PREAMBLE

The Council for NGOs in Malawi (CONGOMA):

• Having the mandate to coordinate NGOs and represent their interests and concerns; and
• Having observed the current state of affairs after 21 May 2019 tri-Partite Elections; would like to provide its opinion on the issues thereon as follows:

DEMOCRACY THUMBS UP

CONGOMA on one hand is very pleased to note that Malawians are beginning to come to terms with their 1998 aspiration expressed in the Vision 2020 in which they wanted to see a mature democracy in Malawi. In this vein, Human rights are the epicentre of human dignity. They are a distinguishable means through which a man can express himself or herself which is the manifestation of his or her very existence. These have manifested in many ways including:

• Questioning the validity of national processes like tri-partite election results through Constitutional means like public demonstrations and petitioning the courts as a matter of a right. This is power of the people and a good element for democracy to thrive.
• Engagements among ordinary Malawians through different social media platforms, groups and social gatherings on issues of elections. This promotes civic space and sovereignty of the governed which strengthens participatory democracy. At the same time NGOs working together with citizens to mobilize around a cause which is commendable.
• Media reporting freely including live coverage of electoral processes and court proceedings is but a good sign of a maturing democracy. In this regard, CONGOMA calls upon authorities to implement Access to Information law without further delay.

DOWN TURNS

Whilst our Republican Constitution guarantees the right to assemble and demonstrate with others peacefully and unarmed (section 38), the pursuit of such right must not be done so as to interfere with other rights such as the right to life (section 16), the right freely to engage in economic activity, to work and to pursue a livelihood anywhere in Malawi (section 29), the right to personal privacy, which shall include the right not to be subject to searches of his or her person, home or property (section 21), and the right to acquire property which includes the right not to be arbitrarily deprived of property (section 28). All these  are premised on the understanding that human rights are mutually interdependent and interrelated, and therefore, of equal importance. In this context, CONGOMA is saddened by incidences of fake news and violence accompanying the political crisis vis-à-vis the ongoing demonstration as follows:

• Spreading and thriving on fake news against political parties and leaders which is disgusting and is condemned in strongest terms possible.
• Damaging and looting of property of individuals, public and corporate entities during demonstrations which is uncalled for, thuggery, nuisance and should not be allowed in a democracy.
• Destroying people’s businesses as a source of livelihood in the exercise of the right to demonstrate is uncalled for.
• Harassment, wounding and victimization of state security agents and innocent civilians alike is unwarranted and condemned strongly.
• Breaking the law with impunity is disheartening. All offenders should be brought to account so that there is rule of law which is a very central tenet of democracy.
• Acrimonious conduct among political party supporters is not welcome in a multi-party democracy as it manifests intolerance and against the principle of co-existence.

MOVING FORWARD

As the holders of human rights and fundamental freedoms, all individuals, peoples, and communities in the exercise of their rights and freedoms, have the duty and responsibility to respect those of others.

With the foregoing, CONGOMA is of the opinion that:

• The Courts should be given space to dispense justice with regards to the electoral disputes without being impeded, pressurized and or intimidated by actions of any person or groups of people in the name of exercising Constitutional rights
• Enjoyment of Constitutional rights is not absolute and exclusive to a particular group of individuals and must always go with responsibility. All rights are of equal importance and therefore, they ought to be enjoyed mutually and interdependently.
• This is the right time for a conversation on electoral reforms to start in earnest without fear or personal egos but focusing on Malawi’s future elections.
• Government should exercise its powers and quickly take appropriate measures to restore peace and calm, law and order in the country.There is need for government to step up its efforts to restore conducive environment for business as well as free movement of people.
• A political solution is probably the most viable and sustainable way if Malawi is to be united with or without the Court determination. This is in recognition of the fact that court cases rarely provide win-win scenarios but whoever loses becomes a spoiler and Malawi will continue to go in silos (regions and tribes) and circles. Under the current situation, legal settlement may not be adequate: there is need for political settlementto compliment it. This is why we earnestly urge political players to be selfless and conscious of the need for peace and unity.

Signed

Steven Duwa

CHAIRPERSON

27 July 2019