We, a undersigned Civil Society Organizations operative in a area of tellurian rights, governance, HIV/AIDS and health, together with all Malawians of good will have remarkable with courtesy a predicament state of a economy, accountability, governance, rule of law and tellurian rights in a republic collectively observe as follows:
Concerned with a shrinking state of governance as evidenced by miss of subdivision of powers, abuse and devise of open resources that are meant to offer a seductiveness of Malawian people, high cost of living, nepotism, certainty lapses, deficiency of wilful leadership, a infinite story about nonesuch of essential drugs and demotivated work staff in a open health sector, sense combined by NAC over value of HIV/AIDS associated supports for functions that have zero to do with HIV and AIDS, flourishing occurrence of strikes, a abominable conditions in a preparation zone and continued miss of clarity and burden in a mining sector;
Convinced that handling state affairs and institutions is by trust, and that those inaugurated or allocated into state care take full joining to defend this principle;
Aware of what is during seductiveness in a republic that lacks inhabitant instruction joined with bad signs of good governance as evidenced by a issues lifted herein;
Realizingthat a President of Malawi is not customarily a conduct of supervision though also a whole state of Malawi underneath territory 78 of a Constitution of Malawi
Recalling that a President of Malawi takes an guarantee underneath a Constitution of Malawi where he or she swears to “do right to all demeanour of people according to law though fear or favour, love or ill-will”
Recognizing that a purpose of a President of Malawi is to yield executive care in a seductiveness of inhabitant togetherness underneath territory 88(2) of a Constitution of Malawi
Touched that a republic is divided along tribal, racial and informal lines
Determined to guarantee authorized values such as accountability, clarity and responsiveness as a really foundations of good governance;
Noting that issues lifted herein have been lifted many times before, and that Government is clearly unwell to yield a indispensable care to residence them;
Reaffirming that those in positions of care and/or energy are accountable to a citizens, and that no one is above a law;
Hereby petition a State President of a Republic of Malawi, His Excellency Professor Peter Mutharika and governmenton a following matters of concern:
Rule of Law, burden and governance
1.1. Separation of Powers
Malawians are endangered with a executive’s disaster to reside by a elemental beliefs of subdivision of powers. The executive arm of supervision continues to practice supervision that undermines a other arms. The just-ended enlarged judiciary’s strike is a resplendent instance of how a executive is unwell to foster peace with other arms of Government, and this has mostly have had vicious implications on entrance to probity and authorised remedies by a citizens.
1.2. Unsustainability of Presidential initiatives:
Malawians are wakeful that many of a Presidential initiatives are self-driven, domestic and non-sustainable nonetheless they continue to be financed by taxpayers, and in some instances, though a slip purpose of Parliament. Because of politicization of such initiatives, typical and honourable Malawians do not advantage from them and that a initiatives are debate collection to anguish electorate forward of elections. Due to miss of transparent law each President triggers new projects that are utterly mostly ephemeral and a outrageous responsibility to taxpayers. Muds Trust, Cement and Iron sheets appropriation programs, are distinguished examples of initiatives that are not owned by all Malawians.
1.3. Slow gait of (K92 billion and K13 billion) cashgate cases and divided interests
Malawians are endangered with delayed gait to final cashgate cases some-more so that a cases that are already in probity are mostly for girl offices whom competence have been carrying orders from their superiors. Furthermore, it is unfortunate that there are competing cashgate investigations [K92 billion and K13 billion] with divided interests discordant to a ubiquitous expectancy of Malawians to see to it that probity is not customarily seen to be finished though is manifestly finished on both issues.
