By: Lloyd M’bwana
The country’s two human rights watchdogs Centre for Human Rights and Rehabilitation (CHRR) and Centre for Development of People (Cedep) including media bodies-The Malawi Chapter of the Media Institute of Southern Africa (Misa-Malawi) and Media Council of Malawi (MCM) have vehemently criticised President Peter Mutharika for scrapping off important clauses in the gazette Access to Information (ATI) Bill arguing that the bill undermines the right to information as provided for in Section 37 of the country’s constitution.
CSOs and media bodies reactions comes barely few days after the ATI bill was formally tabled on February 19, 2016 and has since appeared on the Order Paper of the Business for the on-going Mid-year Budget review Parliament meeting under notices as Bill No1 of 2016.
Among other shocking decisions government has made in the revised bill including the removal of Malawi Human Rights Commission as an overseer body on the right to information instead the courts have been mandated to handle all complaints relating to denial of providing information.
Government has gone further in the revised bill by introducing fees for Malawians to access information contrary to the spirit of the law that is a realization of Section of the constitution under the Bill of Rights consequently the legislation will serve the rich not the poor.
Not only that, the cabinet has even removed a provision which stipulates that information holders should disclose information in the public interest regardless of the information being exempted from public disclosure.
Public interest information according to the bill presented to cabinet before revised included miscarriage of justice, abuse of authority or negligence in the performance of an official on duty and unauthorized use of public funds or avoidance of wasteful expenditure of funds.
In press statements released on Wednesday, February 24, made available to The Maravi Post, both human rights and Media bodies have expressed sadness over the misconduct of the cabinet on the ATI bill arguing that the revived bill undermines the core purpose of access information.
CHRR and Cedep have accused the Democratic Progressive Party (DPP) leadership of betraying Malawians for undemocratic tendencies demonstration in the gazette bill hence calling Member of Parliament to reject it when presented to them until the original bill was reversed.
“The gazette Bill is an affront to transparency and accountability it purported to entrench in the country, much as it portrays a serious aversion to democratic tenets on the part of the ruling Democratic Progressive Party (DPP). What a missed opportunity for democracy!
“The latest Bill only vindicates those of us who had long-held fears against President Prof. Peter Mutharika’s insistence to iron out ‘inconsistencies’ as well as ‘align the bill with other laws’ before tabling in parliament. Specifically we draw the attention of the nation to the following; scrapping of a provision that information holders should disclose information in the public interest such as unauthorized use of public funds, the introduction of fees for Malawians to access to information and removal of provision which would have enabled people to demand information before the law was enacted”, noted CHRR and Cedep in the statement.
The two bodies observed that the aforementioned grey areas a regrettable attempt by government to render the Information toothless in this democratic dispensation saying the law, if enacted in its gazette version, will fall short of addressing key issues such as Cashgate as well as other forms of power-abuse, among other vices.
“It is in view of this that CHRR and Cedep are calling upon all well-meaning parliamentarians to reject the gazette version of the Bill once tabled in parliament till such highlighted concerns are addressed in line with the Constitution of Malawi, the supreme law of the land”, concludes the statement while appealing for rejection signed by Timothy Mtambo and Gift Trapence, Executive Directors for CHRR and Cedep respectively.
While on other hand MISA and MCM minced no words on revised bill expressing disappointment over the compromise of the key principles in the bill including effective enforcement, maximum disclosure, minimum exemptions, public interest override, simple, affordable and quick access procedures and whistle-blowers protection.
‘We are shocked that after years of consultations and redrafting, government has taken it upon itself to completely scrape off the establishment of an independent oversight body and has instead entrusted that responsibility with an individual government minister.
The independent of the minister is always an issue of concern to us and entrusting enforcement of such legislation to a minister who undermines the spirit of effective enforcement of this important law.
“We feel that the approved ATI Bill has been heavily compromised and needs to be reviewed to ensure that the right to information isn’t defeated. Misa-Malawi and MCM therefore call on government to review its position on these matters. We have confidence in government and strongly believe that our request will be considered.
“We are also urging MPs to reject the current version of the Bill as isn’t in line with recommendations and general consensus from various stakeholders who participated in the 10-year period of its drafting”, concludes the statement signed by Thom Khanje and Professor Wiseman Chijere Chirwa Chairpersons for Misa-Malawi and MCM respectively.
In November 2015, Malawi’s donors including European Union ( EU) and World Bank set 20 conditions for the resumption of direct budgetary support to the nation among others was passing of ATI bill by March 31, 2016 which President Mutharika hinted that would not table the bill just to please them.
