MHRC POSITION ON THE CURRENT SOCIAL, POLITICAL AND ECONOMIC SITUATION IN MALAWI (Full statement

1.0. INTRODUCTION
The Malawi Human Rights Commission (the Commission) is an independent Constitutional body established by Section 129 of the Constitution of the Republic of Malawi to protect and promote human rights and conduct investigations on human rights violations on its own volition or upon receipt of complaints. The Commission has observed and monitored with concern the deteriorating socio, political, and economic situation in the country and would like to put forward its position to concerned stakeholders including the government and the public.

The Commission has noted twelve (12) key emerging issues in Malawi which have a greater bearing on the protection, enjoyment and promotion of human rights as enshrined in the Constitution of Malawi (Chapter IV) and a number of international and regional human rights instruments including the International Covenant on Economic, Social and Cultural Rights (ICESCR), the International Covenant on Civil and Political Rights (ICCPR) and the African Charter on Human and Peoples Rights (ACHPR). The issues are as follows:
a) The Rising cost of living
b) The Acute shortage of fuel supply (petrol and diesel)
c) The Deteriorating state of Malawi’s health service delivery
d) The Persistent power outage.
e) The Delays to fully operationalize land disputes settlement mechanism under the new Land Laws
f) The Affordable Input Programme (AIP)
g) Delays in the tabling and enactment of Food and Nutrition Bill
h) ThehungercrisisinMalawiprisons
i) The Implementation of Access to Information Legislation.
j) The Non-disclosure of “the Report on the Review of Public Service Systems of Allowances, Employment Contracts, Procurement, and the Conditions of Service and Restructuring”.
k) The Right to hold demonstrations peacefully and unarmed and freedom of assembly l) Threats to Rule of Law in the context of the mandates of Constitutional bodies.

2.0. KEY OBSERVATIONS ON THE SOCIAL, POLITICAL, AND ECONOMIC SITUATION IN THE COUNTRY AND ITS IMPLICATIONS ON HUMAN RIGHTS
2.1. RISING OF COST OF LIVING
The Commission is gravely concerned with the continued rise in the cost of living in the country as reflected by the continued sharp increase in prices of basic commodities, among other indicators. This is all happening against a background of slow economic growth and rising inflation (projected at over 3.6%) largely due to the effects of COVID-19, volatile global geopolitical and economic trends whose effects have led to public distress. The recent World Bank Poverty Assessment Report has found that just over half of Malawian population (50.7%) are poor, almost no different from a decade ago. High population growth, low levels of average per capita GDP growth (1.5%) and reliance on low productivity, rain-fed small-holder agriculture are some of the core drivers of stagnant poverty levels.

The majority of Malawians, including those in formal and informal employment, women, persons with disabilities and the elderly, children, and other vulnerable groups are struggling to meet life’s basic necessities, a situation that is leading to violation of a number of economic, social and cultural rights such as right to economic activity, right to dignity, right to an adequate standard of living, right to food, and right to health. The Commission’s recent report on mental health released in October 2022 revealed that the increasing cases of suicide in the country were partly due to the prevailing tough economic conditions that have led to people being unemployed and depressed. This is aggravated by the weak implementation of social protection programs targeting the vulnerable Malawians, which have since shrunk because of global economic trends and reduction of aid to Malawi.

2.2. THE ACUTE SHORTAGE OF FUEL SUPPLY IN THE COUNTRY
The Commission has also observed that the current acute shortage of fuel supply (petrol and diesel) in the country has reached unprecedented levels with serious implications on the enjoyment of various human rights. The availability of fuel and an uninterrupted fuel supply are the catalysts of the enjoyment of a number of socio-economic rights including right to development, right to economic activity, right to health, right to food and many other rights. The Commission observes the following as some of the key effects of the current fuel crisis: discriminatory and preferential treatment based on one’s economic, political or racial status in accessing the scarce commodity; reduction of productivity and economic activity in all sectors; and double increase of fuel prices on the illegal black market. All this has a grave bearing on the performance of the economy.

