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MALAWI NATIONAL DEMOCRACY CONSOLIDATION PROGRAMME
Background
1.1 Malawi is a landlocked LDC in south-central Africa, populated by eleven million people, eighty-five percent of whom live in the rural areas. Bantu speakers known as Maravi settled in what is now Malawi in the 16th centuRy; their descendants are the Chewa. Following them were the Mang's anga, the Tumbuka, Tonga, Ngonde and Lambya. In the nineteenth century the Ngoni, Yao, Lomwe and Sena arrived, as well as the Europeans and Asians. These migrations resulted in a multi-cultural society where matri-and patri-lineal social structures are common, Chichewa and English dominate though another dozen languages are spoken, a variety of religious and traditions flourish.
1.2 Approximately 60% Malawians live below the poverty line. Female-headed households, which comprise more than a one-quarter of rural households, are more likely to be poor because they have higher rates of illiteracy, own fewer animals, cultivate less and and have access to fewer adult laborers. The results is an under-5 chronic malnutrition (stunting) rate of nearly 50%, an under-5 mortality rate 234 per 1,000, a maternal mortality rate of 620 per 100,000 live births, and life expectancy of 44 years. Social services have been under-funded for decades, resulting in a literacy rate of 48% for men and 29% for women. One-third of households have no sanitation facility rate is 6.7, and the population is growing at a rate of 3.3% per annum, which would double the populations in twenty years.
1.3 Malawi became a British Protectorate in 1891, and gained its independence in 1964. Dr. H. Kamuzu Banda was the first Prime Minister and then President (when the country became a Republic in 1966), and became Life President of the single-party state in 1971. Local and international pressure for the introduction multi-party democracy escalated in the 1990s, and in 1993 a referendum to test the first multi-party election in three decades was held, and Dr. Bakili Muluzi of the United Democratic Front (UDF) became President for a fixed five year term. The parliamentary elections held on the same date resulted in the UDF winning 85 seats, the MCP 56 and AFORD, 36. During the transition, a new and liberal Constitution was written, repressive laws were repealed, political prisoners were released, and the private print media began to flourish.
1.4 Since the election the government has made poverty alleviation a central development policy objective. It seeks to address poverty more directly than previously. It aims to tackle poverty by fostering community-led development, and by meeting social needs such as illiteracy through mass primary education. These initiatives are consistent with good governance and human rights policies in that they utilize participatory planing techniques, promote local community involvement, and the empowerment of women especially.
2.0 National Democracy Consolidation Programme: Objective and Strategies
2.1 Since the election, the new system of government has been tested and stretched. A variety of contentious issues have been referred by the parties to the courts for settlement, thus enforcing the functioning of the democratic institutions. The Electoral Commission has held a number of by-elections, most of which have been orderly. A general lack of experience of the democratic process affects the pace of implementation of the civic educations programme and hinders the democratic reform process. The institutions crated by the Constitution to protect human rights lack capacity and need strengthening. Nevertheless, the democratic process in malawi remains vibrant.
2.2 A comprehensive government strategy for consolidating democracy in Malawi is being developed despite the structural weakness, including the lack of a well articulated long-term vision, institutional and policy limitations, macro-economic constraints and a limited human resource capacity. There have been, although, several consultations between the various partners of government, and a broad understanding of the main orientations of a National Democracy Consolidation Programme (NDCP) has now emerged. In some sectors planning is advanced and activities have been started, while in others, activities await further planning, capacity building and funding.
2.3 The National Democracy Consolidations Programme ia a comprehensive programme which aims at building national capacity for good governance in all key areas, in a coordinated manner and using a process approach in all areas of good governance and human rights. Policy overlaps and duplications of efforts are possible without close co-ordination of project design and implementation. j The Inter-Ministerial Committee for Human Rights and Democracy (IMCHRD) -- formed in 1994, comprised of representatives of government ministries and departments concerned with good governance and human rights, and chaired by the Deputy Secretary to the President and Cabinet --is responsible for national co-ordinations and leadership of the programme.
Nine strategic directions for democracy consolidation were identified through a consultative process. These are:
civic education
human rights
elections
legal reform and the administration of justice
parliamentary mechanisms
industrial relations
media
promotion of public sector transparency and accountability
With a view to promoting ownership and leadership of the process it is also suggested to strengthen the management framework of the programme. This includes the strengthening of the capacity of the IMCHRD and other support to appropriate mechanism, and structure to facilitate effective coordination, management, monitoring, and evaluation of the process.
2.4 Since the May 1994 multi-party elections, the international donor community has demonstrated its support for the consolidations of democracy in Malawi by providing funding for a variety of democracy activities which fall within the framework of the NDCP.
