Report of the Commonwealth Parliamentary Association Scotland Branch delegation visit to from 7 to 12 February 2015

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Acknowledgements

The CPA Scotland Branch would like to thank the following individuals and organisations which kindly gave their time and resources to share their knowledge and experience of Malawi. This list is not complete however it would not be possible to name everyone who contributed to the visit. Special thanks go to all the project workers, volunteers and citizens in Malawi whose co-operation and involvement made this visit successful.

The delegation would also wish to express its appreciation to the Scottish Government for continuing to support the relationship between Scotland and Malawi through its innovative International Development Fund.

The Rt Hon Richard Msowoya MP, Speaker, National Assembly of Malawi Hon. Esther Mcheka Chilenje MP, First Deputy Speaker, National Assembly of Malawi Hon Dr Jessie Kabwila MP, Chair of the Women’s Caucus Hon Juliana Lunguzi MP Chairs of Committees, National Assembly of Malawi Dr. George Chaponda, MP, Minister of Foreign Affairs and International Cooperation Roosevelt Gondwe, Clerk of Parliament Harvey Chigumula, Constance Kilimo and Gloria Dzidekha, Protocol Officers, National Assembly of Malawi Stewart Kafamveka and Michael Munthali, National Assembly of Malawi HE Michael Nevin, British High Commissioner Reena Johl, Country Director, British Council (Malawi) Jen Marshall, Head of DfID, (Malawi) The Reverend Masauko Mbolembole, St Michael’s of All Angels, Blantyre Father Focus Chikweya, St Joseph’s Parish, Mendulo Charity Salima, Achikondi Clinic Eniffer Chilunga, Deputy Matron, Open Arms Infant Home Velia Manyonga, Aiming Higher Charles Fawcett, Healthy Lifestyle Project Mary’s Meals Headquarters (Scotland) Chris McLullich, Country Director, Mary’s Meals Mphatso M. Nguluwe, Director of LISAP Dr Peter West OBE, Scottish Honorary Consul of the Republic of Malawi David Hope-Jones, Scotland Malawi Partnership Tracey Thomson, Chair of the Malawi Scotland Partnership Sister Anna Tommasi Father Joseph (Bvumbwe Juvenile Prison)

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Introduction

Background 1. Malawi’s has a population of 14.9 million people. The country ranks 174 out of 187 in the Human Development Index and is unlikely to meet most of the Millennium Development Goals. More than 80% of the population resides in rural areas. According to Statistics provided by the Department for International Development (DfID) over half the population lives below the national poverty line. Rural poverty has risen in the last decade to 57% of the population. Malawi’s population is expected to rise to 26 million by 2030. This is contributing to increased pressure on a depleting natural resource base, exacerbated by an already stressed agricultural sector which accounts for one-third of GDP.

2. The country now faces serious challenges in strengthening national government and re-establishing local government structures. A key aspect of this process will be restoring public confidence in government and increasing citizen participation in local-level decision making. Multi-nationals have worked closely with civic and political organizations in Malawi to support the development of democratic institutions since 1994. With the support of DfID and other international donors, these organisations have provided assistance to Malawian institutions and civil society to enhance democratic governance.

3. Developments have been made over the years however the institutions could be stronger. Given that the major institutions have seen a reduction in direct funding over the past few years this is a major challenge, particularly for the National Assembly of Malawi.

4. According to the Organisation for Economic Co-operation and Development the unequal status of women in Malawi is shaped by the inter-locking factors of general poverty, discriminatory treatment in the family and public life and a vulnerability to HIV/AIDS. Both matrilineal and patrilineal systems operate in Malawi’s ethnic groups and it is reported that both systems perpetuate discrimination against women in the family with respect to control over resources. Women in Malawi generally fare worse than their male counter-parts on most social and economic indicators including wage equality, political participation, secondary and tertiary education enrolment and literacy. However, Malawi has achieved gender parity with respect to primary school enrolments, which indicates an improvement in attitudes towards girls’ education. It is estimated 28% of girls finish the full 8 years of primary school.

5. In some areas of Malawi young girls are married at a very young age. There is a number of civil society organisations actively engaged in banning this practice. In some areas of gender inequality legislation has been passed to ensure progress is being made. A key issue debated in the plenary during the week of the parliamentary visit was the Marriage, Divorce and Family Relations Bill which was in the final stages of the legislative process. The delegation notes that on 12 February 2015 the National Assembly passed the Bill which should stop child marriage which, according to many leading experts, is both a cause and

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consequence of grinding poverty, gender-based violence and the inequality that girls experience every day.

6. One of the provisions of the Bill sets a universal minimum marriage age at 18 years. The delegation understands that, under customary and religious rites, puberty can be used as a marker to determine whether a girl is ready for marriage. As a result, half of all women in Malawi reportedly get married before their 18th birthday. However, according to the Law Library of the US Congress, the minimum age of marriage set under the legislation is not absolute. Section 22 of the Malawi constitution permits children between the ages of 15 and 18 to contract marriages with the consent of their parents and guardians. Therefore, an absolute ban on marriage of children under the age of 18 would require a constitutional amendment. It appears that this particular provision of the Constitution can only be amended via popular referendum, in which the proposal must receive the majority support of those who participate in the vote. Nonetheless, this is an important piece of legislation which might change attitudes.

7. Following the 1994 multi-party elections women comprised 5% of the elected representatives. In 1999 this increased to 7%. In 2004, the number of women parliamentarians rose to 13% and increased again to 22% in 2009. The 2014 elections brought disappointing results with only 16% of women being elected. It is now widely accepted that empowering women as political and social actors is necessary for the consolidation of democracy and development.

