Monday, January 21, 2013

Page 1 1 STATEMENT OF THE MALAWI HUMAN RIGHTS COMMISSION INITIAL OBSERVATIONS ON THE 17 TH JANUARY 2013 DEMONSTRATIONS

The Malawi Human Rights Commission (the Commission) monitored the 17
th January, 2013 demonstrations in line with its constitutional mandate of promoting and protecting human rights.

This includes monitoring situations which are prone to human rights violations and
abuses, such as demonstrations. The monitoring took the form of tracking and documenting media reports and on-spot monitoring, of developments relating to the demonstrations.

Prior to the demonstrations, the Commission’s Chairperson, Ambassador Sophie Asimenye
Kalinde engaged key stakeholders including: officials at the Malawi Police Service
Headquarters, the organizers of the demonstrations and some concerned civil society groups in Mzuzu and Karonga. During the demonstrations, the Commission’s monitoring teams were dispatched to Blantyre, Mzuzu and Lilongwe.

Commenting on the outcome of the
demonstrations, the Commission’s Chairperson has said:“It must be emphasised that the Constitution of the Republic of Malawi guarantees the right to assemble and hold demonstrations peacefully and unarmed under section 38.

This right must be respected and upheld by all duty bearers as demanded by section 15 of the Constitution. It is commendable that the 17th January demonstrations were peaceful.

The demonstrations saw the participation of significantly sizeable crowds that were observably unarmed and non-violent.

Generally, government demonstrated its commitment to upholding the right to peaceful assembly by making it clear that it welcomed the peaceful demonstrations. Relevant government agencies also played their rightful roles. The police in particular conducted their policing within the ambit of the law; no excessive force was employed and they exercised great restraint even in the face of provocative chants directed at them by some of the demonstrators.

It is also reassuring to learn that
there were no reports of any arbitrary arrests in connection with the demonstrations”.

She further observed that:“most importantly, the demonstrators, in particular the organizers,played by the rules of peaceful and non-violent demonstrations. Notably, there was a good relationship between the organizers, the police and the District Commissioners/Chief Executive Officers as evidenced by their cordial discussions at the points of petition delivery.

The media, on their part, responsibly and extensively covered the demonstrations, and the public broadcaster carried news footage of the demonstrations”.

Concluding her remarks on the Commission’s initial observations on the Demonstrations the Chairperson said:“The 17th January demonstrations are not about an individual or a group of individuals.

They are about the larger picture; the entrenchment of a culture of respect for human
rights in Malawi. The demonstrations represent a right step towards the respect for diversity of opinions and free expression of the same, through peaceful assembly and demonstrations, among other means, which is the hallmark of democracy.

Achieving this step took the concerted efforts by several players including: government and its agencies, especially the police; the demonstrations organizers; the media and most importantly the people of Malawi.”The Commission’s Chairperson has since recommended that “many demonstrations can be avoided if the political leaders in government ensure at all times that there are effective communication channels between them and the governed, providing opportunities for people to raise
substantive concerns on issues of public interest and providing meaningful responses to such issues.

This is crystalysed in section 12 of the Constitution in these terms; (1) All persons responsible for the exercise of powers of the state do so on trust and shall only exercise such power to the extent of their lawful authority and in accordance with their responsibilities to the people of Malawi. (2) The authority to exercise power of the state is conditional upon the sustained trust of the people of Malawi
and that trust can be maintained through open, accountable and transparent government and informed democratic choice”.


The Commission is finalising its comprehensive report on the demonstrations. Once finalised, the report will be shared with all relevant stakeholders.

The Commission is a constitutional body established under Chapter IV, section 129 of the Constitution of the Republic of Malawi and governed by the Human Rights Commission Act of 1998 (Cap 3: 08 of the Laws of Malawi). Its primary mandate is to promote and protect human rights and investigate violations of human rights.
The Commission monitored and investigated cases arising from the July 20, 2011 demonstrations.

In its Investigation Report, the Commission established that 19 people were killed by security forces with one dying at the hospital as a result of suffocation from tear-gas. The current fifth cohort of Commissioners that was appointed by Her Excellency the State President Mrs. Joyce Banda, effective July 5, 2012, comprises:
Ambassador Sophie Asimenye Kalinde (Chairperson); Mr. Marshal Chilenga; Reverend Dr. Zacc Kawalala; Mr. Rodgers Newa, Mr. Benedicto Kondowe, Mr. Dalitso Kubalasa, Mr. Stephen Nkoka, Justice Tujilane Chizumila, Rtd (the Ombudsman) and Mrs. Gertrude Lynn Hiwa SC (the Law Commissioner).

Thursday, January 17, 2013

MISA MALAWI STATEMENT ON DEMONSTRATIONS

PRESS STATEMENT FOR IMMEIATE RELEASE

16 January, 2013

MISA Malawi appeal to Journalists to be ethical during the January 17
demonstrations

The Malawi Chapter of the Media Institute of Southern Africa is appealing
to all Journalists and Media houses to exercise highest level of
professionalism when covering the demonstrations tomorrow.

The Chapter would also like to take this opportunity to appealto the
Police to respect the right of journalists to freely cover the
demonstrations.

Tomorrow’s demonstrations, organised by the Consumers Association of
Malawi (CAMA),and scheduled to start at 0800 hours across the country,
come at a time when Malawiansare trying to forget the brutal and violent
nature of July 20, 2011 mass demonstrations that left 11 peopledead and
scores of others injured, including 22 journalists who were either beaten
or arrested for no apparent reason.The Commission of Inquiry established
to probe the killings and brutal manner in which law enforcers tried to
contain the demonstrations offered a number of recommendations to prevent
a repeat of what happened in July 2011. The recommendations included a
call for the media to be sensitive and professional when covering
demonstrations and for law enforcers to respect constitutional guarantees
on freedom of expression and assembly, among others.

It is on this basis that MISA Malawi calls upon all media outlets and
journalists to be responsible when reporting on the demonstrations. We
also appeal to journalists to publish stories that are balanced, fair to
all sides and do not promote or insight violence or hatred.

In the same vein, we would like to appeal to the Police to respect
people’s right to assemble and demonstrate as well as journalists’ right
to freely gather and report as provided for under Section 36 of the
Republican Constitution which states:“the press shall have the right to
report and publish freely, within Malawi and abroad and be accorded the
fullest possible facilities for access to public information.”

This section recognizes the relevance of free flow of information in
building an informed nation and we expect the Police to respect this
right.

Lastly, we would like to assure the media fraternity and the general
public that MISA Malawi Chapter will monitor the demonstrations and act
accordingly if journalists are victimised. The Chapter will also ensure
that way ward reporters suffer the consequences of their actions. We also
urge victims of violations to report the same to relevant authorities in
time.

Signed
Antony Kasunda
MISA Malawi Chairperson

Wednesday, January 16, 2013

PETITION AGAINST JUDGEMENT PASSED IN DOWA MAGISTRATES COURT IN A DEFILEMENT CASE

TO: The Attorney General, Ministry of Justice, P/Bag 15, Lilongwe

CC: The Minister of Justice, Ministry of Justice, P/Bag 15, Lilongwe

CC: The Director of Public Prosecutions, Ministry of Justice, P/Bag 15, Lilongwe

CC: The Chief Justice, P.O. Box 30244, Chichiri, Blantyre 3

CC: The Registrar of the High Court, P.O. Box 30244, Chichiri, Blantyre 3

CC: The Chief Prosecutor, Malawi Police, P.O. Box 305, Lilongwe

CC: The Clerk of Parliament, National Assembly, P/Bag B362, Lilongwe

CC: The Member of Parliament for the area

From: Concerned Citizens

Date: 3 January 2013




PETITION AGAINST JUDGEMENT PASSED IN DOWA MAGISTRATES COURT IN A DEFILEMENT CASE



On 3rd January 2013 it was reported on local radio stations that First Grade Magistrate Titus Banda of Dowa Magistrates Court acquitted fifty year old Burundian Seleman Jonathan who sexually molested a ten year old girl because “the girl said she did not feel pain when she was being molested.” Further, the court said that the hospital report was not conclusive, yet the police from the area say that the report clearly indicated that the girl was defiled.



While acknowledging that the Police in Dowa have appealed the case and the High Court and Director of Public Prosecutions are reviewing the case files, we the undersigned would like to register our concern regarding these kinds of determinations on cases to do with rape in the strongest terms possible. The Nation Newspaper of 31st December reported that there are seven reported cases of rape daily in Malawi and we have no idea just how many go unreported. We are outraged that someone entrusted with interpreting the law as this Magistrate would pass judgement that goes against the very statutes outlined in the Malawi Penal Code.



A cursory interpretation of the Section 138 of the Penal Code by us as laymen shows that the Court did not rule within the guidelines of the law regarding an issue of rape. The Penal Code states:



Any person who has unlawful carnal knowledge of a woman or girl, without her consent, or with her consent if the consent is obtained by force or means of threats or intimidation of any kind, or by fear of bodily harm, or by means of false representations as to the nature of the act, or in the case of a married woman, by personating her husband, shall be guilty of the felony termed rape.
Any person who unlawfully and indecently assaults any woman or girl shall be guilty of a felony and shall be liable to imprisonment for fourteen years.
It shall be no defence to a charge for an indecent assault on a girl under the age of sixteen years to prove that she consented to the act of indecency.
Any person who unlawfully and carnally knows any girl under the age of sixteen years shall be guilty of a felony and shall be liable to imprisonment for life

The implication of this judgement is that the sexual molestation was a consensual act, yet the Penal Code clearly states that anyone below the age of sixteen cannot make such a decision about sex. The newspaper reported that the girl was given K30 to buy her silence and was also given pain medication and was not able to walk properly, which attests to the violence of the act.