Activities have started and progress has been made in all areas pertaining to the nine strategic directions identified above. These included the legal reform and administration of justice; civic educations and human rights; public sector transparency and accountability; the media and the industrial relation. Partners from Government and Non-Governmental Organizations (NGOs) have been associated with the efforts.
3.0 External Support to the National Democracy Consolidation Programme
3.1 Malawi has, in collaboration with its partners, embarked on specific operational programmes in support of the NDCP. Five main joint ventures are under development or implementation, in addition to various ad-hoc projects or activities, which government tries to coordinate within the framework of the NDCP. These are "Support of Democratization and Human Rights in Malawi" (funded by EU); "Police and Legal Reform" (funded by ODA); "Consolidations of the Democratic Process" (funded by the UNCHR); "Democratic and Civic Institutions Development, DECIDE" (supported by USAID(, and the "Support to democracy consolidations Programme, SDCP" supported by UNDP which covers Civic Education and Human Rights, Elections, Parliamentary Mechanisms, Decentralization and Local Governance, and Programme Management Capacity and Management Support. In this respect, it should be noted that UNDP is specifically requested to address the strengthening of national management capacity for the NDCP in addition to its support to the other main strategic directions of the NDCP.
The main partners in the NDCP are; EU, UNDP, USAID and ODA. Other donors are also involved on a more ad-hoc basis. The Government supports and encourages other donors, NGOs and private sector to join this national effort to achieve the overall objective of the NDCP. The nine strategic direction is presented below.
3.2 Strategic Directions to Consolidate Democracy
a) Civic Education and Human Rights
Objectives: The aim of the component is to increase understanding of the democratic processes and civic rights and obligations of all Malawians. The themes of civic, political, economic, social and other human rights, as well as gender equality will be highlighted, together with the accompanying notions of accountability, transparency and responsibility. The civic education programme will be developed with the participation of government and civil society institutions, and will be linked with development and understanding of the roles of human rights groups and official democratic institutions.
Expected Results: The official democratic institutions will function effectively and efficiently; institutional capacity will be developed in civil society and government organizations to deliver civic educations training workshops; civic education curricula and materials will be developed for women, police, prison officials, schools and the media; the staff in all government departments will become gender sensitive and knowledgeable of human rights; and the general population will understand and realized the human rights guarantees of the Malawi Constitution.
Current support: In this sector support is mainly provided by UNDP through the SDCP, the USAID through its GABLE programme, UNICEF, Germany, USA, European Union, Denmark and UNCHR.
b) Decentralization and Local Governance
Objectives: The aim of this component is to empower local councils, communities, grassroots organizations and local administrations to work more effectively for a more transparent and accountable governance at the district level. This will also address the promotion of Human Right and efficient administration of justice. It is expected that the legislation for local government will be passed in June 1997. Other policy making processes aiming at clarifying the roles and responsibilities of local level public institutions are currently being carried out under specific initiative such as public sector reform, decentralization and district focus capacity building.
Activities: The capacity of Local Governments to interface with good governance institutions (i.e. councils, village action committees, NGOs, and grassroots organizations) and their constituencies will be strengthened to promote dialogue at the district level that will result in decisions which are responsive to the needs and desires of the people. At the same time, the above mentioned good governance institutions will be strengthened to enable them to participate more effectively in decision making in their communities.
Expected Results: Community participation at the district level will be enhanced while district councils, village action committee, NGOs and grassroots organizations will understand their roles and responsibilities and the relationship between the different structures. Stronger and more effective grassroots organizations will be formed and undertake development projects. Transparency and accountability to local people will be advanced through elected district assemblies.
Current Support: Ink this sector main donors are UNDP, UNCDF, EU, UNICEF and NORAD and Germany. Most of the currently available or earmarked funding corresponds to Technical Assistance Support. Additional funding is required to meet capital needs.
c) Elections
Objectives: The programme aims to strengthen the national capacity to plan and organize elections. Institutional responsibility for elections will be clarified, and the stakeholder will increase their capacity to support and participate effectively in local and national elections, including the planning, design and delivery of voter education.
Activities: In order to out pre-election tasks, such as voter registration and boundary demarcation, and to hold local and national elections, capacity building will be undertaken in government, including the Ministry of Justice, the Electoral Commission and the Law Commission. The capacity of civil society, political parties and NGOs, including women's organizations, will be strengthened and mechanisms for coordination developed. Special support will be provided to these institutions to hold the local government elections, scheduled for 1997.
