CHRR, Cedep Cautions Legislatures On ATI Bill

Trapence and Mtambo

Centre for Human Rights and Rehabilitation (CHRR) and Centre for Development of People (Cedep) warns Legislatures not to pass Access to Information Bill (ATI) in its present form saying it is adulterated bill.

A statement reacting to President Peter Mutharika State of National Address, from the two organisations says presently, grey areas in the Access to Information bill include: Scrapping of a provision that information holders should disclose information in the public interest such as unauthorised use of public funds; The introduction of fees for Malawians to access to information; and the Removal of provision which would have enabled people to demand information before the law was enacted

The ATI bill will be officially presented in the National Assembly for tabling by Information Minister during this Third Meeting of 46th Session of Parliament, to consider the 2016/2017 National Budget.

Timothy Mtambo and Gift Trapence executive directors for CHRR and Cedep respectively,  expressed in a the Statement today that " In the first place, CHRR and Cedep commend the President for indicating that the long-awaited Access to Information Bill would be tabled in Parliament within the session. We, at CHRR and Cedep, however, would like to reiterate our calls on parliamentarians to exercise democratic maturity by addressing all the undemocratic elements in the adulterated bill to reflect the spirit and purpose of the bill in a Malawian democracy."

They mentioned that they find the mentioned grey areas a regrettable attempt by government to render the Access to Information law toothless in this democratic dispensation. 

"The law, if enacted in its gazetted version, will fall short of addressing key issues such as Cashgate as well as other forms of power-abuse, among other vices." Adds the statement  

Among others the statement from CHRR and Cedep further call Government to go an extra mile in expediting prosecuting cases involving cash-gate and people with albinisms.

On cases involving people with albinisms, CHRR and Cedep bemoaned that cases of abductions and killings of people with albinism continue to escalate at alarming rate regardless of the recent stiffer sentences Courts are handing to convinced criminals.

"All this points to the fact that more needs to be done." Observe the statement suggesting that Malawi Police Service (MPS) and community relationship is key to prevention of abduction, exhumation and killing of people with albinism. 

"Government through MPS ought to strengthen its community outreach structures such as community policing in dealing with the vice" adds the statement 

The statement further calls upon parliamentarians to exercise democratic maturity and patriotism as they conduct their deliberations on behalf of Malawians who are facing numerous challenges in their daily lives.

President Mutharika Was Incorrect On Provision In ATI Bill

Trapence and Mtambo

It is now proven that President Peter Mutharika erred to claim that Access to Information (ATI) Bill has provision which bars National Assembly from reviewing the legislation once enacted.

Two renowned Civil Society Organizations, Centre for Development of People (Cedep) and Centre for Human Rights and Rehabilitation (CHRR) have since faulted the Malawi leader saying they never came across such provision in the drat bill.

Peter Mutharika

President Mutharika told Journalists on Monday at Kamuzu Palace that the ATI bill has number of inconsistencies including two provisions which says; once enacted the law will cover any information that happened before its enactment (Against common law principle that the law takes effect on matters happening the day it is signed) and that “in future” no parliament can ever repeal the law.

But according to a statement from the Cedep and CHRR signed by its executive directors, Gift Trapence and Timothy Mtambo respectively, they have possession of the draft bill which the President quoted but never came across a clause which says Parliament shall not have the power to repeal the Access to Information law.

“It is equally significant that President was able to highlight some of the “inconsistencies” in the Bill during the press conference. We, at CHRR and Cedep, however, wonder where the ‘inconsistencies’ the President highlighted during the press briefing came from. We have the draft Access to Information Bill and have never come across a clause which says Parliament shall not have the power to repeal the Access to Information law.  The Access to Information Bill we have was informed by progressive model laws on access to information.” Reads the statement

Cedep and CHRR believe the inconsistency claims were mare lies and tactics to delay enactment of the legislation.

The two CSOs have therefore challenged government to publish all the said “inconsistencies” for the public to appreciate them in addition to publicize the ATI Bill, once all the ‘ironing out’ and ‘aligning’ of the bill with other laws is done, before tabling it in the National Assembly.

“This would enable citizens and other stakeholders to check if there are any adulterations in the Bill.  Otherwise, we are bound to believe that the President is simply buying cheap public sympathy to justify the delay in enacting the bill.” Said Cedep and CHRR

“Given the culture of secrecy on how government is run, compounded a recent background of plunder of resources, Malawians  can simply ill afford to have an adulterated piece of legislation that will fall short filling its democratic space. Malawians need a law that will add value to democracy.” Claims the statement

Cedep and CHRR statement further said the President was undemocratic to state that he is not going to take deadlines from Malawians. The CSO's says as an employee of the electorate, the President must be accommodative enough, fully cognizant that it is within the citizens rights to issue deadlines to their demands especially on matters that require urgent address by his leadership.