Relationship at a parliamentary level 8. Links between Scotland and Malawi began with David Livingstone’s journeys up the Zambezi and Shire rivers to Lake Malawi. Not only his life of friendship and engagement with the Nyasa people but even more his death in central Africa galvanised Scotland to make a commitment to this particular part of Africa, long before the borders of the modern nation of Malawi had been set. In the mid 1870s, both the Church of Scotland and the Free Church of Scotland established missions in Malawi, the former in the south, the latter in the north. Before long, Malawians were coming to Scotland for further training and a two-way movement of people and ideas between the two nations was underway.

9. Given the strength of the popular movement at the start of this millennium to renew and re-invigorate the longstanding friendship between the two nations, it was, appropriate that this should be given expression at parliamentary level with a visit to Malawi by a cross party delegation under the auspices of the CPA Scotland Branch in 2005. This visit was followed by a visit later that year by the then First Minister of Scotland, Jack McConnell MSP, closely followed by a visit to Scotland in November 2005 by HE , then President of the Republic of Malawi.

10. The Commonwealth Parliamentary Association (CPA) is an international community of Commonwealth parliaments and legislatures working together to deepen the Commonwealth’s commitment to the highest standards of democratic governance. Parliaments, their Members and officials learn from each other through CPA activities which includes inter-parliamentary visits.

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11. Under the auspices of the CPA, the has for the past 10 years developed a unique and special relationship with the National Assembly of Malawi. The relationship is built on trust, friendship and mutual respect with each of the institutions regarding each other as equal partners.

12. This particular visit arose from the continuing programme of assistance which the Scottish Parliament has agreed with the National Assembly. Elaine Smith MSP, Deputy Presiding Officer of the Scottish Parliament led a delegation to Malawi from 7-12 February 2015. The members of the delegation were James Dornan MSP and Liam McArthur MSP along with David McGill, Head of Chamber Office and Reporting and Margaret Neal MBE, Secretary of the CPA Scotland Branch.

13. This visit provided an excellent opportunity to reach out across a wide but small spectrum of individuals and groups within Malawi with very strong links to Scotland and to build on existing links. This year commemorates the 10th anniversary of the Scotland Malawi relationship at parliamentary level therefore it was particularly appropriate that the delegation should visit. A copy of the visit programme is at Annex A.

Malawian politics 14. On 20 May 2014, Malawi held presidential and legislative elections.

15. The serves a dual function as both the Head of State and the Head of Government. The President is elected by popular vote to serve a five year term.

16. The incumbent President was defeated by of the Democratic Progressive Party who won 36.4% of the vote. Joyce Banda claimed the vote was rigged and the Malawi Electoral Commission (MEC) had asked for a 30-day extension to declare the results so that a recount could be carried out. However, the High Court refused to delay the release of results and ordered the commission to make its announcement on Friday 30 May 2014.

17. Peter Mutharika is the brother of the late President Bingu wa Mutharika, and had served as his foreign minister. Former preacher Lazarus Chakwera came second with 27.8% of the vote. He represented the Malawi Congress Party, which governed from independence in 1964 until the first multi-party poll in 1994. Mrs Banda, who came to power after the death of Bingu wa Mutharika two years ago, was third with 20.2% of the vote.

The National Assembly of Malawi 18. The Malawian Parliament consists of 193 seats and representatives are elected for five year terms. The most recent elections were held at the same time as the Presidential election on 20 May 2014. The results of the election are provided in the table below (Figure 1).

19. The election result saw a close run contest between the party of the new President, the Democratic Progressive Party and the Malawi Congress Party.

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Former President Joyce Banda’s People’s Party finished third with 26 seats. Interestingly 52 independents were elected.

20. The election saw 30 women returned to the National Assembly, equating to 15.6% of the overall composition.

21. Similar to the Scottish Parliament, the National Assembly is unicameral. The Speakers are also selected by secret ballot. In 2010 the National Assembly moved into a new parliament building which contains purpose built committee rooms and a spectacular debating chamber. The Scottish Parliament which was established in 1999, just 5 years after Malawi moved to a multi-party democracy, also moved into a new building in 2004. This commonality has also brought Members closer together as well as sharing a desire to strengthen parliamentary democracy.

22. The National Assembly currently has 22 committees including the Women’s Caucus.

Election results Party Number of Seats won

Independents 52

Democratic Progressive Party 50

Malawi Congress Party 48

People’s Party 26

United Democratic Front 14

Others 2

Figure 1

Aims and objectives 23. The broad aims of the visit were to:

 strengthen the on-going relationship between Members of the Scottish Parliament and the National Assembly of Malawi;  undertake a series of workshops aimed at strengthening parliamentary democracy through the work of the Assembly’s committees;  gain first-hand knowledge of the National Assembly’s challenges in strengthening parliamentary democracy;  recognise the 10th anniversary by hosting a reception in Lilongwe; and  strengthen the relationship between Scotland and Malawi Branches of the CPA.

24. The remainder of this Report illustrates the activities which were undertaken under each aim.

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 Strengthen the on-going relationship between Members of the Scottish Parliament and the National Assembly of Malawi

25. As previously mentioned, tripartite elections to the Assembly took place in Malawi in May 2014. Therefore, it was considered important that Members of the Scottish Parliament engaged with Malawian Members as soon as possible thereafter to re-kindle existing working relationships and forge new relationships and links with the elected Members. This task was made easier when the CPA Secretariat invited Liam McArthur to join its resource team which delivered post- election workshops to the newly elected Assembly Members. This was followed by a visit in August 2014 to the Scottish Parliament by the Honourable Speaker, Mr Richard Msowoya MP along with the Acting Clerk of Parliament, Roosevelt Gondwe, to discuss how both institutions could move forward in the future. During that visit, the Speaker set out in discussions with the Presiding Officer and other MSPs those areas of particular importance on which he would like this next phase of the engagement to focus. These were:

 continuation of the intern programme (to be focused on committee clerks);  improving the process for draft budget scrutiny for all Members and relevant officials;  effective operation of committees;  improved records management;  assist with the drafting of the 2015-20 Strategic Plan;  media relations training;  provision of core Scottish Parliament publications to the Assembly library;  Standing Orders refresh; and  Parliamentary Pairing Initiative.