Expected Results: The Electoral Commission and government departments, commissions and ministries will function efficiently and effectively when holding local and national elections. The capacity to produce and deliver voter education will be developed, new constituency boundaries will be delineated and the registration of voters completed. NGOs and civil society institutions, including women's groups, will participate fully in local and national elections. Timely, free and fair local elections will be held.
Current Support: The main donors in this sector are UNDP and USAID. Substantive support will be needed to ensure smooth organizations of local and general elections.
d) Legal Reform and the Administration of Justice
Objectives: The rule of law and respect for human rights are fundamental to democratic society. The aim of this component is wide, and include strengthening the laws and institutions which promote and protect democracy, promote gender equality, particularly in the areas of the judiciary, police and prisons. Wider legal reform will bring laws into conformity with international human rights provisions, while promoting the public's understanding of the services that are provided by a legal system will strengthen Malawians' capacity to protect their own rights.
Activities: As part of the larger Legal Reform and Administration of Justice programme, the Judiciary programme proposes to improve the structure, organization and administration of the court systems; train judges, magistrates, lawyers and support personnel; including training in gender sensitization; improve access to justice by improving subordinate court systems; remove legal and cultural barriers to full participation of women, minorities and civil society institutions; and provide specialist assistance in legal matters related to constitutional law, electoral law and laws related to human rights.
Expected Results: Legal cases will be processed equitably and efficiently and in line with international norms. The Justice system will work more efficiently and effectively, especially with regards to case flow management, and data storage and retrieval.
Current support: The European Union is the leading partner in this sector, other donors are Canada, ODA, USAID, UNCHR, UNESCO and the UNDP. Additional funds are needed to support the Judiciary including training and the building of courts.
e) Parliamentary Mechanisms
Objectives: The aim of this component is to strengthen the capacity of parliament to handle large volumes of legislation more efficiently; to carry out its legislative responsibilities by working more closely with the media, NGOs, the private sector, government bodies and research institutions; and to enhance parliamentarians' understanding of national economic and social development issues as well as their ability to interact with, and represent the interests of their constituents. The capacity of other branches of government and of civil society will also be strengthened so that they are able to interact more of government and of civil society will also be strengthened so that they are able to interact more effectively with the National Assembly. A satisfactory solution will be sought to the logistical and operational problems created by the National Assembly's premises in Zomba.
Activities: In order to develop an overall strategy, a survey of parliamentary management systems and of issues and needs will first be undertaken. Workshops will be held for MPs in order to familiarize them with the role of the opposition in Parliament, the role of parliamentarians in a democratic society, the interrelationship between parliamentarians and constituencies, national social development needs, gender issues, and issues of national importance, such as the Anti-corruption Bill.
Expected Results: MPs will have informed debates about national issues and pass significant amounts of legislation during sittings. Parliamentary administration will be more efficient and effective, while civil society and government bodies will have more input into decisions made by parliament.
Current Support: In this sector main donors are UNDP, UNCHR, UNESCO, USAID and IPU.
f) Industrial Relations
Objectives: The aim is to improve the policy framework governing the relationship between employers, employees ad the public sector, and interactions among the three groups.
Activities: The International Labour Organization (ILO) is training to the Malawi Congress of the Trade Unions and other labour organizations on issues such as international labour standards, collective bargaining, gender issues and the role of trade unions in the industrial relations system. The institutional capacity of unions, as well as government and employers' associations will be strengthened so they can participate effectively and responsibly in this tripartite relationship.
Expected outputs: (1) Workers understand and are able to protect their rights; (2) workers, unions and employers' association negotiate labour disputes peacefully; (3) gender discrimination a work ceases; (4) trade unions and employers' organizations and public sector have the capacity to work together as partners.
Current Support: Main support in this area comes from ILO, Germany and USA. Further work is needed to identify capacity gaps and development assistance needs in this area.
g) Media
Objectives: the aims are to create an independent and pluralistic media that can fully participate in the national development process and support democracy consolidation, and to convert the rights to freedom of information, expression, opinion and the press, which are guaranteed by the Malawi Constitution, into laws, policies, institutions and activities.
Activities: Existing laws that undermine freedom of the press, opinion, information and expression are being reviewed, and submissions are being made to the Law Commission for their amendment or repeal. This includes the current Malawi Broadcasting Corporation Act. New laws will also be proposed, including a Freedom of Information Act. The government seeks to establish special departments and programmes catering to the interest of women and children, and to promote the establishment of rural, local-language newspapers and radio stations. Training and technical support will be provided to media practitioners and organizations to foster responsible and informed journalism.
Expected Results: (1) State-owned news service, television and radio stations whose operations and editorial policies are independent of government; (2) a proliferation of privately owned and operated radio stations and newspapers; (3) broadcast and print journalism that is responsible and accurate; and (4) an electorate that is well-informed about the policies and activities of government officials and institutions.
