Country Report on Human Rights Practices for 1990
MALAWI
Malawi's political, economic, and social development has been
dominated by Life President Dr. Hastings Kamuzu Banda ever
since he led it to independence in 1964. Dr. Banda is also
Life President of Malawi's sole legal party, the Malawi
Congress Party (MCP) . The Cabinet and Parliament are
subordinate to the MCP Central Committee. Only candidates
selected by the party and approved by the President may
contest parliamentary elections. Constitutional amendments
and laws passed by the Parliament mirror decisions already
taken by President Banda.
Police and party security organs—notably the Security and
Intelligence Service (SIS), the MCP Youth League, and the
Malawi Young Pioneers (MYP)—closely monitor a wide range of
the population's activities. The Police Mobile Force and the
youth groups committed serious human rights violations in
1990. In contrast, the army has eschewed internal politics
and is widely recognized for its professionalism.
Small, densely populated, and landlocked, Malawi possesses few
exploitable natural resources. While it is dependent on
agriculture for export earnings and employment, sound policies
have produced a national food surplus in most years. Malawi's
human rights performance stands in sharp contrast to its
economic achievements and humanitarian handling of Africa's
largest refugee population.
The Government and party continued in 1990 to control
political life, including strict controls on freedom of press
and assembly. Its use of long-term detention to control
political opponents and critics was highlighted in 1990 by the
death in prison of Gomile Kumtuman j i , one of the independence
heroes, who had been kept in detention for 21 years without
charge or trial. However, by the end of 1990, the Government
undertook a review of political detentions, and some detainees
were released early in 1991. In March police used excessive
force in quelling a public demonstration against corruption,
killing 10 to 20 people. The Government clamped a total media
blackout on the incident, but it did eventually dismiss the
Inspector General of Police and initiate limited steps to
upgrade the quality and training of police officers.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom from:
a. Political and Other Extrajudicial Killing
There were no political killings in 1990. However, on March
18, in Lilongwe, the paramilitary Police Mobile Force fired
automatic rifles into a crowd protesting alleged police
corruption. Government secrecy prevented precise information
on the events, but credible reports indicate the police killed
between 10 and 20 persons. The crowd was protesting the
killing of a driver by a local businessman who had a history
of bribing police to ignore his mistreatment of his
employees. The businessman was taken into protective custody
and released once the public furor subsided. The Inspector
General of Police was fired the following month.
International human rights groups, including a report by the
organization, Africa Watch, sharply criticized the excessive
use of force by the police and the Government's handling of
the incident.
In the murder case of Mkwapatira Mhango, public relations
secretary of the Malawi Freedom Movement (MAFREMO) , who lost
his life along with most of his family when his home in Lusaka
was firebombed on October 13, 1989, two Zambians and two
Malawians (one of whom subsequently died in jail) were
arrested in Lusaka as culpable agents of Malawi's security
establishment. The Zambian High Court dismissed their
applications for habeas corpus on February 6, and no further
action was taken during the year.
b. Disappearance
There were no reported cases of permanent disappearance for
political reasons in 1990. There are frequently cases of
temporarily missing persons as the Government almost never
publishes the names of detainees and uses incommunicado
detention in some instances, especially in political cases.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
Allegations of institutionalized torture persist, but have not
been proven. Beatings during arrest and detention are illegal
but common. Guilty officers are rarely disciplined.
Fred Sikwese, a Ministry of External Affairs official who died
in March 1989 after being detained for espionage the previous
month, probably died from internal injuries received while
being beaten by his interrogators. The Government denied that
torture had occurred, but it ignored the appeal of Amnesty
International (AI) for an impartial investigation. Frackson
Zgambo, an airport official who was detained with Sikwese, and
who remains in detention without charge, told Malawian
journalists who were allowed to visit him in November 1989
that allegations of his torture were unfounded, but his
ability to be candid while still in detention is questionable.
