Final

COMMUniQUE
all-inClUSiVE COnFEREnCE HElD aT liMBE BlanTYRE, 14-15 MaRCH, 2012 CaTHEDRal ,

TiME TO REClaiM OUR DESTinY issued : 21 March, 2012

This communiqu is not a strategy paper but a document that provides the general spirit of the observations and recommendations emanating from the conference. Specifics will be defined in line with appropriate consultations with sectors present at the conference.

PREaMBlE 1. The Public Affairs Committee (PAC) held a two-day All-Inclusive Stakeholders Conference from 14-15, March, 2012 at Limbe Cathedral, Blantyre, Malawi. Delegates to the conference included media fraternity, political parties, academia, legal fraternity , Malawi Congress of Trade Union, representatives of civil society organizations , faith leaders and other interested stakeholders . 2. PAC, a predominantly faith-based organization whose aims include : to encourage religious bodies to fulfil their prophetic and religious roles, and respond to the socioeconomic and political affairs of the Republic of Malawi; to enter into and maintain a dialogue with any person, political body or any other institution including the Head of State in the Republic of Malawi regarding any issues of concern to the nation; and to promote peace and tranquillity in the Republic of Malawi among others , hosted the conference which focussed on three topics: the current political situation in Malawi, the economic situation in Malawi and Constitutional gaps and opportunities. 3. Prompted by signs in our society that point to a crisis in political, economic and constitutional governance, inspired by PACs prophetic mandate, realising that God does not change the conditions of people unless the people themselves show commitment to change them, we did a serious introspection and critical analysis based
on hard questions that need to be addressed if we have to reclaim our future as a nation.

OUR OBSERVaTiOnS Current Political Situation 4. Delegates observed that the challenges facing the country need urgent attention and must be dealt with by Malawians themselves through constructive engagement among various stakeholders. 5. It was noted that Malawi as a nation has drastically deteriorated from a developmental state (2004 -2009), and is now bordering towards a weak state (2010 to 2012) as witnessed in the passing of unpopular bills in parliament; pursuing policies without adequate consultation, and threats to dissenting views. 6. While Malawi successfully ushered in a democratic constitution , lack of internalised democratic culture in the governance structures of our society especially in political parties remains a challenge in the field of good governance. It was further observed that there is a reasonable number of political parties without defined and distinctive political ideologies to guide the political agenda in Malawi. Economic Situation

7. Delegates noted that the economic situation is unsatisfactory. This has led to rising cost of living and the shrinking of businesses resulting into loss of jobs which is bringing misery to many families. 8. Though government has put in place initiatives in attracting investment, policies to ensure the expansion of businesses in different sectors and attracting foreign investment remain inadequate and ineffective .The need for a self-reliant economy is of paramount importance. However, delegates observed that the zero deficit budget has tax burdens for Malawians and could further stifle the economic activities given that Malawi remains weak in most of the sectors that drive the economy. In view of this , the matter of devaluation of the Kwacha cannot be ignored but needs proper planning. 9. Delegates noted the loss of donor support as a major cause of concern following the poor relations between our government and international community. Noting the importance of trade unions, members observed the need to guarantee basic requirements in form of a decent wage, better jobs, protected environment, a conducive social security and health protection and ensure that political interests do not overshadow the need for a free and conducive environment for workers . It was further noted that Unions have been agents of change world over and their meaningful engagements have resulted in positive gains for nations.

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Constitutionalism 11. In spite of Malawi adopting a democratic constitution, there is a considerable evidence that there is limited knowledge and internalisation of the Constitution - a situation that has led to having a constitution without constitutionalism. The Constitution has both gaps and opportunities in our young democracy. However, it must be appreciated that governance challenges cannot be solved by the constitution alone. Although the Constitution clearly states that the mandate to govern derives from

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the people of Malawi we note that it is abused by those entrusted with it. We also note that the balance of power is heavily skewed towards the Executive branch of government at the expense of the other two . RECOMMEnDaTiOnS 14. Access to justice is a very important human right and PAC should ask the government to settle its differences with the judiciary as soon as possible so that the courts can start functioning. PAC should facilitate political parties (both ruling and opposition) to hold own conferences of parties to address their differences and enhance party ideologies and inter-party democracy. It is the constitutional duty of the government of the day to promote the economic welfare of all Malawians. PAC should ask Government to settle its differences with UK, the IMF, the World Bank and other donors immediately so that the economic deterioration is arrested immediately. It must be emphasised that Malawi, though a sovereign state, can not operate in isolation in this global world. Delegates noted that the matter of the devaluation of the Kwacha should not be dismissed off hand but an honest discussion should be fostered culminating in the right action by the highest authority.

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It is the responsibility of the President and indeed all our political leaders, to speak and behave in an exemplary manner so that Malawians can relate to each other in a harmonious manner. PAC should ask President Mutharika and all the other political leaders to desist from using provocative statements meant to demean and insult their opponents or those who hold different views from them. Delegates felt that bad laws ( S46 of the Penal Code, amendment to S35 of the Police Act, Injunctions law, Local Government Act(S147(5), among others) should be repealed because they are very unpopular and a source of division in our country. There is high perception that such laws were passed to serve interests of the few. Malawi Broadcasting Corporation (MBC) should provide balanced information given that it operates on tax payers money. In the same vein, media should be protected so that media freedom continue to be exercised in line with the expected standard by the media fraternity. Given the human rights challenges Malawi continues to suffer, members demanded an inquest on the death of Robert Chasowa. The outcome of the inquest would assist Malawi to avoid a repeat of such horrible events. Electoral Commission should be strengthened and commissioners need to be appointed as a matter of urgency in readiness of the 2014 tripartite elections. The current situation will need a non-partisan electoral management body to lessen tensions among various stakeholders taking part in the electoral

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processes. 22. 23. Clear road map after Constitutional Conference held in 2007 is imperative if Malawi is to improve its constitutional architecture. On the new currency notes to be introduced, members felt that no individuals face on the currency (not even of the incumbent president) should appear on the note, especially in a multiparty setting like ours in Malawi. Delegates further felt that a sensible balance between creation and distribution of wealth should be maintained for the overall development of the country. In order to achieve the latter, effective measures should be put in place to guarantee accountability, transparency, personal integrity and financial probity in our society. Independence of the legislative arm of the government should be secured by giving financial independence. Parliament must be given the right to own and manage its own budget. At the conference there were calls that the current government should resign. Failing which, a referendum must be called to give a chance to the nation to express its mind on the matter.

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COnClUSiOn The need to repeal the bad laws and to cooperate with IMF and other development partners is of urgency with the prevailing crisis. Otherwise, with the current crisis Malawians may exercise their right to withdraw the trust bestowed upon the current regime in accordance with the provisions of the Constitution of Republic of Malawi (S.12) (111). To this end, redress to the latter would assist Malawi to reclaim its destiny. All the views of the stakeholders from conference will be entertained through appropriate special committees with special competencies. PAC has been called upon to engage with the relevant authorities using constructive engagement to secure results on hard issues. We call upon all Malawians to demonstrate a spirit of patriotism towards our nation as we face the socio-economic and political challenges by actively participating and engaging with the concerned institutions in the exercise of their constitutional rights . By the Grace of God We shall Succeed. Rt Rev. James Tengatenga

COnFEREnCE CHaiRPERSOn