| MALAWI Republic of Malawi Dziko la Malawi Joined United Nations: 1 December 1964 Human Rights as assured by their constitution Click here Updated 05/31/10 |
| CAPITAL |
| POPULATION |
| CHIEF OF STATE |
| SELECTION PROCESS |
Lilongwe
15,447,500
note: estimates for this country explicitly take into account the effects of excess
mortality due to AIDS; this can result in lower life expectancy, higher infant
mortality and death rates, lower population and growth rates, and changes in the
distribution of population by age and sex than would otherwise be expected (July
2010 est.)
note: estimates for this country explicitly take into account the effects of excess
mortality due to AIDS; this can result in lower life expectancy, higher infant
mortality and death rates, lower population and growth rates, and changes in the
distribution of population by age and sex than would otherwise be expected (July
2010 est.)
Bingu wa Mutharika
President since 24 May 2004
President since 24 May 2004
President and Vice President elected on the same ticket by
popular vote for a five-year term (eligible for a second term);
election last held 19 May 2009
Next scheduled election: May 2014
popular vote for a five-year term (eligible for a second term);
election last held 19 May 2009
Next scheduled election: May 2014
HEAD OF GOVERNMENT
Joyce Hilda Banda
Vice President since 01 May 2009
Vice President since 01 May 2009
The president is both chief of state and head of government
| DECLARATION OF HUMAN RIGHTS |
| ETHNIC GROUPS |
Chewa, Nyanja, Tumbuka, Yao, Lomwe, Sena, Tonga, Ngoni, Ngonde, Asian, European
| RELIGIONS |
Christian 79.9%, Muslim 12.8%, other 3%, none 4.3% (1998 census)
| GOVERNMENT STRUCTURE |
Multiparty democracy comprised of 27 districts ; Legal system is based on English common law and customary law;
judicial review of legislative acts in the Supreme Court of Appeal; accepts compulsory ICJ jurisdiction, with
reservations
Executive: President and Vice President elected on the same ticket by popular vote for a five-year term (eligible for
a second term); election last held 19 May 2009 (next to be held in May 2014)
Legislative: Unicameral National Assembly (193 seats; members elected by popular vote to serve five-year terms)
elections: last held 19 May 2009 (next to be held May 2014)
Judicial: Supreme Court of Appeal; High Court (chief justice appointed by the president, puisne judges appointed
on the advice of the Judicial Service Commission); magistrate's courts
judicial review of legislative acts in the Supreme Court of Appeal; accepts compulsory ICJ jurisdiction, with
reservations
Executive: President and Vice President elected on the same ticket by popular vote for a five-year term (eligible for
a second term); election last held 19 May 2009 (next to be held in May 2014)
Legislative: Unicameral National Assembly (193 seats; members elected by popular vote to serve five-year terms)
elections: last held 19 May 2009 (next to be held May 2014)
Judicial: Supreme Court of Appeal; High Court (chief justice appointed by the president, puisne judges appointed
on the advice of the Judicial Service Commission); magistrate's courts
| LANGUAGES |
Chichewa 57.2% (official), Chinyanja 12.8%, Chiyao 10.1%, Chitumbuka 9.5%, Chisena 2.7%, Chilomwe 2.4%,
Chitonga 1.7%, other 3.6% (1998 census)
Chitonga 1.7%, other 3.6% (1998 census)
| BRIEF HISTORY |
| ECONOMIC OVERVIEW |
Landlocked Malawi ranks among the world's most densely populated and least developed countries. The economy
is predominately agricultural with about 85% of the population living in rural areas. Agriculture accounts for more
than one-third of GDP and 90% of export revenues. The performance of the tobacco sector is key to short-term
growth as tobacco accounts for more than half of exports. The economy depends on substantial inflows of economic
assistance from the IMF, the World Bank, and individual donor nations. In 2006, Malawi was approved for relief
under the Heavily Indebted Poor Countries (HIPC) program. In December 2007, the US granted Malawi eligibility
status to receive financial support within the Millennium Challenge Corporation (MCC) initiative. The government
faces many challenges including developing a market economy, improving educational facilities, facing up to
environmental problems, dealing with the rapidly growing problem of HIV/AIDS, and satisfying foreign donors that
fiscal discipline is being tightened. Since 2005 President MUTHARIKA'S government has exhibited improved
financial discipline under the guidance of Finance Minister Goodall GONDWE and signed a three year Poverty
Reduction and Growth Facility worth $56 million with the IMF. Improved relations with the IMF lead other
international donors to resume aid as well. In 2009, however, Malawi has experienced some setbacks, including a
general shortage of foreign exchange, which has damaged its ability to pay for imports. Investment fell 23% in 2009.
The government has failed to address barriers to investment such as unreliable power, water shortages, poor
telecommunications infrastructure, and the high costs of services.
Source: CIA World Factbook (select Malawi)
is predominately agricultural with about 85% of the population living in rural areas. Agriculture accounts for more
than one-third of GDP and 90% of export revenues. The performance of the tobacco sector is key to short-term
growth as tobacco accounts for more than half of exports. The economy depends on substantial inflows of economic
assistance from the IMF, the World Bank, and individual donor nations. In 2006, Malawi was approved for relief
under the Heavily Indebted Poor Countries (HIPC) program. In December 2007, the US granted Malawi eligibility
status to receive financial support within the Millennium Challenge Corporation (MCC) initiative. The government
faces many challenges including developing a market economy, improving educational facilities, facing up to
environmental problems, dealing with the rapidly growing problem of HIV/AIDS, and satisfying foreign donors that
fiscal discipline is being tightened. Since 2005 President MUTHARIKA'S government has exhibited improved
financial discipline under the guidance of Finance Minister Goodall GONDWE and signed a three year Poverty
Reduction and Growth Facility worth $56 million with the IMF. Improved relations with the IMF lead other
international donors to resume aid as well. In 2009, however, Malawi has experienced some setbacks, including a
general shortage of foreign exchange, which has damaged its ability to pay for imports. Investment fell 23% in 2009.
The government has failed to address barriers to investment such as unreliable power, water shortages, poor
telecommunications infrastructure, and the high costs of services.
