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."

    

Posted via Blogaway

ARET, Chitedze Research De-linked From LUANAR

The National Assembly passes the bill detaching Agriculture Research Trust (ARET) and Chitedze Research Station from the Lilongwe University oAgriculture and Natural Resources (LUANAR).

The two delinked institutions and the two colleges of Bunda College of Agriculture and Natural Resources College were joined during Bingu Wa Mutharika administration forming Lilongwe University of Agriculture and Natural Resources (LUANAR).

Minister of Agriculture Irrigation and Water Development, Allan Chiyembekeza said during the Second Reading of the Bill 'Lilongwe University of Agriculture and Natural Resources (Amendment)', that excluding the two institutions from forming LUANAR the country stands to benefit more.  

"Despite delinking of Chitedze and ARET from LUANAR, there will be strong collaboration between these two institutions and LUANAR on research technology, dissemination as well as teaching.

Staff from these institutions should be allowed to teach at LUANAR, conduct research and supervising research but with agreed time allocations and associated rewards while retaining their core functions over bride research to address national agricultural research problems." Said Chiyembekeza

He further told the house that the amended legislation apart from enabling ARET and Chitedze Research Station maintain their identities and core functions, said ARET will return its mandate of promoting tobacco production and remain as a centre of excellence for tobacco and no loss of jobs at both institutions;

"Government control of the National Agriculture Research Agenda will be maintained, the cost of relocating Regulatory and Technical the functions from Chitedze Research Station and ARET and Re-orientation of the other research stations will be avoided and the future of the international Agriculture Research Centres that are based at Chitedze Research Station will also be ensured." he added

The minister mentioned that integrating Chitedze Research Station into LUANAR would have brought more negative implications which includes: loss of Government control of the National Agriculture Research Agenda; High cost of relocating Regulatory, Technical and the Advisory functions from Chitedze; 

“Shifting priority for Agriculture Research, re-orientation of the rest of the research stations in the ministry, uncertainty over the livestock of research and infrastructure and uncertainty over the future on the international agriculture research centres that are housed at Chitedze Research centre." He said

The minister also noted that Government created ARET as the model for Public Private Partnership which the country needs to learn from and replicate to continue championing in the production of tobacco in this country.

Responding to the bill, the Malawi Congress Party (MCP) spokesperson on Agriculture, Felix Jumbe made no objection to the provisions in the bill.

However, Jumbe said; "Including Chitedze in LUANAR it was a quite an anomaly. We would rather wish Chitedze become a Commission and excluded from Ministry of Agriculture"

Similarly, People's Party (PP) shadow Minister of Agriculture, Dr. James Munthali supported the bill but taunted the Democratic Progressive Party (DPP) Government for making a u-turn over the decision it made some years ago.

ARET was established in 1995 through a Trust deed with the ministry of Agriculture, Irrigation and Water Development and Tobacco Association of Malawi (TAMA) as donors and trustees. TAMA and some stakeholders in the tobacco industry resisted the integration of ARET into LUANAR.

PP Contemplating Coalition With MCP: Claims To Have Solutions For Malawi Economic, Governance Problems

Uladi Mussa; no problem working with MCP

Leader of Peoples Party (PP) Uladi Mussa says his party and Malawi Congress Party (MCP) poses much needed expertise to rebound current state of economy and good governance lacking in current administration.

Mussa who stood to speak on behalf of his party in the National Assembly challenged that given chance to rule PP and MCP can turn round the current problems in a month or three. 

However, inclusion of MCP in his speech was surprising as this did not contain in his written speech. 

If that was not enough, Mussa for several times also sounded that PP is planning to join forces with MCP come 2019 elections when he ended PP response to President Peter Mutharika’s State of the National Address with declaration that PP and MCP will make good government come 2019.

Asked to elaborate more on expertise he referred to in his speech Mussa said PP and MCP are the only political parties that have experienced people when it comes to governing this country.

“Definitely, both parties are full of experienced people!” he said

“The problem we are facing now is because of lack of expertise and experience. When Bingu came in, he hired ministers of Muluzi and new ones. And when Joyce Banda came to power, he also did the same by hiring Bingu Wa Mutharika Ministers and new ones. But this one (Peter Mutharika) has just taken new ones from their party.” He explained 

On his pronouncement which sounds PP and MCP are working together readiness for the 2019 General Elections, Mussa said “I don’t see any reason or harm that PP and MCP working together. And more over Malawi is a small country and I don’t see any necessity of having over 50 parties working in this country so we need to work together, we need to amalgamate and map way forward for the country.”

"Actually you journalists must encourage party coalitions" he added

Among others, Uladi also warned during his speech that his party is ready to take to court Government over the alleged plans to introduce fees in primary schools.

“We have heard that Government intends to introduce fees in the primary school up to K5000 per pupil which is very, very exorbitant and parents in villages cannot afford that. Peoples Party is wondering why this government is going against the Constitution of Malawi [Section 13 (f)] and introducing primary school fees. If this DPP Government continues with primary school fees, PP is ready to challenge that in court because it is against Constitution which guarantees free primary education”

He added that their lawyer Ralph Mhone and others are ready to to take the matter to court.