Malawi To Continue With Rome Statutes Implementation

Tembenu

Malawi Government says Malawi is making positive steps in domesticating the Rome Statutes of the International Criminal Court (ICC).

“We are implementing the Statutes by incorporating some of the provisions in our laws and that’s implementation. We will continue to do that until such a time that we know that look, we have done most of what we wanted to do.” said Samuel Tembenu Minister of Justice and Constitutional Affairs,

Tembenu was responding amid concerns from Malawi Law Society and Centre for Human Rights and Rehabilitation (CHRR) that although Malawi ratified and signed the Rome Statutes of the ICC in 1999, little implementation has been made to domesticate some provisions.

Secretary General for Malawi Law Society Khumbo Bonzoe Soko said in an interview that due to delays in domestication, Malawi has no Procedural Law that helps local courts to execute prosecution or make arrests of those that are wanted by the ICC.

On procedural laws Tembenu said “That’s not true, because it is not just a procedure it’s just an obligation where every member is obligated to do what they have undertaken to do.”

Asked about readiness of the country to arrest anyone wanted by ICC he said “That’s a thing that will happen at a right time”

Late Msiskas Child Arrest Cause Uproar In National Assembly

Commotion erupted on Monday evening in the National Assembly leading to early adjournment for Tuesday morning over reports of arrests of a child of former Member of Parliament for Rumphi North, late Tasoka Msiska.

The child is reportedly in police custody for allegedly fueling fracas that took place at dad’s burial in Rumphi last week. 

There, Minister of Information, Jappie Mhango was barred and chased away by an angry mob from attending the funeral ceremony. The rivalry follows Mhango’s win during the 2014 elections as independent candidate to oust late Msiska as parliamentarian for the constituency.

In the National Assembly, the pandemonium began immediately the house passed the Estate Duty Amendment Bill which has an element of giving good compensation to the bereaved family.

Richard Chimwendo Banda

Member of Parliament for Dowa East, Richard Chimwendo Banda rising on point of order sought clarification from the Minister of Information Jappie Mhango why he has used his authority to arrest child of late Msiska.

“We are saddened that one of the children of late Msiska has been arrested and Police are looking for the remaining children who are at large. Why are you doing this to these orphans? They have just lost their father and they need to be protected and respected as the country mourns with them.

So, in the very same spirit that government has demonstrated here in the bill we have just passed, that Children from bereaved family must benefit more from property of their parents, we are also demanding the release of the child of late Msiska” said Chimwendo who stood as Chairperson for parliamentary committee on Social and Community Affairs

He added that the arrest was political and that the Information Minister must have information relating to the arrest since him was chased at the funeral of the late father of the child.

However, the Speaker of the National Assembly, Richard Msowoya did not sustain Chaimwendo’s point of order by ruling him of out of order because the question was put to a wrong minister.

“Please use appropriate standing orders” said the speaker before ruling the member out of order. 

Msowoya said Chimwendo was out of order because Minister of Information is not a better person to clarify the matter because he is not the Minister of Home Affairs and does not make arrests.

After Speaker’s ruling, Rumphi East Parliamentarian, Kamlepo Kalua rose, insisting that the matter be discussed at length because it is of national importance. It took the speaker to put off the mic of Kalua to make him stop continuing with the matter.

Lilongwe Msodzi South parliamentarian, Vitus Dzoole Mwale also stood on the same and echoed Kalua’s point that the matter was of National Importance and need the house to discuss and hear from the Minister of Information on the matter.

The chaos prompted the Government Chief Whip, Henry Mussa to seek for an early adjournment to let the members have an ample time to read reports and bills to be discussed on Tuesday.

However, when the Speaker put the question as moved by the Government Whip, the opposition successfully blocked the proposal and continued with demands for the continuation of the matter.

Speaker then announced an early adjournment of the house for Tuesday morning after Government Chief Whip told the Speaker that there was no business to discuss at that time. 

When approached to get his views as he walked out of the parliament Chamber Jappie Mhango only said “I can’t comment anything. Go and talk to the one who brought the issue here”

In an interview, with Chimwendo said he was reliably informed by the uncle of late Msiska’s children that a child of late Msiska is in custody and that Police are hunting for other children.

He also said he is going to make a formal request to the Speaker on the same matter immediately the house resume sitting on Tuesday morning.

