HRCC statement on 2009 Malawi general elections

The HRCC considers the 2009 election successful although challenges were not absent. We note through a majority of official results so far released by the EC at the National Results Center (in Blantyre) that the DPP has taken the lead while the MCP/UDF coalition and other players have made a gallant and commendable fight. The HRCC would like to congratulate all Malawians for a successful presidential and parliamentary election. The elections mark the moment of triumph for all the people and importantly signifies that all people have won and that steps towards the consolidation of a people-centered democracy are steady and sure. HRCC strongly believes that the people have spoken; a social contract has been established between the successful candidates and all the citizens. HRCC also wishes to commend candidates who have displayed true statesmanship by accepting the results. Such tolerance and bravery is critical to the nurturing of our democracy.

For the next 5 years, HRCC expects the newly formed Government to deliver the promises and make development but also good governance accessible by all Malawians. Elections have come and gone but all of us still remain Malawians regardless of political wins or losses suffered. As we congratulate the successful candidates, we urge that development and good governance should be felt by people of all political shades and opinions. In our immediate analysis, HRCC observes a gradual shift of political emphasis from personalities to development where politics is not an end in itself but a means to satisfying popular developmental interests. However, HRCC expects that meaningful development will take root if good governance and respect for the rule of law will be permanently built into all development and political processes.

HRCC observes a shifting trend where the next parliament is likely to have a majority on the Government side. This will be a total contrast to the composition of the previous parliament. This also means that Malawi parliament is likely to be characterized with a weak opposition at least in terms of numerical strength. As HRCC and civil society we expect the next parliament to make good use of the Government majority status since it is possible to be abused with political obsessed that can potentially put the numerical advantage away from issues of national interest.

Malawians need to be commended for turning out in large numbers to vote.. HRCC therefore urges that such a gesture should not be taken for granted and the next government and parliament should always respect the people with equal enthusiasm. The composition of parliament and of the next government merely reflects the will of the people and HRCC calls upon political processes to respect interests of citizens. We have a role to safeguard against parliamentary autocracy by promoting parliamentary democracy and accountability. In the same vein, HRCC calls upon the next parliament and government to prioritize unfinished business from the previous parliament. Such unfinished businesses and priority measures include:

Convening parliament whose agenda should properly balance development with governance issues: Parliament and its committees should be properly funded and should meet regularly, and that encroachment of petty party politicking and bickering should not be part of the agenda. The parliamentary secretariat should also be spared from unnecessary politics and staff should be given the requisite space for professionalism.

Put in place a non-appeasement, professional and merit based cabinet with a reasonable size.

Debating and pass the 2009/2010 budget: HRCC also calls upon presentation of a summary expenditure report on funding of the elections

Reviewing the Communications Act and turn MBC and TVM into politically non-biased and professional media houses that serve interests of all Malawians. Another related priority is passing of the Access to Information Act.

Pursue parliamentary reforms, take parliament to the people and ensure better working relationship between the clerk of parliament, the speaker, and all MPs

Conclusion and adoption of the Constitutional Review report: This may also help to resolve challenges related to current electoral laws

Other priority parliamentary business issues include the Electricity Interconnection bill, the Child Protection, Police Bill, Prison Bill, National Registration Bill, the Penal Code and others.

The Electoral Commission (EC) faced several challenges in the run up to the polls. These include the problems with the voters roll which also borrowed from challenges encountered during the voter registration. HRCC noted that the EC also faced logistical bottlenecks especially in management of election materials like printing and transportation of ballot papers. We further observe that other players too had own challenges including some political parties who had challenges with candidates partly on account of intra-party democracy shortfalls during the primary elections. NGOs also encountered deficiencies in provision of civic and voter education partly on account of delayed and inadequate funding.

However, HRCC recommends that it is now time to move ahead, learn lessons from the current challenges, and, after reflecting on the 2009 processes, take time to start preparations for by-elections and next general elections. HRCC also calls upon all players to look ahead and start working out modalities on the long-outstanding local government elections. Political parties and other political institutions should also start revamping their structures to make the next elections even more competitive and democratic. As for NGOs, we at HRCC encourage them to consider civic education as a continuous process and not to be shelved until the next elections. This is the time to unmask and implement the in-between-the-ballot efforts.

God Bless Malawi and Keep It a Land of Peace.