caused
on the Yao as a Minority group in the country, (Capital Radio Malawi
radio news bulletin, 2007). This therefore brings evidence that during
the one party system interests of the Islamic religion were not being
promoted as opposed to the Christian religion (Chirwa, Kanyongolo and
Patel, 2003). But soon after the multiparty democracy was allowed
through referendum, the acknowledgement of cultural differences and
protection of minorities was evident in efforts by the government to
facilitate religious inclusiveness by such measures as the declaration
of Islamic holidays as public holidays by Bakili Muluzi, the former
president (Nation Newspaper 23rd July 2003, September). Hitherto, the
only public holidays were those commemorating events in the history of
the Christian religion. The government had also announced plans to
facilicitate consultations of getting rid of the Bible Knowledge as
one of the subjects in the secondary and primary school curriculum
with Religious and Moral education, which will mean that religion here
in Malawi, will extend beyond the Christian religion (Chirwa,
Kanyongolo and Patel, 2003)

Furthermore, former president Bakili Muluzi -a Muslim as well during
his tenure in the high office safeguarded the interests of this
minority religious grouping by among other issues advocating for the
freedom of worship. Freedom of worship led to more Muslim officials
from the Middle East to come and build their mosques and spread
messages to the entire country (Abdulla 2008). According to him, the
appointment of some ministers like Uladi Mussa, Cassim Chilumpha, and
Shaibu Itimu was done to impress the Muslim minority that Muluzi was
leading an inclusive government without looking at religious
affiliations. Muluzi’s successor President Mutharika also declared
that all Muslim believers should work half day on Friday so that they
go and worship. This never existed during the previous governments.
Mutharika has on a number of times attended Muslim celebrations up to
the extent of putting on the attire of such a religion-a sign that he
is protecting their interests. Abdulla says the re-appointment of
Jaffali Mussa (a Muslim by religion) as Minister of housing and urban
development is also a clear point that Mutharika is trying to protect
his image towards Muslims because he dropped Mussa from the cabinet on
political grounds.

