Southern Africa Human Rights Round-up
The Southern Africa Human Rights Roundup is a weekly column aimed at highlighting important human rights news in Southern Africa. It integrates efforts of human rights defenders and facilitates evidence-based engagement with key stakeholders, and institutions on the human rights situation across the region. The weekly roundup is a collaboration between the Southern Africa Human Rights Defenders Network (SAHRDN) and Maverick Citizen
Civil society leader Timothy Mtambo, now the Minister of Civic Education and National Unity in Malawi, explains how civic activism defeated the authoritarian regime of president Mutharika and created a foundation for building a durable and strong democracy. His recipe for social mobilisation has lessons for citizens of many other countries in Africa who are living under the yoke of oppression and authoritarian rule.
Far too many people in Africa are yearning for change and opportunity and unfortunately denied by those who govern them. A system of dictatorship can take its toll on ordinary people and create a sense of siege and helplessness with no clear pathway to freedom.
In the words of our own Africa liberation icon, Nelson Rolihlahla Mandela, “it looks impossible until it happens”.
Starting with the end in mind
In May 2019 when the Malawi Electoral Commission (MEC) announced election results that were not credible and the international observer teams endorsed what we Malawians were seeing as fatally flawed electoral processes, we knew immediately that the fate of Malawi was largely in the hands of ordinary Malawians. It is a truism that every country’s fate is largely in the hands of its own people. However people are paralysed by fear because of the ruthlessness of autocratic regimes.
As leaders of Malawi civil society we realised that without an independent, impartial and effective electoral commission, open civic space, effective civic engagement and participation and political reforms, that elections in Malawi were chronologically compliant meaningless rituals with no substantive value to ordinary people of Malawi.
We were determined to change that when we formed the Malawi Human Rights Defenders Coalition (HRDC) in December 2017.We wanted to put the agency for accountable governance back to ordinary Malawians. Free, fair and credible elections were central to governmental legitimacy, important for implementing the social contract. But without MEC institutional reform, free and fair elections were a pipe dream. Yet we also knew that MEC reform would not be possible without people agency and power. Every generation has a mandate that it must achieve or betray. Our generational mandate was clear and we were not prepared for anything to stop us.
First things first – People power: Giving Malawians back their collective voice
As a human rights activist, leading the HRDC, we chose to mobilise and give the people of Malawi their voice. Thousands of people bravely took to the streets on a regular basis to peacefully campaign against bad and corrupt governance including the 2019 election. We declared 2020 the year of mass protests. We actively and consistently called for the resignation of the chairperson of the MEC, Jane Ansah, and the holding of fresh elections. The message was simple, clear, and unambiguous. The demonstrations ranged from organised large-scale marches to smaller spontaneous outbursts. Teachers, sanitation workers, truck drivers, airline staff, students, lecturers, churches took to the streets. It was unprecedented.
Some of the most notable demonstrations that changed the democratic terrain include the demonstrations for resignation of MEC Chair Jane Ansah; the anti-bribery march to defend judicial independence; demonstrations for nullification of elections results of 2019; 16 January 2020 MEC reform Jane Ansah resignation Lilongwe demonstration; demonstrations to use chains to lock MEC offices, demonstrations for investigations of sexual assault and rape allegations against the police in Msundwe.
Mutharika’s reaction and the battle for the independence of institutions of democracy
President Mutharika tried various tricks to try to delay the elections. This included refusing to assent to the Electoral Reforms Bill that had already been passed by parliament, trying to get Members of Parliament to change the date of the elections and refusing to fire the then MEC chairperson, Jane Ansah and her team of commissioners who were found incompetent by the courts.
Once it became clear that the HRDC leadership had mobilised ordinary Malawians to take agency for accountable governance into their own hands, Mutharika became paranoid and started constricting civic space and persecuting human rights defenders.
The law became weaponised. Arbitrary arrests and detentions of HRDC leaders became commonplace.
At a personal level I was arrested and experienced direct threats to my life and that of my wife and children, cyberbullying, character assassination, arson attacks and shooting incidents. My children were threatened at school and in social media messages. One such nasty posting encouraged people to mass-rape my wife on sight. I was forced, with the support of the Southern African Human Rights Defenders Network, to evacuate my family to safety in order to tackle the dictatorship bare knuckled.
Israeli agents were conscripted into the state house with sinister motives to either rig elections or harm civil society leaders, human rights defenders and legitimate political opponents. I wonder till today how much Malawi paid to the Israelis to frustrate our democratic growth.
Deployment of Democratic Progressive Party (DPP) cadres to spread fear and disrupt civil society meetings became commonplace. With HRDC and later Citizens for Transformation Movement (CFT), we mobilised more people to build a critical mass of courageous citizens who had passed the threshold of fear. In one instance, despite having security personnel with us, we were still attacked in the city of Mzuzu by 20 DPP cadres who pelted our convoy with stones.
