‘HOMEBOY’ CHIEF JUSTICE TELLS PRESIDENT TO RESPECT HUMAN RIGHTS

In the past I have mentioned the problem that most Malawians have with the President’s habit of appointing his ‘homeboys’ to the top positions in Government. I am also critical of tribalistic and nepotistic practices. My criticism is of the President – not of the persons appointed. In fact, many of them are highly respected and well known figures who are perfectly capable of doing the jobs that they have been given.

One of those is Chief Justice Lovemore Munlo who has impeccable credentials most recently as an international jurist. He and President Mutharika both spoke at a ceremony yesterday, Wednesday, to mark the establishment of an African Court on Human and People's Rights. Munlo was outspoken in the presence of his ‘homeboy’ President when he adjured African Presidents to respect human rights and the rule of law.

Mutharika has spoken publicly about his determination to ignore the laws when they threaten to frustrate his nefarious intentions. Given the reluctance of other African institutions such as NEPAD, African Union and SADC to censure their own, it is not surprising that our President stated quite clearly and with an eye to his shaky future that the determined International Criminal Court (ICC) should not indict African Presidents but, instead, the new African court should be left to do its job. Clearly he expects that it will be as remiss in disciplining its own as other ineffective continental bodies.

My understanding is that the ICC acts only when national bodies fail to do so. I would expect, then, that the ICC would still act if it could be demonstrated that the African court is unwilling to act against incumbent or former presidents.

You have to be thick-skinned to be a politician anywhere in the world. Our President seems to be pachydermally blessed. A man who has so flagrantly breached our Constitution and who has demonstrated a complete disregard for the law, has the audacity to take part in a ceremony that can only draw attention to his failings and his crimes. This is the same man who has just released his book: From Poverty to Prosperity in which he advocates exactly the opposite of what he himself practices. Hypocrisy of the highest order!

We expect, in fact we do not doubt, that Chief Justice Munlo will be a defender of our rights and will ensure that his companion judges do likewise.

In the case of that other ‘homeboy’, Inspector General of Police Mukhito, we may as well give up hope. He is the slavish and obedient pet ‘poodle’ of Mutharika. Will he one day face the African court?

Shame on you, Mukhito, and shame on the whole of the Police Force. Are there none of you in that institution prepared to uphold the Constitution? It is time we held official criminals personally to account. With a little luck and some determination by African jurists, let us hope that the new African Court of Human and People's Rights will make justice sure and swift when national bodies fail us.

YOU'RE NO LONGER OUR VALENTINE, MR. PRESIDENT!

President Mutharika's statement at his party's recent Valentine Fundraising dinner illustrates why he is no longer our Valentine. The 2004 election was our engagement and all was sweet. 2009 was the wedding. Like many love-affairs it could not survive the marriage!
After two weeks of silence while the people and the economy of Malawi suffered due to the most severe shortage of fuel in the country's recent history, all that he could say - and that in direct contradiction of what his own minister had told us - was that it was due to congestion at all of the ports serving Malawi. These are the ports that we have been using for decades. Of course, the President has not done anything to make things sweet between us and our neighbours.  They are rather tired of being blamed for all our woes knowing full well that our Government is trying to shift the blame for its incompetence and broken policies.
It seems that he was stung into belated action by the news that Malawi's main Human Rights organisations plan to march on parliament in Lilongwe today, Valentine's Day. Instead of making a balanced assessment of the problem and stating what he and his government were doing to rectify things, as one would expect of a 'Professor' (albeit an honorary one) he set out to lecture Mavuto Bamusi, the principal co-ordinator of the protest. He also made unsubstantiated allegations against Bamusi in person stating that he was acting only to please the donors in order to obtain funding. It would have been better for his image had he maintained his protracted silence.
Mr. President, let me remind you once again that without the actions of the NGOs Bakili Muluzi would have become President for Life and you would have been a public nonentity. But power and position swell heads. It is obvious that you have lost touch with reality. Continue to live in your cloud cuckoo land where your every wish becomes a reality - in your dreams. All around us we see that your much lauded 'success' has been based on lies fed to you by sycophantic politicians and senior civil servants. For the sake of the future of this nation, and I say this as one old man to another, let us bequeath something better to our progeny. Wake up to reality and get on with the job that we elected you to do! Admit your mistakes. Llisten to your people.
It is 7 a.m., one hour before the demonstration is due to start in Lilongwe. I hear that the City Council have 'forbidden' the march. The City Council has no such power. Furthermore, they are illegitimate having been appointed and not elected as our Constitution demands.
Our Constitution gives us the right to assemble and demonstrate peacefully and unarmed. The High Court has frequently upheld this right. I hope that the demonstrators are prepared to march even though, I guess, that THE PRESIDENT'S Police FORCE (not our Police Service) will do all in its power to prevent it.