Reading the draft ATI bill in question we never found the provision which President Peter Mutharika claimed that “in future” no parliament can ever repeal the law  

Indeed, President Mutharika was right to mention that in the current ATI Draft Bill grant access to information even that existed before the legislation was signed according to Chapter 3 on the application of the legislation  

                 “3. - (1) This Act shall apply to information in the custody or under the control of any public body, relevant private body or other information holders listed in the Schedule hereto regardless of whether such information came into existence  before the commencement of this Act  

     However, “(2) This Act shall not apply to the following information: Cabinet records and those of its committees; court records prior to conclusion of a matter; and information excluded from publication under the Official Secrets Act; and personal information.”

Mutharika made the error on the Bill when speaking to Journalist at Kamuzu Palace in Lilongwe on Monday evening following his return on December 6 from Malta, UK and South Africa where he went to attend to Summit and hold number of bilateral talks.

President Mutharika continued to make his promise of taking Access to Information Bill to National Assembly but this time around says this will happen "at some point" in this 46th Session of National Assembly.

He said his Government is through Cabinet Committee on Legal matters is resolving inconsistencies which prevented the bill from being taken to just ended First Meeting of 46th Session of the National Assembly as promised.c7

Health Sector Needs Urgent Solutions

Civil Society Organizations, Health Professional Associations and Patients Interest Groups says Government should not hesitate to solve number of problems facing the health sector at the moment.

This was said following the petition delivered to the National Assembly on Friday through Chair person for the Health Committee of Parliament, Juliana Lunguzi.

The Groups says most Health sector services are crippled which are causing leading to the poor quality services to the patients.

Gift Trapence, executive director for Cedep who is one of the nine signatories for the petition said the solutions in the health sector are needed now.

The petitioners observe that Malawi continue to struggle in its quest to provide free health services but gains supposed to accrue to average Malawian continue being eroded due to challenges in drugs and medical supplies availability coupled with inadequate funding for the health sector.

  

They therefore asked the National Assembly to intervene to the current situation and on the adequate National Budget allocation to the health sector.

"We are concerned with the significantly reduced Other Recurrent Transactions (ORT) allocation from K16.5 billion in 2014/2015 national budget to K12. 7 billion in 2015/2016 financial year.

This has affected the capacity of Ministry of Health to meet its obligations of ensuring quality care for all Malawians. District and Central Hospital received lowest allocation in recent years at 4.7% of the total of health sector budget leading to failure to settle water and electricity bills, stoppage of locum services, inadequate food for patients, challenges in referrals and failure to maintain equipment. There are no functional x-ray machines" reads petition

The petition adds: "We are concerned with Government failure to effectively address challenges surrounding drugs such as unavailability of drugs due to limited funding, drug pilferage and leakage, leading to low performance of curative services"

Among recommendations made in the petition includes increased national budget allocation to health of 15% of the total expenditure in order to meet Abuja Declaration to which Malawi is signatory.

It is also requesting Treasury to revise upwards the the ORT allocation to the sector and speedy process in the consultations on health financing including user fees as an option to sustainably finance the health sector. 

Malawi Network of Religious Leaders Living with or Personally Affected by HIV AIDS (MANERERA+), Centre for Development of People (CEDEP), National Organization of Nurses and Midwives of Malawi (NONM), Malawi Health Equity Network (MHEN), Pharmaceutical Society of Malawi, Medical Doctor's Union, Patient and Community Welfare Foundation, Radiographers Association and Paramedics and Allied Health Workers are the signatories to the petition.

Malawians Tired Of Excuses On ATI Enactment-CHRR, Cedep

Gift Trapence

Centre for Human Rights and Rehabilitation (CHRR) and Centre for Development of People (Cedep) says Malawians are tired of Government excuses on taking Access to Information Bill (ATI) to Parliament for enactment.

The two institutions have issued a statement signed by its executive directors Timothy Mtambo (CHRR) and Gift Trapence (Cedep) who says such unwarranted delays are insult to Malawians and are failure on the part of the Democratic Progressive Party (DPP) Government to bringing the bill for enactment.

CHRR and Cedep statement comes a day after Government issued a statement that Cabinet meeting of 17th November 2015 considered the Bill, and directed its Committee on Legal Affairs and Constitutional Affairs to quickly resolve inconsistencies therein.

In the statement, Minister of Information Jappie Mhango said it is the intention of Government to have a good and balanced law that is representative of all sectors of society. 

However, CHRR and Cedpep says Malawians “can no longer entertain further excuses” on sending to Parliament the Access to Information Bill for enactment.

