Country Report on Human Rights Practices for 1989
MALAWI
.
Virtually every aspect of Malawi's first 25 years of
independence—political, economic, and social—has been
dominated by Dr. H. Kamuzu Banda, who led the country to
independence in 1964 and was proclaimed "Life President" in
1970. The sole legal party is the Malawi Congress Party
(MCP) , to whose Central Committee the Cabinet and Parliament
are subordinate. Only candidates selected by the MCP and
approved by the President are allowed to run in parliamentary
elections, last held in 1987. Constitutional amendments and
laws passed by the Parliament mirror decisions already taken
by the President and his close advisers.
Military, police, and party security organs closely monitor a
wide range of activities, particularly opposition to the
Government.
Malawi, a small, densely populated, landlocked country with
few exploitable resources and a high population growth rate,
possesses no significant mineral resources or industrial
sector. It is heavily dependent on agriculture for export
earnings and employment. Sound agricultural policies have
produced a food surplus, despite an influx of 800,000 refugees
in recent years, high transportation costs resulting from
closure of the rail routes through Mozambique (owing primarily
to the Mozambican civil war), and earthquakes and floods in
1989. Its fiscally sound policies have enabled it to qualify
for special International Monetary Fund assistance.
Malawi's human rights performance is the reverse of its
economic achievements and its exemplary handling of one of the
world's largest refugee feeding programs. In 1989 the
observance of human rights deteriorated as a leading political
dissident was murdered, and arbitrary detention continued to
be used to suppress any sign of dissent. Other major abuses
included: mistreatment of prisoners and life-threatening
conditions in prisons; lack of fair trials; interference with
privacy; severe restrictions on freedom of speech and press,
assembly and association, and the right of citizens to change
their government; and serious discrimination against
northerners.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom from:
a. Political and Other Extrajudicial Killing
Some human rights organizations claim that a journalist named
Osborne Mkandawire died in prison in November 1988. After
extensive research, the U.S. Embassy was unable to identify
such a person, although a retired journalist named Mkandawire
did die of natural causes in his native village. In another
incident, Fred Sikwese, a Ministry of External Affairs
officer, was detained in February 1989, reportedly for
espionage or embezzlement. He died the following month.
Amnesty International (AI) alleges torture. Government
sources claim natural causes but denied the family access to
Sikwese 's body.
Dissident Mkwapatira Mhango, Publicity Secretary of the
Malawian Freedom Movement (MAFREMO) , and most of his family
were murdered on October 13 when his home in Lusaka, Zambia,
was firebombed. It followed by a few weeks President Banda 's
public complaint that Mhango was among those responsible for
an alleged foreign press campaign against the official
hostess, C. T. Kadzamira. This, and the fact that an earlier
dissident leader was murdered in Harare in 1983 following
similar criticism from the President, led many to believe that
the act was directed by Malawian authorities. The Zambian
Government's investigation has not been conclusive, and
allegations continued to circulate. Before he died, Mhango
told a reporter that the real target may have been Edward R.
Chirwa Yapwanthwa, MAFREMO chairman, who planned to slip into
Malawi clandestinely and had been staying at Mhango ' s home.
b. Disappearance
There were no known political disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
Beatings by police during arrest or detention are illegal but
occur. Responsible officials are rarely disciplined. Terms
of hard labor are the norm for common criminals. AI ' s 1989
Report focuses on harsh conditions in several prisons. AI
also reported a number of deaths in Nsanje and Dzeleka Prisons.
In 1987 Orton and Vera Chirwa were transferred from Mikuyu
prison to Zomba Central Prison where conditions were
reportedly worse. Margaret Marango Banda, an Anglican women's
leader (and Aleke Banda ' s cousin--see below) who was detained
that same year, is imprisoned with Vera Chirwa. They are not
permitted to speak with one another and are denied access to
visiting clergy. Their diet is insufficient, and Ms. Banda is
believed to be in poor health with inadequate medical
attention. The Chirwas have not been able to speak with one
another for at least 4 years and are not allowed to receive
mail from their children.
Frackson Zgambo, an airport official and football referee, was
detained with Fred Sikwese. While there have been reports of
his death, Zgambo is believed to be under detention in Mikuyu
Prison.
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 often are, detained indefinitely without
charge and without trial. The President must review such
cases every 6 months, but this safeguard has had no noticeable
effect.