Source: CIA World Factbook (select Malawi)
| POLITICAL CLIMATE |
Under the 1995 constitution, the president, who is both chief of state and head of the government, is chosen through
universal direct suffrage every 5 years. Malawi has a vice president who is elected with the president. The president
has the option of appointing a second vice president, who must be from a different party. The members of the
presidentially appointed cabinet can be drawn from either within or outside of the legislature. Bakili Muluzi was
president from 21 May 1994 to May 2004, having won reelection in 2000 with 51.4% of the vote to leading
challenger Gwandaguluwe Chakuamba's 44.3% for the MCP-AFORD party. In the 2004 election Bingu wa
Mutharika defeated Chakuamba by a ten point margin.
A general election was held in Malawi on 19 May 2009. President Bingu wa Mutharika was running for re-election;
his main opponent was John Tembo, the President of the Malawi Congress Party (MCP). Five other candidates also
ran. The election was won by Mutharika, who was re-elected to the presidency with around two-thirds of the vote.
Mutharika's DPP also won a strong parliamentary majority.[3]
On the day of the election, Joy Radio, which is owned by UDF Chairman Bakili Muluzi, was closed by the police
after it broadcast a satire that lampooned Mutharika. Two of the station's presenters and a technician were arrested.
The Malawi Electoral Commission declared that Bingu wa Mutharika had won the presidential election on 21 May
2009, after 93% of votes had been counted. Mutharika gained 2.7 million votes with John Tembo, his nearest rival,
winning 1.2 million. Tembo alleged that the government had committed electoral fraud with opposition poll agents
being denied access to the vote counting centres. An EU observation team also noted that state television had failed
to be neutral during the election campaigns, supporting the government.
Sources: Wikipedia: Politics of Malawi; Wikipedia: Malawian general election, 2009
universal direct suffrage every 5 years. Malawi has a vice president who is elected with the president. The president
has the option of appointing a second vice president, who must be from a different party. The members of the
presidentially appointed cabinet can be drawn from either within or outside of the legislature. Bakili Muluzi was
president from 21 May 1994 to May 2004, having won reelection in 2000 with 51.4% of the vote to leading
challenger Gwandaguluwe Chakuamba's 44.3% for the MCP-AFORD party. In the 2004 election Bingu wa
Mutharika defeated Chakuamba by a ten point margin.
A general election was held in Malawi on 19 May 2009. President Bingu wa Mutharika was running for re-election;
his main opponent was John Tembo, the President of the Malawi Congress Party (MCP). Five other candidates also
ran. The election was won by Mutharika, who was re-elected to the presidency with around two-thirds of the vote.
Mutharika's DPP also won a strong parliamentary majority.[3]
On the day of the election, Joy Radio, which is owned by UDF Chairman Bakili Muluzi, was closed by the police
after it broadcast a satire that lampooned Mutharika. Two of the station's presenters and a technician were arrested.
The Malawi Electoral Commission declared that Bingu wa Mutharika had won the presidential election on 21 May
2009, after 93% of votes had been counted. Mutharika gained 2.7 million votes with John Tembo, his nearest rival,
winning 1.2 million. Tembo alleged that the government had committed electoral fraud with opposition poll agents
being denied access to the vote counting centres. An EU observation team also noted that state television had failed
to be neutral during the election campaigns, supporting the government.
Sources: Wikipedia: Politics of Malawi; Wikipedia: Malawian general election, 2009
| INTERNATIONAL DISPUTES |
Disputes with Tanzania over the boundary in Lake Nyasa (Lake Malawi) and the meandering Songwe River remain
dormant
dormant
| TRAFFICKING IN PERSONS |
| ILLICIT DRUGS |
None reported.
None reported.
| HUMAN RIGHTS STATEMENTS, ANALYSIS AND CRITIQUES |
2009 Human Rights Report: Malawi
Bureau of Democracy, Human Rights, and Labor
2009 Country Reports on Human Rights Practices
March 11, 2010
Malawi is a multiparty democracy with a population of approximately 13 million. In May Bingu wa Mutharika of the Democratic
Progressive Party (DPP) was reelected president. International observers noted that the elections were an improvement compared
with the 2004 elections and that they were conducted in a free and fair manner. Constitutional power is shared between the
president and the 193 national assembly members. Civilian authorities generally maintained effective control of the security forces.
The government generally respected the human rights of its citizens; however, there were problems in some areas, including:
Bureau of Democracy, Human Rights, and Labor
2009 Country Reports on Human Rights Practices
March 11, 2010
Malawi is a multiparty democracy with a population of approximately 13 million. In May Bingu wa Mutharika of the Democratic
Progressive Party (DPP) was reelected president. International observers noted that the elections were an improvement compared
with the 2004 elections and that they were conducted in a free and fair manner. Constitutional power is shared between the
president and the 193 national assembly members. Civilian authorities generally maintained effective control of the security forces.
The government generally respected the human rights of its citizens; however, there were problems in some areas, including:
- police use of excessive force, although the government made some efforts to prosecute abusers;
- occasional mob violence;
- harsh and life-threatening prison conditions;
- impunity; arbitrary arrest and detention;
- lengthy pretrial detention;
- limits on freedom of speech and the press;
- official corruption;
- societal violence against women;
- trafficking in persons;
- child labor.
5 February 2010
Committee on the Elimination of Discrimination against Women
Forty-fifth session
18 January-5 February 2010
Concluding observations of the Committee on the Elimination of Discrimination against Women
Malawi
Introduction
2. The Committee expresses its appreciation to the State party for its sixth periodic report, which followed the Committee’s
guidelines for the preparation of reports and which provided clear insights into the situation of women in Malawi. The Committee
also expresses its appreciation for the written replies to the list of issues and questions raised by the pre-session working group and
for the oral presentation and responses to the questions posed by the Committee.
Positive aspects
4. The Committee notes with appreciation the timely submission of the sixth periodic report of the State party, which was prepared
through a participatory process involving Government bodies and civil society, including networks and organizations representing
women’s interests.
5. The Committee welcomes the very self-critical nature of the State party’s report, which not only mentions the progress achieved
but also identifies the difficulties encountered and makes recommendations for further actions.
Principal areas of concern and recommendations
6. While recalling the State party’s obligation to systematically and continuously implement all the provisions of the Convention, the
Committee views the concerns and recommendations identified in the present concluding observations as requiring the priority
attention of the State party prior to the submission of the next periodic report. Consequently, the Committee calls upon the State
party to focus on those areas in its implementation activities and to report on the action taken and the results achieved in its next
periodic report. It also calls upon the State party to submit the present concluding observations to all relevant ministries, other
government structures at all levels, Parliament and the judiciary in order to ensure their effective implementation.