1.4. Diverting of NAC appropriation to non-essential domestic events/Misallocation of NAC funds (NACGATE)
Malawians are endangered that while a republic is still confronting shortages of antiretroviral (ARVs), it is startling to note that resources for such a purpose have been misdirected to entities that do not directly understanding with HIV/ AIDS interventions such as BEAM Trust (K5 million) and Mulhakho Wa Alhomwe (K 9.4 million) that is tantamount to abuse of resources. Malawians are unhappy that a routine of extenuation supports to a settled recipients was not satisfactory deliberation a fact that some organisations earmarked for appropriation for duly authorized HIV/AIDS involvement are nonetheless to accept their appropriation on drift that supports were not available. This has combined a sense that a preference to extend resources to a settled recipients was due to domestic manipulation. We are endangered that a sense combined by NAC in this courtesy competence imperil Malawi’s focus for appropriation from a Global Fund for HIV//AIDs. All this joined with reports suggesting that this competence not be a initial time for National Aids Commission to misallocate supports puts to doubt a joining of NAC care in compelling mercantile fortify in use of these resources, and is as such a good concern. Loss of appropriation [from Global Fund] to interventions on HIV/AIDS, due to a malpractice, would put during high risk a lives of many
1.5. Women Empowerment:
Malawians are endangered with government’s “abandonment” of a women empowerment means as partly reflected in decimal appearance of women in positions of care including open use and cupboard appointments. The retrogressive trends erode a gains done in a final few years and runs opposite to countless ubiquitous instruments that Malawi is a celebration to such as CEDAW, UDHR, ICESCR, SADC Protocol on Women and Gender.
1.6. Civil Servants income increments undermining a element of equity
While assenting Malawi supervision for vital adult to a guarantee of augmenting salaries of polite servants, Malawians are endangered that a new increment degraded a element of equity where a low ranked polite servants given a tender dealwhere a aloft increment percentages were given to a high ranking polite servants during a responsibility of low ranking polite servants.The new increments have presented a unfolding where a opening between a comparison and girl officers has amazingly widened serve thereby putting to doubt government’s joining to bridging a opening between a same
1.7. Shortage of drugs and bad health use delivery
Malawians are endangered with strident necessity of essential drugs, and bad health use smoothness system. Malawians also weep a intolerable operative conditions of health crew who sojourn demotivated and in a routine negatively inspiring use delivery.It is unimaginable that many satellite clinics do not have even bonds of panadoand aspin, and that eternally patients are suggested to buy from shops and private pharmacies. Recent reports about outrageous storage expenditures in ware houses of lapsed drugs is a finish hoax to a Malawian people and a pointer of bad care by a health zone to effectively and good conduct a sector.
1.8. Poor Delivery of Social Services
1.8.1. Persistent H2O and electricity problems: Malawians are endangered with a determined problems of H2O and electricity that continue to adversely impact a republic generally a cities of Blantyre and Lilongwe.
1.8.2. Security lapse: Malawians are endangered with a certainty relapse in a republic that detached from exposing them to aroused lives has a intensity to shock divided investors.
1.9. Poor state of preparation complement in a country
1.9.1. Public preparation use smoothness on verge of collapse: Malawians are endangered that a open preparation use smoothness is on a verge of fall emanating from miss of vital instruction and bad governance of a sector. Most importantly, Malawians note that a right to preparation is during seductiveness as learners are not taught, teachers are not paid on time, and some classes literally conducted underneath trees.
1.9.2. Instability of University Calendar: Malawians are serve endangered with a instability of a educational calendar of a universities (University of Malawi and Mzuzu University) as characterized by a new unfixed closure of a same. Malawians are also endangered with a closure of Machinga TTC.
1.9.3. “Hide and seek” diversion on Quota system: Malawians are endangered with a censor and find diversion by President Peter Mutharika in addressing a emanate of a Quota complement as a approach of selecting students into a open universities. The overpower exemplified by a President raises doubts about his joining to reforms and his possess position on a theme matter as publicly espoused in his initial speech. It is diseased for a care to deliberately execute double customary on a vicious emanate like this one, and that a some-more clarity is given, a some-more odds a matter is put to rest.
2.0. Reforms
2.1. Public Sector Reforms
While appreciating a vigilant of a open zone reform, Malawians observe that a routine has not been thorough enough, and has unsuccessful to take into care a existent legislations germane to some institutions such that if not good managed and harmonized, a outcome of such routine competence be challenged during law and describe it redundant. Malawians are endangered that there hasn’t been care of a stream authorised horizon that competence not concede a executive arm of a supervision to levy reforms in a series of institutions outward a polite service, including a Judiciary, Parliament, and Independent institutions such as Anti-Corruption Bureau, Ombudsman etc. The due reforms will, hence, not be imperative and as such surplus or obsolete. The other emanate Malawians are seeking supervision is: how many is a remodel elect costing a economy? Andy because is it that other open institutions with charge of open zone remodel are not doing this work instead (e.g. Office of a Ombudsman, Department of Human Resource and management, Public Appointments Committee?) Why are these institutions not ex-officio members of this commission? Malawians are also quite endangered with a restraining of positions of designated offices such as a Reserve Bank Governor, Army Commander and a Chief Justice to a Presidential reign of bureau that creates these offices political, and incompetent to enthuse certainty among a adults of a country.