We believe that the principles of the judicial system are intended to provide justice for the offended and punishment and reformation for the offender. In this particular case, the victim did not get an appropriate judgement for such a heinous crime, and we believe this is a miscarriage of justice. With the increase of rape and defilement cases in Malawi, we also believe that such determinations adversely contribute to the belief some habitual sex offenders have that they will get away with it, and indeed many of them do.



The physical, emotional and psychological effects of rape and sexual violation especially with young girls are traumatic, well documented and enduring. Other social and health consequences like stigma and sexually transmitted diseases are also a certainty.



We are outraged and demand from our judicial and police authorities the following:



That the judgement be quashed by a higher authority in the judicial system and the case is retried, with a review on the judgement in light of the Penal Code and re-examination of the facts.. We would like to see that the process is expedited to get justice for this girl
That the judicial authorities take strict action against Magistrates who disregard the law when passing judgement especially in rape cases and that the full extent of the prescribed punishment is applied to offenders to deter others.
That the judicial authorities review the training and equipping of Magistrates so that they demonstrate a good understanding of the laws and use the principles of precedents, statutes, laws and evidence interpretation to ensure fairness, transparency and indeed justice for victims of crimes.
That Police authorities and Government invest in the training of Police Prosecutors to get adequate presentation of facts of such cases to ensure that victims get justice
That the government through judicial authorities takes steps to create a database of sex offenders to deter people from such crimes
That there should be an investigation into this matter to see if there were underhand dealings by any of the concerned parties and appropriate sanctions be taken against any such dealings.

Signed

10-YEAR OLD DOWA DEFILEMENT VICTIM INSPIRES CITIZEN ACTION

BLANTYRE, 15 JANUARY 2013:Rising statistics of rape and defilement of underage girls in the country have galvanisedoutraged Malawians into action. On Wednesday 16 March 2013, a petition from concerned citizens will be delivered to key stakeholders in the police and justice systems, protesting the judgment handed down in the case of a 50-year old perpetrator who sexually molested a 10-year old Dowa girl.

On 3rd January 2013, it was reported on local radio stations that First Grade Magistrate Titus Banda of Dowa Magistrates Court acquitted 50 year old Burundian Seleman Jonathan who sexually molested the 10 year old girl because "she did not feel pain when she was being molested." Further, the court said that the hospital report was not conclusive. However, police from the area say that the report clearly indicated that the girl was defiled.

“When I learned about this judgment, I felt upset that someone who should protect the child and guarantee her justice would so callously trivialise the trauma she went through,” says SteveriaKadangwe, explaining why she initiated the online petition on popular social network Facebook.

The group “Petition Against Dowa Court Ruling” has 4,861 members and the set target of 1000 signatures was exceeded by Monday 14 January after just a week of appeals for support. Malawians from all regions of the country as well as those living outside the country have voiced their support of the petition. Notable signatories to the protest include economist Prof ThandikaMkandawire and lawyer Wapona Kita.

Simultaneous presentations of the petition will be made on 16 March 2013 in Lilongwe (9am) and Blantyre (11am). Co-organisersMsSteveriaKadangweand MrMuvaSamboas well as Mr Maxwell Matewere (Executive Director of Eye of The Child) will deliver the Blantyre petitions while Mrs ZilanieNyundo and Pastor Salome Mwanza-Zagabe will make parallel presentations in Lilongwe.Intended recipients are The Attorney General/ Minister of Justice, The Director of Public Prosecutions, The Registrar of the High Court, The Chief Prosecutor of Malawi Police, The Chief Justice andThe Clerk of Parliament.

“It is important that as citizens we register our dissatisfaction with how this judgment has made a mockery of our constitution,” says co-organiser Taweni Gondwe-Xaba.

“We are encouraged by the Dowa Police’s own appeal in this matter as well as the fact that the Registrar of the High Court and the Director of Public Prosecutions are already reviewing the case files. We sincerely hope that a retrial will be the outcome,” she says, further adding, “The alternative sets an alarming precedent for the future protection of the girl child in Malawi.”

The secondary objective of the petition campaign is to raise awareness of the growing rape and defilement crisis in Malawi and get ordinary citizens to recognise that, collectively, the people have the power to make enough noise to achieve the change they seek.

“The enthusiastic response of the public to the call for signatures has made me realise that Malawians are tired of the apathetic manner in which rape and defilement cases are dealt with and would like to see some serious action taken,” Kadangwe concludes.

The AUC and CGIAR Consortium agree to enhance collaboration in advancing a Science and Technology Agenda for African Agriculture

Addis Ababa, Ethiopia, 15 January 2013 – In an event that highlights continued progress towards African agricultural sustainability, African Union Commission (AUC) Commissioner for Rural Economy and Agriculture, H.E. Rhoda Peace Tumusiime and Chief Executive Officer of the Consortium of International Agricultural Research Centers (CGIAR Consortium), Dr. Frank Rijsberman today signed a Memorandum of Understanding (MoU) on behalf of the two organizations.

The MoU describes a strategic partnership under the Comprehensive Africa Agriculture Development Programme (CAADP) of the AUC and CGIAR Consortium to facilitate, “enhanced coordination, collaboration, and alignment between CGIAR Consortium members and initiatives and those of African agricultural research and development organizations at the country, sub-regional, and continental levels with regard to their respective priorities, objectives, and programs for increased agricultural productivity in Africa.”

In her welcome remarks during the signing ceremony, held at the AUC Headquarters, H.E. Tumusiime stated that, “The signing of this MoU with CGIAR Consortium has a special significance, for it comes at a time when global attention has focused on Africa’s resolve to shoulder its responsibilities of making hunger and destitution history.” She further stated that, “The AUC recognizes that feeding Africa’s population and enabling agriculture play a critical economic transformation role in much of Africa needs to be supported by tried and tested technologies and home-grown policy initiatives.”

Mrs. Tumusiime also expressed her confidence that the CGIAR Consortium would prove to be a significant partner in the AU Commission’s quest for science-based agricultural transformation in Africa.

Dr. Rijsberman stated that “through better alignment with CAADP, CGIAR can help ensure that we are providing the right science for real impact on the ground.” He also noted that more than 50% of CGIAR funding goes towards projects on the African continent, and that “more effective research-to-practice alignment is a fundamental pillar of CGIAR’s work.”

Description: IMG_0333The MoU signed today calls for joint actions to guide implementation of alignment of programs and support activities for CAADP, including: a research alignment plan that coordinates research programs with CAADP National Investment Plans; a Science and Technology Agenda for African Agriculture; a joint plan to support regional and sub-regional research activities; the development of joint African and CGIAR technology platforms; technical support; and joint sharing of information and knowledge.

The AUC, through the Department of Rural Economy and Agriculture (DREA), has been implementing CAADP, which addresses policy and capacity issues across the entire agricultural sector and African continent. CAADP is entirely African-led and African-owned and represents African leaders' collective vision for agriculture in Africa. This ambitious and comprehensive vision for agricultural reform in Africa aims for an average annual growth rate of 6 percent in agriculture by 2015.

CGIAR is a global agricultural research partnership for development that includes 15 of the world’s leading agriculture research centers and leads 16 comprehensive global agricultural research programs. Its goals are to conduct research that contributes to reduced poverty, improved food security, improved nutrition and health, and sustainable management of natural resources.


Monday, January 14, 2013

THE RIGHT TO ASSEMBLE AND HOLD DEMONSTRATIONS PEACEFULLY AND UNARMED: LOOKING AHEAD TO THE PLANNED 17TH JANUARY 2013, AND LESSONS LEARNT FROM THE 20TH JULY, 2011, DEMONSTRATIONS

PRESS RELEASE


The Malawi Human Rights Commission (the Commission), established by section 129 of the Constitution of the Republic of Malawi (the Constitution), with the mandate of the promotion and protection of human rights, has noted with interest the developments surrounding the issue of the right to assemble and hold demonstrations peacefully and unarmed.

The Commission observes that the emerging developments to some extent replicate the trends that led to the disastrous consequences of the 20th July, 2011 demonstrations.

In particular, the Commission has noted with concern that relevant duty bearers including some public officials and some political players have made statements that display lack of respect for the right.

The Commission further notes several issues relating to the organisation and planning of the intended 17th January 2013 demonstrations, which have negative implications on the effective preparedness on the part of all concerned parties where the conduct of peaceful demonstrations is concerned.

This has provided the impetus for the Commission to address the issue at hand in terms of the scope, relevance, significance and implications of the right, and particularly call upon concerned duty bearers to play their rightful roles ahead of the planned 17th January, 2013 demonstrations.



Meeting of the Heads of the African Union Commission, the Economic Commission for Africa and the African Development Bank Group Addis Ababa, New AU Conference Center, 11-12 January 2013

COMMUNIQUE

WE, Dr Nkosana Dlamini Zuma, Chairperson of the African Union Commission (AUC), Dr Carlos Lopes, Executive Secretary of the Economic Commission for Africa (ECA), and Dr Donald Kaberuka, President of the African Development Bank Group (AfDB) met in Addis Ababa, Ethiopia, on 11 and 12 January 2013.