Parliament
7. While reaffirming that the Government has the primary responsibility and is particularly accountable for the full implementation
of the State party’s obligations under the Convention, the Committee stresses that the Convention is binding on all branches of
Government and invites the State party to encourage its national Parliament, in line with its mandate and procedures, where
appropriate, to take the necessary steps with regard to the implementation of these concluding observations and the Government’s
next reporting process under the Convention.
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Committee on the Elimination of Discrimination against Women
Forty-fifth session
18 January-5 February 2010
Concluding observations of the Committee on the Elimination of Discrimination against Women
Malawi
Introduction
2. The Committee expresses its appreciation to the State party for its sixth periodic report, which followed the Committee’s
guidelines for the preparation of reports and which provided clear insights into the situation of women in Malawi. The Committee
also expresses its appreciation for the written replies to the list of issues and questions raised by the pre-session working group and
for the oral presentation and responses to the questions posed by the Committee.
Positive aspects
4. The Committee notes with appreciation the timely submission of the sixth periodic report of the State party, which was prepared
through a participatory process involving Government bodies and civil society, including networks and organizations representing
women’s interests.
5. The Committee welcomes the very self-critical nature of the State party’s report, which not only mentions the progress achieved
but also identifies the difficulties encountered and makes recommendations for further actions.
Principal areas of concern and recommendations
6. While recalling the State party’s obligation to systematically and continuously implement all the provisions of the Convention, the
Committee views the concerns and recommendations identified in the present concluding observations as requiring the priority
attention of the State party prior to the submission of the next periodic report. Consequently, the Committee calls upon the State
party to focus on those areas in its implementation activities and to report on the action taken and the results achieved in its next
periodic report. It also calls upon the State party to submit the present concluding observations to all relevant ministries, other
government structures at all levels, Parliament and the judiciary in order to ensure their effective implementation.
Parliament
7. While reaffirming that the Government has the primary responsibility and is particularly accountable for the full implementation
of the State party’s obligations under the Convention, the Committee stresses that the Convention is binding on all branches of
Government and invites the State party to encourage its national Parliament, in line with its mandate and procedures, where
appropriate, to take the necessary steps with regard to the implementation of these concluding observations and the Government’s
next reporting process under the Convention.
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FREEDOM IN THE WORLD REPORT- 2010
Political Rights Score: 3
Civil Liberties Score: 4
Status: Partly Free
Ratings Change
Malawi’s political rights rating improved from 4 to 3 due to a fairer and more competitive presidential election in 2009,
greater electoral participation by women, and women’s subsequent representation in governing institutions.
Overview
In the May 2009 presidential and parliamentary elections, President Bingu wa Mutharika and his Democratic Progressive Party
secured comfortable victories. Observers noted that the polls were more fair and competitive than in previous years, though
incumbents enjoyed certain advantages, including positive coverage from government-run media outlets. While the climate for the
judiciary improved during the year, the government failed to address ongoing corruption and bias in state-run media.
Despite predictions that Muluzi would emerge as Mutharika’s primary challenger for the May 2009 presidential contest, the Malawi
Electoral Commission (MEC) in March rejected Muluzi’s candidacy on the grounds that the two-term limit outlined in the
constitution proscribed him from standing again. After a court ruling upheld the MEC decision, Muluzi and the UDF formed an
alliance with the head of the MCP, John Tembo, and backed his candidacy for the presidency. Mutharika ran a highly effective
cross-regional campaign focused on his provision of public goods, defeating Tembo with approximately 66 percent of the vote. In
concurrent parliamentary elections, Mutharika’s DPP won a total of 112 seats in the 193-seat legislature; the MCP took 26, and the
UDF captured 17, leaving independent candidates and smaller parties with the remaining seats. Reflecting the dominance of the
governing party, parliament has proved a more effective governing partner, as witnessed in the easy passage of legislation in the
aftermath of the elections.
According to international and domestic election observers, the 2009 polls were more free and competitive than in previous years.
Despite isolated instances of violence between party supporters, candidates enjoyed a more open campaign environment, polling
day was peaceful, and there was little post-election turmoil. However, incumbents had a clear advantage due to the use of state
resources during the campaign period and a clear bias on government-controlled media outlets. In addition, irregularities in
parliamentary races led to legal challenges after the announcement of results.
International donors, which account for 80 percent of Malawi’s development budget, have widely applauded economic
management under the Mutharika administration. In December 2007, the United States announced Malawi’s eligibility for financial
support under the Millennium Challenge Corporation (MCC) initiative. Separately, the IMF approved a $77.2 Million Exogenous
Shocks Facility for Malawi in late 2008, making it the first country to receive funds under the facility. While relations with
international financial institutions have been positive, President Mutharika criticized their policies in November 2009, claiming that
they had contributed to foreign exchange shortages in the country. Dramatic improvements in agricultural output, partially credited
to a popular fertilizer subsidy program, have helped the country to achieve solid economic growth rates over the last few years.
The economy grew at a rate of 5.9 percent in 2009.
Click here to read more »
Political Rights Score: 3
Civil Liberties Score: 4
Status: Partly Free
Ratings Change
Malawi’s political rights rating improved from 4 to 3 due to a fairer and more competitive presidential election in 2009,
greater electoral participation by women, and women’s subsequent representation in governing institutions.
Overview
In the May 2009 presidential and parliamentary elections, President Bingu wa Mutharika and his Democratic Progressive Party
secured comfortable victories. Observers noted that the polls were more fair and competitive than in previous years, though
incumbents enjoyed certain advantages, including positive coverage from government-run media outlets. While the climate for the
judiciary improved during the year, the government failed to address ongoing corruption and bias in state-run media.