Still in detention at the end of 1989 were: Brown
Mpinganjira, Deputy Chief of Information, detained in 1986 for
providing information to foreign journalists; Dr. Goodluck
Mhango, a veterinary surgeon with the Malawi Young Pioneers,
detained in September 1987 because his brother (killed in
1989) wrote articles critical of the Government; Jack Mapanje,
a prominent professor and poet, also detained in September
1987 for planning to publish a volume of poetry deemed
critical of the President; Mr. Mbeye, a senior Ministry of
Finance official, detained in August 1988, reportedly for
revealing to the foreign press the cost of a presidential trip
to Great Britain; Dr. George Mtafu, Malawi's only native
neurosurgeon, arrested in early 1989 after making a
disparaging remark in a private gathering about the condition
of the aging President's brain. Kalusa Chimombo, a prominent
member of the teachers' association of Malawi before his
arrest in 1978, remains imprisoned as the country's longest
serving "prisoner of conscience," according to AI.
Other persons detained in early 1989 for unknown reasons
included: Tozer Khonje, a government agronomist; Dave Mumba,
an employee of a private company; and George Thindwa, an
employee of the Ministry of Trade and Industry. Mtafu,
Khonje, and Thindwa may have been victims of an antinorthern
campaign (see Section 5). Aleke Banda, once a presidential
confidant and high-ranking official, was quietly released from
Mikuyu Prison in late 1988 and is currently under house arrest
nearby. Detained in 1980, Banda has never been charged.
AI estimates that at least 30 persons were detained in the
first half of 1989. Although Malawian secrecy makes an
accurate estimate impossible, most observers consider this is
a reliable estimate. Detentions continued, albeit at a
reduced rate, late into the year. While forced exile has not
been used as means of control, there is a small politically
motivated outward flow of persons from the country. In late
1988, the Chairman of the Malawi National Education Board,
Donton Mkandawire, was dismissed for allegedly packing the
education system with fellow northerners. Reportedly fearing
imprisonment, he subsequently fled to Botswana.
With regard to forced or compulsory labor, see Section 6.c.
e. Denial of Fair Public Trial
Malawi has both traditional and modern court systems. Lawyers
are not permitted to assist defendants in regional traditional
court cases, but legal counsel is permitted in the modern
court system. The right of appeal exists in both court
systems. The judiciary is not independent, and the executive
does not hesitate to intervene in cases of interest to it,
particularly those of political or security import.
The modern 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
modern court justices. Most are well qualified. Due to much
lower salaries, however, magistrates tend to be recent law
school graduates with no experience. This is the level at
which most poor persons (who cannot afford legal counsel)
first come into contact with the modern court system. The
latter is open to the public, and defendants are charged
publicly. Due process, however, is frequently ignored. In
1989 several municipal officials including the town clerks of
Lilongwe and Blantyre, were summarily fired. Some were
detained, then released without ever being charged. None was
permitted to defend himself in court. Several attempted to
sue the Government for wrongful dismissal, only to be informed
that their files had been closed by presidential decree.
The three traditional courts at the regional level deal with
most capital offenses, including treason (the Chirwas were
tried in a traditional court). Police officials handle the
prosecution, and defendants conduct their own defense.
Traditional court justices are appointed directly by the
President. Of the five members of each regional traditional
court, three are chiefs without formal legal training, one is
a trained lawyer who advises the court, and the fifth, the
chairman, has had a course in law. There is little executive
interference in traditional court cases dealing in
nonpolitical matters of customary law.
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 are almost always directed
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 was not invoked during
1989, suggesting a government moderation in applying its
draconian measures. The courts several times tried illegal
currency cases instead. Punishments generally fit the crime.
f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Police can enter houses of suspects at will under special
entry authority to conduct searches for suspects or
incriminating evidence. It is generally understood that
telephones are routinely tapped and that a network of
informers reports private statements and actions to the
Government. Authorities open some domestic and international
mail.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Government does not tolerate criticism of any kind of its
policies. It is an offense (5 years' imprisonment) to publish
anything likely "to undermine the authority of, or public
confidence in, the Government." Life imprisonment applies to
"false information" sent out of the country which is "harmful
to the interests or good name of Malawi." In practice, giving
critical information to foreign journalists results in
detention without trial. Any discussion of Malawi's political
future or speculation about the President's age is prohibited.
Local media do not submit their news and programs to the
Government beforehand, but self-censorship "guidelines" are
generally understood. Journalists, including senior editors,
have been jailed for extended periods for overstepping these
"guidelines." Malawi's two newspapeVs and government-owned
radio station exist primarily to catalog the Chief of State's
words and activities. Nevertheless, criticism of the
efficiency of some government departments occasionally appears
in the media and often in parliamentary debate.