Prison terms and conditions are harsh and frequently
degrading, particularly in Nyachikadza Prison on the Shire
River marshes in southern Malawi, where malaria is also a
constant danger. Women appear to be particularly ill-treated,
including at the country's main prison in Zomba . Reports
persist that many become pregnant by their warders and that
their babies are severely malnourished due to their mothers'
poor diet.
Prison visits by responsible officials in 1989 appear to have
curbed some of the worst abuses; in 1990 prisons were
providing better diets, access to reading materials, family
visits and less physical abuse.
Malawi's most celebrated prisoners, Orton and Vera Chirwa,
remained in Zomba Central Prison. Orton Chirwa, colonial
Nyasaland's first African lawyer and Malawi's first Minister
of Justice, is now 72 years old and is believed to be in poor
health. Vera Chirwa shares a cellblock with Margaret Marango
Banda, a prominent Anglican women's lay leader (and Aleke
Banda ' s cousin—see Section l.d.) who was detained in the
summer of 1988 upon her return from a church conference in
England, where she allegedly met with dissident Malawians.
Ms. Chirwa and Ms. Banda exercise outdoors together, but the
terms of their solitary confinement prohibit them from
speaking with one another. They are denied access to visiting
clergy which minister to the prison's other inmates. Their
diet is insufficient, and the fact that they send their milk
rations to imprisoned mothers with small children further
reduces their caloric intake. Ms. Banda, who apparently
suffers from diabetes, is believed to be in poor health and to
receive inadequate medical attention.
d. Arbitrary Arrest, Detention, or Exile
Under the Preservation of Public Security Act, the Minister of
Justice (a position held by President Banda) may order the
arrest, search, and detention of persons considered a threat
to the preservation of public order. The Act was amended in
1977 to eliminate a 30-day limit. Persons arrested under this
law can be, and usually are, detained without charge or
trial. The President is supposed to review such cases every 6
months, but this constitutional safeguard has had no
observable effect.
For example, when Malawi's longest serving political prisoner,
Martin Mwachipisa Munthali, served out his 10-year sentence
for illegal possession of firearms in 1975, he was immediately
redetained without charge and remained in prison at the end of
1990, Kalusa Chimombo, another long term political prisoner
and a prominent member of the Teachers Association before his
detention in 1978, remained in prison at year's end. AI
alleges that Chimombo ' s crime was to forget the "life" from
Life President Banda ' s title when offering the obligatory
thanksgiving to the Chief of State at a teachers' function.
Police officers may also arrest persons on their own authority
for up to 28 days before a formal detention order is served.
In fact, persons often have been held for months before being
served detention papers. In April, after the March shooting,
the appointment of a new Inspector General of Police led to
improved police performance in ensuring that nonpolitical
detainees were processed within the 28-day limit. In
addition, to raise the caliber of police, the new Inspector
General instituted a requirement for a college diploma for
entry into the force and solicited over 200 applications from
the University of Malawi.
The Malawi Young Pioneers (MYP), an agroparamilitary youth
wing of the MCP, legally has the same powers of arrest as the
police but has been prevented by the police from exercising
them. The MYP keeps a small detention center at its main
Mountain View Training Camp near Blantyre. New MYP detentions
are rare.
Detentions that have occurred or come to light in 1990
include: Ishmael Mazunda, a senior medical tutor at a
teaching hospital near Blantyre, who was detained in November
1989 after he helped expel students caught stealing and using
drugs (their parents were influential party members); Lyton
Kapenda, a secondary school teacher in Rumphi, who was
detained in December 1989 after complaining about government
discrimination against northerners; Dr. Mvura, a retired
veterinary surgeon in Mzuzu, who was detained in July 1990
also after complaining of antinorthern discrimination; and
Oscar Mhango, who was detained in Blantyre in August 1990
after asking rhetorically why political pluralism should not
come to Malawi. Like most detainees in Malawi, these persons
were held incommunicado.