The Commission understands that the supply of fuel into the country has been affected by the unavailability of forex. It is however concerned that Government has been slow in taking urgent action to address the situation, and that the austerity measures that were imposed to address the challenge are not followed by those executing and monitoring the same. The continued depletion of the limited forex through external travels and the alleged dubious purchase of Affordable Farm Input Programme meant for the 2022/23 planting season in which the Commission has learnt, forex was involved, are worrisome developments in this regard.

It is the strong view of the Commission that government must not only work towards addressing the current fuel crisis but must also be seen to be taking action in earnest to address the same. The Commission is concerned that Government continues to display insensitivity to the plight of the citizenry given the current situation as reflected in the continued increase of local and international travels contrary to the austerity measures which were introduced by government itself to address the situation. Further, corruption including grand scale corruption continues to rise unabated, aggravating the situation of illicit financial flows at the expense of effective and efficient delivery of quality public services.

2.3. DETERIORATING STATE OF MALAWI’S HEALTH SERVICE DELIVERY
The Commission further notes with great concern the deteriorating standards of health services in the country. The Commission has learnt from recent reports that out of one hundred (100) people dying at the Kamuzu Central Hospital, ten (10) are due to reasons such as shortage of medication, lack of admission space, lack of food for the patients, inadequate medical staff, and lack of working medical equipment. It is learnt that the situation is worse in district hospitals and community health centers.

The Commission however commends government’s plans to construct at least 145 new health posts as well as the Cancer Centre in the 2022/23 fiscal year. The construction of the Cancer Centre is long overdue, and urgent action towards the completion of the same is required.

The Commission further commends government for acknowledging that the health sector needs urgent fixing in order to improve service delivery. Amongst the key challenges that require fixing is the situation of drug shortage and its related procurement challenges. The Commission recalls that the Association of Malawian Midwives (AMAMI) and the National Organization of Nurses and Midwives (NONM) have on several occasions raised concerns on shortage of essential drugs in our public hospitals a scenario which is not only deplorable, inexcusable and unacceptable but also an outright violation of human rights particularly rights to health, life and dignity.

It is the Commission’s considered view that at the centre of the current drug crisis in public health facilities are issues of lack of coordination amongst actors in the supply chain; lack of transformative leadership to address the procurement-related bottlenecks leading to continued delays to procure and supply drugs to districts; mis-procurement partly due to poor planning and budget estimates for drugs at the district level where such processes are hijacked by administrators at the expense of pharmacy personnel; prevailing huge debts by Central Medical Stores Trust to suppliers leading to unpaid suppliers refusing to act on fresh supplies; and inadequate funding to the health sector1, which is below the required 15% threshold allocation to health sector as per the African Union’s 2011 Abuja Declaration on funding national health budgets; and accountability- related challenges.

2.4. PERSISTENT POWER OUTAGE
The Commission notes with concern the persistent power outages across the country. Electricity supports operations from production to social service delivery such as in hospitals. Recently there has been an outcry in Malawi’s public hospitals of equipment failing to operate to save lives. Some of the reasons cited for this being persistent power outage. This has had an adverse effect on the right to quality health care as Malawians have been denied such services. Besides, the persistent power outage has serious implications towards Malawi’s realization of its 2063 development vision where the role and contribution of industrialization (both SMEs and large scale) to this vision is key. The Commission wishes to remind the Government of Malawi of the obligation it has under section 30 (4) of the Constitution of Malawi to respect the right to development and to justify its policies in accordance with this responsibility. The Commission further realizes that the country cannot register any meaningful development without reliable source of energy.