Despite predictions that Muluzi would emerge as Mutharika’s primary challenger for the May 2009 presidential contest, the Malawi
Electoral Commission (MEC) in March rejected Muluzi’s candidacy on the grounds that the two-term limit outlined in the
constitution proscribed him from standing again. After a court ruling upheld the MEC decision, Muluzi and the UDF formed an
alliance with the head of the MCP, John Tembo, and backed his candidacy for the presidency. Mutharika ran a highly effective
cross-regional campaign focused on his provision of public goods, defeating Tembo with approximately 66 percent of the vote. In
concurrent parliamentary elections, Mutharika’s DPP won a total of 112 seats in the 193-seat legislature; the MCP took 26, and the
UDF captured 17, leaving independent candidates and smaller parties with the remaining seats. Reflecting the dominance of the
governing party, parliament has proved a more effective governing partner, as witnessed in the easy passage of legislation in the
aftermath of the elections.
According to international and domestic election observers, the 2009 polls were more free and competitive than in previous years.
Despite isolated instances of violence between party supporters, candidates enjoyed a more open campaign environment, polling
day was peaceful, and there was little post-election turmoil. However, incumbents had a clear advantage due to the use of state
resources during the campaign period and a clear bias on government-controlled media outlets. In addition, irregularities in
parliamentary races led to legal challenges after the announcement of results.
International donors, which account for 80 percent of Malawi’s development budget, have widely applauded economic
management under the Mutharika administration. In December 2007, the United States announced Malawi’s eligibility for financial
support under the Millennium Challenge Corporation (MCC) initiative. Separately, the IMF approved a $77.2 Million Exogenous
Shocks Facility for Malawi in late 2008, making it the first country to receive funds under the facility. While relations with
international financial institutions have been positive, President Mutharika criticized their policies in November 2009, claiming that
they had contributed to foreign exchange shortages in the country. Dramatic improvements in agricultural output, partially credited
to a popular fertilizer subsidy program, have helped the country to achieve solid economic growth rates over the last few years.
The economy grew at a rate of 5.9 percent in 2009.
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Malawian couple sentenced to 14 years hard labour for 'gross indecency'
20 May 2010
The fourteen year sentence imposed on a Malawian couple convicted of "gross indecency" and "unnatural acts" is an outrage,
Amnesty International said on Thursday.
Steven Monjeza and Tiwonge Chimbalanga were arrested by police on 28 December 2009 in Blantyre, two days after holding an
engagement ceremony in the southern city’s Chirimba township.
"This sentence sends a strong and unacceptable message that discrimination is legally justified in the Malawi justice system." said
Michelle Kagari, deputy Africa programme director at Amnesty International.
"Steven Monjeza and Tiwonge Chimbalanga should never have been arrested or prosecuted. That they have been sentenced to 14
years of hard labour is an outrage."
The defendants have reportedly been subjected to torture and other ill-treatment. They told their lawyers that they were beaten by
police while in custody.
"We will continue to campaign on this matter and work tirelessly to see that they are released unconditionally and as soon as
possible," said Michelle Kagari.
Amnesty International adopted the couple as prisoners of conscience and has repeatedly called for their immediate and
unconditional release.
Criminalization of individuals on the basis of their real or perceived sexual orientation or gender identity is banned under treaties
ratified by Malawi, including the International Covenant on Civil and Political Rights, the African Charter on Human and Peoples’
Rights and the Malawian Constitution.
These treaties obligate Malawi to respect and protect freedom from discrimination, freedom of conscience, expression and right to
privacy – human rights that Malawi has violated with this judgement.
Click here to read more »
20 May 2010
The fourteen year sentence imposed on a Malawian couple convicted of "gross indecency" and "unnatural acts" is an outrage,
Amnesty International said on Thursday.
Steven Monjeza and Tiwonge Chimbalanga were arrested by police on 28 December 2009 in Blantyre, two days after holding an
engagement ceremony in the southern city’s Chirimba township.
"This sentence sends a strong and unacceptable message that discrimination is legally justified in the Malawi justice system." said
Michelle Kagari, deputy Africa programme director at Amnesty International.
"Steven Monjeza and Tiwonge Chimbalanga should never have been arrested or prosecuted. That they have been sentenced to 14
years of hard labour is an outrage."
The defendants have reportedly been subjected to torture and other ill-treatment. They told their lawyers that they were beaten by
police while in custody.
"We will continue to campaign on this matter and work tirelessly to see that they are released unconditionally and as soon as
possible," said Michelle Kagari.
Amnesty International adopted the couple as prisoners of conscience and has repeatedly called for their immediate and
unconditional release.
Criminalization of individuals on the basis of their real or perceived sexual orientation or gender identity is banned under treaties
ratified by Malawi, including the International Covenant on Civil and Political Rights, the African Charter on Human and Peoples’
Rights and the Malawian Constitution.
These treaties obligate Malawi to respect and protect freedom from discrimination, freedom of conscience, expression and right to
privacy – human rights that Malawi has violated with this judgement.
Click here to read more »
Malawi: “Marriage Trial” Threatens Rights
End Persecution over Sexual Orientation and Gender Identity
April 2, 2010
(New York) - The attempt to convict two people whom the government accuses of breaking laws against homosexual conduct
after they went through an engagement ceremony violates basic freedoms on the grounds of sexual orientation and gender identity,
Human Rights Watch said in a letter to Malawian authorities. Human Rights Watch called on the prosecutors to drop all charges
against Tiwonge Chimbalanga and Steven Monjeza and on the government to reaffirm its commitment to all Malawians' right to
equality, privacy, and dignity.
"The case against Tiwonge Chimbalanga and Steven Monjeza is an affront to essential principles of non-discrimination and
equality," said Dipika Nath, researcher in the Lesbian, Gay, Bisexual, Transgender (LGBT) Rights Program at Human Rights
Watch. "It singles out two people as criminals simply because they love each other."
Chimbalanga, age 20, and Monjeza, 26, were arrested on December 28, 2009, following media coverage of their traditional
engagement ceremony in Blantyre on December 26. They were charged under sections 153 ("unnatural offences") and 156
("indecent practices between males") of Malawi's criminal code. They have been in custody since then, first at the Blantyre police
station and then at Chichri prison, also in Blantyre. The men told their lawyers that they were beaten by officers at the police station
to try to make them confess to having engaged in homosexual conduct and being in a homosexual relationship.