The statement titled ‘A call on government to live the talk’ says when the President indicated in his opening address of 46th Session of Parliament that the bill would be tabled during the current Meeting of National Assembly, Malawians heaved a sigh of relief, given the importance of the piece of legislation in enhancing transparency and accountability in the affairs of the country.

“It is, thus, shocking, to note that the much-awaited bill does not appear anywhere near the Order Paper or on the notices of the new bills for the current sitting. This is unfortunate, to say the least. By promising Malawians what he cannot deliver, as is the case with ATI and other numerous instances—the incumbent is simply taking the citizens’ trust for granted. To this end, we call upon the President and the DPP government to ensure that the ATI bill is passed into law in the current sitting of Parliament. Malawians can no longer entertain further excuses on the Bill” reads the statement 

Said Gift Trapence in an interview; “This bill is very important for the development of the country. The bill will make sure that Malawians are able to access information of different sectors; information of health, on economy, agriculture 

So if government passes that bill it will help a lot in terms of accountability and transparency but as well development issues”

He said Civil Society Organizations are worried that Government is not committed to make sure that that bill is passed considering changes that government has been making in many times as to when they are going to pass the bill.

“So as civil Society Organizations we are worried in terms of behavior of the Government by not showing that commitment that they would want to pass the bill.

We are worried with the behavior of the current regime in terms of not respecting the pillars of the democracy and in those pillars one of them is the Access to Information Bill.” He said

Then the Cedep Executive Director warned that CSO’s are set to use all avenues to make sure that they pressure the Government to pass the ATI bill.

“We will use different strategies as CSO’s that we are going to mobilize, we will use international partners to make sure that this government passes the bill.” He said 

Among others the CHRR and Cedep statement also condemns the tendency where number of Cabinet Ministers are attending to Presidential political rallies yet they have nothing to do at the event.

CHRR and Cedep says such a practice is only wasting public money. 

“We at CHRR and Cedep are deeply disappointed at the Democratic Progressive Party (DPP) government’s continued wastage of the country’s limited resources on political rallies disguised as development rallies. Our position is informed by the recent ‘development rally’ in Mangochi where a horde of Cabinet ministers and other government officials accompanied the President at the painful cost of tax-payers. This is outrageous! While we appreciate the need for the President to address the nation on the government’s development plans, we find the expenses that accompany such functions too excessive for the current state of the economy”

In the statement CHRR and Cedep, vows not to tire to remind the DPP government that it should consider spending the limited resources on critical areas such as the health, education, water and energy sectors in dire need to urgent attention.

“If at all President Prof. Peter Mutharika feels like updating the nation on his government’s plans, let him be conducting periodic press conferences which, in our considered view, are a cost-effective alternative” says the statement

CSO’s Wants Mutharika Step Down For Poor Democratic, Economic Governance

Malawi’s Civil Society Organisations (CSO’s) have asked President Peter Mutharika to resign if he keeps failing citizens in democratic and economic governance.

Nine human rights activists and organizations have issued a media statement on Wednesday 14th of October 2015 which highlights the democratic and economic challenges the country is going through

Billy Mayaya, a Civil Rights Activist read from the statement claiming that Malawians are suffering due to “current administration’s lack of vision and failure to care for Malawians.”

He said the country’s economy is at brink of collapse and pointed out; water and electricity crisis, ills in the education and health sectors and a cloud of uncertainty over Farm Input Subsidy Program (Fisp) in the agriculture sector. He added that the incumbent president is failing to fairly prosecute corruption cases, stop unnecessary expenditure and that his nepotistic administration is a champion in bullying the media.

“The list could be endless” stated Mayaya while accusing President Mutharika of being arrogant and so defensive on matters that seek him to be transparent by mentioning his response to bloated entourage to the United Nations General Assembly as recent an example. 

“Malawians should not be treated as if they forced Mutharika into plot number one. It is the incumbent who asked for it, and he must deliver to their expectations or else quit if he has no clue to fix their problems.” Read Mayaya from the statement

When concluding reading the statement, Gift Trapence, Executive Director for Centre for Development of People (CEDEP) also repeated resignation calls saying the county’s economy is heading for the dead end due to government “costly man-made blunders”

“We have no doubt that, given a mature, patriotic and altruistic leadership; the country can easily smart from the current challenges. We, however, genuinely feel the President is honourable enough to consider stepping down if he keeps failing Malawians.”

Later, Timothy Mtambo, Executive Director for Centre For Human Rights and Rehabilitaton (CHRR) and Charles Kajoloweka executive director for Youth and Society both resonated to the resignation calls by stating that emotions by president Mutharika at recent media briefing where he was angrily banging tables when making defensive responses to media questions, is a clear sign of a failed president.

“It is dangerous for the country to be led by angry and frustrated president” warned Kajoloweka

Among others the statement has touched number of areas including; high cost of living as the presidency continue to be extravagant, dwindling service delivery and empty talks on Public Service Reform Program.

