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Malawi | Freedom House Malawi | Freedom House https://freedomhouse.org/report/freedom-world/2019/malawi A. ELECTORAL PROCESS: 8 / 12 A1. Was the current head of government or other chief national authority elected through free and fair elections? 3 / 4 In Malawi, the president is directly elected for five-year terms and exercises considerable executive authority. Malawi’s last general election was held in 2014. The polls were marred by logistical problems and postelection controversy surrounding allegations of vote rigging made by incumbent president Joyce Banda, but were largely regarded as credible by local and international observers. Peter Mutharika of the Democratic Progressive Party (DPP) was declared the winner, with 36 percent of the vote. Lazarus Chakwera of the Malawi Congress Party (MCP) placed second, with 28 percent. A2. Were the current national legislative representatives elected through free and fair elections? 3 / 4 The unicameral National Assembly is comprised of 193 members elected by popular vote to five-year terms. The last legislative elections, held concurrently with the presidential election in 2014, were generally regarded as credible, despite a number of irregularities and logistical problems. In the parliamentary elections, the DPP won the most seats with 50. A3. Are the electoral laws and framework fair, and are they implemented impartially by the relevant election management bodies? 2 / 4 Although it lacks resources and is often unprepared to carry out elections, the Malawi Electoral Commission (MEC) is generally viewed as impartial. Two biometric voter registration kits went missing in August 2018, which led to further questions about the MEC’s competence. Civil society groups and opposition parties demanded an independent investigation into the loss of the equipment, but authorities had not complied with these demands at year’s end. International analysts have called for requiring political parties to disclose their sources of financing and to report on campaign spending. B. POLITICAL PLURALISM AND PARTICIPATION: 12 / 16 B1. Do the people have the right to organize in different political parties or other competitive political groupings of their choice, and is the system free of undue obstacles to the rise and fall of these competing parties or groupings? 3 / 4 1 of 7 7/16/2019, 3:41 PM Malawi | Freedom House https://freedomhouse.org/report/freedom-world/2019/malawi Malawi has four main political parties—the DPP, the MCP, the People’s Party (PP), and the United Democratic Front (UDF)—all of which have held power at some point. The parties are loosely formed, with politicians frequently moving between parties or breaking away to form their own parties. For the most part, people can organize in political parties without undue burden. However, the government has frequently held up the registration of new parties that present a threat to the incumbent. In July 2018, Vice President Saulos Chilima left the ruling DPP to form his own party, the United Transformation Movement (UTM). The party’s registration was rejected on a technicality related to the party’s name. In November, the High Court in Blantyre ruled that the party should be registered within seven days. The attorney general appealed the decision to the Supreme Court of Appeal, which upheld the ruling, and the UTM was subsequently registered. B2. Is there a realistic opportunity for the opposition to increase its support or gain power through elections? 3 / 4 Political parties are generally able to campaign freely throughout the country. Opposition parties have demonstrated their ability to grow their support and gain power through elections. However, an opposition party has never defeated an elected incumbent party since the transition to democracy in 1994. Although President Mutharika defeated Joyce Banda of the PP in 2014, Banda only came to power in 2012 after the death of Mutharika’s older brother, former president Bingu wa Muthariku, who was also a member of the DPP. The playing field during election campaigns is often skewed toward the governing party. During the year, opposition parties accused the state-owned broadcaster, the Malawi Broadcasting Corporation (MBC), of bias toward the DPP in its coverage of the upcoming 2019 general elections. As a result, opposition parties have sought exposure from private broadcasters. Opposition parties sometimes face violence and intimidation. In April 2018, DPP youths reportedly attacked MCP supporters during the campaign for a parliamentary by-election in Mulanje. B3. Are the people’s political choices free from domination by the military, foreign powers, religious hierarchies, economic oligarchies, or any other powerful group that is not democratically accountable? 