Both the magistrate's court in Blantyre and the High Court denied their request for bail. The latter claimed that the two needed to be
incarcerated for "their own safety." An appeal to have the matter moved to the Constitutional Court was also rejected. Chimbalanga
was subjected to a medical examination, without consent, at Queen Elizabeth hospital on January 6, 2010, with the aim of
establishing whether Chimbalanga had had sexual relations with males and to establish Chimbalanga's gender. On January 7, both
Chimbalanga and Monjeza were subjected - again without their consent - to psychiatric evaluation at Zomba Mental Hospital in
Zomba city.
Their trial began at Blantyre Magistrate's Court on January 11, and the prosecution concluded its case on March 22. Among the
witnesses were the police officials who arrested the two, Chimbalanga's employer, and witnesses to the engagement ceremony.
The defense will present its case on April 6, and the verdict is expected soon after.
Click here to read more »
End Persecution over Sexual Orientation and Gender Identity
April 2, 2010
(New York) - The attempt to convict two people whom the government accuses of breaking laws against homosexual conduct
after they went through an engagement ceremony violates basic freedoms on the grounds of sexual orientation and gender identity,
Human Rights Watch said in a letter to Malawian authorities. Human Rights Watch called on the prosecutors to drop all charges
against Tiwonge Chimbalanga and Steven Monjeza and on the government to reaffirm its commitment to all Malawians' right to
equality, privacy, and dignity.
"The case against Tiwonge Chimbalanga and Steven Monjeza is an affront to essential principles of non-discrimination and
equality," said Dipika Nath, researcher in the Lesbian, Gay, Bisexual, Transgender (LGBT) Rights Program at Human Rights
Watch. "It singles out two people as criminals simply because they love each other."
Chimbalanga, age 20, and Monjeza, 26, were arrested on December 28, 2009, following media coverage of their traditional
engagement ceremony in Blantyre on December 26. They were charged under sections 153 ("unnatural offences") and 156
("indecent practices between males") of Malawi's criminal code. They have been in custody since then, first at the Blantyre police
station and then at Chichri prison, also in Blantyre. The men told their lawyers that they were beaten by officers at the police station
to try to make them confess to having engaged in homosexual conduct and being in a homosexual relationship.
Both the magistrate's court in Blantyre and the High Court denied their request for bail. The latter claimed that the two needed to be
incarcerated for "their own safety." An appeal to have the matter moved to the Constitutional Court was also rejected. Chimbalanga
was subjected to a medical examination, without consent, at Queen Elizabeth hospital on January 6, 2010, with the aim of
establishing whether Chimbalanga had had sexual relations with males and to establish Chimbalanga's gender. On January 7, both
Chimbalanga and Monjeza were subjected - again without their consent - to psychiatric evaluation at Zomba Mental Hospital in
Zomba city.
Their trial began at Blantyre Magistrate's Court on January 11, and the prosecution concluded its case on March 22. Among the
witnesses were the police officials who arrested the two, Chimbalanga's employer, and witnesses to the engagement ceremony.
The defense will present its case on April 6, and the verdict is expected soon after.
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ONE WORLD SAME DESTINY
STATEMENT BY HIS EXCELLENCY DR. BINGU WA MUTHARIKA PRESIDENT OF THE REPUBLIC OF MALAWI
TO THE SIXTY-FOURTH REGULAR SESSION OF THE UNITED NATIONS GENERAL ASSEMBLY
NEW YORK
24™ SEPTEMBER, 2009
Mr. President
The threat of climate change is real. I believe that the price for complacency will be much higher if we fail to act today.
For Africa and other developing countries we need to adequately address the issue of deforestation, environmental degradation and
agriculture productivity.
We need to act now.
Malawi is concerned that under the DOHA arrangements, industrialized nations continue to protect their industries against processed
and manufactured goods from Africa while insisting that the poor nations completely liberalize their economies.
Therefore, Malawi would like to see an international trading system that is fair and can enhance sustainable growth and development
in Africa and other developing countries. This is possible if the G8 countries are willing to engage in genuine dialogue to solve the
problems.
Let me conclude by stating that we also need a global dialogue on democracy, good governance, human rights, the rule of law and the
fight against terrorism in all its manifestations.
We also need new understanding on how developing nations can cope with the shocks of the global financial crises and escalating fuel
prices.
I believe that working together, all nations of the world, rich or poor, powerful and powerless, we can strengthen multilateralism and
dialogue for lasting international peace, security and development.
We live in one world. We have the same destiny.
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STATEMENT BY HIS EXCELLENCY DR. BINGU WA MUTHARIKA PRESIDENT OF THE REPUBLIC OF MALAWI
TO THE SIXTY-FOURTH REGULAR SESSION OF THE UNITED NATIONS GENERAL ASSEMBLY
NEW YORK
24™ SEPTEMBER, 2009
Mr. President
The threat of climate change is real. I believe that the price for complacency will be much higher if we fail to act today.
For Africa and other developing countries we need to adequately address the issue of deforestation, environmental degradation and
agriculture productivity.
We need to act now.
Malawi is concerned that under the DOHA arrangements, industrialized nations continue to protect their industries against processed
and manufactured goods from Africa while insisting that the poor nations completely liberalize their economies.
Therefore, Malawi would like to see an international trading system that is fair and can enhance sustainable growth and development
in Africa and other developing countries. This is possible if the G8 countries are willing to engage in genuine dialogue to solve the
problems.
Let me conclude by stating that we also need a global dialogue on democracy, good governance, human rights, the rule of law and the
fight against terrorism in all its manifestations.
We also need new understanding on how developing nations can cope with the shocks of the global financial crises and escalating fuel
prices.
I believe that working together, all nations of the world, rich or poor, powerful and powerless, we can strengthen multilateralism and
dialogue for lasting international peace, security and development.
We live in one world. We have the same destiny.
Click here to read more »
Malawi: Abuse of human rights continues
By Nyasa Times
Published: March 5, 2010
Human Rights Consultative Committee (HRCC) a grouping of 90-plus members working in the protection and promotion of good
governance, human rights and democracy in Malawi, has asked government of President Bingu wa Mutharika to end human rights
violations that have continued in the country since his re-election last year.
HRCC observes that here is continuous suppression of fundamental rights such as the arrests and intimidation of civil society
activists and the muzzling of the private media by the government from expressing their views on issues of national interest.
The watchdog said in a statement issued by its bosses Undule Mkwasungula and Mabvuto Bamusi.