2.2. Electoral Reforms
Malawians note that a resources around May 20 Tripartite elections clearly denote dearth of a electoral laws to guarantee a right to vote, ‘legitimacy to govern’ or a support of a elections of a personality by a majority. Malawians are of a perspective that free, satisfactory and convincing elections can't be achieved by a stream state of laws and mechanisms of administering elections in Malawi. Malawians are hence endangered with supervision continued disaster to act on or expostulate a electoral remodel bulletin including a due 50+1 electoral complement as a matter of government’s priority.
2.3. Mining reforms
Malawians are endangered with government’s delayed gait in reforming a routine and authorised horizon that umpire a mining sector. Much as Malawians are wakeful that supervision is adopting EITI (Extractive Industry and Transparency Initiative), a routine of extenuation assent and licenses is hidden in privacy and theme to devise and abuse by a supervision holders. The effect of this is that typical Malawians who ought to advantage from a zone continue to be pushed to a margin.
0.Poor State of a Economy
Whilst appreciating a mercantile conditions prevalent in a country, Malawians were carefree that a sentiments by supervision about over-collection by MRA would fill in a opening combined by detriment of check support from donors. However, notwithstanding this hope, Malawians are endangered that Ministries continue to be underfunded and that MRA continue to underneath collect, thereby divulgence outrageous imbalance between income and expenditure. The rare taxation arise on VAT, passport, and now a new call by supervision to re-register businesses is a transparent testimony of a taxation regime that is not customarily curved though also impoverishing a infancy of Malawians who are already pang from a consequences of cash-gate (K92 billion and K13 billion cashgates). In addition, Malawians note that while there have been new improvements in a macroeconomic policies such as appreciation of a internal banking and forex reserves, it is however unhappy to note that there is still no alleviation in a vital conditions of many typical Malawians that is a pointer of reduction of a pronounced improvements to trigger what matters to a people.
4.0. Promotion and honour of tellurian rights
4.1. Workers rights
Malawians are endangered with an rare series of stay aways, boycotts and strikes opposite many sectors. It is a famous fact that a industrial actions are as a outcome of high cost of vital that do not total with their income. While employees have a leisure of countenance and a right to satisfactory wage, Malawians are uneasy that supervision seems to be too delayed to solve a matters by mutual and consultative negotiate processes. Such an movement by supervision is retrogressive, unresponsive and runs opposite to a authorized tenets.
4.2. Politicization of a state media
Malawians are endangered with a continued politicization of a state-media generally Malawi Broadcasting Corporation that continues to be a solitary spokesman of a “ruling” party, and has mostly been used as a vessel to unleash attacks/propaganda of any vicious voice. Parading of chiefs, vendors on state media to conflict “critical” voices of a regime should be stopped.
4.3. Access to probity and authorised remedies
While appreciating a finish of a enlarged authorised strike, Malawians are endangered with a supervision of probity that is customarily delayed even where courts are entirely operational such that a stream unfolding undermines a 48 hour sequence in as distant as respecting a rights of a purported offenders is concerned. Malawians are hence endangered with Congestion in military cells and prisons violates a elemental rights of both a purported and convicted offenders to entrance due authorised remedies
4.4. Demonisation of a right to proof and leisure of open and leisure of expression
Malawians are endangered with government’s orchestrated promotion to demonise constitutionally guaranteed leisure of open and right to proof that clearly indicatethat a right to leisure of countenance by demonstration, created or oral has zero to do with possibly demonstrations are pardonable or not in a eyes of a third party. By demonizing these elemental rights by state and some DPP-controlled private media, a supervision is promulgation a worrisome summary to a open that it has no honour or regards for a structure as good as a commitments towards insurance and honour of tellurian rights.
Access to information bill:While acknowledging that supervision has done countless promises before, it appears that a stream administration is equally customarily rhetorically committed to a same. Malawians observe that a dramatization of entrance to information law is holding unnecessarily too long.