3 / 4 Local traditional leaders can have an influence on voters’ choices, especially in smaller villages. Some chiefs have publically endorsed the incumbent, which is likely to sway the opinion of their constituents. In December 2018, the government implemented a 100 percent increase in the financial honoraria chiefs receive for service to their communities. Some opposition leaders suggested that the move was intended to solidify chiefs’ support for the DPP ahead of the 2019 polls. To address vote buying, which has been frequently employed by political parties in past elections, in 2017 the parliament passed the Political Parties Act, which came into force in December 2018. The law bans politicians from using cash handouts and other incentives to garner votes. 2 of 7 7/16/2019, 3:41 PM Malawi | Freedom House https://freedomhouse.org/report/freedom-world/2019/malawi B4. Do various segments of the population (including ethnic, religious, gender, LGBT, and other relevant groups) have full political rights and electoral opportunities? 3 / 4 All ethnic, religious, and gender groups have full political rights. However, women remain underrepresented in politics, and according to Afrobarometer, are less likely than men to become politically involved. In May 2018, the MEC announced that women would pay 25 percent less than men to register as a parliamentary candidate in the 2019 elections, in an effort to encourage more female candidates. While more women ran as candidates in the 2014 elections, only 32 were elected to the 193-seat National Assembly. Political parties often appeal to ethnic, regional, and religious groups. The LGBT (lesbian, gay, bisexual, and transgender) community faces societal discrimination, and political parties do not advocate for LGBT rights in their platforms. In 2018, six people with albinism declared their intention to run for the parliament or local races in the 2019 elections, in an effort to advocate for their rights and highlight ongoing discrimination against the marginalized group. C. FUNCTIONING OF GOVERNMENT: 6 / 12 C1. Do the freely elected head of government and national legislative representatives determine the policies of the government? 3 / 4 Executive and legislative representatives are generally able to determine the policies of government unhindered. However, patronage and clientelism are common, and wealthy business leaders often have great influence over policymaking, forging relationships with elected officials and extracting policy outcomes favorable to their business interests. C2. Are safeguards against official corruption strong and effective? 1 / 4 Corruption is endemic in Malawi. Civil society leaders have accused the Anti- Corruption Bureau (ACB), which is responsible for investigating corruption, of being ineffective and compromised. A number of major corruption scandals have shaken Malawi in recent years, and high-level officials have generally acted with impunity. Former agriculture minister George Chaponda, who allegedly facilitated maize purchases from Zambia in 2016 at an inflated price, in a corruption scandal known as Maizegate, was acquitted on graft charges related to the purchases in May 2018. A report by the ACB which was leaked in June contained allegations that President Mutharika received a kickback in 2016 from a $4 million contract with a firm to provide food to the police force. Mutharika vehemently denied the claims, while civil society leaders called for the president’s resignation. C3. Does the government operate with openness and transparency? 2 / 4 Malawi lacks budgetary transparency; the government still fails to make year-end budget audit reports available to the public. 3 of 7 7/16/2019, 3:41 PM Malawi | Freedom House https://freedomhouse.org/report/freedom-world/2019/malawi At year’s end, the Access to Information Act, which was signed into law in 2017, had still not come into effect. Civil society groups sharply criticized the government for its failure to implement the law. Laws require high-level public officials to declare their assets and other financial interests while in public service. Mutharika declared his assets in 2015, but many legislators and other officials fail to do so. President Mutharika took no action against cabinet minister Grace Chiumia, who reportedly failed to declare her assets in 2017, despite an October 2018 letter from the director of public officers’ declarations recommending that she be removed from office. D. FREEDOM OF EXPRESSION AND BELIEF: 14 / 16 (+1) D1. Are there free and independent media? 3 / 4 Freedom of the press is legally guaranteed and generally respected in practice. However, news outlets have experienced intimidation. In June 2018, authorities shut down the headquarters of the Times Group media conglomerate, whose outlets have criticized
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