MINDFUL of the roles and responsibilities of our institutions for Africa’s development, and the need to coordinate our activities in setting the agenda to support Africa’s socio-economic transformation as we commemorate the 50th Anniversary of the OAU/AU in May 2013:

WE SEIZE the opportunity presented to us to reaffirm the spirit of Pan Africanism and African solidarity, which inspired the political evolution of the continent in the last 50 years, and is now critical for realizing Africa’s socio-economic transformation.

RECOGNIZING the progress the continent has made in several areas, including peace and security, good governance, economic growth, regional integration and attracting investments, we reflected on the key challenges, opportunities and priorities facing Africa going forward, drawing on the experience of the last 50 years.

WE WELCOME the continent’s resilience in the face of the recent global financial and economic crises but commit to further action with all relevant stakeholders to enhance Africa’s economic independence, reduce vulnerability and diversify its relations within the global economy.

WE NOTE that Africa’s economic growth needs to focus on equity, inclusiveness, the preservation of natural capital and creation of decent jobs, especially for the youth and women.

WE FIRMLY BELIEVE the time is ripe for a paradigm shift and a change in mindset towards realizing the vision of a continent that is integrated, prosperous and peaceful, and a dynamic force in the global arena.

WE EMPHASIZE that Africa’s challenge is economic transformation, whose agenda should be led by Africans. To achieve this objective, we commit to explore all avenues for mobilizing sources of finance, including tapping into Africa’s own resources and global financial opportunities.

WE ACKNOWLEDGE that external partners have contributed to Africa’s progress through instruments such as the African Development Fund (ADF) to which we remain committed. We will actively explore Africa’s participation in these financial mechanisms.

To support the vision of Africa’s leaders to transform the continent over the next 50 years, WE REAFFIRM the commitment by the three pan-African institutions to collaborate closely with Regional Economic Communities and other partners to foster the agenda of an integrated and prosperous continent.

WE HAVE AGREED to engage with Africa’s leaders and peoples in articulating and preparing such an African led transformation agenda for the next 50 years. We shall pursue this discussion in the upcoming African Union meetings and through consultations with Regional Economic Communities, Partners and other stakeholders to realize the vision of the African Renaissance.

AUC/AfDB/ECA PRINCIPALS AGREE TO PUSH THE DEVELOMENT AGENDA OF AFRICA FORWARD FOR THE NEXT 50 YEARS

Addis Ababa, 11 January 2013 - Where and how do we get to that prosperous Africa by 2063, and what will be the different roles of AUC, ECA and AfDB 50 years from now? The question and other related issues were on the agenda of a two-day high level discussion co-chaired, today Friday, 11 January 2013, by the Chairperson of African Union Commission (AUC), Dr. Nkosazana Dlamini Zuma, the Executive Secretary of United Nations Economic Commission for Africa (ECA), Dr. Carlos Lopes and the President of African Development Bank (AfDB) Dr. Donald Kaberuka, at the headquarters of the African Union, in Addis Ababa, Ethiopia.



IMG_0301The joint meeting was dedicated to the African vision 2063, including key challenges, strategic issues and priorities facing Africa over the next 50 years, and how to find effective means of addressing them, in a bid to enhance the institutional links and coordination between the three organizations in support of the implementation of continental programmes, projects and initiatives.



“It gives us a good point to just step back, and reflect on where Africa should be going in the next 50 years” said Dr. Nkosazana Dlamini Zuma. She added that, “it'll be great for the future generations to find themselves 50 years from now in a prosperous Africa at peace with itself, an Africa that will have an important voice in the global affairs”.



Highlighting the objective of this high level discussion, the AUC Chairperson said “there is a lot of work that needs to be done, that is why it is important that we define how we can work to implement our action plan using our different but complimentary mandates”. She emphasized that the three organisations are building on their traditional relationship which “needs to be strengthened … we must ensure that we put in place a strong mechanisms that will coordinate our actions to enable us regularly brief our Leaders in the Continent with one voice”.



Dr. Donald Kaberuka called in line with the celebration of the half century of African unity, for a reflection on “what Africa has achieved so far and what it could have done differently so that the continent can take a different path going forward”. “This is the beginning of that kind of reflection which is sober and realistic, which asks the right and critical Question to say here is what went wrong, here is what we can do differently and here is our contribution”, stressed the President of AfDB.



“The mainstream thinking now is that Africa is different and we could get it right if we want. The choice is fully ours, and it’s now time for us to define what we want” said president Kaberuka.



Dr. Carlos Lopes stressed on the importance of the joint meeting during a year when Africa is commemorating 50 years of Pan-African history, highlighting the need for the three institutions to work together for the sake of the Continent. “We need to have the African Agenda as our priority and to adhere to it”, said the Executive Secretary of the ECA.



We have to engage in a very serious way to ensure that our Development Agenda is a transformative Agenda and is something that will give credit so that the Continent can take charge of its own affairs. This is the reason why these three Institutions have to coordinate their efforts and work together”, noted Dr. Lopes.



The three Chief Executive Officers will adopt a communiqué at the end of the two days meeting, tomorrow 12 January.



HMC/ETA

THE RIGHT TO ASSEMBLE AND HOLD DEMONSTRATIONS PEACEFULLY AND UNARMED: LOOKING AHEAD TO THE PLANNED 17TH JANUARY 2013, AND LESSONS LEARNT FROM THE 20TH JULY, 2011, DEMONSTRATIONS


PRESS RELEASE


The Malawi Human Rights Commission (the Commission), established by section 129 of the Constitution of the Republic of Malawi (the Constitution), with the mandate of the promotion and protection of human rights, has noted with interest the developments surrounding the issue of the right to assemble and hold demonstrations peacefully and unarmed.

The Commission observes that the emerging developments to some extent replicate the trends that led to the disastrous consequences of the 20th July, 2011 demonstrations.

In particular, the Commission has noted with concern that relevant duty bearers, including some public officials and some political players, have made statements that display lack of respect for the right.

The Commission further notes several issues relating to the organisation and planning of the intended 17th January 2013 demonstrations, which have negative implications on the effective preparedness on the part of all concerned parties, where the conduct of peaceful demonstrations is concerned.

This has provided the impetus for the Commission to address the issue at hand in terms of the scope, relevance, significance and implications of the right, and particularly call upon concerned duty bearers to play their rightful roles ahead of the planned 17th January, 2013 demonstrations.




Friday, January 11, 2013

Visit Africa Research Institute's Policy Voices to Learn More About Law Reform in Malawi





As chief law reform officer at the Malawi Law Commission, Dr Janet Chikaya-Banda oversaw a two-year constitutional review programme in 2004-6. In her timely account, she explains the importance of continuous, systematic law reform in young democracies and the role that it can play in upholding the credibility and effectiveness of the judiciary. She highlights impediments to the pursuit of democratic ideals articulated in the Malawi Constitution, the consequences of weak institutional commitment to law reform, and the vulnerability of the law in the face of a very powerful presidency. In her foremost recommendation, Dr Chikaya-Banda calls on the new government in Malawi to “move things on” by implementing - or at least debating openly - the recommendations of the constitutional review.

2012 Elections Review: Africa Research Institute Compares Elections in Sierra Leone and Ghana

Multi-party elections were a prominent feature of Africa’s political landscape in 2012, with twenty-three countries conducting polls – whether presidential, legislative or municipal. News coverage in the mainstream media has, at times, been framed in clichés and stereotypes. On the eve of the Sierra Leonean elections, the BBC published an article which opened: “Sierra Leone may be about to prove it has grown up”. The preoccupation is often with little more than who is likely to win and whether there will be violence. Rapid and diverse political transitions taking place across the continent are seldom reflected upon in any depth.

I have a longstanding interest in the politics of Sierra Leone, and so followed the elections on 17th November 2012 closely – albeit from a distance. I found a number of striking similarities with the polls in Ghana, which took place a few weeks later on 7-8th December, particularly interesting.

Both incumbent presidents secured enough support in the first round of voting to be declared outright winners. President Ernest Bai Koroma in Sierra Leone was returned to power with 58.7% of the vote. Opposition candidate Julius Maada Bio received endorsement from only 37.4% of the population. In Ghana, President John Dramani Mahama claimed 50.7% of the electorate, defeating his rival Nana Akufo-Addo by 325,863 votes.

The main opposition parties challenged the credibility of the electoral process. The Sierra Leone People’s Party (SLPP) denounced the results as fraudulent, citing “systematic and widespread irregularities, malpractices and injustices that occurred on polling day”, and called on its Members of Parliament and local government to boycott all proceedings. The instruction was subsequently revoked after talks with President Koroma and his All People’s Congress (APC). In Ghana, the opposition National Patriotic Party (NPP) refused to accept the outcome and has taken its complaints to the Supreme Court, but pledged to accept its verdict. If the NPP is able to prove beyond reasonable doubt that at least 150,000 votes were falsely attributed to the President Mahama they will be able to call for a re-run of the election, as the incumbent would not have received the necessary 50% of the popular vote in the first round.