Late Msiska contested the 2014 tripartite elections as candidate for Malawi Congress Party after winning primary elections against Jappie Mhango. However, Mhango went on to contest for the General Elections as an independent candidate and won elections.

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Law Society Asks Govt To Domesticate Rome Statutes Of ICC In Full

Bonzoe Soko

Malawi Law Society (MLS) says the country needs to domesticate the Rome Statutes of the International Criminal Court (ICC) in full for the country to be able to arrest and prosecute through local justice system those wanted by the Court for committing atrocities.

The country signed and ratified Rome Statutes of the ICC, however, not all offences that are created under the Rome Statutes have been provided for in the penal code.

Secretary for MLS, Khumbo Bonzoe Soko said at the moment Malawi courts are not competent to execute warrant of arrest and prosecute those wanted by ICC.

Bonzoe Soko said the executive is delaying to domesticate in full provisions of Rome Statutes of the ICC.

He said due to delays, local courts lacks Procedural Law that guides how to execute ICC warrant of arrests as well as process and prosecute cases of international crimes.

“We need the procedural law that can complement efforts of ICC.” Said Bonzoe Soko

“The ICC requires us as signatory to the Statute to make sure that we have that procedural code so that at least when we apprehend those persons we are able to process them through our system. That is why it is very essential that we actually take steps to domesticate the Rome Statutes so that we give the force of the law in Malawi.” Said Soko

“If there was any person in our country who for instance is suspected or accused of having committed genocide elsewhere, our courts will be very much competent to order the arrest and try that person.” He said

Soko also said the ideals for justice and end to impunity for which ICC stands for are ideals that the country shares. He said some of the offences that ICC has jurisdiction over are offences that Malawi already made provision for in its laws and he therefore emphasized that partial domestication of the Rome Statues will continue to frustrate the ICC mandate.

Malawi signed and ratified the Rome Statute of the International Criminal Court (ICC) on 3rd March 1999 and 19th September 2002 respectively. However, Malawi is yet to come up with a domestic legal framework to support the Rome Statute of ICC through domestication of the same in order to enable domestic courts to be able to prosecute serious crimes of international concern as enshrined in the ICC’s statute.

Health Minister Says No Homosexuality Ties In Global Fund Grant

Some Legislatures suspects Malawi Government accepted Homosexuality as condition to obtain Global Fund grant money signed a month ago in Lilongwe.

Parliamentarian from Lilongwe Msodzi South Vitus Dzoole Mwale was a first member to ask the Minister of Health to provide clarification on the matter.

Minister of Health, Peter Kumpalume downplayed the suspicions saying there is no single condition relating to homosexuality in the Global Fund Grant money.

The parliamentarians raised concerns during the continuation of the debate on the State of the National Address delivered by President Peter Mutharika on Friday 6th November.

“Global Fund does not place on us any obligation to accept homosexuality at all in giving us money to combat HIV/AIDS in Malawi." Clarifies Kumpalume

"The Ministry of Health is in the job of helping people at the point of need. We do not ask how people got their HIV from, we simply treat them.” he said

He then explained that “We as a country when we ask for money for the particular programme we tell them exactly what we want to use that money for but nothing to do with legalizing homosexuality. Global Fund does not ask for that it just give the money for the purpose we ask for.”

Global Fund assistance is used for the fight of Malaria, HIV and Tuberculosis (TB). 

In October, Global Fund gave Malawi US$378 million towards the fight of HIV, Tuberculosis and Malaria.

US$346 million is for HIV and TB while US$32 million is for the fight against malaria. 

President Peter Mutharika signedd Partnership and Acknowledgement of Grants Agreement with the Executive Director of the Global Fund, Mark Dybul, at Kamuzu Palace in Lilongwe.

The US$ 378 million support is the largest allocation that the Global Fund has made anywhere in the world and President Peter Mutharika said the support will save millions of lives of people. 

Catholic Church Fight To Curb Child Abuse Launches Child Protection Policy

Arch Bishop Msusa

The Catholic Church in Malawi launches Child Protection Policy which seeks to provide guidelines, coordination and support for child protection in the socio-economic, cultural and pastoral reflection of all Catholic institutions.