But the public through snap interviews in Blantyre says the
re-appointment is politically motivated as he wants some Muslim votes
hence the need to include more Muslims in his cabinet. But a (Canadian
philosopher Charles Taylor) argues that the so-called difference-blind
approach to politics tends to negate the identity of groups by forcing
people into what he calls ‘a homogeneous mold that is untrue to them’.
He observes that if not well taken care of, minority interests are
then ‘forced to take a strange form’, that of the dominant culture.
The supposedly fair and difference-blind society is then not only
‘inhuman’ (by suppressing identities) but also ‘highly discriminatory’
(against minority cultures). (Canadian philosopher Charles Taylor).
The second point is that of rule of law or the constitution; This
comes into this subject because of the controversial issue of section
65 of the Malawi constitution which bars parliamentarians from
switching parties once voted in the national assembly. Needless to
say, the country’s parliament comprises the opposition which is in
majority and then government parliamentarians who are in minority
created after President Mutharika dumped the United Democratic Front
in 2005 on accusations that his bedfellows were letting his fight
against corruption down. Mutharika who later formed his democratic
progressive party has only four parliamentarians out of the 193 in the
august house. But other legislative members defected to his party;
this brought a standstill to the extent that some of the opposition
members demanded for the invocation of the section 65 law because the
constitution bars parliamentarians from leaving their parties and
joining others also represented in the house.(Malawi Republican
Constitution)
But in trying to safeguard the interest of the minority who joined
Mutharika’s government by accepting cabinet positions, the president
took it upon himself to challenge the issue in court. But the
presiding High Court Judge at that time Edward Twea referred the
matter to the constitutional court (Nation Newspaper 24 September,
2004). The court ruled that the section is valid however; president
appealed the issue to the supreme court of appeal claiming that the
section contravenes other constitutional sections 39 and 40 which talk
about freedom of association. President Mutharika defended his
minority group through thick and thin but the Supreme Court upheld the
ruling on the matter. Despite the fact that section 65 is still valid
as ruled by the courts, the executive arm of government lets it down
by not recognizing the courts’ decision. On this, President Mutharika
upon seeing that speaker of parliament Louis Chimango would use the
section to expel his members who are in minority advises his group to
obtain a court injunctions restraining the speaker from using the law.
Additionally, President Bingu wa Mutharika’s defending of Clerk of
Parliament Matilda Katopola on her removal from the position by
parliament following her alleged abuse of office. Mutharika does not
want to follow resolutions approved by the national assembly and
parliamentary affairs committee that Katopola be fired from her
position. Mutharika safeguards the interest of Katopola by using his
powers by replacing her on the position and threatening to use the
police to open the office if the parliamentary affairs will not do.
(Malawi News 22, July 2008.)
The other point is that of development, in my preamble; a political
analyst Samson Lembani told me in an interview that the voting pattern
of the country is divided into regions contributing to the usual
tradition of voting in a president and parliamentarian basing on
tribal and regional lines. He says that this fosters aspiring
presidential candidates to make developmental promises to each tribe
or region so they amass support. Lembani gives an example of the
central region which is dominated by the Chewa tribe, southern region
mixture of Yao, Sena and Lomwe while the northern region by the
Tumbuka speaking tribe. The southern region has the largest population
seconded by the central and then the north ( www.nationational
statistical office Malawi, 2008). Lembani concludes that voting basing
on regional and tribal grounds has made Malawi to suffer major
setbacks with some people saying that the northern cannot produce a
president because they are in minority.
However, it is argued that there is need to take care of interests of
the minority because they matter in parliament. Lembani argues that
safeguarding the interest of the minority through development is a
major tool that is used by the government authorities. What government
is doing by convincing such members in line with what one political
author of the Rights of Minority Cultures, Kymlicka wrote in 1995, he
draws further implications of group-differentiated rights for
vulnerable minorities within national states. Kymlicka warns that
dealing with decisions taken at national level that affect the entire
population, some form of special group representation such as a number
of seats reserved for a minority in parliament could be useful. This
is in direct reference to a Malawian situation where the northern
region which is regarded as the minority has its portion in parliament
hence the need for government to honour them so they amass supporting
during debates in parliament. Both former and incumbent president
Bakili Muluzi and Bingu wa Mutharika have on a number of times used
development initiatives to amass the support of the northern region.
Suffice to say that the northern region Malawi is a beneficiary
putting to the light that most of the leaders use development as a
tool for safeguarding the interest of the minority in the sense that
they plan development agendas for such small groups so they have
confidence in the leadership. Mbowela observes that president Bingu wa
Mutharika is using the same system to impress the north by launching
construction of road networks between Ekwendeni and Mpherembe, the
Karonga-Chitipa road in a bid to woo support from the people there who
are in minority. Mutharika knows that most of the people there had
been pro-opposition because of the political history dating back to
the time when almost all parliamentarians were for the Alliance for
democracy-AFORD. Furthermore, Mbowela says it is not only the north
that is in minority but other areas such as Lower shire which is
politically the bedroom for Gwanda Chakuamba where there is the
construction of the Shire-Zambezi waterway in Nsanje, Thyolo-bangula.
( Mbowela, N, 2008).
The fourth factor is that of Economic issues; First of all Malawi’s
economy is agro-based meaning that the country depends on agriculture
for forex earnings. However, Andrew Daudi secretary of agriculture
said that this to be achieved and make our economy vibrant against
other currencies such the south African rands, US dollars among others
there is need for a strong relationships between the government and
farmers. It’s a fact that farmers are voiceless although they have
their interests to be heard just like any other citizen of this
democratic dispensation. There are issues of lack of land for
cultivation, poor prices and farm inputs which the government has to
guard for the betterment of their livelihood. Daudi says within this
he means issues of improved prices for various produce such as
tobacco, tea and maize. Secondly it’s an issue affordable farm imputs.
From the look of things president Bingu wa Mutharika has assisted
farmers by setting tobacco and cotton prices for producers after
observing that farmers were being robbed by international buyers
(Daily Times Newspaper, May 16, 2007). Local producers appreciated the
move despite the fact that they were calling on the authorities to let
them set a price for them.