Current support: Projects in this sector are currently being supported by Germany, Great Britain, USA, UNICEF, UNESCO and the European Union.
h) Promotion of Public Sector Transparency and Accountability
Objectives: The aim of this programme is to ensure that public sector activities are transparent, that public officials are accountable to the electorate, and that recipients of aid account for it.
Activities: A range of institutions and projects are being considered, such as a "Truth Commission" and A Freedom of Information Act, wile some are already operational, including the Anti-Corruption Bureau, the Ombudsman's Office and the National Compensation Tribunal. These and other government institutions, along with civil society groups, will be strengthened to ensure that policies promoting transparency and accountability are implemented. Efforts will be made to enhance civil society's awareness of the public's right to hold government officials accountable and to have full information about government policies and activities.
Expected Results: The legal and institutional framework to promote transparency and accountability will be in place, and civil society will realize its right to know about public official's policies and activities.
Current Support: Support in this sector is currently being provided by European Union, Great Britain and the UNDP.
i) Programme Management Capacity and management Support, the NDCP Framework
Objectives: The aim is to strengthen the institutional framework of the NDCP. This includes the capacity of the IMCHRD to provide broad directions for donor support, and to plan, co-ordinate, review, and report on the nine strategic areas. In addition, specific task force and coordinating mechanism involving NGOs, parliament, human rights institutions will be strengthened to manage the various components of the NDCP, and to develop a national capacity to monitor, evaluate and report progress regularly; and to create an operational networking system that links partners.
Activities: Undertake capacity building efforts with national implementing agencies and independent organizations that will monitor and evaluate the progress of the programme; establish a secretariat to provide operational and logistical support to the management structure of NDCP; set up a networking system linking all levels of the management structure and other partners and actors.
Expected Results: The IMCHRD and other appropriate institutions and task force will be capable of managing the national programme for good governance and providing broad directions for donor support to the programme; the task forces responsible for each strategic area will be capable of planning, co-ordinating, reviewing and reporting on progress in their areas; national organizations will be able to monitor, evaluate and report on progress; a secretariat will provide operational and logistical support to the management structure; and a national capacity will be created to carry out research in specific areas of governance.
Current Support: Main supporter in this area is UNDP.
3.3 Activities have started in all of the nine strategic directions although progress varies depending on different factors, including availability of funds and policy framework. The Government is committed to passing new policies and amendments of corresponding legislative and constitutional provisions to create a favourable policy environment for the implementation of the NDCP.
4.0 Procedures for Coordination and Implementation
4.1 Institutional Framework The Inter-Ministerial Committee on Human Rights and Democracy will be responsible for the national co-ordination and leadership of the programme, including policy review, priority setting and evaluation. Task forces will manage the activities and operations in each strategic area. Working with them will be government bodies, such as the Ministries of Justice, Education and Information, as well as the High Court, the Police, and the Law Commission which will implement specific components etc. Civil society institutions, such as church organizations, NGOs, research institutions, the media, and community groups will participate in policy formulation and implementation. Independent institutions, including university-based organizations and consultants, will monitor, evaluate, and report on progress.
4.2 Time Frame The NDCP is a long-term programme, using the process approach. As such the focus of the programme and the plan of operations will be gradually defined, implementing institutions will be identified, the design of the programme will be updated and new elements added to reflect changes in focus and priorities. Different components of the programme will be started at different times. Indeed, some components of the NDCP are already being implemented, such as the ODA's Police and Legal Reform Project, the revision of the MBC Act, training of parliamentarians, and civil education activities.
4.3 Monitoring and Reporting While monitoring of each component of the NDCP will be undertaken by implementing agencies, including the IMCHRD and task forces, and by donors, the larger programme will be monitored at all levels by independent bodies, such as research institutions, the university, and NGOs. Where necessary, the capacities of these institutions will be strengthened in order to monitor the appropriate aspects of the process. The process of addressing gender issues within the national Platform of Action framework will be monitored throughout the programme implementation. An annual report will be produced by the IMCHRD and disseminated at an annual meeting for management purposes and to meet donor requirements.
4.4 Success Indicators and Bench Marks Each component within the NDCP will have its own bench marks. for example the Civic Education and Human Rights component has eight measured 'outputs', each with specific indicators of successful completion.
4.5 Evaluation Evaluation of the NDCP programme will be undertaken under the supervision of the IMCHRD. A more proactive role for the IMCHRD is envisioned, as its capacity to design and manage the programme is strengthened. thereafter the progress and outcomes of activities within the various components of the programme will be assessed annually and reported to donors, implementing partners, and