The Episcopal Conference of Malawi (ECM) Bishop Chairman, His Grace Thomas Luke Msusa said at the launch that the policy will contribute to fulfilling the Church mission in creating awareness and empowerment of people at grassroots to undertake development that is sensitive to children’s welfare in order to make sure that children are protected in all spheres.

The policy contains issues of child care, justice, protection and dignity of the children and an assurance that the rights of a child are protected in accordance with the Gospel values of Jesus Christ.

It also recognizes different forms of child abuse including sexual, physical, emotional, neglect, negligent, child labour among others that persist in Malawi society.

Msusa said the Church is through the policy set to advance child protection issues in all its instutitions as a matter of urgency by ensuring that Church activities become sensitive to Child Protection issues "in fulfillment of Christ’s evangelization mission of love and justice.”

He mentioned that as the country continues to experience a lot of heinous crimes against children that includes: early marriages; the unimaginable rape cases in courts; the child trafficking cases and the abduction of people with albinism, the Church is convinced that the Policy “is timely intervention”

He said the Policy will complement government’s interventions to curb child abuse and urged everyone to take active role and support implementation of the Policy for full realization of tangible strides.

“As Church we shall continue to mainstream protection in all our spheres of work… we also wish to challenge all our cooperating partners and Government as well to join hands in programming to advance safeguarding issues.

Together let us design our programmes so as to tackle child abuse cases holistically and bridge the gaps that exist in this area.” He said

His Grace Msusa also called upon Government to seriously priorities review of some of the documents guiding child care as well as effective implementation of the 2010 Child Care Justice and Protection Act. He added; “We urge all responsible authorities to be proactive and take swift action on reporting issues to do with child abuse.” 

The Catholic Bishop Chairman further asked Malawians to reject and denounce the evil social morals that perpetuate violence and abuse and cause moral decadence. But emphasized the need to uphold only positive cultural norms that present a brighter future for the nation.

"I am at pains to accept the deep rooted systems in our country that perpetrate child abuse. Undeniably there are some harmful cultural practices that we must all join hands to eradicate as they are counter to Gospel values that we profess.” Said Msusa

Kaliati

Meawhile, Minister of Gender, Children, Disability and Social Welfare who was present at the occasion of the launch on Thursday at Msamba Parish in Lilongwe, thanked the Church for its continued efforts in complementing Government efforts in ending Child Abuse.

"We are really very grateful that our Catholic Bishops have taken this positive. This Policy will complement the Government Policies.

Kaliati

We are very sure that with this policy we are going to reduce violence against our children because a lot of people will be aware of the child rights and to know the importance of taking care of the children as well as consequences that follow if someone abuses the child” said Kaliati

According to Msusa, ECM developed the Policy to guide child care and safeguarding of children after long time reflection on the status the children, and the future of generation of the Church and country, in cognizance to country’s cultural and moral values and demand to embrace modern technology.

The developed Policy provides that Child Protection Office will work proactively with all Catholic institutions towards ensuring that reasonable measures are taken to minimize the risk of harm to children in church institutions, programmes and activities.

It also states that the Church will work proactively and reactively, responding to concerns and allegations of child abuse and liaising with all Catholic institutions to ensure that cases if child abuse are properly dealt with.

In Malawi, child abuse cases from 2013 statistics released by Ministry of Gender, Children, Disability and Social Welfare on the study on Violence against Children and Young Women indicates that half of Malawians aged 18 to 24 years and one third of Malawians aged 13 to 17 years reported witnessing violence in the home.

The Church is expected to take the Policy documents to all its institution across the country and every person taking care of the child will sign that they are going to safeguard the protection policy.

Public University Students Petition Parliament; Demands Adequate Funds For Loan Board

Students Union Leaders from Public Universities on Thursday afternoon delivered a Petition to Parliament, demanding for adequate funding for the newly established Higher Education Students Grants and Loan Board to enable it include more needy students to access to loans.


The Board’s national fiscal budget allocation is currently at K1.5 billion and has released names of beneficiaries.


However, Students Union Leadership says the number of beneficiaries is very small comparing to the situations on the ground at the colleges, left so many other deserving students so desperate for the help of the Malawi government for their education.

Hon Nyalonje (middle) 

Hon Nyalonje listening to the petition 

The petition which is only making three demands was presented to the Speaker through Vice Chairperson for the Education Committee of Parliament, Hon Agnes Nyalonje. 