Challenging the result of an election is a regular occurrence in Africa. Grievances are often legitimate, but it is how politicians articulate their concerns that is of paramount importance. In Sierra Leone, neither the APC nor SLPP resorted excessively to old tactics of mobilising party youth wings to intimidate rival supporters. Evidence of electoral fraud and malfeasance presented to the National Electoral Commission (NEC) by the SLPP was passed on to the police. In Ghana, Nana Akufo-Addo called on his followers to “avoid any kind of violent behaviour, and wait patiently for the decision of the court”. The imperative in the coming months is for relevant institutions in both countries to take objections levelled at the electoral process seriously, and make appropriate rulings.

It is crucial that electoral disputes are dealt with in a timely fashion. The Supreme Court in Sierra Leone took four and a half years to rule on a case initiated by the SLPP which accused the NEC of unlawfully annulling votes from 477 polling stations in the 2007 presidential elections. In the event, the court decided not to adjudicate, claiming that any judgement would be impossible to enforce retrospectively. If grievances are not addressed promptly, candidates or political parties might choose to bypass the law and institutions to achieve their political ends the next time round. In the meantime, both the electoral commission and judiciary are undermined.

Turnout was extremely high. In Sierra Leone, 87.3% of the registered population voted, up from 76% in 2007. In Ghana, 80% of voters cast their ballot, compared with about 67% in 2008. The desire to participate in elections in both countries, despite the fact that it has seemingly delivered few tangible benefits to most citizens, is conspicuous.

At a recent Royal African Society event in London, former British High Commissioner to Sierra Leone, Peter Penfold, recalled the months of civil disobedience that occurred in Freetown shortly after the 1997 Armed Forces Revolutionary Council coup which deposed the elected government of Ahmad Tejan Kabbah. Businesses, banks, schools and colleges closed as ordinary people sacrificed their livelihoods at immense personal cost in protest at having their democratic rights so blatantly violated. High turnout in the 2012 elections is evidence of Sierra Leoneans’ enduring zeal for democracy.

A preliminary look at the final election results, by region, highlights some interesting developments. In Sierra Leone – where politics is divided along regional and ethnic lines – the APC made significant inroads into traditional SLPP strongholds. For example, in the southern state of Kailahun, the APC secured 22.6%, up from 5% in 2007; in Pujehun, 15.5% from 3% in 2007; and in Bo, 16.7% from 10% in 2007. It remains to be seen whether this is a sign that the predominance of regional and ethnic voting is being eroded or simply a result of more tactical sharing of political and economic largesse by the APC. Such voting patterns would have been highly unlikely in the 2007 elections.

A piece on Africa is a Country noted that in Ghana, election results from numerous constituencies appeared inconsistent. It was common for individual voters to support different parties in the parliamentary and presidential ballots. It is also interesting to note that in six of the 10 regions, votes cast for the presidential candidates were within a 10% margin and the result could well have gone either way.

The standing of the electoral management bodies in both countries was further enhanced by the considered use of technology. In Sierra Leone, the National Electoral Commission chose to capture thumb prints, along with photographs, during the registration process. The biometric data was recorded electronically and then collated to filter out any duplicates. Only after this process were voter identification cards issued. Ghana also adopted a biometric system, with two differences. Firstly, all ten fingers were scanned which increased the chances of identifying multiple registrations. Secondly, on polling day, people had their fingers taken again as an additional precaution against multiple voting. Concerted efforts were made by both electoral commissions to ensure the impartial conduct of temporary election workers.

Information technology was also skilfully and imaginatively deployed when covering, and monitoring, the polls. Dedicated election websites were established by civil society groups. In Sierra Leone, Salonevotes.com displayed live results from polling stations plotted on a map as they were released. The website also details a vast amount of other information, including voter demographics, turnout and any procedural disputes that arose. Ghanadecides.com is an initiative by bloggers and civil society to provide information to the public about the electoral process through social media, including educational videos on registration and voting procedures, news and events. A breakdown of results is available through VoteKast Ghana.

Sierra Leone and Ghana are seldom mentioned in the same breath when it comes to elections. The former is typically depicted as a fragile state recovering from a decade-long civil war, while the latter as one of Africa’s most stable democracies conducting its sixth consecutive electoral cycle. But the conduct of elections in both countries have much in common – notably a commitment to accession to power through the ballot box, avoidance of violence, the use of technology to mitigate fraud, and a prominent monitoring role for civil society. Although ethnic and regional allegiances are still important, the ways in which these play out might be shifting.

These are trends that can be identified across the African continent to varying degrees, and which should render comments about how any country has “grown up” rather irrelevant – and not a little patronising.

Jonathan Bhalla
Research Manager

Wednesday, January 9, 2013

Lulu’s iconoclastic music portrait


A boy, aged seven, decided to abandon the traditional music fashion of the time and strike out into the dark night of Malawi music.
“I remember that, that time, my father was a member of a quartet that used to rehearse at our house. Those encounters kindled my interest in music,” says Lulu, alias Lawrence Khwisa. I, then, found myself singing at Church after becoming a member of the Praise Team at Kawale Assemblies of God Harvest Temple,” says Lulu.
And, so, begun a music journey that has become characterized by the fusion of R & B and Pop music.
His acquaintance with music equipment can be traced to the moments other band leaders failed to turn up at church. When the drummer failed to turn up one day, Lulu found himself beating the drum. Later, when other instrument players failed to turn up, could play the piano, the guitar, until he could have a go at all the equipment.
That Lulu comes from a musical family- replete with a father who could join the quartet after knocking off from his work as head mechanic at Whole Garage- is not an issue; the issue is his choice of music. While walking in the predictable footsteps of traditional music icons such as Dr. Daniel Kachamba, Allan Namoko, Robert Fumulani, Michael Yekha, Stonard Lungu was supposed to be a natural choice for an upcoming musician, Lulu chose to be iconoclastic by condensing the traditional patterns of singing into a few quatrains, thereby satirising all forms of memorial in so doing.
Emptying his mind of its old beliefs, he programmed his mind to lapse into a mood of quiet disillusionment where, with a fresh eye and senses uncorrupted by familiarity, it gazed upon life’s little lessons “as they were”.
“I decided to be different. I decided to fuse R & B and Pop, and compliment the instruments with mature Chichewa messages so I could relate very well with Malawians. So far, it seems that I have made inroads as both the youth and adults like my music. Most youths are into American music, and can relate to my music. As for adults, they like the serious tough in my songs because Sindiyimba zachibwana, zogemula ena (I’m not into beef music),” says Lulu.
That is how his journey, starting from the slow match and muffled drum at church, has become recognised in its own right. It was a new world from the first drum beat to the last shout; and he is committed to maintaining the status quo.
A new world despite the repetition of the old themes that continue to offer a quick release from mental turmoil.


Curving a niche
Lulu’s music, as a meditational exercise, reflects the goings-on in Lulu’s world. And, like many forms of meditational exercise, his themes of God’s love and divinity, human affection, equality, love’s infallibility, blind loyalty, among others, is a search for a world commensurate with his desire for three-tier harmony between people, God, and natural resources.
This is reflected in his three albums namely Mbambande, released in 2004, Kumalembe, and Sindilola- released on his return from the United Kingdom, where he went to play with Lucius Banda’s Zembani Band.
At his best, as in ‘Sindilola’ and ‘Kumalembe’, he shelves and dissolves life’s experiences in hybrid lyrics and vocals while his mature message, like wraths, settle in the melted ears and melted hearts of his audience.
His voice, like a finger that touches every wound, reshapes life’s general motifs of burning desire, sheer grace, endurance, vigilance. In these transitional songs, Lulu goes a long way beyond traditional romantic notions of order. In short, he becomes a modest, a man of the future living in the present and, in a way, a man against the crowd.
A song titled ‘Kumalembe’, with its reference to the persona’s dead, but beloved, mum, describes how life has evolved into a mound of hard experience- a form of a concentration camp- and how the persona’s last vestiges of hope have all but vanished.
“I decided to be different from the onset, one of the steps involved turning myself into a Jazz guitarist. My background has played into it as well. I used to be an R&B fanatic who used to like R. Kelly, Steven Wonder and grew up listening to American Gospel music.
“In fact, I was taught by people from the United States, and that’s why you find American elements in my songs. I just add African themes to my fused music,” says Lulu, Born 7 May 1985.
He credits daily rehearsals for the consistency in his music.
“And that, I think, is the reason Kumalembe and Sindilola sold more copies on the local market. I sold more through CDs and DVDs, as opposed to Compact Disks, because the Malawian music market is in three levels: That of tapes; with CDs only, and; thirdly, the level where both CD and DVD sell like hot cakes.”

Defining Lulu’s music
Is Lulu a Gospel or secular musician?
“Well, the truth is that I feel more comfortable composing Gospel songs because I don’t need to write. Having been in the church for some time, I have gotten used to scriptures, and they just come to you. I find it easier to compose Gospel songs than love.
“It is a bit taxing to compose a love song because I have to ask myself so many questions like: How do people in love feel? What is it they think about, or do, often? I need to work at a concept, piece together letters, and see what I have to write down,” says Lulu.
Lulu tears into perceptions that one can only be a God-fearing artist if they call themselves Gospel musicians.
”I don’t understand that argument because, for someone to sing the way I do, it is because of the power of God. God loves people who love him, and He knows I love Him. Singing secular does not mean one worships the devil, ” says Lulu.