We were very grateful that the Malawi Defence Forces were extremely professional and protected everyone, the protesters and the DPP cadres, and filled a critical gap in national security that arose as a result of the total loss of support and confidence in the police force by the Malawi people following their ready acceptance of being co-opted as a militia to protect the interests of president Mutharika.
The HRDC took an uncompromising demand that the MEC needed reform, in particular resignation of the MEC Chair as a precondition for free, fair and credible elections. Mutharika resisted this until the very last minute when in May 2020 under relentless HRDC-led civil society pressure, the MEC Chair resigned forcing the president to reluctantly appoint a new commission just 2 weeks before elections. According to a blog from Oxfam, Chifundo Kachale, the new MEC Chair, “brilliantly navigated a combination of political and logistical obstacles, despite only taking over two weeks before the election”.
As he realised that power was slowly but surely slipping away from him, an increasingly paranoid Mutharika turned into vandalising state institutions and behaving like an absolute monarch. In the run up to his predictable electoral defeat he started to rule almost by decree. In a spectacular period of less than two weeks, he fired his entire cabinet including a minister who was less than 2 weeks old in office; he fired the army commander Ndundwe; he fired the police commissioner. All the fired senior government officials were replaced by his cronies and relatives.
I was so terrified that the moves by Mutharika to summarily dismiss respected army generals would trigger instability in the army and also cause the army to lose its professionalism and be used to attack civilians as happens in other jurisdictions. We had meetings with the army and thankfully they remained professional and insistent on carrying out their mandate of protecting everyone in Malawi without fear or favour.
I would emphasize the role of a professional, disciplined and well trained army in the protection of participatory democracy. This distinguishes Malawi from many countries where the army is deployed to harm or even kill unarmed civilians and thwart democratic growth of our societies.
In his last days Mutharika converted the courts and judicial arena as a battle front in his insatiable quest for power retention.
He went after Chief Justice Nyirenda trying to force him into early retirement but this was resisted by the HRDC, the Association of Magistrates and the Law Society of Malawi, and in a quite unprecedented way by the Chief Justices of the whole region under the auspices of the Southern Africa Chief Justices Forum (SACJF).
Despite his background as a former professor of law, Mutharika tried to put a knife into separation of powers by addressing parliament suggesting that in Malawi we did not have separation of powers but parliamentary superiority over the judiciary. The judiciary had really angered him by the decisions they made especially of nullifying the 2019 elections.
Happily the judiciary survived and again as a result of the resilience of civil society represented by the HRDC to fight for and claim the independence of their institutions, we now have a judiciary that is more independent than at any other time in the history of Malawi.
Citizens of SADC and indeed the AU must fight for and defend the independence of their judiciaries and election management bodies so that they are not co opted by the authoritarian regimes to be instruments at the hands of oppression.
Covid-19 measures as a political weapon
Like other despots around the world, Mutharika tried to use the Covid-19 pandemic to stifle dissent and prolong his stay in power. The HRDC challenged this approach in the streets through protests and in the courts through strategic litigation. The Covid-19 measures Mutharika was trying to impose were to be implemented by his cronies who aimed to milk national resources for political objectives.
This irregularity coupled with lack of safety nets for the socioeconomic effects on ordinary people left the HRDC with no option but to successfully challenge Mutharika’s announcement of a lockdown in the courts. Protests erupted in informal settlements, and in small towns and trading centers — all places predominantly made up of people working in the informal economy. Nurses and doctors embarked on go-slows and sit-ins, while the civil servants’ union also announced plans for a general strike in response to this and other issues such as corruption, the rising cost of living and drug shortages.
These different aspects of Malawian civil society worked together to safeguard the democratic process despite the opportunity Covid-19 offered for Mutharika to undermine our democratic process that would culminate in elections. Thankfully, while Covid-19 posed a real and significant threat to both the public health of Malawians and to our democracy, elections were held and the rest is history.
In the end a government was elected that has strong legitimacy stands better prospects of getting people’s active and conscious cooperation in a sustainable fight against Covid-19.
From the terraces to the theatre: Entering the quasi-political zone
Back in April 2020, upon the realisation that the Mutharika regime could not be shaken by human rights activism alone, and in a bid to encourage widespread participation and directly influence the democratic process, I decided to establish a politically oriented peoples movement comprised of vibrant young men and women who were determined to be governed better and actively announce their preferred political choices.
We announced the formation of a movement called Citizens for Transformation Movement (CFT), a people powered movement that was the first of its kind in Malawi. It was a new approach founded on “the values of human rights, peaceful co-existence, rule of law, active and patriotic citizenship in pressing for inclusive social, political and economic transformation and a prosperous future for all Malawians”.
Faced with and bearing the brunt of authoritarian practices of president Mutharika, we endorsed the candidature of Dr Lazarus Chakwera and his running mate Dr Saulos Chilima and actively and publicly conscientised citizens of our views holding large meetings covering the width and breadth of Malawi.