2.5. DELAYS TO FULLY OPERATIONALIZE LAND DISPUTES SETTLEMENT MECHANISM UNDER THE NEW LAND LAWS
The Commission notes with concern the delays to fully operationalize the land disputes settlement mechanisms created under the Customary Land Act of 2016. The Customary Land Act of 2016 established mechanisms2 which decentralize and brings land dispute settlements mechanisms to the local level with the objective of ensuring expedient settlement of these disputes and also allow, where possible, for some mediation before arbitration can be considered. However, to-date these land dispute settlement mechanisms are yet to be rolled out at community (GVH and TA levels) and district level despite government’s announcement that the new land Laws are now in operation following the President assent to the 2022 Amendments to these laws. Such a delay has had serious
1 Malawi’s Health Sector was allocated by Parliament 9.4% and 10% (MWK 283.37 billion) in the 2021/22 and 2022/23 Financial year respectively.
2 These include: Customary Land Committee at GVH level; Customary Land Tribunal at TA level; District Land Tribunal at District Level; and Central Land Board.
4implications right to access to justice in the context of land conflicts especially amongst the vulnerable people including women, children, persons with disabilities and the elderly. This is a worrisome development, and requires urgent action on the part of government.
Furthermore, the Commission notes that government has started the process of development of land Regulations to accompany the implementation of the new land laws. However, the Commission calls on government to ensure that such a process is consultative, inclusive and comprehensive to ensure that all areas requiring clarification in terms of implementation of the new Land laws are ably dealt with in these new land Regulations. A human rights-based approach to land governance based on the Voluntary Guidelines on Responsible Tenure of Land, Fisheries and Forestry (VGGT) should guide such a process.

2.6. THE AFFORDABLE INPUT PROGRAMME (AIP)
The Commission is seriously concerned with the recent developments around the dubious sourcing of AIP supplies which has reportedly led to the vanishing of 750 million Kwacha. It is reported that government paid K750,000 million to UK Firm, Barkat Foods Limited which it had contracted to buy fertilizer on its behalf. It is further reported that no tender was floated in effect to the contract, Treasury was bypassed in the decision, and Public Procurement and Disposal Authority (PPDA) and Anti-Corruption Bureau (ACB) were never consulted. In a typical case of a “Roving banditry” perpetrated by state elites (politicians and bureaucrats) and their associates as ably described by one Political Economy and Governance Expert Henry Chingaipe3, the recent AIP procurement scandal is a good example of how the informal rules continue to replace the formal rules in public finance management as some “actors involved in public finance management have incentives not to comply with the formal rules, regulations and procedures for the stewardship of public money”

4.The Commission appreciates the current efforts being spearheaded by the Parliamentary Joint Committee to investigate this matter and uncover the circumstances that surrounded the procurement and those responsible for any wrongdoing. The Commission also welcomes the Anti- Corruption Bureau (ACB’s) announcement to investigate the matter. However, the Commission notes with concern some elements of politicization of the inquiry where some individuals who were supposed to appear before the Parliamentary Joint Committee were removed from the list allegedly due to political reasons.

The Commission would like to remind the Honorable Members of the Joint Committee of the constitutional obligation they have as they are performing such a
3 Henry Chingaipe, “A decade of Governance as ‘Roving Banditry’: the Political Economy of Public Finance Mismanagement in Malawi 2010-2022”. In Kenneth R. Ross, Asiyati Lorraine Chiweza, and Wapulumuka O. Mulwafwa (2022) (eds). Beyond Impunity New Directions for Governance in Malawi. UCT Press and Mzuni Press
4 Henry Chingaipe, “A decade of Governance as ‘Roving Banditry’: the Political Economy of Public Finance Mismanagement in Malawi 2010-2022”. role on public trust and interest, and as such, they have a duty to ensure that the inquiry is comprehensive, objective, impartial, evidence-based, and free from any biasness or selectiveness. The Commission also urges the Anti-Corruption Bureau to prioritize the investigation of the AIP deals as it has a direct impact of affecting citizens in this harvesting season and potentially having harming effects to farmers.

The Commission is concerned with the continued rising cost of fertilizer in the Country which has serious negative implications on the enjoyment of several human rights including the right to food, the right to an adequate standard of living, and the right to health. The current high cost of farm inputs is potentially a critical factor for food insecurity in 2023. However, the Commission welcomes the recent announcement by government that AIP beneficiaries will buy the 50Kg of fertilizer at K15,000 and 5 Kg packet of seed at K5,000. Whilst the amount is relatively still on the higher side, it is a positive step towards ensuring that these farm inputs are accessible to the targeted vulnerable poor in the context of skyrocketing fertilizer prizes.