Other detainees whose cases continue to draw international
attention include: Brown Mpinganjira, former deputy chief of
Information, detained in 1986 for providing information to a
foreign journalist; Dr. Goodluck Mhango, a veterinary surgeon
with the MYP, detained in September 1987 because his brother
(murdered in 1989) wrote articles critical of the Government;
Professor Jack Mapanje, head of the University of Malawi's
Department of Literature, detained as well in September 1987
for planning to publish a volume of poetry deemed critical of
the President; Professor Blaise Machira, who reportedly
suffers from mental illness, detained in April 1988 for
denouncing President Banda; Alfred Chiluwe and Gilbert Gwaza,
government statisticians detained in May 1988 after allegedly
contacting dissidents while studying in the United States; and
Dr. George Mtafu, Malawi's only neurosurgeon, detained in
February 1989 after remarking on the President's mental acuity.
Independence hero Gomile Kumtumanj i—who had held more cabinet
and senior party posts than any other official when he was
detained in 1969—died in Zomba Prison on April 13, without
ever having been charged. When the prison's commissioner
released the body to Kumtumanj i
' s family, the commissioner and
his deputy were briefly detained and subsequently fired.
Aleke Banda, once a confidant and likely successor to
President Banda (no relation) , was quietly released from
Mikuyu prison in late 1988 and is currently restricted to a
house on Mpyupyu Prison Farm near Zomba. Banda 's terms of
confinement continued to improve in 1990, and he is now
allowed periodic visits from family members. He is still
denied a radio and reading material. Detained in 1980, Aleke
Banda has never been charged.
Government secrecy precludes an accurate estimate of political
detainees in Malawi, but at the end of 1990 experienced
observers put the number at under 100 and possibly no more
than 50. However, as the Government releases political
prisoners the same way it detains them—in secret, it is
difficult to confirm reports of releases of detainees.
While forced exile has not been used as a means of political
control, there is a small but constant exodus of persons who
leave for political reasons. Many students and some
government officials studying abroad never come back. In late
1988, the chairman of the Malawi National Education Board,
Donton Mkandawire, was dismissed for allegedly packing the
education system with fellow northerners. Fearing detention,
he fled to Botswana.
e. Denial of Fair Public Trial
Malawi has both traditional and European court systems. Legal
counsel is permitted only in the modern courts. The right of
appeal exists in both systems. Both are empowered to try
capital offenses, including treason, but the modern courts in
practice hear mostly civil cases. Neither judiciary is
independent. Although executive interference is infrequent,
the Presidency does not hesitate to intervene in cases of
interest to it, particularly those of a political or security
nature. Last year, the Prisons Service refused—with no legal
justification—to free inmates whose release was ordered by
the Appeals Court.
The European court system consists of the magistrate courts,
the High Court, and the Supreme Court of Appeal. The
President appoints the Chief Justice of the High Court and,
after consultation with the Judicial Service Commission, other
court justices. Most are well qualified, but magistrates tend
to be recent law school graduates with limited experience.
The courts are open to the public, and defendants are charged
publicly. Crowded dockets, however, can delay serious cases
from being heard for up to 4 years. In criminal cases, the
defendant waits in prison during the interval. The Government
has a modest legal aid scheme, but its overworked lawyers
cannot hope to meet the demands placed on it.
Most political cases do not come before the regular courts.
This is also true in cases involving alleged corruption by
government officers. While many such officials fired by the
President in recent years may have transgressed the Civil
Service's strict code of probity, innocent civil servants have
suffered as well without benefit of a fair hearing. In
December 1989, for example. President Banda sacked one of his
Government's most capable senior civil servants for alleged
disloyalty. The government-run radio added subversion to the
allegations against him, although this charge appears to have
been dropped after his interrogation by the SIS, and he was
released. The civil servant lost all pension rights despite
25 years of dedicated government service.
The traditional courts, which try over 90 percent of all
criminal cases, are the most accessible to the average
Malawian. Over 300 traditional courts, dispersed among
Malawi's 24 districts and 3 regions, hear several hundred
thousand civil and criminal cases each year. Traditional
court justices are appointed directly by the President,
including to the National Traditional Appeal Court. In
practice, they are drawn from the ranks of MCP officers and
exercise their party responsibilities concurrently. Police
officials handle the prosecution, and defendants conduct their
own defense.
