Freedom in the World 1998 - Malawi

1998 Scores

Status: Free
Freedom Rating: 2.5
Civil Liberties: 3
Political Rights: 2

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Malawi receives a downward trend arrow due to increased state harassment of oppositionists and the media.

Overview

Presidential and legislative elections scheduled for June 1999 will be contested vigorously, but in an uncertain environment of civil unrest, increasing attacks on media, dubious electoral preparations, rising criminality, and a deteriorating economy. President Bakili Muluzi and his ruling United Democratic Front (UDF) are expected to take full advantage of their incumbency against a divided opposition.

The three main parties contesting power mostly represent narrow regional and ethnic bases. Muluzi's southern-based UDF, however, has found some new support through patronage. The former ruling Malawi Congress Party (MCP), with its strong base in central Malawi, is the principle opposition party. The third-largest party, the Alliance for Democracy (AFORD), is almost entirely confined to northern Malawi. Complicating the ethnic mix are apparently politically motivated efforts to raise tensions between the country's 75 percent Christian majority and the approximately 12 percent of Malawians who are Muslim.

President (later "President for Life") Hastings Kamuzu Banda ruled Malawi for nearly three decades after the country gained independence from Britain in 1963. Banda exercised dictatorial and often eccentric rule through the Malawi Congress Party (MCP) and its paramilitary youth wing, the Malawi Young Pioneers. Facing a domestic economic crisis and strong international pressure, he accepted a referendum approving multiparty rule in 1993.

In 1994, Muluzi won the presidency in an election beset by irregularities, but seen as largely free and fair. The army's violent December 1993 dispersal of the Young Pioneers helped clear the way for the polls. As many as 2,000 Banda loyalists fled to neighboring Mozambique. In July, Malawi's army chief claimed that former Pioneers were receiving guerrilla training there by the Mozambican Renamo opposition. Allegations of governmental corruption persist.

Political Rights and Civil Liberties

In May 1994, the president and members of the National Assembly won five-year terms in Malawi's first generally free and fair multiparty elections. The MCP and AFORD hold 54 and 33 seats, respectively, in the 177-seat parliament. Suffrage is universal except for serving members of the military. Vote-buying and other abuses in elections since 1994 have prompted concerns that the 1999 polls will be less than free and fair. Significant problems in voter registration and electoral rolls and increased media repression have been reported.

The May 1995 constitution provides strong protection for fundamental freedoms, but critics argue that it allows excessive presidential power and does not sufficiently safeguard women's and children's rights. If enabled, a new human rights commission could reverse the slow deterioration of the human rights situation. Rights of free expression and free assembly are generally respected, but police continue to use unprovoked violence to disperse strikers. Many human rights and other nongovernmental organizations operate openly and without interference. Religious freedom is respected.

The judiciary has demonstrated broad independence in its decisions, but due process is not always respected by an overburdened court system that lacks resources and training. There are no reported political prisoners in Malawi, but arrests or suits on apparently political grounds have increased. Police brutality is still said to be common. Appalling prison conditions lead to many deaths, including among pretrial detainees.

Malawi's broadcast media remains largely under state control and government influence. The independent print media suffered a rash of violent attacks and official repression during the year. The state-owned Malawi Broadcasting Corporation controls television and most radio service, which reaches a larger audience. The few licensed private radio stations are owned by allies of the government or restricted to religious broadcasting, although a few development-oriented community radio stations have been authorized. The government has used libel and other laws to harass journalists. In January, soldiers raided the offices of the Daily Times after it published news of AIDS in the military. The government withdrew all official advertising from the newspaper and its sister weekly, Malawi News, thereby driving them toward bankruptcy. In August, an editor and reporter from the National Agenda were badly assaulted. In September, the editor of the weekly New Vision was hospitalized after being beaten by police for refusing to reveal sources.

Despite equal protection of the law under the 1995 constitution, customary practices maintain de facto discrimination against women in education, employment, and business. Traditional rural structures deny women inheritance and property rights, and violence against women is reportedly routine.

The right to form unions is constitutionally guaranteed. The right to strike is legally protected, with notice and mediation requirements for workers in essential services. Unions are active, but face harassment and occasional violence during strikes. Collective bargaining is widely practiced, but not specifically protected by law.

Although the country's economy took a sharp plunge in 1998, privatization programs continued, and the IMF and World Bank provided new funding. A reduced crop due to drought will hurt many Malawians, the vast majority of whom rely on subsistence farming.