On this, Minister of Trade and Industry Henry Mussa argued in an
interview that soon tobacco will be setting prices for the crop on
their own once the tobacco regional block is formed with Malawi’s
neighboring countries such as Zambia, Mozambique and Tanzania. He says
the government of Malawi has an obligation to safeguard the interest
of farmers. The other issue where the government is protecting the
interests of the farmers who are in minority is through the
introduction of the subsidy fertilizer program so that those local
communities can have access to o cheap fertilizer during each growing
season. Government realizes that maize production depends on
fertilizer.

Now knowing fully that lands is also becoming scarce in some
districts and to some extent communities do have land where to build
and farm, the authorities introduced a community based rural land
development project since 2004 with an aim of relocating those
landless people. They first discuss with land owners and they share it
with those who have nowhere to go in search for land (Minister of
Lands and Surveys Khumbo Chirwa) government realizes that some people
have no land where to build and grow crops for both commercial and
subsistence farming hence the initiative so they increase income and
agricultural productivity. “The project is currently underway in
Machinga, Mulanje, Balaka, Ntcheu, Mangochi and Thyolo, so far 15,000
households have relocated. Some people describe the gesture as a good
as it proves that the leadership of president Mutharika does not want
to let people suffer. In this project government identifies land for
those willing to relocate and thereafter gives up keep money before
hiring a Vehicle for them to do. It also depends as to which district
within the pilot phase has a place to relocate households.

On the issue of political and control of power; history has it that
over the years various Malawi’s leaders have used powers vested in
them to institute political decisions targeting certain individuals.
These decisions would be aimed at convincing the minority to become
popular and in turn think that the authorities are considerate. A
vivid example of this is the elevation and installation of chiefs by
the president through the ministry of local government and rural
development. (A Declaration of Liberal Democratic Principles
concerning Ethnocultural and National Minorities) goes so far as to
insist that no society and no country can be termed a liberal
democracy that does not acknowledge, implement and respect the rights
of minorities’. Or to put it differently, wherever minorities exist,
their being different must be respected by the majority as part and
parcel of their innate and inalienable right to be free’. (Governments
consequently have an obligation to refrain from all attempts at the
coerced assimilation of minorities, the Declaration states.) It is
against this that the leadership of Mutharika has cast the net wider
to have respect for some for some of tribes that were not safeguarded
for so long such Lomwe, Nkhonde and Tumbuka.
To substantiate this point there has been talk of president Mutharika
as having elevated Chiefs Kyungu of the Nkhonde tribe in Karonga,
Chikulamayembe of the tumbuka tribe in Rumphi and Mkhumba of the Lomwe
tribe in Phalombe to be paramount chiefs on political grounds.
This they say is aimed at pleasing such tribes that government is
considerate of them. By this these chiefs feel they are at par with
their counterparts which where elevated during the time of Kamuzu
Banda and Muluzi. At that time according to Billy Banda of the Malawi
Watch Human rights says that it is now that these chiefs have become
realized in a society. He says that the previous presidents were only
focused at the Chewa tribe as evidenced by the decree by Kamuzu Banda
that Chichewa should be taught in schools after English as a national
language.

However, a compelling political case for the recognition of minority
rights alongside individual rights has recently been made in The
Rights of Minorities where, it is said that the rights and liberties
of the individual, emphasized by liberal democracy, include the right
freely to associate with others – and hence have a ‘group related
dimension’ too, the Declaration points out. The group or minority
refers to ‘a community based on common cultural, linguistic or
religious heritage’, with which people associate freely and
voluntarily. Such groups have a right ‘to be different’ from each
other and from the majority in a particular state. This is in contrast
with the fact most of the Chewa chiefs were highly respected By Kamuzu
with little respect being to Chikulamayembe, Kyungu and Mkhumba
because they were regarded as minority. On the same [Kymlicka W ] says
that when it comes to issues mostly pertinent to the a specific
minority, such as education and language, Kymlicka advocates that
these matters be removed from national hands and transferred to the
minority by way of some right to self-government. True to this during
the recent inauguration of paramount Mkhumba various speakers even the
president himself called on the introduction of enough literature for
the language so that the future generation is able to read and speak
the language. This is the reason why they also launched the Mulhakho
wa alhomwe association to help advocate for the wishes of the tribe.