Each district has at least one specially trained traditional
court officer (TCO) who is required to visit each court at
least once a month. The TCO, a relatively senior civil
servant, may petition the cominissioner of traditional courts
for remedial action, to include acquittal or a stiffer
sentence, Recognizing its dependence on well-qualified TCO's,
the Government began a special training course in late 1990 to
upgrade their skills and also started a program to recruit
female TCO' s.
The Executive Branch seldom interferes in traditional court
cases but does so routinely in political and security cases.
For example, the President directed that the Chirwas be tried
by a traditional court in 1983, where few, if any, procedural
safeguards are available. He subsequently commuted their
death sentences to life imprisonment. Many human rights
organizations, including AI , continue to call for the Chirwas'
release and stress their 1983 trial was "grossly unfair."
The Forfeiture Act permits the Government to revoke the
property rights of those suspected of economic crimes such as
illegal currency transactions. These revocations sometimes
have political overtones and have been heavily weighted
against the Asian community. When the Forfeiture Act is
invoked, the person loses all worldly possessions, including
business, financial, and personal assets. Revocation of
property rights is carried out by executive fiat with no
judicial review. The Forfeiture Act has not been invoked
since 1988. In 1990 cases from previous years were reviewed
and, in a few instances, partial restitution was made for the
first time.
f. Arbitrary Interference with Privacy, Family, Home, or Correspondence
Police may enter houses of suspects at will under special
entry authority to conduct searches for incriminating evidence
or suspects. Telephones are routinely tapped, and an
extensive network of informers reports private statements and
actions to the Government. Authorities open some domestic and
international mail.
Malawian law permits the Government to designate certain
districts as "special areas" where citizens may be stopped,
questioned and searched on the street. Most special area
districts are in the north.
Membership in the ruling Malawi Congress Party is not legally
mandatory, but it is frequently coerced. Based on the 1987
census, over 70 percent of the adult population holds at least
nominal party membership. Membership is expected of those who
seek access to government services or entrance to local
markets. The annual renewal fee is only about 35 cents, but
this can equal a day's pay for a minimum wage earner in rural
areas. When the President visits an area, financial
contributions from individuals and businesses are also levied.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Free speech is severely circumscribed in Malawi. It is an
offense, punishable by 5 years' imprisonment, to publish
anything likely "to undermine the authority of, or public
confidence in, the Government." It is punishable by life
imprisonment to send out of the country "false information"
which may be "harmful to the interests or good name of
Malawi." In practice, giving critical information to foreign
journalists can result in detention without trial. Any
discussion of Malawi's political future or speculation about
the President's age is also prohibited. Local media do not
submit material to the Government beforehand but exercise
careful self-censorship. Even so, journalists, including
senior editors, have been jailed for extended periods after
overstepping undefined boundaries.
Malawi's two newspapers and government-owned radio exist
primarily to catalog the President's words and deeds. There
was considerable print coverage on worldwide democratic
developments during 1990, but the radio, which reaches the
less literate majority of Malawi's population, afforded little
coverage of such trends. Criticism of various government
departments' efficiency occasionally appears in the newspapers
and often in parliamentary debate.
Foreign journalists must request permission to enter Malawi
and specify in advance the topics they intend to cover. The
Government continues to permit some Western journalists to
visit Malawi. Two foreign journalists, who were based in
Malawi and had written articles the Government considered
critical, could not get their visas renewed in 1990, and they
left.
All publications, posters, recordings, and movies entering
Malawi are screened and edited by the Censorship Board. The
current list of banned items includes over 1,300 titles.
Limited academic freedom of inquiry into the natural and
social sciences exists at the University of Malawi. Its
Center for Social Research undertakes and publishes research
on politically sensitive subjects such as the extent of
malnutrition in Malawi. There was no negative impact on the
Center after a criticial N.Y. Times article was published.