Davis reading petition 

When reading the petition, Davis Jiva, Secretary General for the Students Union at the University of Malawi Polytechnic said the Students Union Leadership wants government to double the budget allocated to the Board so that a lot of needy students are able to access to the loan.

He also indicated that, due to inadequate funds at the Board, a good number of students on the list of beneficiaries have been underfunded. 

"Some students have just been given fees only but lacking stipend (money for food and accommodation). Statistically, the Malawi polytechnics with a population of about 3,000 only 96 have been allocated with up-keep allowance; Chancellor College with a population of 4,500, only 90 students have been allocated stipend." He said 

He explains; "For example, tuition fee at University of Malawi is K275 thousand, some students have been given K165 thousand as tuition fee. So the question is where would the needy student going to get the remaining money to pay for the tuition fee?"

Other two demands in their petition, the students wants to be consulted and involved to allow the Board to understand some of the in depth understanding of the students and that there should be a review of the Higher Education Students Grants and Loan Board Act to provide a section where the role of students unions should be clearly stated.

The petition also observe that the Board has released the names of the beneficiaries without seeking consultation and that there is no communication on the date to which loans will be disbursed to individual applicant a delay which is causing some students to be withdrawn from the colleges.

"For example, a student from LUANAR whose mother's source of income is kachasu, withdrew from university because she could not meet costs for accommodation, meals and tuition." Reads the petition

Students Union Leadership demands the National Assembly to work on their petition within 2 weeks so that needy students are not subjected to 'no fees no registration' policy.

Receiving the petition Vice Chairperson for the Education Committee of Parliament, Hon Agnes Nyalonje promised to deliver the letter to Speaker and help the students on their grievance.

The Petition has jointly been signed by University of Malawi Students Union Council, Mzuzu University Students Representative Council, Lilongwe University Agriculture and Natural Resources Students Union and Malawi University of Science and Technology Students Union.

Government abolished stipends to all public universities and introduced Higher Education Students Loan and Grants Board where students can apply for the tuition, stationary and upkeep allowance. However, the Board admitted that due to limited funding it will be difficult to consider all applicants for the Loans and Grants.

Malata, Cement Subsidies Form Of Dependency

Lazarus Chakwera

Leader of Opposition in Parliament attacks Malata and Cement Subsidy programme pursued by Democratic Progressive Party (DPP) Government as unsound plan which make citizens dependent to Government.

The Malawi Congress Party (MCP) president said Malawians do not deserve better housing, but there is a better way to increase access to such amenities. 

Chakwera mentioned that his Malawi Congress Party (MCP) believe that the best way to improve living standards and conditions is to increase the capacity of Malawians through private sector jobs and businesses that generate enough income for them to build their own houses. 

He said current subsidy is one way of encouraging citizens overdependence on Government which encourages consumption capacity instead of building productive capacity to generate adequate revenues in future.

"Mr. Speaker Sir, instead of building productive capacity to generate adequate revenues in future, the Executive is busy building consumption capacity – continuing with its expansion of such consumption avenues as the Malata and Cement Subsidy.” He said

“Who in their right mind increases consumption when productivity is shrinking? Besides, when are we going to open our eyes to see that knee-jerk subsidy programs are the most vulnerable to abuse?" Said Chakwera in his response to the State of the National Address 

He went on; "No President can say in one breath that the Government needs to move away from dependency on donors and at the same time sink Malawians deeper into dependency on Government subsidies. Malawi does not need a President who invents new ways to spend Malawians‟ money, but one who creates new ways for Malawians to create wealth which they can spend as they see fit. How can this president administer a cure for our economic ills if he is unable to see that dependency on subsidies is part of the sickness? How can Malawians be engaged in activities that grow the economy when he is busy deepening their sense of dependency?"

Chakera also questions criteria of selecting 80 beneficiaries in the programme per constituency, parameters used among others.

"Mr Speaker Sir, the President said that 80 beneficiaries in the Malata and Cement Subsidy have been identified per constituency in all the 193 constituencies. Many questions arise: What were the criteria for selecting the beneficiaries? What parameters did they use? Who selected those beneficiaries? Hindsight teaches us that these kinds of programs are ill advised, ill-devised, and ill-executed."

    

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