The Commission is further concerned with the continued closure of ADMARC with no alternative vehicle performing the functions of ADMARC.
It is the view of the Commission that the recent events relating to AIP should bring back the national agenda and discourse around the issue of the utility and continuity of the program. The Commission recalls that both the State of National Address (SONA) and the 2022/23 National Budget Statement acknowledged that despite the successes of AIP which has led to increased numbers of beneficiaries5 and subsequent increase in maize production6 the programme has been marred with several challenges.

These included poor internet network; corrupt practices due to congestion; minimal, fewer and sparsely located AIP retailing centers making some beneficiaries including persons with disabilities, women and the elderly travel long distances as far as 20 km to redeem their inputs; failure to redeem inputs due to missing and expired National IDs; absent suppliers7; lack of civil society involvement in the programme; and lack of effective complaints handling system to urgent address emerging complaints from the program8.

The Commission also observes that despite a reduction in the budgetary allocation towards AIP9 the program continues to enjoy the lion’s share of the Ministry of Agriculture budgetary allocation. This has often raised issues of the sustainability of the programme and the real contributions towards ending food 5 3.4 million farmers redeemed their inputs, representing a 90% redemption rate 6 Notwithstanding good rains which characterized the period, the country registered 21% increase in maize production
from 3.8 million metric tonnes in the 2019/2020 growing season to 4.6 million metric tonnes in the 2020/21 (Ministry of Agriculture, 2021) harvest largely due to a successful AIP first phase.

7 some suppliers never showed up at some redeeming centres especially those in rural areas while others showed up late.
8 These challenges were confirmed by MHRC post AIP evaluative monitoring done in 2021.
9 In 2022-23 a total of K109 Billion had been allocated to AIP, a reduction from K142 Billion in the previous year.
6security, especially in the medium and long term mindful of the fact that the same farmers continue to benefit every year from the programme without graduating into being self-reliant.

2.7. DELAYS IN TABLING AND ENACTING FOOD AND NUTRITION BILL
The Commission is gravely concerned by the continued delays by government to table the Food and Nutrition Bill. The Commission recalls that this Bill has been under deliberations by various actors including government and civil society since 2003, and no concrete action has been taken by government to bring the Bill before Parliament for deliberations and enactment. A legislation on Right to Food and Nutrition would be key in helping address some of the challenges the country is facing in as far as food and nutrition is concerned. Aligned to the Constitution of Malawi, ICESCR, the Universal Declaration on Human Rights (UDHR), and the recommendations of the UN Special Rapporteur on Right to Food to Malawi, guarantees the right to adequate food and nutrition within the context of progressive realization of right to adequate food. The tabling and passing of this Bill are long overdue mindful of a plethora of food security and nutrition issues the country is battling with at the moment.

2.8. HUNGER CRISIS IN PRISONS
The Commission is concerned on the continued delays by authorities to act on the hunger crisis in prisons. In October 2022 the Commission conducted a fact-finding mission in some prisons in the country following media reports that Malawi prisons were facing serious hunger problem to the extent that prisoners were going for days without food whilst others relied on well-wishers who brought food during prison visitations. The preliminary findings of this fact-finding mission revealed that the situation was worse than reported in the media. Visits to Zomba, Chichiri, and Maula prisons showed that all these prisons had run out of maize stock and could not prepare meals as required by law.

The major causes of such a crisis were low funding to the prisons and increase in maize prices. These findings were published in our press statement dated 20th October 2022 and subsequently shared with prison authorities and government. However, despite such advocacy efforts little has been done to address the situation in the long term. The continued failure by government and prison authorities to act on this is a violation of Section 42 of the Constitution of Malawi which requires that persons that are placed under detention must be kept in conditions that are consistent with human dignity and this includes adequate nutrition. This is also a violation to right to adequate food.