Foreign journalists must request permission to enter Malawi
and must specify in advance the topics they intend to cover.
Correspondents from the New York Times, Washington Post, and
Financial Times visited Malawi in 1989 and wrote articles
which would have been unheard of in past years. In a major
breakthrough, two Western journalists were allowed to set up
residence in Malawi. Although a spate of critical foreign
press articles (of which they may have been innocent)
temporarily compelled the two journalists to leave the country
in October, they were allowed to return 2 weeks later.
All publications, recordings, and movies entering Malawi are
screened by the Censorship Board. The current list of banned
items includes well over 1,000 titles.
Limited freedom of inquiry into the natural and social
sciences exists at the University and may include some
examination of radical political ideologies, provided this
does not extend to criticism of the Government.
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." In the nonpolitical sphere, individuals and
organizations generally are free to meet and associate.
For a discussion of freedom of association as it applies to
labor unions, see Section 6. a.
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 political parties, have been banned since 1967. The
Government considers the Witnesses' activities to be
disruptive of "the prevailing calm, law, and order."
Witnesses continue to be arrested and charged. In 1989 a
Jehovah's Witness representative claimed that entire families
were arrested in the period 1986-88 and are still in Dzeleka
prison.
Other religious groups generally may establish places of
worship and train clergy. Religious publications, like all
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 conducts its
religion and builds mosques freely. President Banda has
publicly stressed the importance of providing the same civic
services to Muslims which the Christian majority enjoys.
d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation
There are few restrictions, in practice, on movement within
Malawi for most citizens, though legal provisions exist for
restricting movement of those convicted of political or
criminal offenses. 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) . Denial of passports on political grounds
frequently extends to family members of persons in political
disfavor and 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 from a few days to several months.
Formal emigration is neither restricted not encouraged.
Malawi hosts the largest refugee population in Africa. Nearly
800,000 Mozambicans, located in heavily populated areas with
little available land, have seriously strained the economy as
well as transportation and social services networks. The
Government has shared its own scarce resources and has
encouraged and cooperated with international and private
voluntary organizations to operate relief efforts. The latter
are coordinated by a committee chaired by the Ministry of
Health. The United Nations High Commissioner for Refugees and
other international assistance groups travel freely to assess
relief needs and to investigate allegations of protection
problems.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens of Malawi do not, in practice, have the ability to
change their government. Major political decisions are made
by the President or his close associates. Opposition
political parties or movements are not permitted. Membership
in the 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 aspire to
government positions (including the civil service) or
professional success. Party membership is often required of
schoolchildren and 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 be nearly half a day's
pay for a minimum wage earner. When the President visits an
area, financial contributions from individuals and businesses
are also levied.
The party structure provides for some choice among candidates
for party, parliamentary, and other offices. All nominees,
however, are selected by the party and approved by the
President. Active political campaigning 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
The Government does not permit organizations such as the
International Committee of the Red Cross and Amnesty
International to visit prisons or conduct human rights
investigations in Malawi. It does not respond to their
appeals. Local nongovernmental human rights organizations are
not permitted to exist. Expressions of interest in alleged
human rights problems by outside groups or persons are not
welcomed. Repeated diplomatic efforts to discuss the case of
Vera and Orton Chirwa with the Government have been rejected.
Separate efforts in 1989 by representatives of the U.S. and
West German Governments to discuss directly with President
Banda the Mapanje and Dr. Mtafu cases, respectively, resulted
in his angry rejection of what he termed interference in
Malawi's internal affairs.
Section 5 Discrimination Based on Race, Sex, Religion, Language, or Social Status
Asian residents, whether Malawian citizens or not, have been
compelled to transfer ownership of rural shops and trucking
businesses to ethnic Africans. Strict rules governing where
Asians may own property effectively limit where they may
reside. Changes in the citizenship law in 1986 eliminated a
Lsm
provision whereby persons who held foreign passports could
reside indefinitely in Malawi. These changes in the law,
together with actions under the Forfeiture Act (which has been
applied in large measure against Asians), have led many in the
small Asian community (about 5,000 persons) to leave Malawi
and others to question their long-term future there. Some
Asians began to return, however, in 1989.