26. Members of the delegation were able to interact with Malawian MPs during the workshops and breaks within the programme. Many MPs also attended the 10th anniversary reception (see below) hosted by the British High Commissioner.

27. The Deputy Presiding Officer and the First Deputy Speaker of the National Assembly are looking to correspond together in an informal pairing arrangement. The Speaker has already twinned with Margaret Mitchell MSP (a member of the CPS Scotland Branch Executive Committee) which strengthens the continuing relationship between both institutions at the highest levels.

28. During the official opening ceremony to the workshops (see below) the Speaker, on behalf of the Malawian Members, warmly welcomed the delegation to the Assembly and re-iterated that it valued its relationship with the Scottish Parliament and that he and Members welcomed this opportunity to once again work together in the interests of strengthening parliamentary democracy. This sentiment was echoed by the Clerk of Parliament who joined the Speaker in welcoming the delegation.

29. The Deputy Presiding Officer responded by saying it was an honour to once again work with the Assembly. The Deputy Presiding Officer also offered

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condolences on behalf of the delegation following the recent flooding which had struck the southern region resulting in loss of life and devastation to homes, crops, livestock and infrastructure. (The Presiding Officer had previously written to the Speaker expressing the Scottish Parliament’s condolences).

 Undertake a series of workshops aimed at strengthening parliamentary democracy through the work of committees

30. As the National Assembly was sitting during the period of the visit it was not possible to deliver workshops to all Members. However the delegation delivered four workshops to Chairs of Committees and senior officials over a two day visit to the Assembly. The topics for the workshop were:

 Workshop 1: Budget scrutiny and public audit accountability  Workshop 2: Legislative scrutiny and process  Workshop 3: Undertaking committee inquiries  Workshop 4: Role of the committee clerk and research in committee work

Workshop 1: Budget scrutiny and public audit accountability 31. The first half of this session was chaired by the First Deputy Speaker, the Hon. Esther Mcheka Chilenje MP. The Hon Dr Jessie Kabwila MP chaired the second half while Liam McArthur MSP led the discussion on budget scrutiny and public audit accountability. Following his presentation participants asked questions and raised points for discussion including the following:

 Committees of the National Assembly were not as involved in the budget scrutiny process as Members would wish. It was explained that although it was early days as the Assembly had only met once since the election, there was a consensus that that due to the Assembly not having its own budget and the absence of a regular parliamentary calendar, proper budget scrutiny would be hard to achieve. Concern was raised that there was no interaction between the Government and committees prior to the plenary sessions and that committees have only 10 days before the budget meeting to scrutinise the Budget Bill. It was acknowledged that there were capacity issues in 2014 which impacted on the Assembly’s ability to scrutinise the budget. However, nine cluster committees had been formed just prior to the 2014 budget meeting and each committee had been allocated a number of Votes (i.e. budget allocations) to scrutinise. Whilst this cluster system had been welcomed there was a feeling amongst some Members that there was insufficient time and inadequate resources to properly scrutinise the budget in greater depth;  Committees were unable to meet regularly to monitor the budget and the Budget and the Finance Committee lacked adequate resources to ensure effective scrutiny. Some committees had not met since the 2014 election which hindered MPs in fulfilling a key component of the job for which they were elected;  Committees were not provided with factual reports to inform debate and received no assistance to develop work plans. There was a consensus that the Assembly would benefit from having a “Budget Office” to provide committees with research based information about the budget;

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 The involvement of stakeholders in the budget process would improve its scrutiny;  MPs were not provided with parliamentary offices which hampered their ability to fully carry out their role;  Responsibilities and powers at national and local government levels both in Scotland and Malawi and the challenges each face. In Malawi underdeveloped local government lacks funding and while certain functions are devolved to local government, the budget sits with central government;  Regional differences, vulnerable groups and gender issues were discussed. Members of the Scottish delegation mentioned that equality impact reports in relation to new legislation were provided in Scotland which identified potential impacts e.g. how a policy may impact, either positively or negatively, on different sectors of the population in different ways;  The importance of ensuring continuous reforms to parliamentary practises and procedures to keep up to date with changing circumstances. The challenges involved in securing additional resources were discussed as well as the setting of realistic objectives whilst working towards the ultimate goal of a financially independent legislature;  Proper parliamentary oversight by committees did not seem to be given the required status possibly due to a lack of resources; and  Members of the Scottish delegation acknowledged that the Assembly’s officials were operating under extreme pressures. Nonetheless, they were impressed with the officials who appeared to be demonstrating commitment, dedication and enthusiasm despite considerable challenges.

32. At the conclusion of this workshop the Chair summed up with the following recommendations:

 the National Assembly should continue to work towards being a financially independent institution and that it should have its own budget at the start of each financial year;  the National Assembly should have a fixed sitting calendar to allow committees to meet regularly and with scheduled plenary sessions;  traditional practices for running the Assembly, including committees, should be reviewed with a view to introducing updated methods on administering its work;  the cluster system for budget scrutiny should continue.