2.9. IMPLEMENTATON OF ACCESS TO INFORMATION LEGISLATION
The operationalization of the Access to Information Act (2017) in September 2020 and subsequently gazetting of the Access to Information Regulations in January 2021 brought revived the hopes of Malawians in the enjoyment of the right to access to public information. It in fact generated confidence among Malawians in the current regime’s drive towards the promotion of transparency and accountability. However, the Commission has noted with great concern the blatant non-compliance of the same law by Government. For example, the responsible Minister has failed to publish names of the information officers in the newspapers as required by the Access to Information Regulations.

The publishment of names of information officers is crucial in ensuring that the public is made aware of who to contact in a ministry, department or agency whenever requesting for information. Despite the Commission’s efforts to engage the Ministry on these matters, there has been no response – a development which in the Commission’s view is regrettable. Besides, the Commission is concerned with low levels of public awareness on the new legislation due to funding constraints. In the 2022-23 financial year, the Access to Information Unit at the Commission was allocated K8 million against the estimated budget of K150 million kwacha. This limited funding meant that the Commission could not be able to adequately and effectively carryout awareness raising activities in this financial year. Furthermore, the Commission is concerned that despite the rolling of the legislation most information holders are not complying with the legislation.

2.10. NON-DISCLOSURE OF THE REPORT ON THE REVIEW OF PUBLIC SERVICE SYSTEMS OF ALLOWANCES, EMPLOYMENT CONTRACTS, PROCUREMENT, AND ON THE CONDITIONS OF SERVICE AND RESTRUCTURING
The Commission remains concerned that to-date the President has not released the Report on the Review of Public Service Systems of Allowance, employment, contracts, procurement, and on the conditions of service and restructuring. While the Commission appreciates that the report was a product of the President’s directive, its contents remain of public interest.

In the spirit of promotion of access to information and fostering constructive public dialogue and engagement on the observations and recommendations of the report including on the question of conditions of service for civil servants, it is important that the President releases such report to the public as a matter of urgency. As a custodian of the Access to Information Act (ATI), the Commission sees no justifiable reasons for keeping the report out of the public domain. Continued failure to release such a report is a violation of the Constitutionally guaranteed right to access to information. The Government cannot continue to take pride in the operationalization of the Access to Information Act when the President withholds such important information that has public interest.

The Commission recalls that the current government pledged in both the State of National Address (SONA) and the Budget Statement to review the working conditions of public servants including increasing their salary. While the Commission commends the government for such a gesture, it is the expectation of the Commission that the Report on the Review of Public Service Systems of Allowance, employment, contracts, procurement and on the conditions of service and restructuring- after it has been publicly released- would also serve the reference purpose when reviewing these conditions of service. The Commission is aware – based on the Terms of Reference (TORs) of the Taskforce -that the issue of public servants working conditions including salaries was one of the issues which the Taskforce was mandated to address.

2.11. RIGHT TO HOLD DEMONSTRATIONS PEACEFULLY AND UNARMED AND FREEDOM OF ASSEMBLY
Section 38 of the Constitution of Malawi provides that every person shall have the right to assemble and demonstrate with others peacefully and unarmed. However, the Commission is concerned at the manner the state machinery is stifling the right for the citizenry to hold peaceful demonstrations. The highhanded manner in which demonstrators have been dealt with has led to the demonstrations turning violent on some occasions. The Commission is calling upon government to be cognizant at all times of the fact that holding peaceful demonstrations is a Constitutional right and cannot be suspended or curtailed except through means provided by law.

The Commission therefore recommends that the relevant duty bearers should facilitate an environment in which the citizenry’s right to hold peaceful and unarmed demonstrations is upheld at all times, save for the restrictions provided for in the relevant laws. The Commission would also like to call on members of the general public to ensure that the right to hold demonstrations peacefully and unarmed is exercised within the confines of the applicable laws.