The statement also has asked President Mutharika to commit, as matter of urgency to eleven solutions that correspond with the problems highlighted in the statement.

Mtambo, has since urged government to utilize the solutions in the statement “We have offered the solutions in this statement because it has been said that we don’t offer solutions. The truth is that we have been providing solutions to government but they don’t take them. We have done before and we are doing it again.”

Others who attended the conference includes, Robert Mkwezalamba, Chairperson for Human Rights Consultative Committee (HRCC).

All human rights activists who held the press briefing apart from Robert Mkwezalamba have signed the statement including; Moses Mkandawire of Civil and Political Space Platform, Desmond Mhango of CEYCA, Bright Kampaundi of Forum for National Development (FND), McDonald Sembereka of Malawi Network of Religious Leaders Living and Affected with HIV/AIDS, Benedicto Kondowe of Human Rights Defenders Forum and Kiko Mapunda from Centre for Governance and Public Participation.

CHRR, Cedep Joins Pres. Mutharika; Appeals for Increased National and Global Response on Rainfall Disaster Areas

CHRR, Cedep Joins Pres. Mutharika; Appeals for Increased National and Global Response on Rainfall Disaster Areas

CHRR&CEDEP Logos

Centre for Human Rights and Rehabilitation (CHRR) and Centre for Development of People (CEDEP), says the continuous downpour Malawi is experiencing requires “urgent and robust” solutions from everyone.

The two human rights institutions have made the call in a joint statement released on Wednesday afternoon. The institutions expresses great shock the devastation the continuous downpour has caused on the country in the process claiming 48 lives and leaving at least 70, 000 people displaced nationwide and several property destroyed.

“We have learnt with sadness that 15 districts including Rumphi, Machinga, Mangochi, Salima, Mulanje, Karonga, Phalombe, Nsanje and Chikhwawa have been adversely affected with this catastrophe. We at CHRR and Cedep offer our heartfelt condolences to the bereaved families and pray that their souls rest in peace.”

For this problem the two institutions said it is for no doubt that Malawi is in a crisis that requires urgent and robust solutions in the best interest of the nation not only from government but also all key stakeholders including the civil society, faith community, media, international community and others.

Trapence&Mtambo

The executive directors for CHRR and Cedep Timothy Mtambo and Gift Trapence respectively who signed the statement applauds government, all stakeholders both locally and internationally, who responded swiftly in providing various forms of assistance to the victims.

“We also commend President Peter Mutharika for taking lead in government’s response to this emergency by amongst other things appealing for concerted, unified efforts from all stakeholders to ensure that all prevailing problems resulting from this catastrophe are sorted out. We therefore would like to join hands with the President and the government by appealing for increased national and global response to help in alleviating the problem at hand bearing in mind that human rights issues are at stake due to the catastrophe.”

The two institutions however, have urged government to come up with clear transparent, monitoring mechanisms to ensure that all resources meant for such purposes reach the intended targeted people.

On Tuesday 13^th January 2015, in accordance with powers conferred upon him by Section 32(1) of the Disaster Preparedness and Relief Act, President Professor Peter Mutharika declared all the districts that have been affected by floods Disaster Areas, with immediate effect.

Pres. Mutharika (Pic by State House Malawi)

“I mourn with those that have lost relatives as a results of these heavy rains. And I pray for the souls of our departed brothers and sisters to rest in peace.” Said president Mutharika

President Mutharika noted that Government has started to provide assistance to the displaced households and that Malawi Defence Force has already been requested to undertake rescue operations using boats. The president however, indicated that assessment of the impact of the floods is a problem currently because most of the affected areas are inaccessible “T/A Mlolo, for example, is inaccessible and a lot of people need to be rescued to higher ground as they are stranded.”

President Mutharika further appealed for humanitarian assistance, from the International donor community, the relevant United Nations agencies, the Non Governmental Organisations, the local private sector as well as all citizens of goodwill.

“Together, we can contribute in alleviating suffering on the part of people affected by the floods.” He said but assured that Government will see to it that relief assistance is provided to all the affected people in the affected districts.

Some parts of the country, especially in the Southern Region, have experienced a lot of heavy rainfall since last week. This rainfall has resulted in heavy flooding where a lot of people’s houses and household property have been damaged rendering the affected households displaced and some people have also lost their lives as a result of the floods.

Currently number of affected people is increasing making relief requirements also to increase it is clear that additional resources are required to provide assistance to all the affected people.