Getting off age
Lulu seems to be growing with the times, if his decision to form Mathumela Band in 2010 is anything to go by.
“People have been asking me: Why form a band when you, sometimes, perform with Zembani Band? Well, the two (bands) are different. Mathumela was formed to cater for my kind of music, and is a band for the future. We are not into live music performances every week.
“Mathumela is there to prepare Malawians for the kind of music they will like in years to come. At the moment, I feel like some Malawians don’t appreciate a strong message. That is why Mathumela is for the future- songs that people should think hard to get to the root of the meaning,” says Lulu.
But things have started well for Mathumela, which is in partnership with the Reserve Bank of Malawi, and is invited to perform at the Central Bank’s events.
However, the band is far from producing its maiden album, though Lulu maintains that the band mebers are concentrating on jelling.

The forth turn
Lulu is in the studios, cooking his forth album.
“I am doing the mastering at the moment. In fact, some of the songs will be on air by February. I want to produce a 10-truck album but I haven’t come up with the title yet. I want to call people who understand music, the likes of Lucius Banda, and ask them to help me choose only 10 tracks because I have more songs,” says Lulu.

Facing the future
The musician bemoans that, unlike in South Africa, where House, Kwaito and other genres are unmistakably identified with the Rainbow nation, there is no music that can be identified as purely Malawian.
“It is difficult to create a Malawi music identity because the pioneers chose to play their own type of music. So, those who want to survive on the market have no choice but to sing what people are already used to. The other problem is that, while most local musicians are not blessed with lilime lachizungu (Western tongue), they try to imitate Westerners, and this renders penetration into foreign markets difficult,” says Lulu.
One of the people who have worked closely with Lulu, veteran musician Sir Lucius Banda says Lulu’s music is an indication that Malawi’s music has a bright future.
“Lulu is a fine musician, and his music is of international standard. In fact, you can not compare him with other musicians of his age because of the maturity in his songs, and his mastery of equipment,” says Banda.
Banda says Lulu is one of the success stories from Zembani, adding that the success of most musician who have been associated with Zembani Band at one point in time points to the fact that, given he right resources, Malawian musicians can stand among Africa’s best in music.



PRESIDENT JOYCE BANDA AT THE OFFICIAL OPENNING OF THE EKWENDENI – EZONDWENI – MTWALO ROAD

DREAM COME TRUE- Elegant President Joyce Banda (above and below) at the function



SPEECH BY

HER EXCELLENCY MRS JOYCE BANDA

THE PRESIDENT OF THE REPUBLIC OF MALAWI



ON



THE OFFICIAL OPENNING

OF THE EKWENDENI – EZONDWENI – MTWALO ROAD



AT

EMVUYENI IN SENIOR CHIEF MTWALO’SS AREA



ON



SUNDAY, 6TH JANUARY 2013







Your Excellency Richard Banda, SC. Chief Justice (Retired)
The Right Honourable Khumbo Hastings Kachali, Vice President of the Republic of Malawi.
Honourable Chimango Mughogho Gondwe, M.P., Deputy Minister of Transport and Public Works.
All Cabinet Ministers and Deputy Ministers present here
All Senior government officials present here
District Commissioner for Mzimba District
Paramount Chiefs and all Chiefs present here
The Representative for the Contractor Fargo Limited;
The Representive for the Supervising Engineer, Connex Consulting Engineers;
Members of the National Executive Committee of the Peoples Party present here
Distinguished Guests;
Ladies and Gentlemen.








It is a great pleasure and honour for me to perform the official opening of the Ekwendeni – Ezondweni – Mtwalo road today. The construction and completion of this road marks yet another milestone in the development of this country, the Northern region and Mzimba district in particular. Today’s function is another demonstration of my government’s commitment to ensure the continued development of the Malawi’s infrastructure is achieved. This is in line with the Economic Recovery Plan that my Government is implementing. The Economic Recovery Plan has, among the five priority areas, singled out Infrastructure Development particularly investment in roads and bridges very highly. Roads and bridges are the most important mode of transport for Malawi as they carry over 90 percent of goods and passengers hence without a good road network, the Malawi economy would suffer greatly.



Distinguished Guests, Ladies and Gentlemen

The Ekwendeni – Ezondweni – Mtwalo road section forms part of the Mzimba – Eswazini – Kafukule – Ezondweni – Ekwendeni road and its importance cannot be overemphasized as this is the old M1 road that passes through a number of important, economically productive and heavily populated areas. The development of this road has and will provide accessibility and mobility to the people living in these areas. It will link farmers and other productive sectors such mining, tourism, manufacturing and merchandise trade to factors of production and markets. It will improve access to social services.



Improved transportation reduces transport costs and leads to creation of marketing networks. High quality and availability of transport facilities provide social benefits through improved access to social services such as education, health and markets by facilitating mobility, especially for rural communities.



In the short term, construction of road infrastructures provides increased incomes to the rural areas through employment of people and provides opportunities for merchandise and commodity trade. Lack of adequate road infrastructure is one of the major factors contributing to high poverty levels in rural Malawi.



Distinguished Guests, Ladies and Gentlemen


The upgrading and construction of the Ekwendeni – Ezondweni – Mtwalo road section is only the first phase of a number of projects that my government has planned over the next few years. I am pleased to report that the second phase of the project which covers the Mzimba – Mtangatanga road section is at an advanced stage. Furthermore, designs for the Mtangatanga – Mzalangwe road have been completed and construction works have since commenced and making good progress. The third phase would cover the section from Ezondweni through Kafukule to Mzalangwe and finally the section from Mtwalo to Njakwa. This will make Mzimba district well linked with good road networked.



I would like to assure the people of Mzimba and the Northern Region that there will be no stoppages in between the phases until the whole road project is completed.









Distinguished Guests, Ladies and Gentlemen

I would like to state further here and now that the development efforts of my government will not end with the construction of this project. As I am speaking now the procurement process for the construction of the Jenda – Embangweni – Edingeni – Euthini – Rumphi road is in progress. You will appreciate that the distance covered for this project is over 200 kilometers from Jenda to Rumphi. Due to distance, the road project has been divided into a number of manageable phases. The first phase will cover the construction of the section from Jenda – Embangweni – Edingeni, the Headquarters for Inkosi Ya Makosi M’mbelwa IV. Construction works of the road would be awarded very soon for the first 15 kilometers from Jenda. My government has allocated over MK500 million in the 2012/13 financial year. My government is busy talking to a number of donors, some of whom have already expressed interest to fund this project. These include the Abu Dhabi Fund, among others. This road project will bring a lot of economic and social benefits to the people living along the corridor.





Distinguished Guests, Ladies and Gentlemen


My government is further focusing on a number of road projects in the Northern region, these include among others;



The Rumphi – Nyika – Chitipa road project. Economic feasibility study and preliminary engineering design to assess the economic and technical viability of the road project is in progress with funding from Arab Economic Development Bank for Africa (BADEA).



However, in the meantime some activities are under design to upgrade to paved and gravel standard in some difficult sections of the road to ease travel and access to the Nyika National Park with funding from the World Bank; and



Mzuzu – Nkhata Bay road project. The African Development Bank has expressed interest in financing this road project and my government is positive that very soon rehabilitation of the project would commence in earnest.



Distinguished Guests, Ladies and Gentlemen

Let me at this stage give a vote of thanks and appreciation to the following:



The chairman , board members, management and staff of the Roads Authority for providing overall management and supervision of the designs and implementation of the construction works on behalf of the government;
The design and supervising engineers for the road Connex Consulting Engineers for the excellent designs and supervision services that ensured quality control for the works and also assisted in the settlement of claims; and finally,
The contractor for the road, Fargo Limited for the excellent construction of the road works which we can see today as a product of their diligent and professional work.



To the general public living along the road corridor, my appeal is that you should make sure that the road is well taken care of at all times.

Do not vandalise the road furniture which include among others road signs, guard rails, handrails and marker posts that are installed for the improvement of road safety. These must therefore not be vandalised. My request to the Honourable Members of Parliament, Chiefs and responsible citizens of Malawi is that let us all work together in stopping this malpractice which is costing Government huge resources.



Distinguished Guests, Ladies and Gentlemen

It is now my singular honour and pleasure to declare this road officially opened.



May God bless you all and mother Malawi.



I thank you.

Flash Back: Journalist assaulted during interview, treated as outpatient

Monday, 7 January 2013


Anthony Masamba, a journalist with one of Malawi’s major radio stations, Malawi Institute of Journalism FM (MIJ FM), was on Saturday, 5 January 2013 assaulted while conducting a face-to-face interview with the head of the Malawi Confederation of Chamber of Commerce and Industry (MCCCI), Chancellor Kaferapanjira.

The interview, which was not broadcast live on air, focused on recent media reports which claim that State House was overspending on its allocated budget. Despite calling for austerity measures to be put in place in Malawi, State House has reportedly overspent on its 2012/2013 national budget allocation barely five (5) months into the fiscal year. This has prompted criticism from various stakeholders, including civil society and media.

MCCCI is tasked with monitoring government expenditure and Masamba, who is also MIJ FM Bureau Chief for the capital city, Lilongwe, says he was seeking the body’s comment on the expenses incurred by State House when Kaferapanjira lost his cool and assaulted him.

