MARKING 50 YEARS OF WORKING FOR DEVELOPMENT IN MALAWI

Democratic Governance and Human Rights: Key to Sustainable Development

After 20 years of multi-party democracy, Malawians demonstrate
increasing satisfaction that democracy is working. 53 percent of
Malawians expressed satisfaction with democracy in 2013 up from
47 percent in 2002, according to the Afro-Barometer survey. Malawi
ranks 16th out of 52 countries in Africa on good governance in the
2014 Mo Ibrahim Index, up from 24 in 2010. Malawi has also
increasingly become a more open society where people are free to
speak their mind. 79 percent of Malawians say they are now
completely free to say what they think, according to the 2013
Afro-Barometer Democracy report.
Democratic governance fosters development by creating the
support for eradicating poverty, protecting the environment,
ensuring human rights and gender equality, and providing for
sustainable livelihoods. Democratic governance also provides an
enabling environment for protection and effective realization of
human rights, as captured in the Universal Declaration of Human
Rights. Inclusive development in any country can only take place on
the bedrock of respect for human rights for all, men and women,
boys and girls. It is on this basis that the UN has been supporting
consolidation of democratic governance in Malawi over the past
50 years.
Malawi was known as a country where silence prevailed during
the period of the one party state. From a governance perspective,
this is a period in Malawis history tainted by lack of freedom of
expression, a heavily censored media, human rights violations,
poor accountability and lack of transparency. These and other
governance issues culminated into calls from Malawians for a
democratic Malawi in 1992, consequently resulting into holding of
a referendum in 1993 in which 64 percent voted in favor of
multi-party democracy and general elections in 1994. The UN is
among the key development partners that supported Malawis
transition from a one party state to multi-party democracy.
As part of supporting consolidation of Malawis democracy, the UN
together with other development partners, has provided technical
and financial support to the Malawi Electoral Commission (MEC)
and other constitutional bodies such as the Malawi Human Rights
Commission. The UN also supported the emergence of a vibrant
media and civil society as well as peace and conflict mediation
institutions such as the Public Affairs Committee (PAC) and the
Centre for Multi-Party Democracy (CMD).
The UN has steadily contributed to Malawis gradual progress in the
governance sector. Its support has focused on capacity
development, strengthening transparency, accountability,
responsiveness, and active participation of excluded groups.
Specific emphasis has been on ensuring citizen engagement,
human rights-based approaches, gender equality,
decentralization and integrated rural development, development
effectiveness, and linkages between population and
development.
This has translated into increased awareness of the importance of
integrating and respecting democratic principles, human rights
and gender equality in development. Progress has not always
been consistent but some achievements include:
a) Peaceful transition from one party to multi-party
democracy, and establishment and strengthening of
independent institutions such as the Public Affairs
Committee and the Malawi Electoral Commission;
b) Increased participation of women in Parliament from
6 percent in 1999 to 22 percent in 2009 though there
has been a decrease in 2014 to 16 percent;
c) Increased recognition of the need for decentralisation
and devolution of powers to strengthen participation,
accountability and service delivery at the local level;
d) Increased engagement with the UN Human Rights
Monitoring Mechanisms, including submission of State
party reports to the UN Treaty Bodies;
e) New and improved laws grounded in human rights,
gender equality and inclusiveness principles;
f) Increased awareness of the importance of peace and
conflict mediation institutions.