Academic freedom, however, is circumscribed. Academics have
been detained in the past, but there were no such incidents in
1990. There is no government or political science faculty at
the University. President Banda is nominally the latter 's
Chancellor, while the MCP Treasurer General exerts a more
direct hand as Chairman of the University Council. A proposal
to create a private university was turned down a few years ago
by President Banda.
b. Freedom of Peaceful Assembly and Association
Political meetings are not permitted outside the framework of
the Malawi Congress Party. Persons may be imprisoned if they
further the aims of an "unlawful society", defined as "any
group considered to be dangerous to the good government of the
Republic." A gathering of three or more persons can be
construed as an unlawful assembly under Malawian law.
In the nonpolitical sphere, individuals and organizations
generally are free to meet and associate.
c. Freedom of Religion
There is no state or preferred religion, but religious groups
are required to register with the Government. Jehovah's
Witnesses, whose religious convictions prevent them from
joining the MCP or any other political party, have been banned
since 1967. In 1989, a Jehovah's Witness representative
reported that whole families were arrested in the period
1986-88 and were still in Dzeleka Prison. Other reports
indicate that Witnesses are also held in Zomba Prison. The
Government appeared to suspend its persecution of Witnesses in
1990, but at year's end showed signs of breaking a tacit truce
with the controversial sect. Following a critical remark by
President Banda, Finance Minister and Central Region Party
Chairman Louis Chimango railed against the Jehovah's Witnesses
on December 2 for trying to persuade people not to renew party
memberships. Chimango threatened "punitive measures."
In October 17, 1989, a group of MCP youth leaguers, tasked
with rounding up dancers for President Banda ' s annual mothers'
day stadium ceremony in Blantyre, beat up a dozen women
belonging to the Bible Believers, who protested that their
sect prohibits dancing. This excessive zeal may have
contributed to the dismissal of the regional party chairman.
Religious groups generally may establish places of worship and
train clergy. Religious publications, like others, may not
criticize the Government or the party. Most religious groups
are free to establish and maintain links with coreligionists
in other countries, and members are free to travel abroad.
Malawi's sizable Muslim minority (estimated at 20 percent of
the population) conducts its religion and builds mosques
freely. Foreign Islamic organizations have been allowed to
fund the latter. President Banda publicly and repeatedly
stresses the importance of providing the same rights and civic
services to Muslims which the Christian majority enjoys.
d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation
Legal provisions exist for restricting movement of those
convicted of political or criminal offenses. Denial of
passports on political grounds is more common and frequently
extends to family members of persons in political disfavor, as
well as to those persons the Government suspects may criticize
it if allowed to travel abroad. Civil servants and employees
of state-owned enterprises must obtain written permission to
travel abroad, even on vacation. Obtaining such a clearance
can take up to several months. Formal emigration is neither
restricted nor encouraged. However, Asian residents and
citizens, while free to travel within the country, must reside
and work in one of four urban areas (Lilongwe, Zomba, Mzuzu,
and Blantyre/Limbe) . In Lilongwe, a planned capital, they
must also live within certain neighborhoods.
Malawi hosts the largest refugee population in Africa. Over
900,000 Mozambicans—more than 10 percent of Malawi's
population—are now located in rural areas in 11 districts.
Some of the refugees live in camp-like situations, but many
live within or adjacent to existing villages. In both cases,
their presence has increased deforestation and put -pressure on
scarce arable land. The strain on Malawi's economy, as well
as its transportation and social services networks, has been
severe. Although signs appeared in 1990 that Malawi's rural
population has tired of the refugee burden. President Banda
still insisted that Malawi will continue to offer asylum to
all who are forced to flee Mozambique's civil war.
Similarly, President Banda has emphasized that Malawi will
never be a party to forced repatriation, and government
officials have maintained that stance in dealing with the
Mozambican Government and the United Nations High Commissioner
for Refugees (UNHCR) on repatriation. The Government has
generously shared its own limited resources and has cooperated
enthusiastically with international relief efforts. The
latter are coordinated by a committee chaired by the Ministry
of Health. The UNHCR and other international assistance
groups travel freely to assess relief needs and to investigate
allegations of protection problems. UNHCR officals recognize
Malawi's refugee performance as one of the best in the world.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens of Malawi cannot change their national government
through democratic means. Major, and many minor, political
decisions are made by the President or his closest
associates. Opposition political parties or movements are
prohibited, but there are externally based political
opposition movements such as the Malawi Freedom Movement, the
Socialist League of Malawi, Congress for a Second Republic,
and the Malawi Democratic Union.