"I asked him to comment on the alleged overspending at State House but he lost his temper, punched me and smashed my recorder," Masamba told the Malawi Chapter of the Media Institute of Southern Africa (MISA-Malawi).

The journalist has since been treated as an outpatient at Lilongwe’s Kamuzu Central Hospital for a fractured lower jaw and bruises. Police are currently investigating the matter.

Commenting on the matter, MISA-Malawi Chairperson, Anthony Kasunda, expressed shock and dismay at the conduct of the MCCCI executive.

“This is very sad and regrettable especially coming at a time when we are trying to forget the experiences of the past regime [of late president, Bingu wa Mutharika]. Journalists have a right to freely gather information and for a renowned official like Mr Kaferapanjira to do this is very unfortunate,” Kasunda said.

He added: "We have well set structures to deal with professional misconduct and if Mr Kaferapanjira had issues with the journalist, we would have appreciated it better if he had engaged the Media Council of Malawi or MISA to handle the matter. Journalists should not be beaten for merely doing their job and we urge the police should look into this matter thoroughly."

MISA-Malawi will continue to closely monitor further developments as well as Masamba’s condition.

Sunday, January 6, 2013

Statement by IMF Managing Director Christine Lagarde at the Conclusion of A Visit to Malawi

Press Release No. 13/2
January 5, 2013


Ms. Christine Lagarde, Managing Director of the International Monetary Fund (IMF), made the following statement today in Lilongwe:


“It is a great pleasure to be in Malawi for my first visit as Managing Director of the IMF. I had the privilege to meet President Joyce Banda and her cabinet, as well as the Governor of the Reserve Bank of Malawi.I also had the opportunity to exchange views with members of parliament, development partners, and business and civil society representatives, including a group of outstanding women leaders. Today, I visited a group of women supported by the Microloan Foundation of Malawi. I was particularly inspired by their resilience and entrepreneurship.


“Malawi’s recent economic situation has been difficult. Drought and lower-than-expected foreign exchange earnings have dampened growth and contributed to a spike in inflation in 2012. Notwithstanding the current hardships, many of my interlocutors were confident that the ongoing reforms will turn the economy around—an optimism that I share.


“During my discussions, I congratulated President Banda on the bold economic policies of its administration, including the liberalization of the foreign exchange market. I welcomed the government’s efforts to address the unforeseen challenges through her continued commitment to economic reforms.Malawi has already made significant progress in addressing the serious imbalances that were hampering economic growth just a few months ago. I also stressed the need to stay the course, while putting in place social protection programs to alleviate the impact of the adjustment measures on the poorest households. Continued assistance from development partners will be essential to support the ongoing reforms.


“Looking ahead, we at the IMF will continue to support Malawi with policy advice, financial assistance under the program supported by the Extended Credit Facility, and technical assistance and training to strengthen capacity in macroeconomic management. Malawi, like all of Sub-Saharan Africa, has become increasingly integrated into the rest of the world. Key risks today include the global economic uncertainty and rising food prices. In this context, it will be essential for African countries to have strong macroeconomic frameworks, improve institutional capacity, and ensure sustainable and inclusive growth in order to maintain the impressive economic performance of the last 10 years. The IMF will continue to assist them in these vital efforts.”


IMF EXTERNAL RELATIONS DEPARTMENT
Public Affairs Media Relations
E-mail: publicaffairs@imf.org E-mail: media@imf.org
Fax: 202-623-6220 Phone: 202-623-7100

Friday, January 4, 2013

January 17 Demos: 13 Days To Go!

Consultative Session of Stakeholders on Africa´s Aviation Industry Development

...Brussels, 10 – 11 December 2012

In implementing the EU-Africa Common Strategy adopted in 2005 and the Joint EU-Africa Partnership established in Lisbon in December 2007, the EU has provided through ACP, support to further develop the African civil aviation sector in the specific areas of aviation safety, security and air traffic management. To that effect, a total of nine million Euros (€9,000,000) has been approved by the ACP Committee of Ambassadors and endorsed by the European Commission under the 10th EDF.



This support will be implemented within the particular framework of the EU-Africa Infrastructure Partnership under the overall EU-Africa Strategic Partnership which is under the coordination of the African Union Commission (AUC) for the African side and the European Commission (EC) for the European Union side.



In that regard, a Consultative Session of stakeholders on Africa´s aviation industry development was held at the ACP House in Brussels on 10 and 11 December 2012 to consider implementation modalities for the aviation sector projects. The Session was attended by African and European Stakeholders. African Stakeholders were composed of AUC, EAC, ECCAS, ECOWAS, UEMOA, Madagascar, AFCAC and ASECNA. The AUC, which led the African delegation in the discussions, was represented by Mr. David KAJANGE, Head of Transport and Tourism Division and Mr. Adiron ALBERTO, Senior Policy Officer (Air Transport) from the Department of Infrastructure and Energy.



The progamme to be implemented under the aforementioned fund will cover project activities related to improvement of aviation safety, security and the introduction of European Geostationary Navigation Overlay Service (EGNOS) in accordance with the Global Navigation Satellite System (GNSS). The latter is part of a key strategy to move Africa from terrestrial based air navigation systems to more efficient and safer satellite augmented navigation networks.



The meeting was informed that following a bidding process which was carried out by ACP through an independent consultancy firm, the project to provide support on aviation safety and security was awarded to the European Aviation Safety Agency (EASA) and the International Air Transport Association (IATA) while the one on GNSS/EGNOS was awarded to the Agency for Aerial Navigation Safety in Africa and Madagascar (ASECNA) and the United Nations Science and Education Commission (UNESCO). The projects are scheduled to start early 2013 for the period of three years with possible extension depending on availability of funds under the 11th EDF.



The meeting established a Steering Committee as well as for the management of the projects which is chaired by the AUC and composed of the ACP, EC, RECs, AFCAC and AFRAA.



This endeavor is yet another mile stone towards the enhancement of efficiency in air transport in Africa as well as making its skies safer and more secure in line with the African Civil Aviation Policy (AFCAP) adopted at the January 2012 AU Summit. Moreover, it will contribute significantly to the acceleration of the economic integration of Africa as envisaged in the Abuja Treaty.



Consultation Meeting on AU-US Cooperation in Civil Aviation

The inaugural meeting on AU-US Cooperation in Civil Aviation was held in Washington DC, USA on 18 December 2012. The Meeting was co-chaired by Ms. Susan McDermott, Deputy Secretary for Aviation and International Affairs, US Department of Transportation (DOT) and Mr. Adiron Alberto, Senior Policy Officer (Air Transport), African Union (AU) Commission.



In attendance were Thirteen Officials from the US DOT, US State Department, US Federal Aviation Administration (FAA), US Department of Homeland Security (DHS), AU Commission, Economic Community of Central African States (ECCAS) and the African Airlines Association (AFRAA).



The main objective of the meeting was to explore areas of cooperation in the aviation field that would ultimately constitute a focused and concise cooperation framework and plan of action to be implemented within the overall AU-USA Partnership.



The discussion covered matters related to aviation safety, security, environmental protection, air transport policies, air law and regulations. The meeting was provided with overview regarding US aviation safety and security initiatives in Africa as well as policies and trends concerning air transportation between the United States of America and Africa. Furthermore, the Meeting was apprised of the implementation by African States of the African Civil Aviation Policy endorsed by the 18th AU Assembly of Heads of State and Government in January 2012.



The AU Commission acknowledged the assistance that the US has been providing to Africa through its initiatives on aviation safety, security and environment in implementing various programmes such as “Safe Skies for Africa”. The AU Commission expressed its appreciation as regard to continuous growing trade between Africa and US due to US Government Accountability Office (GAO). The AU Commission indicated that the continent is enjoying the ever increasing number of US Tourists visiting African touristic destinations.



AFRAA shared the experience of African Airlines in terms of transcontinental air connectivity and its active participation in the promotion of international air law instruments of utmost interest to African Airlines such as the Cape Town Convention on International Interests in Mobile Equipment and Protocol. In that regard, it was underscored that African Airlines are ready to contribute to the successful cooperation in aviation between the two regions.



In conclusion, the first consultation meeting provided fertile ground in developing a strong AU-USA common framework and plan of action on cooperation in aviation within the main frame of the AU-USA Partnership. It was agreed that the next round of consultation will take place during the 23rd Plenary Session scheduled in Accra, Ghana, from 2nd to 5th April 2013 and the third round of consultation is scheduled for Addis Ababa in July 2013.

African Union Commissioner Discusses Partnership with Japan on Trade and Industry Issues

Addis Ababa 04 January 2013 – AU Commissioner for trade and Industry Mrs Fatima Haram Acyl met with the Ambassador Extraordinary of the Republic of Japan to Ethiopia; Mr Hiroyuki Kishino today in her office today to exchange views on issues pertaining to Trade, Industry and Customs and on ways to work collaboratively for the economic development of Africa.



Both parties expressed appreciation for the very good relationship that exists between the AUC and Japan. Commissioner Acyl further thanked Japan for its continuous support to Africa within the framework of TICAD as well as through the World Trade Organisation on trade issues and through the World Customs Organisation on Customs issues.