Workshop 2: Legislative scrutiny and process 33. This session was chaired by the Hon. Dr Jessie Kabwila MP. Elaine Smith MSP, Deputy Presiding Officer, led the discussion on the legislative process. Following the presentation participants asked questions and raised points for discussion including:

 the differences between a Member’s Bill and a Private Bill;  the stages of legislation and how each stage works;  the timing involved in the process of legislation in the Scottish Parliament;  the parliamentary calendar within the Scottish Parliament;  consensus and conditions in which agreement may flourish;

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 commitment and responsibilities of committee members to ensure that good quality legislation is passed;  conflict members may face when considering legislation and voting between constituency and party loyalties;  post legislative scrutiny;  parliamentary privilege;  the role of the judiciary; and  sub-judice.

34. The Chair summed up the discussion and again messages similar to the earlier session on budget scrutiny came through. The main points to emerge from the discussion were:

 autonomy of the legislature is crucial in the legislative process;  the National Assembly should meet more regularly as should its committees;  there is a cost attached to making good legislation and it is essential that there is investment in the legislature;  parliamentary oversight is an evolving process not an event therefore it is essential that Standing Orders and its procedures are regularly reviewed and amended as necessary so that they are fit for purpose; and  Members of the delegation noted that the Committee Chairs were from opposition parties.

Workshop 3: Undertaking committee inquiries & Workshop 4: Role of the committee clerk and research in committee work 35. Given that there were many overlapping features between workshop 3 and 4 it was agreed that both presentations should be delivered consecutively. The Hon Dr Jessie Kabwila MP and the Hon Juliana Lunguzi MP co-chaired the session. James Dornan MSP and David McGill, Head of Chamber Office and Reporting delivered presentations 3 and 4 respectively. This format worked well and the following questions and points were discussed:

 what does the Scottish Parliament do when the Scottish Government ignores recommendations?  what can be done when government does not implement legislation?  what role is there for committees to ensure legislation is implemented as intended and what methods can be used to do this?  post inquiry monitoring and action;  education/training for elected Members to conduct inquiries;  how are issues which cross over committees handled?  how much time is spent on researching information in relation to committee inquiries and who receives the information?  neutrality of research information and confidentiality surrounding requests for research;  methods used to allocate Members to committees;  importance of continuity within committee membership and the clerking team

36. One of the key points to emerge from Workshop 3 was that the process for conducting committee inquiries had to be transparent and open. Holding an

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inquiry provided an ideal opportunity to encourage people from all backgrounds to participate.

37. The DPO thanked participants for attending and stated that the Scottish delegation found the workshops interesting and enjoyable due to the interaction between Members and hoped that Assembly Members and officials had found the sessions worthwhile.

38. Hon Juliana Lunguzi MP closed the session by stating that the National Assembly takes training for Members and officials very seriously and that Members, including those at the highest levels within the Assembly, valued the relationship with the Scottish Parliament and hoped that the partnership would continue in the future. Hon Lunguzi MP concluded by thanking the delegation for their contributions over the duration of the workshops.

 Gain first-hand knowledge of the National Assembly’s challenges to strengthen parliamentary democracy

39. There was ample opportunity throughout the visit to hear the thoughts of people from across all backgrounds about the challenges facing Malawi. The main obstacle to strengthening parliamentary democracy at the time of the visit appeared to be the reduction in both direct and indirect financial support to the National Assembly. It was commented that direct budget support from international donors had begun to dwindle before the ‘Cashgate scandal’ and many understood the hesitancy of the international donor community to re-instate such support. There was recognition of the work which the Scottish Parliament is doing with regards to capacity building work with committees. The delegation also heard that with support from the international development community it was likely that the National Assembly would be able to recruit up to 10 committee clerks which would allow its committees to meet more frequently.

40. The delegation was extremely impressed with the knowledge, depth of experience and commitment portrayed by the Chairs of Committees and their collective desire to do a good job in scrutinising the government. Members of the delegation commented at the level of consensus which existed amongst the Chairs despite coming from different political parties. The senior officials and committee clerks who attended workshops 2 and 3 demonstrated a deep understanding of the challenges which prevented them from providing better support to members. Despite difficult circumstances, these officials were keen to learn new ways and develop skills in order to improve support to Members.

41. The delegation was of the view that there is a window of opportunity to provide support to the Assembly’s committees in this relatively new session.

42. It is not within the responsibility of the Scottish Parliament’s to provide the funding to improve the internal infrastructure of the National Assembly or provide financial support to enable its committees to meet. The delegation reflected on whether there could be scope for the international donor community to establish a “managed basket fund” to support the National Assembly.

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43. The delegation visited eight projects and institutions with links to Scotland:

 Open Arms Infant Home, Blantyre;  St Michael’s of All Angels Cathedral, Blantyre;  Girls Go for Heath and a disabled children project at Mendulo which were under the umbrella of the Healthy Lifestyle Project - Aiming Higher In Malawi;  Thyolo CCAP;  Bvumbwe Juvenile Prison;  Matindi primary school, Blantyre which is supported by Mary’s Meals;  Minga Community Day School, Lilongwe; and  Charity Salima’s maternity clinic, Lilongwe.

44. Visits to these projects provided the delegation with a deeper and broader understanding of the challenges the people of Malawi, and their parliamentarians, face. During the visit to Mendulo and Thyolo members of the delegation were able to see first-hand the devastation caused by the floods which had ravaged the southern region in January 2015. (The delegation noted that the damage caused by floods in other districts was even worse). It was encouraging to hear that the international donor community including the Scottish Government had reacted promptly by providing food, shelter and medical assistance and that the relief effort was continuing. Importantly, the delegation was informed that much of the financial assistance in responding to the disaster had come from within Malawi and there was also praise for the way in which the Malawian Government had reacted. Mary’s Meals had also played an important role. In the badly affected areas where schools were closed, the volunteer teams switched to providing food for displaced villagers in the area.

