This study was compiled as a working document in 2000 as part of International IDEA’s work on State of Democracy and Democracy Assessments. © International Institute for Democracy and Electoral Assistance 2000 International IDEA publications are independent of specific national or political interests. Views expressed in this publication do not necessarily represent the views of International IDEA, its Board or its Council members. Applications for permission to reproduce or translate all or any part of this publication should be made to: International IDEA SE -103 34 Stockholm Sweden www.idea.int International IDEA encourages dissemination of its work and will promptly respond to requests for permission to reproduce or translate its publications. DEMOCRACY REPORT FOR MALAWI Dr. Wiseman Chirwa Dr. Nandini Patel Dr. Fidelis Kanyongolo 1 INTRODUCTION Before colonization, the territory which is now Malawi was occupied by a wide range of social groups, each with its own arrangements for determining rights, regulating the accountability of those in power and a measure of popular participation. Yet these pre-colonial systems overlooked such social anomalies as prejudice against sections of the community such as women. Nor was there a compelling reason for equality before the law, judicial independence, secure human rights, regular elections, encouraging popular participation in governance or otherwise facilitating civil society. Hence, democratic elements were undoubtedly present in precolonial Malawian society but were outweighed by more undemocratic features. Colonial rule brought no fundamental improvement in the state of democracy, introducing undemocratic features of its own. The colonial constitutional arrangement was predicated on racial discrimination. Black 'natives' did not enjoy equality before the law or protection of their human rights. Despite being the overwhelming majority, they could not participate in choosing the government, and their few civil society organisations had limited influence on governance. Government was accountable to the British Colonial Office and not to the natives it governed. The elections of 1961 marked a watershed in Malawi or Nyasaland as it was known. The franchise was based on equality: all people voted, including the black majority. Other elements of democracy such as the guarantee of human rights and civil society remained undeveloped till Independence in 1964 and the adoption of the Independence Constitution. The new Constitution built on the achievements of 1961 to ensure a range of human rights, judicial independence and regular elections, and severed the symbolic colonial link of retaining the British monarch as head of state. These achievements were reversed in two years when Malawi became a republic. The 1966 Republican Constitution did not guarantee human rights, institutionalising instead one of Southern Africa's most undemocratic regimes under a Life Presidency. Sweeping powers enabled the appointment of an unlimited number of Members of Parliament, and establishment of a one-party state and a traditional court system with no independence. In practice, human rights were violated routinely, minorities had little legal protection, civil society and popular participation in the political process were virtually non-existent and state power was exercised by a largely unaccountable government. This system could not sustain itself indefinitely. By the early 1990s, the democratisation process gained a new lease of life. Malawian 'transition' as it has come to be known is a remarkable story of people making politics. Protests drew in students and workers, enabling the Opposition to seize the moment. Multiparty elections, a balance between legislature and executive, and judicial independence have been adopted as norms. The contribution of the urban elite stands out though some sectional disputes remained. The obverse of this heightened participation was a seeming rural indifference: older people recalled only that President Banda had led them to Independence, not his autocracy. This was reflected in under- registration of voters (3.8 million in 1994 to 4.7 million in the 1993 referendum), despite a lowering of the voting age. The popular demand for change was also regionally uneven, 2 a problem that bedevils politics to this day. But the 1999 election saw record registration and ballots cast of 5.1 and 4.8 million respectively. This sea change in visible politics was mirrored by a review of its constitutional form. In February 1994, a draft constitution was approved and adopted in May 1995. The unitary constitution is based on English common law. The President is head of state, and directly elected for a five-year term concurrently with the 193 members of the National Assembly. The President heads a cabinet, not all composed of elected legislators. The electoral process seems to be working though there are lingering questions such as constituency demarcation and vote-seat conversion, whose importance reflects other weakness, strengthening the impression that democracy has yet to acquire depth. Local government elections were eventually held on November 21, 2000, six years behind. This delay has caused political and institutional concern, including over the role of the Senate whose three-year term is concurrent and which is required to include some locally elected officials. There is a plethora of political parties, whose total claim to popular support is twice the population of Malawi and four times the electorate. Perhaps eight parties are significant entities and command a wide following. The process of democratisation appears to be as much about civil and political participation as about social and economic welfare and institutional maturation. On all these fronts there has been discernible movement. The 1990s witnessed a remarkable surge in civil society in unmistakable stages of development, but which in the end failed to act in concert with the state to pursue a socio-economic programme. The population labours heroically to make a living by scarce means; adult literacy is 57 % (42% for women), infant mortality is high, and nutritional indicators are subject to the harvest and vagaries of household income. Malawi is among the poorest and most foreign-indebted countries in the world, nine-tenths of all people making a living from low-productivity agriculture, yet has borne a protracted refugee burden from Mozambique. Less than half of GDP comes from agriculture, though the high-value segment of the sector provides 90% of exports. Industry accounts for 12% of GDP; a third is agro-based for export. In the decades since Independence, Malawi has partaken of the continent's sharp fluctuations in growth. In the manner of other subSaharan countries, it has had to reform its economy without much improvement of its meagre productive base. Acute inflation and stagnant peasant agriculture characterize the economy. Creating jobs, guaranteeing food, strengthening infrastructure for production, correcting maldistribution, and reining in prices are priority socio-economic tasks in this young democracy. 3 0.1 Preliminary Data (time-line): historical summary of main staging posts and setbacks to democratisation, with dates of events (Adopted from the APSO Country Briefing Manual, with modifications and additions) Early Years Bantu groups move into the area forcing others out 1600s & 1700s Africans’ initial contacts with Portuguese travellers 1859 David Livingstone, Scottish missionary and explorer, visits the Lake Nyasa (Malawi) region, notes the misery caused by the Arab slave traders. 1862 Universities Mission to Central Africa (Anglican) attempts to establish a mission 1875 Free Church of Scotland Livingstonia Mission arrives 1880s/1890s Colonial settler plantation economy develops in the Shire Highlands, southern part of the country 1891 British Central Africa Protectorate proclaimed Elliot Kamwana Chirwa, a Watch Tower preacher leads the first millenial (religious) protest against colonial rule 1912 The first Native Welfare Association is formed, engages the colonial government on matters of African welfare 1915 John Chilembwe uprising 1944 The Nyasaland African Congress, the first political party, is formed 1947/1949 Trade Unions are registered, marking emergence of organized labour movement 1953 Nyasaland becomes part of the Central Africa Federation of Rhodesia and Nyasaland. (Northern Rhodesia is not Zambia; Southern Rhodesia is not Zimbabwe). - Strike by plantation workers sparks off rural protest against colonial rule and the settler plantation economy 4 1958 Dr Hastings Kamuzu Banda returns to Nyasaland to lead the Congress Party. 1959 State of Emergency declared. Dr. Banda and other political leaders are detained. - Orton Chirwa finds and leads the Malawi Congress Party, which later becomes the ruling party. 1963 Self government achieved 6 July 1964 Independence Day, Dr Banda is the Prime Minister 1966 Malawi is declared a Republic within the Commonwealth. Dr Banda is the first President 1971 Dr Banda is made life President of the Republic of Malawi 1992 Catholic Bishops issue a pastoral letter critical of government Chakufwa Chihana, a trade unionist, challenges Dr Banda, calls for a referendum and is arrested for two years. University students and urban unorganized workers stage demonstrations and strikes, sparking off popular protest against the regime The Alliance for Democracy (AFORD) and the United Democratic Front (UDF) emerge as pressure groups, later register as opposition