Mkwezalamba Says HRCC, Anti-NAC Gate CSOs Gave Him Go Ahead To Represent CSOs When BEAM Well Wishers Refunded K5m to NAC

Mkwezalamba Says HRCC, Anti-NAC Gate CSOs Gave Him Go Ahead To Represent CSOs When BEAM Well Wishers Refunded K5m to NAC

A human rights activists and Human Rights Consultative Committee (HRCC) executive director Robert Mkwezalamba says had a go ahead from his institution and from some of the Anti-NAC Gate CSOs to represent CSOs when concerned business person ‘well wishers of First Lady’s Beautify Malawi Trust (BAM) asked for his presence at an event of returning K5 million to NAC.

Five Anti-NAC Gate CSOs demanding refund of NAC money dubiously accessed by BEAM and Mulhakho Wa Alhomwe, recently disowned Mkwezalamba and Billy Mayaya as their preventatives at the event saying the two were present on their personal capacity as they are not part and parcel of the fight to see BEAM and Mulhakho to refund NAC money adding that even their presence at the event was not justifiable.

“We have learnt with great shock the recent acts of two activists Mr Billy Mayaya and Mr Robert Mkwezalamba who masqueraded as our representatives (ANTI-NACGATE CSOs representatives) at a BEAM/ DPP regime’s orchestrated “public display” of K5, 000,000.00 under the guise of “well-wishers”.  The two have never been, and are not part and parcel of this ANTI-NACGATE struggle being championed by CHRR, Cedep, MANERELA, MANET + and MHEN on behalf of aggrieved Malawians who are desperately waiting for the return of the money meant for HIV and AIDS activities.” Reads the communication from Makhumbo Munthali a Human Rights Advocacy and Resource Mobilisation Coordinator for Centre for Human Rights and Rehabilitation (CHRR)

The communication added “As such, we would like to categorically dissociate ourselves from any act indulged by the two earlier this week, and that whatever they did was not representative of us.” Said Munthali adding “It was out of their own personal interest, -or perhaps under the influence of a “hidden big hand” to manipulate public’s opinion or trap us.”

But speaking in an interview Mkwezalamba says he made consultation before attending the event and is surprised that CSOs have changed the tune but said if they find fault in his presence at the event then the best way to raise the matter would have been using proper procedure than attacking personalities.

 “Basically as HRCC is a network organization of over 90 civil society organizations on various rights of individuals including some of the organizations that are demanding BEAM and Mulhakho to return NAC money, so when we were informed by Mr. Chinsinga (Barnett Chinsinga leader of concerned business persons) who contacted my office and said they want to do something for BEAM, I consulted my office and said it was in order. Then I shared the information with some of the five CSOs that are advocating for BEAM to refund the money and this is CEDEP and MHEN through their executive directors Gift Trapence and Martha Kwataine (respectively) they all accepted and said this is good news and we are going to attend the function.” He explained

“On the day, they called me in the morning they said due to security reason for fear that DPP supporters would be present, they are not ready to attend the function but they gave me a go ahead to proceed to sit to preside over the function and I did on that behalf on that basis.”

But reacting to disowning remarks Mkwezalamba said “I think as a leader and as a mature civil society activists, human rights activist, I wouldn’t want us to start fighting over this.”

“The issue should be about BEAM. Has the money been paid back? Are they satisfied or not? Are they proceeding or not? Those should be the issues, but as to why I was there or whether it was right or not wrong for me to be there, as HRCC we have our own internal structures that they can raise those issues for now we came in as HRCC to assist in the process.”

               

He added that he would want to see BEAM and Anti-NAC Gate CSOs sitting around the table and settle differences if any to the interest of Malawians and but put aside disowning issues and attacking personalities.

According to the communication from Munthali says Mkwezalamba and Mayaya presence that the event was not justifiable and claim that “there is more than what can meet the eye, and it would be naïve of us to completely rule out the possibility of the two being part of the BEAM/DPP’s regime orchestrated network of cadres who are hell-bent at thwarting the public crusade aimed at coming to the bottom of NACGATE. Their actions are suspicious.”

Currently CSOs maintains that neither Mulhakho Wa Alhomwe nor BEAM trust has refunded the money, as such demonstrations to press for their refund of money remain intact on 13^th January 2015, in all cities and in some selected number of districts across the country.

CSOs Won’t Cancel Demonstrations If Only One Institution Return NAC Funds

CSOs Won’t Cancel Demonstrations If Only One Institution Return NAC Funds 

Plans to hold national wide demonstrations demanding Beautify Malawi Trust (BEAM) and Mulhako Wa Alhomwe to refund money accessed from National Aids Commission (NAC) can never be cancelled if only one institution refunds the money.

Burnett Chinsinga who represented ten Business persons from Blantyre and Lilongwe, on Tuesday refunded K5 million that BEAM got from NAC. Chinsinga said by raising the money hoped that CSOs will cancel their planned January 13^th demonstrations because business people are concerned that such demonstrations may affect their businesses.