45. Members of the delegation also gained a valuable insight into how maternity services worked and the challenges facing primary and secondary schools in Malawi.

46. Members of the delegation also met with Tracey Thomson, Chairperson of the Malawi Scotland Partnership Board (MaSP), Mphatso M. Nguluwe, Director of LISAP (Livingstonia Synod Aids Program) and Board member of MaSP, Sister Anna Tommasi, Order of the Franciscan Auxiliaries Lay Missionaries of the Immaculate. These discussions broadened the understanding of the delegation as to the challenges facing young offenders, girls and poverty related issues affecting many Malawians.

47. The Hon George Chaponda, Minister for Foreign Affairs and International Cooperation invited the delegation to meet with him at his office. It was an extremely interesting and informative meeting with frank and open conversations taking place. The Minister spoke about the challenges facing Malawi, the Government’s priorities, the economy and the devastation caused by the floods.

 10th anniversary event in Lilongwe

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48. HE Michael Nevin, British High Commissioner hosted a reception to celebrate the 10th anniversary of the first visit by a CPA Scotland Branch delegation to Malawi at the High Commissioner’s residence.

49. The reception was well attended and guests included the Speaker, First Deputy Speaker, Members of the National Assembly, National Assembly officials, representatives from the Scottish diaspora and representatives from international development agencies.

50. This provided an ideal opportunity to hear the thoughts of others on the relationship between Scotland and Malawi and throughout the evening there were many positive comments on the relationship at parliamentary level, not least from the High Commissioner.

 Strengthen the relationship between Scotland and Malawi Branches of the CPA

51. The DPO met with the Hon Lobin Clarke Lowe, MP and Chairperson of the CPA Malawi Branch and received an update on the position of the Branch. The CPA Scotland Branch Secretary met with her counterpart, Lawson Chitseko, and undertook to continue regular contact.

Conclusions 52. Members of the Scottish delegation were both uplifted and humbled during the visit. Throughout they witnessed inspirational examples of how dedicated and committed individuals can make a real difference to the lives of others and where the support provided was through Scottish links. The delegation commends individuals, schools, non-governmental organisations, civil society organisations, institutions and faith groups in both countries for both sustaining and growing the Scotland Malawi relationship.

53. Over the past 10 years the Scotland Malawi relationship has gone from strength to strength. The University of Edinburgh did some independent research work in 2014 on the Scotland Malawi Partnership and found that 94,000 Scots and 198,000 Malawians are actively involved in partnership activities. It is estimated that the members of the Scotland Malawi partnership contribute £40 million per annum in time, energy and finances.

54. The unique special relationship which exists between Scotland and Malawi provides an ideal opportunity for people who become involved to develop into global citizens regardless of age.

55. Those Members of the delegation who had visited Malawi before were of the view that Malawi and the National Assembly was changing. The National Assembly now operates from a new building which houses a significant chamber which has been beautifully designed (although it was noted that some MPs expressed concerned that the lay-out of the building was not always conducive to efficient working). During the visit the Speaker of the National Assembly invited the delegation to sit at the back of the Chamber during a plenary sitting and welcomed the delegation from the Chair.

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56. The Assembly’s staff displayed a confident and positive attitude despite a serious lack of resources for both Members and officials.

57. There is a continuing strong desire and commitment to make progress in developing the scrutiny role of the committees and enhance their ability to hold the Government of Malawi and others to account.

58. The delegation hopes that the Assembly participants found the workshops useful and that points made through the discussion will enhance their work in the future.

59. The delegation recommends that the Interns Programme should proceed. Furthermore, the two committee clerks employed by the National Assembly should be given the opportunity to participate and it should not be restricted to the new intake.

60. The delegation considered that there is a window of opportunity to support the Chairs of Committees. While substantial funding would be required to support the Assembly’s committees to meet, such support is not within the remit of the Scottish Parliament. However it is considered that this view should be conveyed to the Department for International Development. The delegation further considers that the Scottish Parliament should support international organisations, if requested, through the provision of skill, information and knowledge transfer subject to resources.

61. The delegation recommends that the relationship between both legislatures at parliamentary level should continue with a focus on supporting committee clerks. Support in other areas providing core support to Members should also be considered subject to resources.

62. The delegation recommends that the CPA Scotland Branch Executive Committee should be updated on the current status of CPA Malawi Branch as a member of the CPA.

63. The delegation recommends that the Scottish Parliament’s UK and International Relations Office should use the impressive inward visit arrangements as carried out by the National Assembly’s protocol team, as a benchmark to measure that the Scottish Parliament’s international protocols are also of a high standard.

64. The delegation commends the Malawian, UK and Scottish Governments for their responses to assist the victims of the floods

65. The delegation commends the work being carried out by Mary’s Meals and fully endorses the Scottish Government’s support to the charity.

66. The delegation further recognises the impact that the Aiming Higher in Malawi Schools’ Initiative has had on enriching the lives of young people in Scotland who are involved in supporting projects in the project’s catchment area.

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67. Members of the delegation undertook to explore if there are any existing projects available to support the work of Sister Anna Tommasi and improve conditions generally for children being held in juvenile prisons.

68. The delegation recognises the achievement by Sanday Community School in Orkney and the wider community in maintaining and strengthening the relationship with Minga Community Day School.

69. The delegation recommends that this report is sent to the British High Commissioner to Malawi, the Department for International Development (Malawi), the Scottish Government Minister for Minister for Europe and International Development, the Commonwealth Parliamentary Association Secretariat and the Scottish Parliament’s Europe and External Relations Committee.