The Commission is further concerned that there has been a lack of responsiveness on the part of the government to the various petitions that non-state actors have presented before it through demonstrations. Going through the petitions addressed to relevant government entities including the President, the Commission observes that some of the issues raised in these petitions relate to the human rights obligations of the government to protect, respect and fulfil social, civil, political, economic and cultural rights. The Commission would therefore like to remind the government that it has an obligation not only to act on such concerns but also give feedback or response on what government is doing to address the raised concerns.

2.12. THREATS TO RULE OF LAW IN THE CONTEXT OF MANDATES OF CONSTITTUIONAL BODIES.
The Commission notes with great concern the continued attempts by the Executive and some individuals to deliberately undermine the determinations of Constitutional bodies particularly the Office of Ombudsman. The recent decision by National Oil Company of Malawi (NOCMA) through a letter signed by Secretary to the President and Cabinet (SPC) Colleen Zamba to defy the Ombudsman determination on recruitment of NOCMA Acting Chief Executive Officer Hellen Buluma is an outright disregard of rule of law. The Commission condemns this “systematic and organized” attempt to undermine the rule of law in strongest terms. It is the view of the Commission – as already observed by the Office of Ombudsman and the Parliamentary Legal Affairs Committee – that in the absence of a decision of a Court to set aside the Ombudsman determinations, the NOCMA Board has no legal mandate to withhold implementation of the Ombudsman’s determination.

In the same vein, the Commission is disturbed by the continued attempts by political parties’ supporters to prevent those politicians implicated in corruption from being interrogated by the Anti-Corruption Bureau (ACB). Whilst political supporters have the right to provide moral support to their leaders when arrested or summoned by ACB, any action aimed at blocking or stopping ACB from effectively carrying out its mandate through interrogating or arresting those implicated in corruption is unlawful and tantamount to interference with the work of ACB. The Commission appeals to political party leaders and their leaders to refrain from such unlawful conduct.

3.0. RECOMMENDATIONS
In line with its mandate, the Commission makes the following recommendations:
a) The Government should urgently address the current rising cost of living and fuel scarcity problems. There is need for Government officials including Malawi Energy Regulatory Authority (MERA) to provide accurate and regular updates to the nation on the fuel crisis.
b) The Government must review the Social Protection programme in terms of design, implementation and reach to ensure its effectiveness in cushioning the vulnerable Malawians who are experiencing the adverse effects of the rising cost of living and shortage of fuel.
c) The Government must enhance export competitiveness and market-oriented growth through implementation of the National Export strategy supporting the private sector development and focusing on agricultural commercialization and productive growth.
d) The Presidency must walk the austerity measures talk by amongst other things reducing the size of the Presidential convoys, the number of local and international trips and a performance appraisal of his Cabinet Ministers.
e) The Government must urgently address the power outage situation mindful of its negative implications on the economy and enjoyment of human rights. It should further consider making alternative energy (solar energy and gas) available and affordable to ease pressure on the available hydroelectric power.
f) The Government should increase the budgetary allocation to the Health Sector to 15% as per its commitment under the AU’s Abuja Declaration