The Malawi Congress Party structure provides for some choice
among candidates for party (every 3 years), parliamentary
(every 5 years), and other offices—all by secret ballot.
All nominees for political seats, however, are carefully
selected by the MCP and approved by the President. Public
campaigning, which might publicize or encourage a charismatic
leader, is not permitted. The National Assembly, consisting
of both elected and a few appointed members, is mainly
concerned with ratifying government policy. Its powers are
broadly based in law but highly circumscribed in practice.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Local nongovernmental human rights organizations are not
permitted. The Malawi Law Society in recent years has been
able to debate in public aspects of existing law but has not
addressed human rights issues directly. The Law Society
represents both government and private lawyers.
The Government does not welcome foreign intercession and does
not permit organizations such as the International Committee
of the Red Cross and AI to visit prisons or conduct human
rights investigations in Malawi. A specific request from AI
to do so was turned down in 1990. The President apparently
took into account international appeals in 1984 when he
commuted the death sentences meted out the previous year to
the Chirwas, but he has since declined all appeals for
clemency in their cases. Similarly, in 1989, he rejected high
level foreign representations, delivered in person, on behalf
of Margaret Marengo Banda, Professor Jack Mapanje, and Dr.
George Mtafu. During most of 1990, there was no official
response to human rights concerns raised by the U.S.
Ambassador and other Western envoys with senior government and
party officials. However, in December, the Government
undertook a review of political detentions, and some detainees
were released in 1991.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
There are strong regional differences between the north and
the south. Northerners have experienced considerable
discrimination by the Government in the past, most recently in
1989 when President Banda lent his weight to a campaign which
resulted in many northerners losing jobs in the south and
being forced to return to their region or into exile abroad.
Most of the 20 to 30 prominent northerners arrested in 1989
remained in detention without charge or trial at the end of
1990. In 1990 the Government sought to downplay regionalism
as a domestic issue, and some northerners continued to hold
important positions, notably within the Ministry of Justice,
including the posts of Solicitor General and Chief Public
Prosecutor. They are currently represented on the Supreme
Court of Appeals.
Asian residents, whether Malawian citizens or not, have been
compelled to transfer ownership of rural shops and trucking
businesses to ethnic Africans. Strict rules govern where
Asians may own property, although these have been relaxed
somewhat in practice. Changes in the citizenship law in 1986
eliminated a provision whereby persons who held foreign
passports could reside indefinitely in Malawi and raised the
possibility that Asian children born in Malawi would become
stateless persons in their own country. These developments
have led many in the small but prosperous Asian community of
about 5,000 persons to leave Malawi and others to question
their long-term future there.
In contrast, Malawi's first lady, C. Tamanda Kadzamira, went
to considerable lengths in 1989 and 1990 to draw Asian women
into her new National Women's Development Organization (CCAM),
and encouraged several to play prominent and responsible roles
in the movement. In Malawi's influential urban areas, the
CCAM has largely eclipsed the MCP ' s Women's League. Like
other party organs, the latter is not open to Malawians of
Asian or European descent.
In Malawi women are equal under the law. However, males have
an advantage in education, reflecting Malawi's still very
traditional society. Although tribal leadership structures
remain primarily matrilineal, women do not have opportunities
equal to those of men. Most women are unable to complete even
a primary education and are at a serious disadvantage in the
job market.
The Government has initiated broad programs to reverse
existing discrimination against women. The Government has
cooperated enthusiastically with international donor agencies
seeking to enhance educational opportunities for women at all
levels, e.g., with U. S . -assisted programs to enable women
university students to pursue studies in nontraditional fields
such as engineering, and to advance women's basic education.