HUMANISTS PETITIONED PRESIDENT ON 'GAY' LAWS

In spite of the reasoned arguments from organisations, NGOs and donor governments, the Government of Malawi not only did not decriminalise consensual adult same sex acts they created a new offence by CRIMINALISING lesbian acts,

As Vice-Chairman of the Association for Secualr Humanism in Malawi I reproduce that letter here.

                The Association for Secular Humanism

                      P.O. Box 2340                   Tel /Cell:              + 265  88 8853150

                     Lilongwe                                        email:   georgethindwa@yahoo.com       

                              Malawi                                 secularmalawi@ymail.com

  ----------------------------------------------------------------------------------------------------------------------------

7^th December, 2010

                                

URGENT AND CONFIDENTIAL

His Excellency,

The State President of the Republic of Malawi,

Ngwazi Professor Bingu wa Mutharika

State House, Lilongwe

Your Excellency,

RE: CRIMINALISATION OF HOMOSEXUALITY ACTS IN THE PENAL CODE PASSED BY PARLIAMENT AND AWAITING PRESIDENTIAL CONSENT

We, Secular Humanists put life on this earth and the well-being of our fellow man at the centre of our lives. We promote a free-thinking spirit of enquiry, rejecting all dogma.

Knowledge grows as a result of free enquiry. New knowledge influences societal attitudes and promotes change as it spreads. The rejection of knowledge as a result of pre-held dogmatic beliefs is to be decried. As Sir W. Drummond said:  He that will not reason is a bigot; he that cannot reason is a fool; he that dares not reason is a slave.

It is bigotry that influences debate on homosexuality in Malawi. We believe that most of our fellow men are well-able to reason for themselves. Those who have the ability to reason but dare not because of the fear of condemnation, by faith groups in particular are, indeed, slaves to organizations that historically have often attempted to halt the advance of knowledge.

It is true that most Malawians, often prompted by ignorance and fear, currently claim to be disgusted at the thought of same sex relationships. A more tolerant attitude can only be encouraged by dissemination of the facts that have been revealed by recent discoveries in the fields of genetics, inter-uterine foetal development and exploratory scans of the sentient brain. It is a responsibility of Government to promote scientific research and critical thinking. This may be contrary to the wishes of various faith groups but Government must provide balanced leadership.

Your Excellency, we believe that you are capable of assessing the evidence and will have no fear of publicly accepting the inevitable outcome by refusing to approve of Parliament’s move to criminalize same sex relationships between consenting female adults and will subsequently initiate moves to decriminalize same-sex relationships between consenting adult males.

Homosexuality is not a lifestyle choice. Research indicates that it is a natural state that comes about by a mixture of genetics and development in the womb. The Royal College of Psychiatrists (2007) stated: “It would appear that sexual orientation is biological in nature, determined by a complex interplay of genetic factors and the early uterine environment.” Sexual orientation is therefore not a choice. Professor M. King of the University College of London states: The conclusion reached by scientists who have investigated the origins and stability of sexual orientation is that it is a human characteristic that is formed early in life, and is resistant to change. Scientific evidence on the origins of homosexuality is considered relevant to theological and social debate because it undermines suggestions that sexual orientation is a choice.

It is obvious from this that homosexual man has no more control over his attraction for his own sex than heterosexuals for the opposite sex. Sexual attraction is one of the strongest ‘forces’ in nature. It is no more sensible to expect a homosexual to practice celibacy than for heterosexuals. To punish anyone for following their own nature is unjust.

Homosexuals, by virtue of sexual orientation, constitute an identifiable group. As such, they are entitled to the protection under Section 20 of the Constitution which prohibits discrimination “.. under any law..”  on the grounds of  “…  other status.” Therefore, we consider that the existing law is discriminatory as is the law currently awaiting your consent.

Same-sex relationships are ‘crimes’ without victims. It is our belief that the law should not criminalize an activity that does no harm. We ask, also, what conviction and imprisonment is expected to achieve. It CANNOT change a person’s natural sexual orientation. It does not protect society since homosexuals are not intent on persuading heterosexual persons to change their sexual orientation and adopt a homosexual lifestyle.