The passing of the Gender Equality Act in 2013 laid a clear
framework for ensuring that all laws and policies are supporting
gender equality as well as providing for a quota in the public sector
and abolition of harmful traditional practices. The UN has a strong
commitment to support the implementation and monitoring of this
piece of legislation as well as advocating for the increase in age of
marriage and the passing of the anti-trafficking Bill, among others.
Attitudinal and behavioral change is another key entry point to
ensure adherence to human rights principles and standards, and
the work with traditional and religious leaders across a spectrum of
issues is critical to achieve compliance with and respect of human
rights. At the same time, elimination of violence against women and
children and reduction of maternal and child mortality remains a
key development priority to ensure the country progresses and
develops. 45 percent prevalence of violence is not acceptable
together with high rate of child marriages and early pregnancies.
The work of the UN is guided by human rights standards and
principles. Civil, political, economic, social and cultural rights form
the normative basis for all UN work around the world. This human
rights architecture is a unique contribution and feature of the UN.
The UN partners with civil society organisations not only to
implement activities but as partners in advocacy and policy
influencing. A healthy democracy requires different voices that
reflect the aspirations of all, men and women, boys and girls. People
centered development is key for Malawi to reduce inequalities and
exclusions.
Governance and global goals
As the world prepares for the post-2015 development agenda, the
UN has played a critical role in facilitating a process that ensures
that the voices of those that are not directly involved in the
high-level negotiations are heard. In 2013, the UN supported
national consultations contributing the voices and aspirations of
Malawians to the global process. Continued nation-wide
consultations in 2014 examined how to ensure global goals are
implemented at the local level.
The message to decision makers is to intensify efforts to support
increased political participation, economic opportunities, and
decentralisation; at the same time, there is a call for a human rights
focus to development through application of new and bold
approaches to promote democratic, political and economic
governance, and deliver social justice through service delivery to
all, especially at the local level.
Despite the support provided and the progress noted in the various
governance indices, further efforts are needed to increase the trust
of Malawians in the democratic process and in institutions. The crisis
in public financial management has brought the need for public
sector reform into sharp focus. It is a shared expectation that the
reform processes that Malawi is committed to will lead to
permanent changes and improvements in governance: improved
transparency, accountability and efficient use of public resources,
"The human rights sector in Malawi has
registered several significant successes,
with the support from the UN family.
One recent achievement is in the area
of state party reporting. Malawi was
performing poorly in this area both at
the UN and the African Union levels,
where we had a lot of outstanding
state party reporting commitments.
However, with the technical and
financial support received from the UN family, we can now talk of
the Government being able to clear the backlog. Considerable
progress has been made and we can cite the state party reports
submitted on: the United Nations Universal Periodic Review; the
United Nations International Covenant on Civil and Political Rights;
and the African Charter on Human and Peoples Rights. The Human
Rights Commission has submitted alternative reports on some of
these instruments, and we continue to work with Government on
the other outstanding reports." Mrs. Grace Lipato-Malera, Executive
Secretary for the Malawi Human Rights Commission.
A woman casting a ballot during the May 2014 Tripartite Elections A Malawian man with disability (R) being consulted on the Post 2015 development agenda People march showing messages against Gender Based Violence
respect for rule of law and making corruption a thing of the past. Continued
press freedom, and commitment to inclusive processes will ensure that the
views of all Malawians including the most vulnerable and excluded and
minorities are taken into account.
An inclusive dialogue which builds consensus across political divides is an
opportunity for Malawi to strengthen electoral processes, address perceived
politicisation of development priorities and strengthen responsiveness
between elected representatives and the voters.
Political parties, in particular, need to reflect upon their performance as
institutions that have a role between and not only during elections whether in
power or in opposition. Equally, the role of women in politics, if excluded, only
detracts from a partys outreach and responsive capacity and potential
breadth of support. The Malawi society is evolving, and its democratic
structures and systems must keep pace.
In this regard, promoting an enabling legal and social environment is key and
the UN will keep working to support that in collaboration with civil society
organizations and key constitutional bodies. Inclusive democracy as the form
of government remains a priority for the future years in Malawi.
Government should ensure protection of minorities, the marginalized,
discriminated and the excluded, in particular women and girls; maintaining
separation of powers and public accountability; while driving democracy and
human rights forward.
It is therefore important to continuously bear in mind that democratic
governance is a critical component of a peaceful and inclusive society and
that there can be no good governance without human rights and gender
equality.
The UN is very good at
bringing international
experience to advise on
national strategies and
policies. When you feel like
you are stranded, especially
here in Africa, you want
quick answers to policy and
technical questions, your first
point of call is UN. The UN is
excellent at exposing you to
various international experts
and more importantly
helping you learn faster
because you do not have to
break a new ground. Something that you want is already being
done elsewhere and through the UN network, you are able to get
the experiences of others. Willie Samute, Deputy Chief Secretary in
the Office of the President and Cabinet (OPC)
The UNs impact on gender
equality in Malawi significantly
comes out when you look at their
efforts on capacity development
of the human resources in
government; as well as their
support on law reforms and policy
development and alignment to
different UN conventions and
protocols. These three show that
the UN has really contributed a lot
to this country. Peter Msefula,
Director of Gender in the Ministry
of Gender, Children, Disability and
Social Welfare.
More than ever before, we yet
again cherish the support of the
UN family towards holding
elections. The history of elections
in the country is not complete
without a chapter on the credible
technical and financial support
from the UN family to the MEC
and its stakeholders. MEC
Commissioner Ambassador
Rev. E. Chinkwita -Phiri.