In the secondary school system, 35 percent of the places have
been reserved for women.
The Government is also slowly giving recognition to the
importance of women as agricultural producers, as
approximately 70 percent of all smallholder farms, and over 50
percent of subsistence holdings are headed by women. The
Ministry of Agriculture now has a separate women's extension
program specifically designed to accommodate their needs.
Women enjoy access to maternal health services and to
extension programs, but infant and child mortality, mainly due
to malnutrition, remain extremely high. In practice, women
are often disadvantaged under the law through ignorance. The
fledgling National Commission of Women in Development began a
project in late 1989 to educate women on their legal rights.
There is no tradition of violence against women. President
Banda has made his opposition to any mistreatment of women
very clear. Several small ethnic groups continue to practice
female circumcision.
Section 6 Worker Rights
a. The Right of Association
Only nongovernment workers have the legal right to associate
and to form and join trade unions. Unions represent 10 to 20
percent of Malawi's small wage-earning labor force, and most
organized wage workers are unskilled laborers on large
agricultural estates. Unions are required by law to affiliate
with the Trade Union Congress of Malawi (TUCM) . The TUCM,
like both the Employers Consultative Group and the Associated
Chambers of Commerce, is a private organization independent of
the Malawi Congress Party. In practice, however, union
activities are highly circumscribed by the Government.
Restrictive colonial labor legislation has been subsumed into
Malawian law largely intact.
Malawi law permits strikes, but these are extremely rare.
Ministry of Labor officers are quick to intervene at the first
hint of labor unrest. Management-labor councils also mediate
labor issues at the workplace.
Under government supervision, the TUCM associates with
international organizations and is a member of the
Organization of African Trade Union Unity, the Southern
African Trade Union Coordination Council, and the
International Confederation of Free Trade Unions. With
government approval, the TUCM receives practical and financial
assistance from the American Federation of Labor and Congress
of International Organizations and other Western labor
organizations.
b. The Right to Organize and Bargain Collectively
Workers have the legal right to organize, but the law does
little to restrict antiunion discrimination by employers.
Complaints are resolved by the Ministry of Labor. Collective
bargaining is protected by law, but its use is limited by
market realities. The Government does not intervene overtly
in the collective bargaining process. There are no export
processing or free trade zones in Malawi, although the concept
is under study. Labor legislation is applied uniformly
throughout the country.
c. Prohibition of Forced or Compulsory Labor
Forced labor, which was widely practiced during colonial
times, has never been formally outlawed, but it is opposed by
the Government and is not practiced.
d. Minimum Age for Employment of Children
The minimum working age is 14, but this applies only to the
small urban wage sector where it is enforced by labor
inspectors from the Ministry of Labor. In the large
subsistence agriculture sector, where most Malawians work,
children help on family farms at a younger age. Many also
work on plantations where they are paid substantially less
than the minimum wage.
e. Acceptable Conditions of Work
Less than 15 percent of the work force is employed in the
formal wage sector. In May 1989, minimum daily wages nearly
doubled in Malawi's three cities, to 80 cents; wage rates in
rural areas increased to 65 cents per day. In practice, wages
for experienced skilled workers are increasing sharply as the
supply diminishes. Large numbers of skilled workers are
finding better paying jobs in South Africa, Botswana, and
Zimbabwe. Workers in rural areas, however, are still poorly
paid. Perhaps half receive less than the minimum wage.
For those fortunate enough to hold paying jobs, wages and
working conditions are generally adequate to maintain a decent
standard of living. Malawi's low wage levels reflect the
abundance of unskilled labor and the Government's policy of
limiting the urban-rural income gap to stem migration into the
towns. Wage earners fare slightly better than the vast
majority of the population which works in subsistence
agriculture. Many subsistence farmers supplement their
earnings by also working as tenants on nearby estates. Labor
laws address normal employment practices but do not cover
tenancy agreements, and abuses are widespread.
Paid holidays and safety standards in the workplace are
required by law. However, enforcement of safety standards by
Ministry of Labor inspectors is erratic.