Chinsinga was in the company of chairperson of the Human Rights Consultative Committee (HRCC), Robert Mkwezalamba, the Health Rights and Education Programme (HREP) Executive Director, Maziko Matemba, and chairperson of the Right to Food Network, Billy Mayaya,

However NAC has rejected the money saying the businesspersons did not follow procedure of returning the money which is writing NAC and send the money through Treasury.

Trapence: We will cancel demonstrations if all institutions
return the funds to NAC

Centre for Development of People (CEDEP) one of five civil society organisations planning for the Anti-Nac gate demonstrations says CSOs shall cancel demonstrations only if ‘all’ institutions return the money before 13 January 2015.

CEDEP executive director Gift Trapence in his reaction to the attempts being made by concerned business persons said even if the group successfully returns the money on behalf of BEAM, still demonstrations will be on as planned because CSOs will be asking Mulhako to return the money.

“What we want to see is all the institutions returning the money to NAC” he said. “Because we want that money used for impact based activities”

While welcoming gesture by concerned business persons and encourage Mulhako to do the same, Trapence mentioned that had business person’s return the money to NAC for BEAM, CSOs would still have demanded a receipt indicating that NAC has received the returned money.

Trapence however said CSOs will be meeting on the incident to make official stand.

Meanwhile BEAM has maintained stand that they will never return the money because it was not given out as cash. BEAM said had the business persons consulted BEAM then BEAM could have instructed them not to refund the money.

CSOs Angered By Pres. Mutharika Defensive Remarks at Children Christmas Party

CSOs Angered By Pres. Mutharika Defensive Remarks at Children Christmas Party

The five Civil Society Organissations (CSOs) Manet+Manelera+ MEHEN, CEDEP and CHRR are not at ease with President Professor Peter Mutharika’s recent remarks that rebuke his critics who may attempt to probe where he outsourced money used for hosting First Couples Christmas party with children from around Lilongwe on Wednesday 17^th December 2014 at Kamuzu Palace.

In a quest to inform the nation that he hosted the children Christmas party using his own together with first lady and well wishers money, President Peter Mutharika is on record cautioning any attempt to find fault from the party particularly probe where the money was sourced and make some protests out of it.

CSOs view this as direct attack to human rights activists that have vehemently vow to go on with plans for national demonstrations demanding (organizations not strategically placed in national HIV and AIDS response) First Lady’s initiative Beautify Malawi Trust (BEAM) and his tribe grouping Mulhako Wa Alhomwe to repay back the national HIV and AIDS response funds they access through dubious means from National Aids Commission (NAC).

In their statement confirming steady to go on with January 13^th 2015 demonstrations presented to the media over the weekend, CSOs have questioned motive of President Peter Mutharika’s defensive remarks on accountability of his money used for hosting the party and any attempt to make demonstrations.

In the manner the president presented the caution, CSOs suspect that the president had a hand in the recent NAC incident. CSOs are also accusing President Mutharika’s silence and failure to condemn the incident or calling for a swift investigations, “For no doubt the President’s “silence” on the matter is making a lot of noise, and to a greater extent his silence may be implied as consent to the malpractice.” Said Timoty Mtambo CHRR executive director who was together with Gift Trapence Executve director for Cedep, representing other three CSOs

 “Why is it that the DPP’s regime seemed to be more concerned or angry with the saga than even the implicated BEAM Trust and Mulhakho Wa Alhomwe?” asked Mtambo

“Why the panic? Is there something the DPP’ regime is hiding to the country on its possible role in NACGATE? If the whole of the President can stand up and say “I don’t want mawa somebody nkumati fwee fwee fwee ndipanga demonstrations and so forth there is no government money here involved”, in front of children,” Mtambo said adding that even such words were not palatable for the children at the event

“For any possible intentions by his critics to poke their nose into the source of funds for the children’s party in a context or a background of NACGATE and that the only demonstrations being talked about which are as a result of misuse of public funds are the ones related to NACGATE, then we should all be suspicious and question why the President is uttering such and his possible link to NACGATE saga? Why the guilt and anger?” said CHRR executive director

Taking his turn Cedep executive director Gift Trapence also expressed CSOs dismay on “worrisome” arguments being advanced by some executive board members of BEAM Trust who in support of NAC gesture in releasing funds to Beatify Malawi Trust (BEAM) and their position that BEAM cannot return the money are also contradicting with clarification made by NAC.

Trapence also query Mr. Maxwell Matewere a Vice Chairperson of CONGOMA and board member of First Lady Gertrude Mutharika’s BEAM Trust, if his arguments supporting NAC gesture and calling nationwide demonstrations ‘a rushed one’ were spoken on behalf of CONGOMA as a result of consultative process with members or a board member of BEAM.