In conclusion, the lesson that could be drawn from this essay is that
incumbent president Bingu wa Mutharika used his powers vested in him
to declare that Muslims should pray on Friday which was not there even
during the previous leaders. Furthermore he maintained some of the
people in his cabinet merely because they are Muslims in effort to
safeguard the democratic interest of the Muslim minority group. During
the tenure of former president Bakili Muluzi, he introduced a holiday
for the Islamic religion which was the first ever besides calling for
the freedom of worship in the country which was not advocated for
during the one party system.

The other issue that we can conclude from the discussion is that
leaders use development as tool to protecting the rights of the
minority so they win their support in the elections or national
assembly. A clear example is that of any president promising the
northern region of Malawi more development projects. However, if you
if you scrutinize such projects they do not come to fruition for
example the Karonga-Chitipa which was once promised by Muluzi and then
Bingu wa Mutharika but until now it has not been completed.


Additionally the issue of the rule of law, incumbent president Bingu
wa Mutharika has been shielding his minority government from the wrath
of implementation of 65 of the crossing of the floor by challenging
that the section should be deleted in the constitution because
according to him it contradicts other sections 39 and 40. He also
advised his members not to remove injunctions that could leave the
speaker free to invoke the section. Mutharika also challenges the
courts of meddling into politics. He also shields his clerk of
parliament by not replacing her despite the fact that the opposition
dominated parliament voted to remove her from the office. On the
aspect of safeguarding the wishes of farmers he reduces the price of
fertilizer for the subsidy which targets rural farmers. He also orders
buyers of tobacco to buy at his fixed rate if not they will be chased
out of the country.

On the issues of politics Mutharika elevates traditional leaders
Chikulamayembe, Kyungu, Mkhumba to the position of paramount
respectively. This comes after he observed that the former president
did not respect leaders of such tribes. All in all the above
summarized points proves the point that there are challenges facing
democracy in trying to safeguard the interests of the minority.















REFERENCE
Abdulla, I, Bangwe Madrassah Islamic Centre in an interview, November 3, 2008
Chirwa, K, Minister of Lands and surveys in an interview, October 24, 2008

Daily Times Newspaper, May 16, 2007

Daudi, A, Principal Secretary in the ministry of agriculture and food
security in an interview October 14, 2008

Francesco Capotorti, Special Rapporteur of the UN Sub-Commission on
Prevention of Discrimination and Protection of Minorities, in 1979.

Growth, J, Alexander, World book encyclopedia (Vol. 5, 2001), pp 120-122.
http://www.usinfo.state.gov/products/pubs/whatsdem/whatdm2.htm/31 October 2008.
http:)//www.nationational statistical office Malawi/accessed on 29 October,2008
Kanyongolo, F, Patel, N, Chirwa, W, Democracy for Malawi, 200, pp123.
Kymlicka, Will, Multicultural Citizenship: A Liberal Theory of Minority Rights,
Clarendon Press, Oxford, 1995.

Kymlicka, Will (ed.), The Rights of Minority Cultures, Oxford University Press,
Oxford, 1995.

Lembani, S, political analyst, Konrade Adeneur Foundation, September 16, 2008

Malawi News 22-, July 2008, pp3

Mbowela, N, Political analyst, Mzuzu University in an interview,
November 22, 2008

Mussa, H, Minister of trade and industry in an interview, October 23, 2008

Nation Newspaper July, 23, 2003, pp4

Taylor, Charles, Multiculturalism and ‘The Politics of Recognition’, Princeton
University Press, Princeton, 1992.
Phiri, D, Historian and economists, in an interview with capital fm in
Day Break Malawi program, July 6, 2007.