g) The Government should demonstrate transformational leadership through the newly launched Presidential Delivery Unit (PDU) and the current Vice President led Public Sector Reforms by closely working with the CMST, Public Procurement and Disposal of Assets Authority (PPDA), Government Contracting Unit, Anti-Corruption Bureau, AMAMI, NONM, Union of Clinicians and Allied Health professionals, amongst others to uncover and provide long-lasting solutions to bottlenecks that lead to acute shortage or delays of drugs supply in hospitals. This should also include unlocking procurement and distribution-related bottlenecks.
h) The Government should scale up measures to address accountability and transparency in the management of health commodities including drugs. This should include fully supporting National Audit Office to conduct timely and effective audits in the procurement and utilization of drugs.
i) The Government (Executive and Parliament) should urgently intervene and facilitate the urgent reopening of ADMARC whilst at the same time addressing accountability and labour related issues associated with its closure.
j) The Government should hold AIP as a short-term strategy towards the realization of food security, and should already start preparing an exit strategy and encourage citizens to do commercial farming and hence becoming self-reliant.
k) The Government should ensure that all the challenges that had marred the previous AIP are addressed to ensure a smooth implementation of the current program.
l) The Government should integrate a human rights-based complaints handling system within the AIP program to ensure speedy handling of all AIP-related complaints at national, district and local levels. Government can work hand in hand with the Anti-Corruption Bureau, Malawi Human Rights Commission (MHRC), Legal Aid Bureau, National Initiative for Civic Education, and the Office of Ombudsman in developing such an AIP system.
m) The President should publicly release the Report on the Review of Public Service Systems of Allowances, employment contracts, procurement, and on the conditions of service and restructuring to facilitate public debate on the observations and recommendations in the report relating to working conditions of civil servants.
n) The Government should ensure that the increments in civil servants’ salary should be guided by policy and evidence which should include the prevailing economic conditions as well as considerations of the recommendations in the Report on the Review of Public Service Systems of Allowances, employment contracts, procurement, and on the conditions of service and restructuring. This is besides consulting with the Civil Service Trade Union as already committed.

o) The Government to desist from stifling the right to demonstration as this has a negative outcome on the progress of democracy in our country. Instead, it should facilitate peaceful demonstrations in the spirit of promoting and implementing the Constitution without discrimination of any kind.
p) The NOCMA Board should comply with the determination of the Office of Ombudsman within the confines of rule of law and we urge all others to desist from crippling of governance institutions for exercising their mandates.
q) The Joint Parliamentary Committee on AIP and Anti-Corruption Bureau (ACB) should expedite the investigations into the alleged dubious sourcing of AIP supplies.
r) The Government should comply with the provisions of the law and without any further delay publish the names of all information officers for all MDAs.
s) The Government should adequately fund the Malawi Human Rights Commission to be able to fully implement its mandate under Access to Information Act.
t) The Chief Commissioner of Prisons, the Minister of Homeland and Security and Minister of Finance should find a quick solution to avert the impending national humanitarian crisis in prisons
u) The Government should table the Food and Nutrition Bill in the 7th Meeting of the National Assembly in the 49th Session of Parliament to be held between 14th November to 16th December 2022 for deliberations and subsequent enactment.
v) The Government should fully operationalize the land disputes settlement mechanism in order to facilitate for access to justice for the vulnerable people in the communities and districts.
w) The Government should ensure that the process of development of land related Regulations to support and guide implementation of the new Land Laws should be consultative, inclusive, and comprehensive.
4.0. CONCLUSION
The Commission notes that the issues raised in the statement are a reflection of the reality on the ground, and therefore the State is duty-bound to act on them in the public interest. The Constitution of Republic of Malawi is clear on this State’s obligation in Section 12:
All legal and political authority of the State derives from the people of Malawi and shall be exercised in accordance with this Constitution solely to serve and protect their interests…The authority to exercise power of State is conditional upon the sustained trust of the people of Malawi, and that trust can only be maintained through open, accountable, and transparent Government and informed democratic choice.

Renowned governance experts10 have further elaborated on this as follows: “public trust has critical implications on the long-term legitimacy and democratic consolidation of any polity”. The Commission therefore expects that government and other relevant stakeholders to urgently act on these observations and recommendations as they have a great bearing on the enjoyment of human rights. As a Commission, we will continue to monitor the socio, political and economic situation in the country including making follow-ups on the implementation of the observations and recommendations raised in this statement as per our mandate.
God bless you Malawi!
Signed on Behalf of the Commission
Scader Louis
Chairperson
Malawi Human Rights Commission
Released on 14th November 2022 Lilongwe, Malawi
10 Joseph Chunga and Happy Kayuni, “Two Decades of Governance in Malawi: Examining Citizen Trust in Malawi from 1999-2019” In Kenneth R. Ross, Asiyati Lorraine Chiweza, and Wapulumuka O. Mulwafwa (2022) (eds). Beyond Impunity New Directions for Governance in Malawi. UCT Press and Mzuni Press
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