Human rights defenders condemn the arrest of youth NGO leaders from Eye For Development (EFD) in Lilongwe for “simply
speaking against President Bingu Wa Mutharika’s remarks over criteria of choosing beneficiaries of the Youth Enterprise
Development Fund (YEDF).”
Police arrested Edward Chileka, Howard Jimu and Awonenji Chimera who criticised President Mutharika’s statement during a press
conference called by EFD, a nongovernmental organization.
“The three are said to have made the remarks on 24th February, 2010 at Lilongwe Hotel at an Assembly of more than three people
where they allegedly incited violence which could result into physical injury against DPP youth,” Police Prosecutor Assistant
Superintendent Christopher Katani told Lilongwe Magistrate Court.
Nyasa Times reported that deputy Minister of Information and Civic Education, Kingsley Namakhwa ordered head of Malawi
Institute of Journalism (MIJ) radio, Jika Nkolokosa to “come off air” in a live programme, a development which HRCC has also
condemned in the statement
“We are also shocked to hear that in this democratic era, government through the Ministry of Information and Civic Education
demanded a withdrawal of a running programme called ‘Democracy Forum’ on MIJ FM radio on 4th March, a programme which
was discussing and accommodating phone-ins on the National Flag issue,” reads the statement.
Click here to read more »
By Nyasa Times
Published: March 5, 2010
Human Rights Consultative Committee (HRCC) a grouping of 90-plus members working in the protection and promotion of good
governance, human rights and democracy in Malawi, has asked government of President Bingu wa Mutharika to end human rights
violations that have continued in the country since his re-election last year.
HRCC observes that here is continuous suppression of fundamental rights such as the arrests and intimidation of civil society
activists and the muzzling of the private media by the government from expressing their views on issues of national interest.
The watchdog said in a statement issued by its bosses Undule Mkwasungula and Mabvuto Bamusi.
Human rights defenders condemn the arrest of youth NGO leaders from Eye For Development (EFD) in Lilongwe for “simply
speaking against President Bingu Wa Mutharika’s remarks over criteria of choosing beneficiaries of the Youth Enterprise
Development Fund (YEDF).”
Police arrested Edward Chileka, Howard Jimu and Awonenji Chimera who criticised President Mutharika’s statement during a press
conference called by EFD, a nongovernmental organization.
“The three are said to have made the remarks on 24th February, 2010 at Lilongwe Hotel at an Assembly of more than three people
where they allegedly incited violence which could result into physical injury against DPP youth,” Police Prosecutor Assistant
Superintendent Christopher Katani told Lilongwe Magistrate Court.
Nyasa Times reported that deputy Minister of Information and Civic Education, Kingsley Namakhwa ordered head of Malawi
Institute of Journalism (MIJ) radio, Jika Nkolokosa to “come off air” in a live programme, a development which HRCC has also
condemned in the statement
“We are also shocked to hear that in this democratic era, government through the Ministry of Information and Civic Education
demanded a withdrawal of a running programme called ‘Democracy Forum’ on MIJ FM radio on 4th March, a programme which
was discussing and accommodating phone-ins on the National Flag issue,” reads the statement.
Click here to read more »
ACB probes former ombudsman – report
By Nyasa Times
Published: March 13, 2010
The Anti-Corruption Bureau (ACB) is investigating former Ombudsman Enock Chibwana for alleged undisclosed malpractice.
ACB director Alex Nampota confirmed to Malawi News that the graft busting body had opened a file on the former Ombudsman
whose contract expired last August.
“We have the file. We cannot disclose details of this investigation as doing so will compromise our investigations,” said Nampota.
The ACB probe on Chibwana is happening at a time when the Office of President and Cabinet (OPC) is also probing allegations of
abuse of office, favoritisim and nepotism that some of his officers had leveled against him through numerous letters to the Office
of the Chief Secretary.
A senior officer at OPC said that his office has instituted investigations into the matter to establish if there is any truth into the
issues leveled against the former Ombudsman who is yet to get a new contract.
“We are trying to establish whether it’s indeed true that the Ombudsman influenced the employment and promotion of some of the
officers especially female employees who are under-qualified and do not have the required minimum qualifications befitting their
positions.
“There are various other issues. This is a follow-up to the report that was carried on the Office of the Ombudsman. In fact,
Chibwana was already called to give his side of the story as part of the investigations,” said the source.
Secretary for Human Resource and Development, Sam Madula confirmed that the office of the Chief Secretary to the President and
Cabinet has been receiving numerous accusations against Chibwana that were also copied to his office.
But Madula said he was not aware that OPC was probing the matter and rather asked the reporter to contact the OPC secretary for
Administration, Charles Msosa who could not be reached on his mobile.
On his part, Chibwana said he was aware of the report by the OPC’s department of Human Resource and Development accusing
him of nepotism and other things but he described it as being malicious and departing from the terms of reference of developing a
training plan for the office of Ombudsman.
Click here to read more »
By Nyasa Times
Published: March 13, 2010
The Anti-Corruption Bureau (ACB) is investigating former Ombudsman Enock Chibwana for alleged undisclosed malpractice.
ACB director Alex Nampota confirmed to Malawi News that the graft busting body had opened a file on the former Ombudsman
whose contract expired last August.
“We have the file. We cannot disclose details of this investigation as doing so will compromise our investigations,” said Nampota.
The ACB probe on Chibwana is happening at a time when the Office of President and Cabinet (OPC) is also probing allegations of
abuse of office, favoritisim and nepotism that some of his officers had leveled against him through numerous letters to the Office
of the Chief Secretary.
A senior officer at OPC said that his office has instituted investigations into the matter to establish if there is any truth into the
issues leveled against the former Ombudsman who is yet to get a new contract.
“We are trying to establish whether it’s indeed true that the Ombudsman influenced the employment and promotion of some of the
officers especially female employees who are under-qualified and do not have the required minimum qualifications befitting their
positions.
“There are various other issues. This is a follow-up to the report that was carried on the Office of the Ombudsman. In fact,
Chibwana was already called to give his side of the story as part of the investigations,” said the source.
Secretary for Human Resource and Development, Sam Madula confirmed that the office of the Chief Secretary to the President and
Cabinet has been receiving numerous accusations against Chibwana that were also copied to his office.
But Madula said he was not aware that OPC was probing the matter and rather asked the reporter to contact the OPC secretary for
Administration, Charles Msosa who could not be reached on his mobile.