70. The delegation agreed that the visit objectives had been met.

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Annex A

Programme for the CPA Cross Party delegation visit to the National Assembly of Malawi from Thursday 5 February to Thursday 12 February 2015

Saturday 7 February

Visit Open Arms Infant Home

Visit St Michaels of All Angels Church and pay respects at the missionaries graveyard

Meeting with Sister Anna Tommasi and members of the Scotland Malawi Partnership Board

Sunday 8 February

Programme A: Elaine Smith MSP, James Dornan MSP and Margaret Neal - Accompanied By Constance Kilimo

Roman Catholic mass at Mendulo

Mendulo Girls Go for Health

Meeting with disabled children

Bvumbwe Juvenile Prison

Meeting with Tracey Thomson, Chairperson of the MaSP

Programme B: Liam McArthur MSP and David McGill accompanied by Gloria Dzidekha

Makwasa New Tea Factory

Service at Kasembereka New Church

Afternoon Programme same as Programme A

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Monday 9 February

Programme A: Elaine Smith MSP James Dornan and Margaret Neal - Accompanied By Constance or Gloria

Visit to Matindi Primary School supported by Mary’s Meals

Transfer to Lilongwe

Briefing session with HE Michael Nevis, British High Commissioner and representatives from DfID and the British Council

Programme B: Liam McArthur MSP and David McGill accompanied by Gloria Dzidekha

Visit to Minga Academy, Lilongwe

Afternoon Programme same as Programme A

David McGill only: meeting with Committee Clerks

Tuesday 10 February

DPO led courtesy call with the Rt Hon Richard Msowoya MP, Speaker of the National Assembly of Malawi

Official opening of the workshop programme with Chairpersons of committees

Official Opening Statement by Rt Hon Richard Msowoya MP, Speaker of the National Assembly of Malawi

Address by Elaine Smith MSP, Deputy presiding officer of the Scottish Parliament

Workshop 1: Budget scrutiny and public audit accountability

Workshop 2: Legislative scrutiny and process

Scottish Parliament/National Assembly of Malawi 10th anniversary reception hosted by British High Commissioner

Wednesday 11 February

Meeting with the Hon George Chaponda MP, Minister of Foreign Affairs and International Cooperation

Workshop 3: Undertaking committee inquiries

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Workshop 4: Role of the committee clerk and research in committee work

Observe plenary proceedings in the Chamber

Dinner hosted by Rt Hon Richard Msowoya MP, Speaker of the National Assembly of Malawi

Thursday 12 February

Achikondi Clinic in Area 23, Lilongwe

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Annex B Open Arms Infant Home in Blantyre 1. Open Arms Infant Home in Blantyre was established in 1995 as a response to the rising number of maternal deaths and the resulting increase in new born orphans in Malawi. The Infants Home, Harrogate House and the transition home, where guardians will stay with a returning child for a few days prior to their leaving Open Arms are situated in Blantyre. A similar set up can be found in Mangochi.

2. Open Arms provides infant care, toddler care, a foster house programme and an outreach programme. Annie’s House was made possible by the support of the Annie Lennox SING campaign, following her visit to Open Arms in 2011 with the then Presiding Officer of the Scottish Parliament, Alex Ferguson MSP. Ms Lennox is also the Special Envoy for the CPA Scotland Branch. It is home to six children aged between three and six. It gives children a second chance to live healthy, happy lives with the support of a house mother. Annie’s house is also supported by other Scottish organisations.

3. The delegation made a short visit to Open Arms Infant Home on Saturday 7 February 2015 and received a warm welcome from Ennifer Chilunga, Deputy Matron and her team. The delegation was of the view that the Open Arms Infant Home model is exemplary. The children were being raised in a positive and nurturing environment and are extremely well cared for. The dedication and commitment of the staff and volunteers was clearly evident. The rights and dignity of the children in their care were paramount.

4. The Open Arms Infant Home is donor dependant although they do make a little extra money from selling surplus eggs and vegetables from their garden. The future and expansion of Open Arms is dependent on continuing support from Scotland and the wider world. For further information about Open Arms please follow the attached link: www.openarmsmalawi.org/

Church of St Michael and All Angels 5. The delegation visited the Church of St Michael and All Angels to visit the graves of Scottish Missionaries who are buried there.

6. The Church of St Michael and All Angels, was built by missionaries of the Established Church of Scotland who came to Malawi a few years after their brethren of the Free Church had founded the first Livingstonia mission station at Cape Maclear. The settlement was named Blantyre, after the birthplace of David Livingstone, the famous explorer. The leader of the missionaries was the Rev Clement Scott. With no training in architectural design or construction skills, and only local handmade bricks and wood available, Scott planned and then oversaw the building of the magnificent church, complete with dome, towers, arches and bay windows. The church was extensively renovated in the 1970’s however the structure closely resembles the original building on its completion in 1891.

7. The Established Church of Scotland later became known as the Church of Central Africa Presbyterian (CCAP), and there are still CCAP churches and missions all over Malawi.

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8. The delegation was met by the Reverend Masauko Mbolembole, the Congregation Moderator, Head of the Blantyre Mission Station, the Session Clerk and many others involved in the running of the church. Reverend Mbolembole escorted the delegation on an extremely interesting tour of the church and its environs.

9. The delegation saw the plaque dedicated to Robert Cleland, a missionary from Coatbridge which was particularly poignant given that the Deputy Presiding Officer is the elected member from that constituency. The delegation also visited the spot where the first missionaries pitched their tents and visited St. Michael and All Angels Cathedral.

10. The delegation, led by the Reverend Mbolembole paid their respects at the graves of the early Scottish missionaries and the final resting place of the Reverend Andrew Ross who is also buried at St Michaels and All Angels. The grandchildren of the late Reverend Ross had decorated 4 small pebbles which the Deputy Presiding Officer placed on the headstone.