Homosexuals do not pose a danger to society. Government should not be a slave to religious dogmas. Sir, you will notice that many known homosexuals are very talented and productive members of society. The performing arts are particularly blessed with their talents. They live and work in tolerant and understanding societies. They cause no damage. For example, you will have seen Anderson Cooper on CNN who hosts his own current affairs programme. He is homosexual. Would you want to imprison him if he lived in Malawi? Sir Elton John’s music has brought pleasure to millions. His touching performance at the funeral of Lady Diana is still remembered by many. He is ‘gay’. Would you want to imprison him in Malawi? Certainly, not. Then why would we want to imprison our own brothers and sisters who, by an accident of birth or early development, are different from the majority? Why should we expect them to live a lie and hide their true personalities from family and friends?

We entreat you to reject bigotry, follow reason and reject the slavery of the mind. In this way, Sir, you will have no difficulty in resisting the criminalization of ‘lesbian’ acts and will, we hope, promote the repeal of the current cruel and discriminatory laws and not to consent to the current revision on lesbian acts in the Penal Code. Our laws should also be in conformity with global trends so that Malawi does not become a focus on unnecessary ridicule.

Your faithfully

George Thindwa

Executive Director

Association for Secular Humanism

BINGU WA MUTHARIKA - THE PIGGY BANK ECONOMIST

We've got it all wrong. Whoever said that Bakili Muluzi is a political engineer, got it wrong. He completely destroyed the political party that was foremost in bringing multi-party democracy to Malawi - more like a car-breaker than a car-maker. Whoever said that Bingu wa Mutharika is an economic engineer, got it very badly wrong, as most of you may have concluded as you waste your precious time searching for and queuing for fuel.Come to think of it, it had to have been Bakili Muluzi himself who invented those two deceptive titles. As with many of Bakili's statements, we were fooled for a time but the truth always reveals itself to those not too blind to see, too deaf to hear or who have a selfish, sycophantic interest in perpetuating lies.

My thoughts turned back more than sixty years to the England of my childhood. In those days I could buy something for a penny and still get change. Parents who wanted to introduce their children to the saving habit would open a savings account at the Post Office and give their children a piggy bank. Most of you will have no idea what a piggy bank is, so I'll explain. We could not be running to the Post Office to deposit the occasional penny or two or even the occasional sixpence from a doting aunt with no children of her own to spoil. We had a piggy bank which, originally, was made of pottery in the shape of a pig (see image here) with a slit in the top to accept coins. There was no way of emptying this 'bank' except by smashing it. The idea was that by the time it was full there would be enough in total to make a worthwhile deposit in the bank.

Children who may have been in a hurry to open their piggy bank, perhaps with the expectation of having something decent to spend instead of save, may have been tempted to stuff it with worthless metal like old washers just to fool the parents and speed the process.

And here we are in Malawi with an Economic Engineer at the helm, lauded around the world for the miracles of growth that he has brought about, given the honorary title of Professor and hailed by the sychophants as our Saviour - Ngwazi No. 2. After giving the Professor our tax money and entrusting him with the donations from doting aunts (Amayi an'gono) the donors to stuff in his piggy bank, we were expecting great things. Bingu's piggy bank is now smashed and its contents revealed as worthless dross! This 'Economic Engineer' has been revealed as a Piggy Bank cheat. The lie of rapid GDP growth has been exposed. It was based on grossly inflated maize production figures.

MORE EFFORTS BY GOVERNMENT TO HIDE THE TRUTH:

In a previous post, "Maize surplus - what maize surplus? NSO hides the truth from Malawi" I gave a link to the Government's own report which substantiates this. Unfortunately, Government has chosen to Forbid Access. Try it for yourself:
http://www.nso.malawi.net/data_on_line.
To prove it, you can see screen shot of this website page here. I hope in subsequent posts to obtain facts and figures as to how this deception has distorted other areas of economic activity and planning.
Here's the full link to the actual report:
http://www.nso.malawi.net/data_on_line/agriculture/NACAL/Nacal%20Report.pdf.

But you can't find it there anymore because, surprise! Surprise!The pdf file has been damaged. Just as well that I made it available for all to read on:
http://www.yudu.com/item/details/284543/The-National-Census-of-Agriculture-and-Livestock--NACAL--2006-7---Malawi  

I have the pdf file. It is almost 1.5mb in size. If you would like a copy email me at bananajoemw@gmail.com and I will send it to you.