Our philosophy as the CFT peoples movement was that we did not want to govern, but we wanted to be governed better.
This is an important philosophy for African people still suffering from the yoke of oppression by their own post-independent governments. A demand for accountable governance is indeed a legitimate demand to be governed better. It is not a demand to govern neither does it necessarily amount to a choice of any specific political party being in power. It is about constitutionalism. With this philosophy, electoral choices become easy. People’s movements actively associate with political formations that demonstrably promise better accountable governance. This is a post independence generational mandate that must be fulfilled if Africa is to be better.
Human rights as a people movement and election issue
The CFT people’s movement elevated human rights as an election issue in Malawi. We spoke against gross human violations and inequalities and became the voice of the voiceless. We spoke against the targeted attacks on people with albinism who had experienced ritual killings and yet the government had done little to either bring perpetrators to book or to protect them. We spoke on behalf of the women from Msundwe area in Lilongwe who were openly abused and raped by police officers but never got justice. All these issues, including dwindling educational standards, high unemployment levels, lack of quality healthcare and drugs and health personnel in hospitals resonated with the people’s day to day struggles.
People’s movement and defending the vote
Due to Covid-19, we did not have international election observers. This left everyone in Malawi in no doubt that the responsibility to protect the vote resided in Malawians. This was especially so when confidence in the efficacy and utility value of international observation was in question given that in both Malawi and Kenya, international observers seemed to certify faulty elections as free, fair and credible only for domestic courts to overturn such elections.
Come Election Day, the people demonstrated a strong will to guard and defend their vote. Activists, civil servants, university lecturers and bankers were deployed to polling stations across the country to observe and to guard the vote.
This effort was complemented by informal patrols established by community leaders, composed predominantly of young men, who kept watch for any unusual activity in their areas. They fed information about suspicious people or vehicles to social media, and also informed units from the Malawi Defence Force, which was also deployed on Election Day. These informal patrols resulted in the arrest of several individuals allegedly carrying bundles of cash to bribe election monitors, and handed them over to the police in areas such as Nkhotakota, Salima and Rumphi districts.
Ultimately fresh presidential elections were held on 23 June 2020, following the annulment of last year’s elections first by the Constitutional Court and later upheld by the Supreme Court, citing serious irregularities. This was the second time on the continent and the first in the Southern Africa region where an African Court overturned a presidential election and called for a fresh election. The first was in Kenya in 2017, but saw the opposition boycotting the rerun election.
The Malawi Congress Party led the Tonse Alliance (meaning “all of us” in the local Chichewa language) of nine opposition political parties and Dr Lazarus Chakwera, won the elections by 58.5% of the votes against President Peter Mutharika’s 39.4%. The voter turnout was 64.8%.
To many Malawians this was the dawn of a new era.
Impact of people power acknowledged
This ‘people power’ as reiterated by Nic Cheeseman, a professor and African politics expert at the University of Birmingham, and Golden Matonga, a Malawian award-winning journalist, significantly increased pressure on key democratic institutions and those working within them.
Afrobarometer’s Director of Surveys also echoed this:
“Malawi was soon swept up in one of the most encouraging political revolutions to hit Africa in the last two decades — the rise of the activist generation. Indeed, an Afrobarometer survey at the time found that there was strong opposition to any attempt to subvert the democratic process, with 68 percent of its citizens believing that the opposition parties were justified in filing their case.
“Nine months later, in February 2020, bolstered by its people, Malawi’s supreme court mandated fresh elections … The courts have really stood up to defend democracy, but so [has] civil society.”
The fact that a coordinated opposition, protesters in the streets and independent judges in Malawi’s high courts sufficiently safeguarded Malawi’s democracy, cannot be overemphasized.
Indeed, Malawians should be commended for adopting a “home-grown ownership” of this election process.
Looking into the future with cautious optimism
As Malawians thronged the streets celebrating and dancing, and as the new President was sworn in, it was indeed a breath of fresh air.
As Dr Chakwera began forming his government and the realisation that I had been selected as one of the Ministers in his Cabinet, I sat down and reflected on the journey. A journey that saw blood, sweat and tears. A journey that had seen Malawians hit the streets demonstrating against the government more than any other time in the history of the country.
Today I find myself as Minister in a new ministry of Civic Education and National Unity. This is a perfect challenge for me. As someone who was being accused of being a terrorist and of bringing chaos in the country by former President Mutharika, now I find myself at the centre of promoting national unity.
I am again reminded of Mandela’s words that it looks impossible until it happens. I sign off by sharing in solidarity with the oppressed people of Africa what Frederick Douglass said: “Power concedes nothing without a demand. It never did and it never will. The limits of tyrants are prescribed by the endurance of those whom they oppress.”
Timothy Mtambo is the Commander in Chief of the CFT People Power Movement and the Minister of Civic Education and National Unity in Malawi.