Conscious of the challenges involved as compared to ASEAN, the Japanese Ambassador was particularly interested in the Department’s prospects on boosting intra-African trade and in the ambitious project of establishing a Continental Free Trade Area by the indicative date of 2017. He also highlighted the importance of adding value to Africa’s raw materials through the Accelerated Industrial Development of Africa (AIDA) and enquired about AU’s expectations from Japan in facilitating its implementation.



Commissioner Acyl emphasized the political will expressed by African leaders in dedicating the two Summits of 2012 to boosting intra-African trade and establishment of the Continental Free Trade Area, and by the creation of a High Level African Trade Committee composed of Heads of State and Government to champion the implementation of decisions taken in those areas. She then shared with the Ambassador the activities being carried out by the Department in pursuing that mandate, especially the formulation of an Implementation Strategy for concrete action at national, regional and continental levels. She also briefed the Ambassador on the resource mobilization strategy envisaged by the Department for the implementation of AIDA, including the sustainability of the Investment Monitoring Platform, a very useful web-based tool for potential investors in Africa, the pilot project of which has been funded by the European Union.



Both parties then discussed preparations for TICAD V which include elements directly related to trade such as trade facilitation and others that are cross-cutting with trade. Japan encouraged the AUC to play a role of policy leadership and to use the opportunity of the TICAD Forum to advocate with Member States on continental issues. Both parties agreed to meet again to discuss concrete projects.

African Union Commissioner Discusses Partnership with Japan on Trade and Industry Issues

Addis Ababa 04 January 2012 – AU Commissioner for trade and Industry Mrs Fatima Haram Acyl met with the Ambassador Extraordinary of the Republic of Japan to Ethiopia; Mr Hiroyuki Kishino today in her office today to exchange views on issues pertaining to Trade, Industry and Customs and on ways to work collaboratively for the economic development of Africa.



Both parties expressed appreciation for the very good relationship that exists between the AUC and Japan. Commissioner Acyl further thanked Japan for its continuous support to Africa within the framework of TICAD as well as through the World Trade Organisation on trade issues and through the World Customs Organisation on Customs issues.



Conscious of the challenges involved as compared to ASEAN, the Japanese Ambassador was particularly interested in the Department’s prospects on boosting intra-African trade and in the ambitious project of establishing a Continental Free Trade Area by the indicative date of 2017. He also highlighted the importance of adding value to Africa’s raw materials through the Accelerated Industrial Development of Africa (AIDA) and enquired about AU’s expectations from Japan in facilitating its implementation.



Commissioner Acyl emphasized the political will expressed by African leaders in dedicating the two Summits of 2012 to boosting intra-African trade and establishment of the Continental Free Trade Area, and by the creation of a High Level African Trade Committee composed of Heads of State and Government to champion the implementation of decisions taken in those areas. She then shared with the Ambassador the activities being carried out by the Department in pursuing that mandate, especially the formulation of an Implementation Strategy for concrete action at national, regional and continental levels. She also briefed the Ambassador on the resource mobilization strategy envisaged by the Department for the implementation of AIDA, including the sustainability of the Investment Monitoring Platform, a very useful web-based tool for potential investors in Africa, the pilot project of which has been funded by the European Union.



Both parties then discussed preparations for TICAD V which include elements directly related to trade such as trade facilitation and others that are cross-cutting with trade. Japan encouraged the AUC to play a role of policy leadership and to use the opportunity of the TICAD Forum to advocate with Member States on continental issues. Both parties agreed to meet again to discuss concrete projects.

Tuesday, January 1, 2013

Expectations for 2013

Finally, and as expected, the first rays of 2013 fell on the old stems of today- stems that have begun.

2013- that year which saw Malawi lose a sitting president; a year that saw Malawians become queue-mongers, as they battled for such basic commodities as sugar and salt and tea leaves in stock-depleted shops;a year that saw Malawi totter on the brink of economic collapse, as the Western world turned against a man they once touted: President Bingu wa Mutharika, the late - is now Malawi's new growth point. A point of regenration.

On these growths, new graces and mercies and calls may cling. Indeed, new hopes, wishes, aspirations may be born.

But, as happens in life, in equal measure they may die. Lucky are those who will be able to gracefully transform Malawi's sad lines to happy chords so that, in turn, we may find our appropriations authorised.

Let us not concentrate on faulting those who messed our past by bringing old bones to light. No. Instead, where we dwell, let the echoes die.

Of course, it is good to remember, and remind them, in moments when they want us to believe that we have forgotten of all those incidences we witnessed and saw, of the experiences we live to remember.

Of course, it is difficult to judge historical events as if they were happening for the first time. We can, all the same, just believe that they lie, that those things lie, secure in their decay!

Does this (believing that the old things lie secure in their decay) apply to the January 17 demonstrations being organised by the Consumers Association of Malawi (Cama)? How does it apply, since the demonstrations will be organised to settle old scores- the scores of 2012?

Well, it does not. The economic challenges Cama is talking about; the executive arrogance displayed by President Joyce Banda; the headless press releases being issued by Information Minister Moses Kunkuyu, who is deriding Cama Executive Director, John Kapito, for orchestrating the nationwide demonstrations; the innuendos coming from ruling People's Party officials- the likes of Hophmally Makande and Ken Msonda- are, all, not to blame for Cama's insistence that the demonstrations will go on.

What is at stake- and this is the real matter in the whole saga- is the right of citizens to express themselves in a manner they deem fit- so long as it is peaceful and considerate of other citizens' right to live peacefully and have a free conscious.

That is the issue.

Malawians, heavy at soul, and tired of having the dusk emanating from cruising Presidential convoys and motorcades- convoys and motorcades that have not rested for seven months simply because the Lady-President, Madam Joyce Banda, does not know the meaning of sitting at one place and working in the interest of the nation from morning till evening- dropping back a them, want to express their right to demonstrate by showing how unhappy they are.

There is nothing wrong with that. Remember the way Madam Joyce Banda described former president, the late Mutharika, as a tyrannical leader who butchered his own people, after 20 citizens- whose only crime was to express themselves in a manner condoned by the Republican Constitution- dropped dead in the streets of Blantyre, Lilongwe and Mzuzu. Some of them died in cold blood, unaware of the violent world around them, as they went about their business. One man- innocent and hopeful as all well-meaning citizens- was shot dead at his shop in Ndirande.

He had, as many times before, went to his tyre-fitting workplace to make ends meet on that 'wrong' day of July 20 and was met, violently so, by a bullet. The Malawi Police Service calls it a stray bullet- as if it came from the back of a duck as dung. But that deadly pellet came from a gun bought and duly registered by the Malawi Police Service.

So, it seems, Madam Joyce Banda might have been justified to name the former president names. Don't they call it name-calling? Madam Joyce Banda even backed the Civil Society Organisations tat planned the demonstrations, rendering her weight to their cause simply because she was a disgruntled Vice-President of the Republic of Malawi.

A Vice-President who was fired from her own party, the Democratic Progressive Party (DPP) on allegations that she was setting up parallel party structures along with her Vice-President Khumbo Kachali. Madam Joyce Banda said it was a human right to demonstrate and express oneself.

However, today, the very same Madam Joyce Banda wants to stand on the moral high ground and condemn Cama for organising the demonstrations. This, to say the truth, raises the question: For whom, or to whom, does history speak? To ordinary Malawians who lost their relatives during the July 20 and 21 demonstrations in 2012, or to the Joyce Banda who supported the fatal demonstrations but has now turned the corner, and is against them? Or, will history speak to her hypocrisy?

Now, is it not the very same Madam Joyce Banda who devalued the Kwacha by a whopping 49 percent in June, in the absence of cushioning measures? What is the basis, therefore, of stopping Malawians from demonstrating against the back-breaking negative effects and impact of the Madam Joyce Banda devaluation- sorry, I mean, devaluation of the Malawi Kwacha. Madam Joyce Banda just devalued the Kwacha, leaving Malawians at the mercy of monetary devices.

Malawians have now been forced to face the music, while Madam Joyce Banda eat free food, funded by the shoe-less tax payer, travels freely, without klosing a penny, and uses free State facilities in her frequent local and international travels. That is why Malawians are asking: Is this not hypocrisy? The truth is that we cannot wait for 'history' to grant us the response.

The response will be offered by history's brother: The 'present'! And the present, if we have to go straight to the point, is found in the Constitution of the Republic of Malawi, which backs citizens on peaceful demonstrations. If Madam Joyce Banda and her cronies are against the constitutional right to demonstrate, then, they are no longer upholding the Constitution they vowed to stand by, and for, in good times, and times of ill will.


This is the same Constitution that stipulates, explicitly, that Malawi shall have territorial integrity, and that this integrity should not be tempered with. But look at Tanzania now, and the way Malawians authorities are handling the issue. The Lake Malawi border dispute has been one of the major issues in 2012, and it is the hope of all Malawians that Tanzania will turn back from her bad ways, and abandon her outrageous claim that it owns part of Lake Malawi!

As Malawians hope that they won't be a repeat of the mistakes, miseries, and overload of 2012, the silent wish remains that: Let this unaccountable darkness move away! Let the economy not batter our hard-won freedom, from the confines of the 'deserted' President's office. This President who says she is just volunteering, but get's allowances for doing her juniors' jobs. Was charity this expensive?