On his part, Chibwana said he was aware of the report by the OPC’s department of Human Resource and Development accusing
him of nepotism and other things but he described it as being malicious and departing from the terms of reference of developing a
training plan for the office of Ombudsman.
Click here to read more »
Hominid remains and stone implements have been identified in Malawi dating back more than one million years, and
early humans inhabited the vicinity of Lake Malawi 50,000 to 60,000 years ago. Human remains at a site dated
about 8000 BC show physical characteristics similar to peoples living today in the Horn of Africa. At another site,
dated 1500 BC, the remains possess features resembling Bushmen people. These short people with copper colored
skin were known as the Akufula or Batwa. They are responsible for rock paintings found south of Lilongwe in
Chencherere and Mphunzi. The name Malawi is thought to be a derivation of the word Maravi. The people of the
Maravi Empire were iron workers. The name Maravi is thought to mean “rays of light” and may have come from the
sight of many kilns lighting up the night sky. A dynasty known as the Maravi Empire was founded by the Amaravi
people in the late 15th century. The Amaravi, who eventually became known as the Chewa (a word possibly derived
from a term meaning “foreigner”), migrated to Malawi from the region of the modern day Republic of Congo to
escape unrest and disease. The Chewa attacked the Akafula, who settled in small family clans without a unified
system of protection. Eventually encompassing most of modern Malawi, as well as parts of modern day
Mozambique and Zambia, the Maravi Empire began on the southwestern shores of Lake Malawi. The head of the
empire during its expansion was the Kalonga (also spelt Karonga). The Kalonga ruled from his headquarters in
Mankhamba. Initially the Maravi Empire’s economy was largely dependent on agriculture, chiefly the production of
millet and sorghum. It was during the Maravi Empire, sometime during the 16th Century, that Europeans first came
into contact with the people of Malawi. Under the Maravi Empire, the Chewa had access to the coast of modern
day Mozambique. Through this coastal area, the Chewa traded ivory, iron, and slaves with the Portuguese and
Arabs. Trade was enhanced by the common language of Chewa which was spoken throughout the Maravi Empire.
The Portuguese reached the area via the Mozambican port of Tete in the 16th century and gave the first written
reports on the people of Malawi. The Portuguese are also responsible for the introduction of maize to the region.
Maize would eventually replace sorghum as the staple of the Malawian diet. Malawian tribes traded slaves with the
Portuguese. These slaves were sent mainly to work on Portuguese plantations in Mozambique or to Brazil. The
downfall of the Maravi Empire correlates to the entrance of two powerful groups into the region of Malawi. The
Angoni and their chief Zwangendaba arrived from the Natal region of modern day South Africa. The Angoni were
part of a great migration, known as the mfecane, of people fleeing from the head of the Zulu Empire, Shaka Zulu.
This migration had a significant impact on Malawi, as it did on all of Southern Africa. While fleeing from Shaka, the
Angoni had adopted many of his military tactics. They made use of these tactics to attack and conquer the people of
the Maravi Empire. Settling in rocky areas, the Angoni would conduct annual raids on their Chewa, also called
Achewa, neighbors to take both food and slaves. Some slaves were kept by the Angoni while others were sold to
slave traders. The second group to take power around this time were the Ayao. The Yao came to Malawi from
Northern Mozambique to escape famine and conflict with the Makua tribe. The Makua tribe had become envois of
the Yao because of the wealth the Yao were amassing through trading ivory and slaves to Arabs from Zanzibar. The
Yao, upon migrating to Malawi, soon began attacking both the Achewa and Angoni people to capture prisoners who
they later sold as slaves. The Yao were the first, and for a long while, the only group to use firearms in conflict with
other tribes. The Yao were also different religiously from their neighboring tribes, choosing in 1870 to follow Islam
like their Arab trading partners rather than the traditional Animism practiced by surrounding tribes. As a benefit of
their conversion, the Yao were provided with sheikhs who promoted literacy and founded mosques. The Arab
traders also introduced the cultivation of rice, which became a major crop in the lake region. During the height of his
power, Jumbe Salim Bin Abdalla. Transported between 5,000 and 20,000 slaves through Nkhotakota annually.
The founding of these various posts effectively shifted the slave trade in Malawi from the Portuguese in Mozambique
to the Arabs of Zanzibar. Although the Yao and the Angoni continually clashed with each other, neither was able to
win a decisive victory. The remaining members of the Maravi Empire, however, were nearly wiped out in attacks
from both sides. Some Achewa chiefs saved themselves by creating alliances with the Swahili people who were
allied with the Arab slave traders. Although the Portuguese reached the area in the 16th century, the first significant
Western contact was the arrival of David Livingstone along the shore of Lake Malawi in 1859. Subsequently,
Scottish Presbyterian churches established missions in Malawi. One of their objectives was to end the slave trade to
the Persian Gulf that continued to the end of the 19th century. In 1878, a number of traders, mostly from Glasgow,
formed the African Lakes Company to supply goods and services to the missionaries. In 1883, a consul of the
British Government was accredited to the "Kings and Chiefs of Central Africa," and in 1891, the British established
the Nyasaland Protectorate (Nyasa is the Chiyao word for "lake"; it was also known as the British Central Africa
Protectorate for several years around the turn of the century). Although the British remained in control until 1964, this
period was marked by a number of unsuccessful Malawian attempts to obtain independence. The Federation of
Rhodesia and Nyasaland was dissolved on December 31, 1963, and Malawi became a fully independent member of
the Commonwealth (formerly the British Commonwealth) on July 6, 1964. Two years later, Malawi adopted a
republican constitution and became a one-party state with Dr. Banda as its first president. In 1970 Dr. Banda was
declared President for life of the MCP, and in 1971 Banda consolidated his power and was named President for life
of Malawi itself. The paramilitary wing of the Malawi Congress Party, the Young Pioneers, helped keep Malawi
under authoritarian control until the 1990s. On June 14, 1993, the people of Malawi voted overwhelmingly in favor
of multi-party democracy. Malawi saw its first transition between democratically elected presidents in May 2004,
when the UDF’s presidential candidate Bingu wa Mutharika defeated MCP candidate John Tembo and Gwanda
Chakuamba, who was backed by a grouping of opposition parties. President Bingu wa Mutharika left the UDF party
on February 5, 2005 citing differences with the UDF, particularly over his anti-corruption campaign.