4.5. Transparency and burden in a extractive industry
Kayerekera Uranium concerns: Malawians are endangered with government’s rushed preference to emanate a assent permitting Paladin Africa Limited to liberate H2O (toxic effluent) from a tailing ponds during a Kayerekera Uranium Mine into a Sere/North Rukuru Rivers that eventually flows into Lake Malawi 50 Kilometres downstream though clear, honest far-reaching consultations and distribution of a information on a matter with a communities and a ubiquitous public. Such a preference has customarily managed to boar seeds of fear and guess in Malawians generally those vital in Karonga.
Release of mining reports and documents: Malawians are endangered with a continued dilly-dally by supervision to recover a growth agreement between Eland Coal Mine and supervision as good as a environmental comment examination news of Kayerekera Uranium Mine.
We a undersigned organisations and all Malawians of good will hereby ask and petition a state President of Republic of Malawi, His Excellency Professor Peter Mutharika anddemand as follows:
The supervision should terminate from politically abusing a open institutions, resources and supports for functions that are discordant to their mandates and not in a best seductiveness of Malawians. For instance, All play and arch executives of orthodox bodies should bear a due talk routine by a Public Accounts Committee of Parliament.
The President should disintegrate a house of National AIDS Commission and boot NAC executive executive and hospital a debate examination of NAC value of AIDS supports given a time NAC was postulated a element target of HIV/AIDS associated supports by Global fund.
Government should put in place transparent stairs to guarantee that National Aids Commission is no longer receptive to domestic abuse and interference. Government should serve reject NACGATE and yield declaration to a republic that this shall never occur again in future, and should trigger a examination of NAC routine and procedures on comment disbursement.
First Lady’s Beautify Malawi (BEAM) and Mulhakho Wa Alhomwe should reinstate K5million and K9.4 million respectively to National Aids Commission (NAC) to be used for a dictated HIV/AIDS response functions.
The President should immediately yield executive care by among other things delivering monthly open residence on a stairs being taken to residence a prevalent mercantile hardships and rare pang of Malawians until things stabilizes. Government should refurbish a republic on a standing quo on a doing of a mercantile liberation devise (ERP) adopted during a prior regime. If ERP was deserted afterwards supervision should yield a transparent mercantile liberation devise with transparent targets, that should be innate out far-reaching consultations with germane stakeholders.
The President should terminate from appointing people formed on tribalism, ethnicity, regionalism and narrow-minded politics, and try to put Malawi first. To this end, a President should explain stairs being taken by supervision to guarantee that polite and open servants in all supervision and open institutions are allocated on merit.
Government should try to solve grievances lifted by open use staff before strikes even take place. Where there is a strike, Government should dedicate to amicably solve a grievances for resumption of duties within one calendar month. All stream strikes should be resolved before finish January.
The President should guarantee a autonomy of other arms of government, and terminate from due division in their operations
Government should residence a problem of drug necessity and bad use smoothness as a matter of urgency. Government should also guarantee that it addresses a concerns of a health personnel, who have threatened to go on strike if their grievances are not addressed, before finish of January.
The Malawi military should step adult a bid to guarantee that certainty is guaranteed to a citizens, investors and businesses or property. Government is so severely urged to closely guard progress, make a military comment for any serve lapse, and hospital improvement measures.
Malawians direct that a dual matters (K92 billion and K13 billion cashgates) should be sincerely investigated, prosecuted and brought to their finality though favour. There has apparently been no proof of joining by supervision to come to a bottom of money gate, and that supervision did not denote any stress that law strike was loitering cashgate prosecution. In office of justice, supervision is urged to terminate from helmet some purported comparison officers on a matter as doing so would annul government’s obligations to strengthen a citizens, and to liberate a requirement in suitability with a law.Government should also exercise mechanisms to guarantee non-occurrence of any other cashgate in a benefaction and onwards.
Government should support a stream electoral remodel routine including a 50+1 electoral complement and guarantee that supervision come adult with a transparent movement devise on how to effectuate such reforms in willingness of 2019 elections. Government should also disintegrate Malawi Electoral Commission (MEC) commissioners for unwell to conduct a 2014 tripartite elections hence losing open trust to conduct any destiny elections. Government should also act on a 2006/2007 inherent examination routine recommendations including those relating to electoral reforms.