THE MAIN PROBLEM WITH BINGUNOMICS

The main problem with Bingunomics is his belief that a word from him can change the basics of economics. Malawians have been conditioned from the days of Dr. Banda to believe that the President is all-powerful. While things are going well Presidents and Governments will encourage the people to believe that they have been the benificent architects.When things go wrong, as now with the fuel/forex shortages, Government seeks to excuse itself and find the scapegoats which have recently and dangerously been the Mozambicans and foreigners. This has two negative consequences: worsening relations with Mozambique who we rely on to handle our imports and exports efficiently; reduced confidence by foreigners or non-indigenous Malawians in the Government's intentions. Malawi already has problems. It has not done enough, in spite of an ongoing World Bank sponsored programme, to make this country more friendly to business. Established businesses in Malawi and would-be foreign investors find this equally frustrating.

The forex shortage is the result of a high demand for that 'commodity'. The demand is twofold - for the necessities and for the desirables. It is no secret to Malawians that when tomatoes or any other commodity is in short supply, the prices increase. This is a natural rationing process dictated by the realities of the market - assuming, that is, that the market is not distorted by rigging or or monopolistic practices. When there is a shortage of cash in the home the controller of domestic finances has to decide on priorities - whether to spend on his beer, girl-friends (if he is a man) or on hair-care and beauty products (if she is a woman - and, perhaps in these days of gender equality, Toy Boys)  - OR the necessities for the family such as food, rent, water, electricity, clothing and whatever. The decisions of many millions of households feed back as demand to the many thousands of traders. They have to risk their own money on their best guesses of what demand will be. They are the ones who can react swiftly to changes in demand and changes in the rate of exchange. The efficient improve their businesses and the inefficient lose.

Under the free market conditions that our Constitution actually mandates, the market should dictate the cost of forex. If forex is in short supply it goes to those prepared to pay the most for it and, in line with changing exchange rate trends, the importer will decide whether he can expect to find enough customers for his goods at the new prices.

Governments want to protect the poor - a worthy but often misguided sentiment. If there is a forex shortage it is because the importers of 'desirables' can still afford to buy it and find a market for their goods. The importers of 'essentials' continue to import but have to 'fight' with the others for that scarce commodity - forex - which government through a subservient Reserve Bank continues to manipulate. In effect, the Reserve Bank now has to ration the forex which IT CANNOT DO EFFECTIVELY. In effect, imports are too cheap. 'Too cheap' not in the perception of the end user but in relation to the market value of the Kwacha. Can you imagine how the government would allocate 'permits' to buy tomatoes or how they could even resolve the conflicting claims for preferential treatment in times of tomato shortage?

We have been through all this before in the later stages of Dr. Banda's rule. Possession of an allocation of forex was like a licence to print money. Goods became scarce in the shops. Importers with good official connections could get hold of forex. In the end the poor customer always pays by way of price gouging, queuing, black marketeering or just good, plain old bribery.

We are seeing it already. Reports in the press say that vendors are selling petrol at as much as K500 per litre - almost double the pump price. Would it not be better for it to sell at K350 per litre if that reflected the true value of a now devalued Kwacha.When everything is readily available, albeit a new higher prices, the market has achieved some sort of equilibrium. Those with money will be able to buy according to their perceived priorities. Not only that, businesses will not be tempted to engage in enterprises that cannot be sustained through artificially maintained import prices.

THE ELEPHANT IN THE ROOM

Scary! The elephant in the room is fertiliser pricing. A massive rise in the price of fertiliser as a result of a large adjustment in the value of our Kwacha would cause much hardship - and reduce the chances of the political party of government being voted back into power. However, should Government keep out of the business of rationing forex, fluctuations in exchange rates would be expected to  change gradually at a pace to which buyers can easily adjust. Unfortunately, after the value of our currency has been artificially maintained at too high a level for too many years, when it is no longer sustainable (as would now appear to be the case) the change could be massive and disruptive - but not as disruptive and as damaging to the economy as permanent outages of fuel and other necessities.

THE MEDIA

It is unfortunate that the media cannot look further than its nose. It is buying into the idea that Government should impose forex rationing on the basis of priorities. Unfortunately, also, what Government prioritises may not accord with the buying requirements of the masses whose collective needs are agglomerated by thousands of traders who risk their own wealth in getting the market right.

LET'S DO AWAY WITH THE PIGGY BANK

We should not allocate all of the blame to the President. After all, he has to rely on his civil servants to keep him properly briefed. But we must blame him for  having a personality that may discourage the honest presentation of bad news. Can we blame the civil servants for lying if the truth, for which they are not to blame, results in Presidential displeasure and the end of a promising career? Shoot the messenger!

Mr President - keep out of the markets for maize, tobacco, cotton, fuel, forex and all. Make sure that your civil servants promote a system that encourages investment and growth. Make sure that they prevent monopolisation or rigging. Do away with the piggy bank that obscures the truth until it is too late. Let us have the truth - always!