Expectations for 2013

Finally, and as expected, the first rays of 2013 fell on the old stems of today- stems that have begun. 2013- that year which saw Malawi lose a sitting president; a year that saw Malawians become queue-mongers, as they battled for sugar and salt and tea leaves in stock-depleted shops;a year that saw Malawi totter on the brink of economic collapse, as the Western world turned against a man they once touted: President Bingu wa Mutharika, the late - is now Malawi's new growth. On these growths, new graces and mercies and calls may cling. Indeed, new hopes, wishes, aspirations may be born. But, as happens in life, in equal measure they may die. Lucky are those who will be able to gracefully transform Malawi's sad lines to happy chords so that, in turn, we may find our appropriations authorised. Let us not concentrate on faulting those who messed our past by bringing old bones to light. No. Instead, where we dwell, let the echoes die. Of course, it is good to remember, and remind them, in moments when they want us to believe that we have forgotten, of what we witnessed and saw. Of course, it is difficult to judge historical events as if they were happening for the first time. We can, all the same, just believe that they lie, those things lie, secure in their decay! Does this (believing that the old things lie secure in their decay) apply to the January 17 demonstrations being organised by the Consumers Association of Malawi (Cama)? How does it apply, since the demonstration will be organised to settle old scores- the scored of 2012? Well, it does not. The economic challenges Cama is talking about; the executive arrogance displayed by President Joyce Banda; the headless press releases being issued by Information Minister Moses Kunkuyu, who is deriding Cama Executive Director, John Kapito, for orchestrating the nationwide demonstrations; the innuendos coming from ruling People's Party officials- the likes of Hophmally Makande and Ken Msonda are, all, not to blame for Cama's insistence that the demonstrations will go on. What is at stake- and this is the real matter in the whole saga- is the right of citizens to express themselves in a manner they deem fit- so long as it is peaceful and considerate of other citizens' right to live peacefully and have a free conscious. That is the issue. Malawians, heavy at soul, and tired of having the dusk emanating from cruising Presidential convoys and motorcades- convoys and motorcades that have not rested for seven months simply because the Lady-President, Madam Joyce Banda, does not know the meaning of sitting at one place and working in the interest of the nation from morning till evening- dropping back a them, want to express their right to demonstrate by showing how unhappy they are. There is nothing wrong with that. Remember the way Madam Joyce Banda described former president, the late Mutharika, as a tyrannical leader who butchered his own people, after 20 citizens- whose only crime was to express themselves in a manner condoned by the Republican Constitution- dropped dead in the streets of Blantyre, Lilongwe and Mzuzu. Some of them died in cold blood, unaware of the violent world around them, as they went about their business. One man- innocent and hopeful as all well-meaning citizens- was shot dead at his shop in Ndirande. He had, as many times before, went to his tyre-fitting workplace to make ends meet on that 'wrong' day of July 20 and was met, violently so, by a bullet. The Malawi Police Service calls it a stray bullet- as if it came from the back of a duck as dung. But that deadly pellet came from a gun bought and duly registered by the Malawi Police Service. So, it seems, Madam Joyce Banda might have been justified to name the former president names. Don't they call it name-calling? Madam Joyce Banda even backed the Civil Society Organisations tat planned the demonstrations, rendering her weight to their cause simply because she was a disgruntled Vice-President of the Republic of Malawi. A Vice-President who was fired from her own party, the Democratic Progressive Party (DPP) on allegations that she was setting up parallel party structures along with her Vice-President Khumbo Kachali. Madam Joyce Banda said it was a human right to demonstrate and express oneself. However, today, the very same Madam Joyce Banda wants to stand on the moral high ground and condemn Cama for organising the demonstrations. This, to say the truth, raises the question: For whom, or to whom, does history speak? To ordinary Malawians who lost their relatives during the July 20 and 21 demonstrations in 2012, or to the Joyce Banda who supported the fatal demonstrations but has now turned the corner, and is against them? Or, will history speak to her hypocrisy? Now, is it not the very same Madam Joyce Banda who devalued the Kwacha by a whopping 49 percent in June, in the absence of cushioning measures? What is the basis, therefore, of stopping Malawians from demonstrating against the back-breaking negative effects and impact of the Madam Joyce Banda devaluation- sorry, I mean, devaluation of the Malawi Kwacha. Madam Joyce Banda just devalued the Kwacha, leaving Malawians at the mercy of monetary devices. Malawians have now been forced to face the music, while Madam Joyce Banda eat free food, funded by the shoe-less tax payer, travels freely, without klosing a penny, and uses free State facilities in her frequent local and international travels. That is why Malawians are asking: Is this not hypocrisy? The truth is that we cannot wait for 'history' to grant us the response. The response will be offered by history's brother: The 'present'! And the present, if we have to go straight to the point, is found in the Constitution of the Republic of Malawi, which backs citizens on peaceful demonstrations. If Madam Joyce Banda and her cronies are against the constitutional right to demonstrate, then, they are no longer upholding the Constitution they vowed to stand by, and for, in good times, and times of ill will. This is the same Constitution that stipulates, explicitly, that Malawi shall have territorial integrity, and that this integrity should not be tempered with. But look at Tanzania now, and the way Malawians authorities are handling the issue. The Lake Malawi border dispute has been one of the major issues in 2012, and it is the hope of all Malawians that Tanzania will turn back from her bad ways, and abandon her outrageous claim that it owns part of Lake Malawi! As Malawians hope that they won't be a repeat of the mistakes, miseries, and overload of 2012, the silent wish remains that: Let this unaccountable darkness move away! Let the economy not batter our hard-won freedom, from the confines of the 'deserted' President's office. This President who says is a volunteer, but get's allowances for doing her juniors' jobs. Was charity this expensive?

NEW YEAR STATEMENT FROM DR. NKOSAZANA DLAMINI ZUMA CHAIRPERSON OF THE AFRICAN UNION COMMISSION

In 2012, we celebrated success in a number of fields as the continent sought to achieve its common vision of development, peace and integration. The development outlook for the continent looks bright as Africa is now considered the next growth pole. A number of countries inched closer to their development goals by registering impressive growth rates, some of which were in excess of 10%. Other countries discovered new sources of wealth in the form of minerals, oil and other deposits. Good governance became the norm in many countries. In Somalia, the country has entered a post conflict reconstruction and development phase. In September, African mediation resulted in the signing of a historic agreement between Sudan and South Sudan. Our athletes took to the track and field in the London Olympics and brought glory to the continent. Many other countless successes were realized. 2013 will mark a momentous occasion for the continent: the 50th anniversary of the formation of the Organisation of African Unity, and 11 years of the launch of the African Union. As the Secretariat of the Union, the Commission will ensure that the marking of 50th anniversary is an important milestone in the history of the continent. It will be an opportunity to reflect on where we come from, appreciate where we are, and plan for where we are going in the next 50 years. In this regard, a long term African Union-wide strategic framework is under development. Similarly, the 4 year AU Commission Strategy (2013-2017) is being finalized. In the New Year, the continent will host the African Cup of Nations in South Africa. The tournament will be an opportunity for Africa and its citizens to come together as players and spectators. It will also be an opportunity to demonstrate the spirit of fair play, courage, respect for diversity and determination. More importantly, soccer as a catalyst for change will bring together communities across borders, races, colour, religion and language. But challenges await us as we enter the New Year. As a continent we are still dealing with conflict situations that derail the continent’s march towards development. The situations in Mali, the Central African Republic, and the DRC require our continued attention and resolution. In 2013, the Union will continue to monitor elections in Africa. For the first time, the AUC will be sending a Long Term Observer (LTO) Expert Mission to the scheduled March 4th 2013 General Elections in the Republic of Kenya. On the programmatic front, we are making progress in science, as scientific advancement will heavily influence tour development process. We are about to launch the Pan African University. Efforts to harmonise infrastructure development are well under way under the Programme for Infrastructure Development in Africa (PIDA). The Commission is working with Member States to realize the goals of intra African trade. Agriculture remains the backbone of Africa’s economy. The Comprehensive African Agricultural Development Programme (CAADP) continues to be the platform best placed to raise agricultural productivity. With this programme, Africa expects not only to have enough food supplies but also to have excess to export, thereby contributing to family incomes and raising standards of living for the majority of the continent’s one billion people. Environmental and climate change are also major priorities for the Union as we seek to ensure that we leave a legacy of sound environmental management for our children. In terms of health, the Union will focus particularly on maternal and child health, under the Campaign for Accelerated Reduction of Maternal Mortality in Africa (CARMMA) and on fighting the scourges of HIV, tuberculosis and malaria. Women constitute more than 50% of the continent’s population and their engagement in all spheres of human endeavor is imperative. Thus the Commission will continue to aim to achieve 50-50 parity in its employment structures, ensure that women attain decision making positions and to advocate for women’s development across the continent on the platform of the African Women’s Decade. As we enter the New Year, I would like to thank the Heads of State and Government of the African Union, Member States, and the African citizens for their support to our work. I would also like to thank the management and staff of the African Union Commission for their unparalleled commitment to our continent. The Commission is aware of the challenges that lie ahead of us, as well as of the need to consolidate the gains that have been made thus far. The Commission will do everything in its power to advance the continental agenda, building on the achievements registered so far. Africa is on the right track. United we are strong. On behalf of the African Union Commission, I wish you all a happy and prosperous 2013. Let us advance the ideals of Pan Africanism and the African Renaissance. Addis Ababa, 31st December 2012