Government is urged to refurbish a open zone remodel and guarantee that all a other arms of supervision are brought on board. Government should compensate courtesy to several existent legislations germane to some establishment that competence describe such an vicious routine be of no advantage to a eloquent intent. Government should also cruise including germane open institutions with a charge of open zone remodel (e.g. Department of Human Resource and management, Public Appointments Committee) to be ex-officio members in a polite use remodel commission. Government should also yield a transparent reason on how many a remodel elect is costing a economy.Government is urged to refurbish a open zone remodel and guarantee that all a other arms of supervision are brought on board.
The President should betray to a open a stairs his supervision has put in place in sequence to guarantee that a calendar of open universities or colleges are not uneasy due to indefine closures. To that finish a President, in his ability as chancellor, should sequence for an evident opening of Chancellor College, Polytechnic and Mzuzu University before finish Jan 2015.
The President should surprise Malawians about his government’s position on a stream share complement of preference of students to open universities formed on their districts of origin. Malawians are wakeful that a President affianced to annul share complement that has valid to be divisive.
Government should guarantee that a entrance to information check is tabled in a subsequent sitting of parliament.
Governmentshould clearly come adult with a counsel movement devise to foster girls and women empowerment. The President should also put counsel mechanisms to cruise honourable women in positions of energy and preference creation as a vicious resource for tolerable development. We introduce a smallest of during slightest 30% women illustration in open appointments.
Government should open adult Malawi Broadcasting Corporation for all, and guarantee that it’s not a apparatus for unleashing promotion opposite vicious voice. Similarly, Malawians ask MACRA to examine a unprejudiced stating by MBC and reprove a establishment within a charge of a regulator. Should a trend continue, Malawians ask Parliament to secrete appropriation to MBC during a arriving check sessions.
Malawians titillate a President to foster and strengthen constitutionally guaranteed rights and freedoms.To that end, supervision should guarantee that leisure of open and countenance are exercised though due interference.
Malawians therefore direct that all ongoing and destiny concessions in a mining zone should possibly be dangling tentative a dramatization of a new mining and minerals act or reviewed.
Government should guarantee that Paladin immediately hindrance a routine of discharging hot effluents into Rukuru and Sere river. Instead, Paladin should heed to a initial skeleton of building a second tailings dam. The supervision should also repel a assent it postulated Paladin to go forward with a routine of discharging hot effluents until all a fears and uncertainties are addressed.
The President and his supervision contingency entirely exercise a National Youth Policy (NYP) adopted Aug 2013 and yield adequate budgetary and technical support. Malawians also direct examination of a NYCOM Act of 1996.The President contingency yield a transparent instruction and reason on how his supervision intends to revoke girl unemployment.
In line with a concerns and final above, supervision is urged to residence them or denote poignant stairs to addressing within 100 days from a date of smoothness of this petition currently on 13th January, 2015. Government should also promote a establishment of a discourse height with polite multitude organisations and other pivotal stakeholders over a issues lifted herein within a duration of 2 weeks. To this end, supervision contingency consecrate a high turn group that will follow and lane a swell of implementing these final alongside a Civil Society organisations and other pivotal stakeholders’ group within 2 weeks and promulgate a same to us a petitioners.
N.B: We direct that a concerns and final that are related to NAC should be addressed within 3 weeks from a date of smoothness of this petition –today on 13th Jan 2015. Failure to approve with this demand, we will regroup and confirm a subsequent march of movement in sequence to guarantee that probity and reason prevails on a matter.
Signed by:
Malawi Health Equity Network (MHEN)
Centre for Human Rights and Rehabilitation (CHRR)
Centre for a Development of People (CEDEP)
Nurses Organization of Malawi
Malawi Network of Religious Leaders Living with HIV and AIDS
Malawi Network of People Living With HIV and AIDS
Citizens for Justice (CFJ)
Civic and Political Space (CPS)
Church and Society Programme– Livingstonia Synod (CSP-LS)
Human Rights Defenders Forum (HRDF)
Malawi Human Rights Resource Centre
National Elections Trust
ANPPCAN Malawi Chapter
Local NGO Forum on HIV/AIDS
Foundation for Community Support Services
Youth and Society
Child Development and Support Organization
Centre for Youth Development
Mzuzu Youth Association (MYA)
Outreach Scout Foundation
Youth Watch Society
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