11. The cathedral is a fine building and the people of Malawi are justly proud of their historic landmark.

The Healthy Lifestyle Project - Aiming Higher In Malawi 12. On Sunday 8 February 2015, Elaine Smith, Deputy Presiding Officer visited projects with links to Scotland in the Mendulo area in southern Malawi. On arrival in the area she attended a catholic mass at St Joseph’s RC Church. She was well received by Father Focus Chiweya and invited to address the congregation. This was a memorable occasion not least due to the warm welcome given by the local community particularly from the young girls who greeted her on arrival in the traditional way. The church visit was followed by a visit to the Girls Go for Health Initiative office. Until fairly recent times, Malawi girls were not allowed to go to school, investment in girls was seen as wasteful, their main function being to have children, look after siblings, cook, tend crops and other menial roles.

13. The Girls Go for Health Initiative aims to empower girls themselves to set up and run their own enterprise activities. The profits from these activities are re- invested and used to grow the capacity of the Girls Go for Health Initiative. The girls support other girls, within the school environment by confidence building and providing female hygiene and sanitary wear.

14. A series of after school activities are also established to empower girls, some of which include boys for sensitisation purposes. The overall purpose is to retain and support girls in school.

15. Girls Go for Health supervisors also play a major part in the collection of data for the disabled children database where the supervisors visit the villages completing profile forms for each of the 400 disabled children in the area. The delegation was given access to the records and complemented the supervisors on their excellent record keeping.

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16. The visit to the Mendulo area concluded with a visit to a village ravaged by recent floods. It was heartening to see locals unaffected by the floods bringing food and clothing to the village. The Deputy Presiding Officer was shown into a temporary shelter which measured no more than 12x9 feet which would be used to house a family which included a disabled child. The conditions were appalling, the ground was still sodden from the floods and the occupants would have to lie down and sleep on mats in a cold, damp and wet shelter. Whilst it was difficult to come to terms with these conditions, the delegation was aware that the Mendulo area was not the worst area affected.

17. Disabled children in Malawi face many challenges such as accessing school, health care, cultural acceptance as well as discrimination, stigmatism and superstition.

18. Disabled children are too often locked or hidden away. The guardians, mostly mothers or grandmothers, struggle to achieve any means of economic empowerment and often suffer continuous poor health due to malnutrition. The programme to assist disabled children which is run by the Scottish based organisation Healthy Lifestyle incorporates provision of wheelchairs, crutches, prosthetic limbs and bespoke shoes. In addition project leaders strive to enrol and maintain disabled children in school, providing school fees, uniform and resources, plus sustainable economic development for guardians.

19. For more information about the Healthy lifestyle project please follow the link below: http://www.scotlandmalawipartnership.org/members.html?display=memberdetails&m emberid=347

Orkney/Thyolo links 20. Whilst the Deputy Presiding Officer visited Mendulo, James Dornan MSP and Liam McArthur MSP visited the Thyolo area.

21. The link to Scotland is essentially between the Thyolo and Orkney Presbytery, and the programme included visits to two churches including Kasembereka New Church for which the presbytery and wider community in Orkney had helped provide funding. The relationship extends beyond the faith community, notably through Kester Chiwalo, who works with Eastern Produce, a tea producing company who has long established links with the Orkney Fair Trade group and Westray School.

22. The Kasembereka tea estate has its own processing factories and also receives green tea leaf from smallholders for processing.

Bvumbwe Young Offenders Rehabilitation Centre 23. The Bvumbwe Juvenile Prison is home to around 270 young offenders between the ages of 14-20 both convicted and remanded. Congestion is a common problem in Malawian prisons for both juveniles and adults. In Bvumbwe, more than 200 children have to share a cell the size of a classroom and there is one shower.

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24. In Malawi, the law requires pre-trial detainees to be held separately from convicted prisoners; however, many prisons have not been able to comply due to inadequate facilities.

25. Sister Anna Tommasi, a nun of the Order of the Franciscan Auxiliaries Lay Missionaries of the Immaculate, started a school programme to teach the boys in November 2005. Last year one of the boys qualified for university entrance. The school programme is carried out by six teachers, two officers and two boys. School material and the teachers’ salaries are provided by a German Foundation. Last year Bvumbwe Prison School received resources from Scotland including a laptop, projector, physical science instruments and blankets. Two years ago a twinning arrangement was established between the boys of Bvumbwe and the boys of Polmont Young Offenders Institution.

26. There are around 200 detainees attending primary and secondary school. The boys also cultivate maize, sugar cane and vegetables.

27. The delegation was warmly received at the prison. The boys had organised a performance involving music and comedy which was very good. The Deputy Presiding Officer was presented with rosary beads which one of the boys had made especially for her visit.

28. The Child Justice Forum, UNICEF and Justice for Vulnerable Groups say that no child should be in prison, but boys below the age of 16 are still being put in prison, often for what people in Scotland might consider to be very minor offences, either to serve a sentence or on remand with no sentence. This situation is fairly common where a child can be incarcerated “until he changes behaviour” or “until he is 18”. The delegation was informed that the problem is that nobody comes to follow up the situation, to give counselling or contact the families. Due to poor administration, boys who are put in prison without sentence often stay longer than necessary because no-one provided the paper work to release them.

29. The situation has been made worse by numerous judiciary strikes recently which have hampered the progress of trials for those on remand and prevented individuals from being granted bail.

30. A local NGO (Chifundo Chilungamo Chitukuko Trust) has recently provided a Liaison Officer who is responsible for dealing with such cases. Counselling sessions for the detainees are also planned.