Very importantly - remove the fuel import monopoly. Free the resale of fuel. Remove price controls. Let fuel importers and dealers negotiate credit terms with their suppliers. Other importers manage to achieve flexibility - why not fuel importers?

And - most importantly - remove exchange controls.
Don't ask us who has taken all the forex. Tell us.Give us names, proof, specifics. Or open the Reserve Bank books to public scrutiny.

MUTHARIKA'S ADVISOR ON CIVIL SOCIETY BLASTS NGO'S

THE CONSTITUTION - WHAT'S THAT? I'M HERE TO PLEASE MY BOSS

Both Bakili Muluzi and Bingu wa Mutharika on ascending to the Presidency swore on oath to uphold the Constitution - Muluzi on the Quran and Mutharika on the Bible. I wonder whether either of them ever read it. Certainly its contents do not seem to have caused them any cause to pause in doing whatever they think fit.

This careless attitude has affected their juniors. According to a report in the Sunday Times (Malawi) of January 30, 2011 under the heading "Government rebuffs gays", the Presidential Advisor on Civil Society, Bessie Chirambo, made a statement to the effect that Government will never accept same sex relationships because it goes against Malawi's traditions, religious beliefs and is unnatural. For 'traditions' I think we can read 'culture'. Whenever anyone wants to put a stop to critical thinking and reason the two old backstops of religion and culture are brought into play.

We will leave aside for the moment the question of homosexuality. Chirambo displays either ignorance of or disdain for the Constitution of Malawi. There is no one Malawi culture, there is no single set of traditions, there are numerous religions from Cha Makolo (the REAL African tradition!) through Christianity, Islam, Hinduism, Ba'hais to Scientology (all 'non-traditional' African). While I have no doubt that she has clearly echoed the President's stand on this matter she is wrong to think that she can speak for all cultures and all religions. I wonder if that is part of her remit. Is she even authorised to make statements on Goivernment policy. Gvernment already has an official spokesperson. She should note that the Constitution and the Laws of Malawi are not based on any particular culture or set of religious beliefs amongst which there is no unanimity of belief. The Constitution is based firmly on universal concepts of human rights. But what does she care for human rights. She has to take her cue from her political master. Or perhaps she is just intolerant, misunderstood her function and lost her temper!

Culture is not static. It is dynamic. What she may consider to be her culture probably differs greatly from what her grandparents thought of as their culture. It is the nature of man that the fading, ageing generations decry the younger, growing generations for not adhering to traditional values. It is the nature of man - to change from generation to generation.

The Constitution of Malawi accepts that there are many cultures. Perhaps the 'gay' life-style is a culture - although I have not put that to any of my gay aquaintances and they may not thank me for suggesting it. Let us just accept that an intolerant and ignorant society forces them to develop an underground sub-culture.

Mama Chirambo, get yourself a copy of the Constitution. Study it and let it guide your thoughts and actions. We fought for a participatory democracy. We are all equal in value to you and the President. We are his and your employers.We did not employ you to preach to us!

Here is what Section 26 of the Constitution says:

"Every person shall have the right to use the language and to participate in the cultural life of his or her choice"

Section 33 says:

"Every person has the right to freedom of conscience, religion, belief and thought, and to academic freedom"

It is quite clear, therefore, that no one in authority has the right to assume that their own idea of religion and their own idea of culture should predominate or that others should be constrained by them.

Religion and culture are INVALID ARGUMENTS!

Furthermore, under section 34 of the Constitution, any person has the right to freedom of opinions and to hold, receive or impart opinions. The opinions of those she castigates are just as valid as those she herself holds, or those held by the President. She should not be annoyed when civil society insists that they remain free to express them (Section 35). They have every right to expect that the President and Government respect those opinions even when they disagree.

When the President appoints someone to liaise with any particular section of society as he has done with faith groups and now, obviously, with civil society, one would think that such a person would be schooled in the finer points of public relations. Unfortunately, Ms. Chirambo appears to think that it is her job to castigate them. Certainly her reactions to civil society's pricipled stand on homosexuality and the recent criminalisation of same-sex relationship between women would indicate that she is not professionally qualified in this field. Her attitude will not build bridges between civil society and the President. There is already an almost unbridgeable gap that she will only widen.

Ms. Chirambo should not forget that it was the determination and actions of civil society to defend the Constitution that prevented Bakili Muluzi from becoming President for Life. Without us there was absolutely no chance that Mutharika would have been voted into office. How many votes did he receive when he stood as President on his own without Bakili's efforts to get him in  at all costs?

If the President is serious about dialogue with civil society then he needs to replace her.