Similarly, the statement by CSOs, also accuse Malawi Interfaith and Aids Alliance (MIAA) Robert Ngaiyaye for making a sweeping argument for reasons not known.

It further accuses Mr. Mavuto Bamusi (President Peter Mutharika’s Advisor on NGOs and board member of First Lady’s BEAM Trust) for alleging that CSOs are jealousy of BEAM trust and are politically motivated therefore BEAM cannot refund the money, and the CSOs should go ahead with the planned demonstrations. CSOs statement maintains that Mr. Bamusi was supposed to advise the President on the negative implications of using HIV and AIDS funds for unrelated activities.

Anti-NAC Gate Demonstrations Ready-CSO’s

'if restitution is made within the period, demonstrations will be called off' Anti-NAC Gate CSO’s

Five Civil Society Organisations demanding First Lady’s BEAM Trust and Mulhakho Wa Lhomwe to refund National Aids Commission (NAC) funds says their planned national wide demonstrations are ready on 13 January 2015, but can call them off once the involved institutions return the money before actual day of demonstrations.

BEAM Trust and Mulhakho Wa Lhomwe whose work is not directly involved in fight against HIV and AIDS are reported to have accessed NAC funds up to MK5 Million and MK9.4 Million respectively through dubious means.

However NAC maintains stand that it did not grant any money to Beautify Malawi but rather participated in the Beautify Malawi launch activities through buying dinner tables for stakeholders and advertising during the launch. And as a cultural grouping, Muhlakho wa Ahlomwe was supported through high level advocacy activities for HIV and AIDS issues.

It also set record straight that “the existing sub granting procedures provide for multiple channels of financing that include both solicited grant recipient organizations as well as demand driven applications.”

Board members for BEAM Trust have also accused CSOs for making demands on the matter out of jealousy.

But Manet+, Manelera+, Malawi Health Equity Network (MEHN), Centre for Human Rights and Rehabilitation (CHRR0 and Centre for Development of People (CEDEP) in a statement released on Friday confirm that the day to hold demonstration is set and preparations are underway.

The joint letter bearing signatures of executive directors Safari Mbewe (MANET+), Martha Kwataine (MHEN), MacDonald Sembereka (MANERELA+), Gift Trapence (CEDEP) and Timothy Mtambo (CHRR) gives condition that if these institutions repay the money within the period, demonstrations will be called off because intention is not to do the demonstrations but making sure that the funds are paid back to NAC.

CSOs insist that “government and its agents” used their power to influence NAC to release the money while holding its dagger. They also believe that NAC clarification on this abuse of funds is a “big joke” but an attempt to shield the involved institutions from the scandal “NAC statement did not manage to address any of our concerns, if truth be told” maintains CSOs in the statement

“It is in light of the foregoing that the CSOs under the anti Nac-gate banner have stuck to our plans to stage nationwide protests on 13the January, 2014. The CSOs are more determined than ever to offer the public the platform to exercise their freedom of assembly and expression in demanding the two institutions in question to refund the NAC money, and also call for the current regime address the prevailing economic and political woes which are inhibiting Malawians from fully enjoying their human rights” reads the statement

Timothy Mtambo (CHRR0 and Gift Trapence (Cedep) told journalists in Lilongwe Friday evening that their petition is being worked on and it sets time frame of every demand and vows not to rest until restitution in full amount of the money is made.

Timothy Mtambo: We are making progress 

CHRR executive Director Timothy Mtambo said the demonstrations progress are making strides and come that day people will hold demonstrations in exercising their rights.

Gift Trapence: We will use other avenues if
our petition demands are not ment

Cedep Executive Director said “We have started the announcements, we just want to remind Malawians that this is a national demonstrations but as well that will have subsequent announcements of designated routs and districts where demonstrations will be.”

“We have a petition that we have written that we want to submit to government to make sure that they are able to comply to the demands of that petition.” He said

He made it clear that if it happens that government fail to comply to the demands by not forcing its agents (BEAM and Mulhako) to repay the money, CSOs will use other avenues “One is to do more demonstrations, but as well we will also use courts to make sure that these institutions have paid back the money.”

He noted that though court staff are on strike but once are open CSOs will “mobilize Malawians” to sue such institutions as well as NAC Board for flouting procedure of accessing NAC funds, “Even if at our local level in terms of courts system we are not helped we have so many international instruments that we can use to force these institutions to pay back the money.”

At first CSOs issued a seven day line for NIB, BEAM and Mlhakho wa Alhomwe  to repay back the money which they did not honor and upon expiry the CSOs announced January 13^th 2015 as a day to hold peaceful demonstrations. In light of these CSOs says they have still given the said institutions “so many days” to repay the money. 