31. Members of the delegation considered that the institution appeared to be well run in difficult conditions. The education programme which Sister Anna provides is remarkable and hopefully contributions from outside Malawi will continue to be available to ensure this continues. Members of the delegation were struck by the appalling conditions in which the boys live. The prison did have a small sick bay however, it was very depressing to hear that there were no medicines, not even a basic painkiller. The delegation was advised that the situation in Bvumbwe also exists in other juvenile prisons.

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32. Members of the delegation agreed that they would undertake to find out if there was existing projects being administered through Scottish groups which might extend support to juvenile institutions in southern Malawi.

Mary’s Meals

33. Malawi is where the work of Mary’s Meals began in 2002. The organisation provides daily meals in school to over 740,000 children attending primary schools or Under 6 Centres. On Monday 9 February 2015, James Dornan MSP and the Deputy Presiding Officer visited Matindi Primary school which is a semi-rural school in Blantyre. The purpose of this visit was to see how this project worked on the ground.

34. This particular school was selected because Primary School supports Matindi Primary School and is situated within Mr Dornan’s constituency (in addition, Mr Dornan attended Holyrood High School in which also supported Matindi primary school and Holyrood High School’s support re-roofed the school and painted classrooms). The delegation was met by Chris MacLullich, Country Director for Mary’s Meals and escorted to the school. The delegation received a warm welcome from the Head Teacher and the Commissioner for Education.

35. Chris explained that Mary’s Meals always works closely with local communities when establishing a school feeding project. Teachers and parents organise a pool of volunteers who will take their turn cooking and serving the meals. Mary’s Meals provides the kitchen, cooking equipment, training, ongoing support and regular supplies of Likuni Phala. Each project is visited regularly by Mary’s Meals staff to support the volunteers and to ensure all is going as it should. They also collect data from the school to monitor the impact school feeding is having on the pupils. It is estimated that Mary’s Meals is currently feeding 20% of the primary school population in Malawi.

36. The delegation was delighted to hear that Chris and his team had mobilised the feeding process to areas within their catchment area affected by the floods. Schools had been turned into temporary shelters and the team had utilised resources to provide food for the victims.

37. This was an interesting and informative visit and members of the delegation were extremely proud that this remarkable initiative was established in Scotland. For more information about Mary’s Meals please follow the attached link. www.marysmeals.org.uk/a-global-campaign/malawi/

38. On Monday 9 February, Liam McArthur MSP visited Minga Community Day Secondary School. This school is twinned with Sanday Community School in Orkney. A team of five third year students from Sanday won the Scottish Africa Challenge competition in 2005 and their prize was a week-long trip to Malawi. Five students from Minga School accompanied the Sanday students throughout their visit and they made a reciprocal visit to Scotland. The links between the two schools have grown over the past 10 years.

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39. Mr McArthur was welcomed at the school by Denis Msukwa, Head Teacher and Happy Kondwani. Mr Kondwani has been actively involved in the twinning for a number of years. The visit provided an excellent opportunity for Mr McArthur to meet staff and pupils.

Charity Salima 40. Charity Salima is a nurse midwife who worked for government for 16 years before she founded her own clinic in 2008. This project is part funded by MUMS. Please follow the attached link for more information: http://mumsrecipes.org/

41. On 18 November 2014 MUMs was the topic of a Members' Debate in the Scottish Parliament. It is possible to watch the debate by following the attached link. www.nyasatimes.com/2015/01/20/jb-foundation-in-safe-motherhood-pact-with- area-23-clinic/

42. Charity Salima set up a maternity clinic from her home in area 23, a high density area where most people have difficulty in affording quality health care. The clinic provides women with quality care and special attention from someone they know and trust. Charity has delivered more than 4000 babies with no maternal or neonatal deaths. This is partly due to the positive relationship that she has built with Bwaila Hospital where complicated cases are referred.

43. Because of the overwhelming demand for her services operating from home became a challenge. With assistance from MUMS and other charitable organisations a clinic has been established.

44. The delegation was extremely impressed with the work that Charity is doing. The clinic is basic but spotlessly clean, well organised, stocked with essential medicine and offers a range of pre and post natal services including support for post-natal depression.

45. The delegation met mothers and children who had received care from Charity as well as mothers who had just given birth.

46. Charity herself is a positive, highly motivated, dedicated and inspirational woman and deserves the support she receives.

47. Finally, the delegation would like to acknowledge the contribution that the Scotland Malawi Partnership and the Malawi Scotland Partnership made in making this visit to Malawi a success. Dr Peter West OBE, Scottish Honorary Consul General met with the delegation before departure and provided a comprehensive briefing. David Hope-Jones, Principle Officer of the Scotland Malawi Partnership also provided excellent information to the delegation. David had recently returned from Malawi and provided an up to date account of the situation particularly in relation to the floods.

48. Mphatso M. Nguluwe, Director of Mphatso Nguluwe, Director of the Livingstonia Synod AIDS Programme (LISAP) drove from Mzuzu to Blantyre to meet the delegation. She explained about the importance of the Marriage, Divorce and

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Family Relations Bill to improve the situation for women, particularly young girls living in rural areas. LISAP coordinates the HIV & AIDS activities of the Church of Central Africa, Presbyterian (CCAP) Synod of Livingstonia and mobilises and empowers communities to initiate and sustain HIV & AIDS interventions.

49. Tracey Thomson, a Scot who has lived and worked in Malawi for over 14 years had just been elected as the new Chair of the Malawi Scotland Partnership Board. Tracey was able to share her considerable knowledge about Malawi with the delegation based on her own experiences. Tracey was directly involved in providing relief to villages in the south which were devastated by the floods.

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