Regionalism as a divisive domestic issue resurfaced during the
President's annual crop tour in February 1989. Although the
Life President evidently supported antinorthern campaigns in
years past, this was the first time that President Banda
allowed the full weight of his office to sanction regionali:
openly. Prominent northerners who lost their jobs included;
John Phiri, the Secretary for Trade and Industry. Hastings
Chunga, General Manager of Sedom (the Government's small
enterprise development scheme); and James Chatupa, the
Government's Chief Geologist. Other northerners, notably
Police Commissioner G. G. Mtawala and Chief Magistrate S.F.C.
Munyenyembe, were "retired" and stripped of their pensions.
Several lesser officials were transferred to other jobs.
Perhaps to compensate, the President highlighted unity (from
Malawi's four doctrinaire cornerstones) at the annual party
congress in September, during Mothers Day in October, and at
the closing of Parliament in November. It is unlikely that
regional sensibilities were assuaged since few northerners who
were detained, lost their jobs, or felt compelled to leave the
country in 1989 have obtained remedial relief.
Most women are limited to roles defined by a traditional
African society and do not have opportunities equal to men,
although the President takes a special interest in advancing
their status. Violence against women is not tolerated. At
the annual party conference in 1989, the President made the
entire Central Committee stand and acknowledge that any wife
beaten by her husband could approach them directly for
redress. Responding as well to a report of telephone
harassment gainst a European woman, the President directed
the police to tap phones, find the culprit, and send him off
to prison for life without a trial.
Women enjoy access to maternal health services and to
extension programs designed to improve their homemaking
abilities. Such programs, while benefical, have not given
full recognition to the importance of women as agricultural
producers in the rural sector (roughly 70 percent of all
smallholder farms and over 50 percent of subsistence holdings
are headed by women) and the potential role women can play in
the modern sector. Males still have an advantage in education
and employment, but the Government has initiated broad-scale
programs to reverse existing discrimination. A third of the
positions in the public education system, for example, have
been reserved for women. Malawi's traditional tribal
leadership structures remain primarily matrilineal. Several
small ethnic groups grant few rights and privileges to women
and occasionally continue to practice female circumcision.
Section 6 Worker Rights
a. The Right of Association
Nongovernment workers have the legal right to associate, form,
and join unions, and labor unions do exist in the small wage
sector. However, their activities are highly circumscribed by
the Government, and they are generally ineffective in
achieving gains for workers. Most wage workers are unskilled
laborers on large agricultural estates. Labor unions must
associate under the Trade Union Congress of Malawi (TUCM).
Malawi law provides for the right to strike, but strikes do
not occur in practice. Ministry of Labor officers are quick
to intervene at the first hint of labor unrest, with
government supervision, the TUCM associates with international
organizations and is affiliated with The Organization of
African Trade Union Unity and the International Confederation
of Free Trade Unions.
The Government allowed the Southern African Trade Union
Coordination Council to open a permanent office in Malawi in
1988. It is headed by a former Malawian labor leader who was
once detained for several years on political grounds. The
Chamber of Commerce's general manager is also a former
political detainee, illustrating that some persons are
occasionally permitted to make a comeback in Malawi.
b. The Right to Organize and Bargain Collectively
Workers have the legal right to organize, and the law
prohibits antiunion discrimination by implication. Complaints
are resolved by the Ministry of labor. Collective bargaining
is protected by law, but its use is limited. The Government
has set a minimum wage and regulates working conditions, but
it does not intervene overtly in the collective bargaining
process. Labor legislation is applied uniformly throughout
the country. There are no export processing zones in Malawi.
c. Prohibition of Forced or Compulsory Labor
Forced labor is prohibited by law and is not practiced.
d. Minimum Age for Employment of Children
The minimum working age is 14, but this applies only t<) the
small urban wage sector where it is enforced by labor
inspectors from the Ministry of Labor. In the large
subsistence agriculture sector, the minimum age is not
enforced, and children work on family farms at a younger age.
e. Acceptable Conditions of Work
Less than 15 percent of the work force is employed in the
formal wage sector. For those fortunate enough to hold paid
jobs, wages and working conditions are generally adequate, and
paid holidays and safety standards in the workplace are
required by law. However, enforcement of these standards is
limited. 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 in living standards than the vast
majority of workers engaged in subsistence agriculture. The
minimum wage reflects the fact that Malawi is one of the
poorest countries in the world.
New minimum wage rates, the first in 3 years, were implemented
in May 1989. Mimimum daily wages nearly doubled in Malawi's
three cities, to 80 cents per day; and wage rates in rural
areas increased 125 percent, to 30 cents per day. Wages for
experienced skilled workers are increasing sharply as the
supply of such workers diminishes, and large numbers of them
find better paying jobs in S.A. and Botswana