CHRR, CEDEP Order DPP Regime To Stop Political Terror

Trapence  Left and Mtambo Right

Centre for Human Rights and Rehabilitation (CHRR) and Centre for Development of People (Cedep) have warned Democratic Progressive Party (DPP) regime to stop what the two human rights bodies called ‘act of political terror’ reported recently in the media.

Recent media reports have indicated that DPP members have assaulted an innocent citizen in Mzuzu; attempted to disrupt Peoples Party (PP) political rally in Chitipa and damaging business property of citizens perceived to be supporters of opposition political parties in Limbe, Blantyre.

CHRR, Cedep applaud Malawi govt for acceptance to attend African Commission on Human Rights Session

CHRR, Cedep applaud Malawi govt for acceptance to attend African Commission on Human Rights Session

Centre for Human Rights and Rehabilitation (CHRR) and Centre for Development of People (Cedep), has welcomed decision by Malawi government to appear before the 56th session of African Commission on Human and Peoples Rights.

The decision to attend African commission Session, Malawi will make another milestone in promotion of Hunan Rights issues following a positive background of Malawi’s similar maiden historical appearance at the 111^th session of United Nations Human Rights Committee in Geneva recently.

According to a Press Statement dated 12^th November 2014 co-signed by Executive Directors Timothy Mtambo and Gift Trapence for CHRR and Cedep respectively says by resolving to appear before the 56^th Session of African Commission on Human and Peoples Rights the Malawi government has not only demonstrated its willingness towards adherence to her international obligations but also commitment towards the promotion and protection of human rights for all.

It is an obligation of State parties to the African Charter on human and peoples’ rights to submit reports every two years updating the commission on their promotion and protection mandate of human and peoples' rights in their respective countries. But according to CHHR and Cedep statement “Malawi submitted its maiden report in 2012 after 25 years of non-compliance to her obligations to the commission.”

“In the absence of such state party reports, Centre for Human Rights and Rehabilitation since 1998 [when it acquired the observer status to the African Commission on Human and Peoples Rights] had been presenting and submitting human rights brief reports to the African Commission highlighting the progress, challenges and recommendations to the Malawi government on issues of human rights and good governance.”

The statement further states “The Civil Society, through Centre for Human Rights and Rehabilitation (CHRR) and Centre for Development of People (Cedep), also submitted their shadow report in 2012, concurrently with Malawi government, which included a number of recommendations of the human rights situation in the country”

Among the recommendations the statement included;

1.       The state party to take steps and measures to comply with the Francis Kafantayen vs. The Attorney General decisions by ensuring that all murder convicts are re-sentenced as a matter of urgency

2.       The state Party to ensure that Dr. Kalonga Stambuli Commission of Inquiry Report is released and action should be taken against any person or persons who played a hand in his death

3.       The State Party to allocate a minimum of 15% of its national budget towards health in line with the Abuja Declaration

4.       The State Party as a matter of urgency compensate victims of 2O July demonstrations, investigate and prosecute the perpetrators

5.       The State Party as a matter of urgency to bring to justice those responsible for the brutal murder of a Polytechnic student activist Robert Chasowa and compensate late Robert Chasowa’s family

6.       The State Party to safeguard the independence of the Judiciary and desist from making bad comments in public against judicial officers and also ensure that judicial officers are properly remunerated and protected

The forthcoming session of the African commission in Gambia will hence provide the platform for Malawi government to give the status quo of protection and promotion of human rights in the country, the progress on implementation of the African Charter on Human and Peoples rights, and also update the commission on the progress made in the implementation of the recommendations made in the 2012 civil society shadow report.

The 56^th Session will commence from the 1^st December to 17^th December 2014 in Banjul Gambia where Malawi government’s initial report is due for review on 7^th, 8^th and 9^th December 2014.

Mutharika Names New Board of Directors for 25 Statutory Corporations:Meet the List of the Appointees

Mutharika Names New Board of Directors for 25 Statutory Corporations: Meet the List of the Appointees

The President of the Republic of Malawi, His Excellency Professor Arthur Peter Mutharika, has appointed new Boards of Directors of Statutory Corporations following the expiry of the mandates of previous appointees.

Mutharika made the appointments with immediate effect

Pro-Federalism Demonstrations Ban In Karonga Against Fundamental Human Rights- CHRR, Cedep

Mtambo (far left) and Trapence (Far right)

Centre for Human Rights and Rehabilitation (CHRR) and Centre for Development of People (Cedep) have jointly issued statement expressing shock on what they call "The government’s decision through the district commissioner to bar" a grouping called Karonga Youth for Justice and Development from holding a demonstration in favour of Federalism

The grouping is said to have been stopped from holding Pro-Federalism demonstrations after it submitted a notification letter to the district commissioner of their planned demonstrations scheduled for 28th September 2014