Sources: Wikipedia: History of Malawi
early humans inhabited the vicinity of Lake Malawi 50,000 to 60,000 years ago. Human remains at a site dated
about 8000 BC show physical characteristics similar to peoples living today in the Horn of Africa. At another site,
dated 1500 BC, the remains possess features resembling Bushmen people. These short people with copper colored
skin were known as the Akufula or Batwa. They are responsible for rock paintings found south of Lilongwe in
Chencherere and Mphunzi. The name Malawi is thought to be a derivation of the word Maravi. The people of the
Maravi Empire were iron workers. The name Maravi is thought to mean “rays of light” and may have come from the
sight of many kilns lighting up the night sky. A dynasty known as the Maravi Empire was founded by the Amaravi
people in the late 15th century. The Amaravi, who eventually became known as the Chewa (a word possibly derived
from a term meaning “foreigner”), migrated to Malawi from the region of the modern day Republic of Congo to
escape unrest and disease. The Chewa attacked the Akafula, who settled in small family clans without a unified
system of protection. Eventually encompassing most of modern Malawi, as well as parts of modern day
Mozambique and Zambia, the Maravi Empire began on the southwestern shores of Lake Malawi. The head of the
empire during its expansion was the Kalonga (also spelt Karonga). The Kalonga ruled from his headquarters in
Mankhamba. Initially the Maravi Empire’s economy was largely dependent on agriculture, chiefly the production of
millet and sorghum. It was during the Maravi Empire, sometime during the 16th Century, that Europeans first came
into contact with the people of Malawi. Under the Maravi Empire, the Chewa had access to the coast of modern
day Mozambique. Through this coastal area, the Chewa traded ivory, iron, and slaves with the Portuguese and
Arabs. Trade was enhanced by the common language of Chewa which was spoken throughout the Maravi Empire.
The Portuguese reached the area via the Mozambican port of Tete in the 16th century and gave the first written
reports on the people of Malawi. The Portuguese are also responsible for the introduction of maize to the region.
Maize would eventually replace sorghum as the staple of the Malawian diet. Malawian tribes traded slaves with the
Portuguese. These slaves were sent mainly to work on Portuguese plantations in Mozambique or to Brazil. The
downfall of the Maravi Empire correlates to the entrance of two powerful groups into the region of Malawi. The
Angoni and their chief Zwangendaba arrived from the Natal region of modern day South Africa. The Angoni were
part of a great migration, known as the mfecane, of people fleeing from the head of the Zulu Empire, Shaka Zulu.
This migration had a significant impact on Malawi, as it did on all of Southern Africa. While fleeing from Shaka, the
Angoni had adopted many of his military tactics. They made use of these tactics to attack and conquer the people of
the Maravi Empire. Settling in rocky areas, the Angoni would conduct annual raids on their Chewa, also called
Achewa, neighbors to take both food and slaves. Some slaves were kept by the Angoni while others were sold to
slave traders. The second group to take power around this time were the Ayao. The Yao came to Malawi from
Northern Mozambique to escape famine and conflict with the Makua tribe. The Makua tribe had become envois of
the Yao because of the wealth the Yao were amassing through trading ivory and slaves to Arabs from Zanzibar. The
Yao, upon migrating to Malawi, soon began attacking both the Achewa and Angoni people to capture prisoners who
they later sold as slaves. The Yao were the first, and for a long while, the only group to use firearms in conflict with
other tribes. The Yao were also different religiously from their neighboring tribes, choosing in 1870 to follow Islam
like their Arab trading partners rather than the traditional Animism practiced by surrounding tribes. As a benefit of
their conversion, the Yao were provided with sheikhs who promoted literacy and founded mosques. The Arab
traders also introduced the cultivation of rice, which became a major crop in the lake region. During the height of his
power, Jumbe Salim Bin Abdalla. Transported between 5,000 and 20,000 slaves through Nkhotakota annually.
The founding of these various posts effectively shifted the slave trade in Malawi from the Portuguese in Mozambique
to the Arabs of Zanzibar. Although the Yao and the Angoni continually clashed with each other, neither was able to
win a decisive victory. The remaining members of the Maravi Empire, however, were nearly wiped out in attacks
from both sides. Some Achewa chiefs saved themselves by creating alliances with the Swahili people who were
allied with the Arab slave traders. Although the Portuguese reached the area in the 16th century, the first significant
Western contact was the arrival of David Livingstone along the shore of Lake Malawi in 1859. Subsequently,
Scottish Presbyterian churches established missions in Malawi. One of their objectives was to end the slave trade to
the Persian Gulf that continued to the end of the 19th century. In 1878, a number of traders, mostly from Glasgow,
formed the African Lakes Company to supply goods and services to the missionaries. In 1883, a consul of the
British Government was accredited to the "Kings and Chiefs of Central Africa," and in 1891, the British established
the Nyasaland Protectorate (Nyasa is the Chiyao word for "lake"; it was also known as the British Central Africa
Protectorate for several years around the turn of the century). Although the British remained in control until 1964, this
period was marked by a number of unsuccessful Malawian attempts to obtain independence. The Federation of
Rhodesia and Nyasaland was dissolved on December 31, 1963, and Malawi became a fully independent member of
the Commonwealth (formerly the British Commonwealth) on July 6, 1964. Two years later, Malawi adopted a
republican constitution and became a one-party state with Dr. Banda as its first president. In 1970 Dr. Banda was
declared President for life of the MCP, and in 1971 Banda consolidated his power and was named President for life
of Malawi itself. The paramilitary wing of the Malawi Congress Party, the Young Pioneers, helped keep Malawi
under authoritarian control until the 1990s. On June 14, 1993, the people of Malawi voted overwhelmingly in favor
of multi-party democracy. Malawi saw its first transition between democratically elected presidents in May 2004,
when the UDF’s presidential candidate Bingu wa Mutharika defeated MCP candidate John Tembo and Gwanda
Chakuamba, who was backed by a grouping of opposition parties. President Bingu wa Mutharika left the UDF party
on February 5, 2005 citing differences with the UDF, particularly over his anti-corruption campaign.
Sources: Wikipedia: History of Malawi
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| INTERNALLY DISPLACED PERSONS (IDPs) |
None reported.
