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CHRR says Mutharika appears to be on the right track on Human rights issues

Lilongwe (MaraviPost): The Human Rights and Rehabilitation (CHRR), with support from Freedom House an international human rights organisation headquartered in Washington, DC, held a consultative stakeholder’s conference between 15th and 16th June 2015 to reflect on President Prof. Arthur Peter Mutharika’s one year in office from a human rights and governance perspective.

 

It should be noted that these conclusions and summations were reached by CHRR before The Malawi President sued critic Z. Allan Ntata and online Media house Nyasatimes.

 

 

They evaluated the Malawi President on campaign promises and issues either by law or decree which were part of the fabric of life in Malawi. They graded the president on issues like fairness of coverage on MBC, Child Marriage laws, Gender related laws, prosecution of cashgate and public sector reforms.

 

Review of Communications Act towards an independent MBC a positive step but political will key: Contrary to its 2014 manifesto and Mutharika’s inaugural speech, MBC remain skewed towards the governing Democratic Progressive Party (DPP) and is often used as a tool to unleash attacks on its critics with CSO leaders and opposition amongst the main casualties. The slow progress on

 

The passage of some gender related laws: The recent adoption of Marriage, divorce and family relations legislation and trafficking in person’s legislation are positives worth noting. However, we are concerned that the Marriage Act contains some provisions that are inconsistent with Malawi’s obligations under international human rights law, including the provision that defines marriage.

 

Prosecution of Cashgate cases: There has been some notable progress in the court’s hearing and prosecution of Cashgate cases with notable convictions on the same. However, government needs to do more in expediting the slow pace of Cashgate cases. At the same time there is need for government’s total commitment to the allegedly K92 billion cashgate saga. There are public concerns that government has so far not demonstrated political will in ensuring that the alleged 92 billion Cashgate is dealt with once and for all.

 

 Public Sector Reforms: The public sector reforms must be supported to ensure that the good paper work is translated into real action. There is need for harmonization of the various pieces of legislation to avoid the reforms being challenged in the court of law. Government should also clearly define the cost of the public sector reforms.

 

 

The Decent and Affordable Housing Subsidy Programme (Malata and Cement subsidy): The government rolled out the Cement and Malata [iron sheets] subsidy as one way of fulfilling the right to decent housing. However, there is need to avoid politicization of the program. It is important that Malawians now started thinking of ways and strategies on how to make the current and future Presidential initiatives sustainable

 

The Opening of MUST and launching of Community College initiatives: The launching of Community College initiatives [with 11 community colleges so far opened] and the opening of Malawi University of Science and Technology (MUST) are both positive developments. However, there is a need to adequately resource new and existing universities, and attempts to avoid underfunding public universities, particularly UNIMA, which continues to be underfunded in the process affecting its operations including research work.

 

 Lean Cabinet and the need to legislate Mutharika’s good will: It’s encouraging that President Mutharika kept his word on the 20-member cabinet. It’s also commendable that Mutharika has maintained the modest travel itinerary both locally and internationally, a move which has spared the country’s resources.  It is important to legislate cabinet size to ensure sustainability of this initiative, and such proposed legislation should also consider gender equity to ensure adequate women’s representation in cabinet. 

 

Vestiges of intolerance: The one year of President Mutharika has been characterized by vestiges of intolerance to dissenting views with critics of the regime subjected to verbal attacks by either Mutharika himself or the governing party’s leadership. CSOs, academics, and media practitioners have been labelled “patriots,” accused of tarnishing the image of the current leadership, challenged on concentrating on “trivia” instead of research, and said to be writing “rubbish” and practicing “mercenary” journalism. All this coupled by the government’s attempts to stifle civil society using the NGO law are worrisome developments

 

 Poor delivery of social services: There are growing concerns over acute shortages of essential drugs, poor health service delivery systems, intermittent water and electricity supply, insecurity and also poor public education service delivery. 

 

Government’s response to people living with albinism: President Mutharika’s swift condemnation of the brutal attacks levelled against people living with albinism must be commended. There is, however, need for an intensified domestic and international response to ensure maximum protection and promotion of the rights of people living with albinism

 

 

Right to demonstration and freedom of assembly: Citizens exercised their right to assemble and demonstrate without any physical hindrance during the period. The anti-NACGATE, MSB sale and Xenophobia demonstrations are a few examples. However, there were still some grey areas that posed a threat to the full enjoyment of these rights. For example, the government used the state-run Malawi Broadcasting Corporation (MBC) against the organizers of those demonstrations with the notable one being the anti-NACGATE 13th January demonstrations. 

 

The state of the economy

Gross domestic product (GDP) growth: With Malawi experiencing the worst floods in recent history and declines in productivity and output for the private and agricultural sectors, the outlook for high GDP growth remains poor. The government projects Malawi will rebound to an average of 7% annual growth in the coming years, however, it remains to be seen if this is achieved given the recent constraints affecting the economy.

 

Inflation: Inflation declined from 24.2% in November 2014 to 18.3% in April 2015, a positive step for the economy of Malawi. However, this was largely caused by the declining pump price of fuel and it remains to be seen if government can maintain the decline in the inflation rate as prices of food are likely to go up.

 

Foreign exchange: The foreign exchange rate continued to stabilize in most part of one year of Mutharika, and the government reached a historical import cover of foreign exchange for three months, presenting positive news to support the Malawian economy. Government should continue to find ways to sustain the outlook on foreign exchange by supporting increased exports as opposed to selling domestic debt to PTA Bank in exchange for foreign exchange injections into the economy, which was the principal driver of the recent success. 

 

Conclusion:

It might be too early to pass judgment on Mutharika’s Presidency from a human rights and governance perspective after only a year in office. But the tone President Mutharika has set so far will go a long way in determining how he would like to run the country in the next four years. There have certainly been a few promising signs, but some not-so-promising ones as well during the one year period. Further action must be taken by the president and his government to match rhetoric. It is important for President Mutharika to take charge and walk the calling.  

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