MHRC joins fight against NGO Act ‘draconic’ provisions
Malawi Human Rights Commission (MHRC) has engaged the United Nations (UN) to pressure the government to repeal recently introduced NGO Act provisions.
Among others, the new provisions impose mandatory registration on non-governmental organisations, heavy fines and prison sentences for non-compliance.
MHRC further opposes declaration of non-partisan political interests which is prescribed under Section 23(v) of the Act.
In a report filed to the UN Committee on Economic, Social and Cultural Rights, the commission describes the sections as “draconian” a “threat to freedom of association” and could “potentially stifle further the already shrinking civic and democratic space.”
On mandatory registration with the State-controlled Non-Governmental Organisations Regulatory Authority (Ngora) formerly NGO Board, the new Section 20 (1) of the 2022 NGO Act states: “An organisation shall not operate as an NGO in Malawi unless the organisation is registered under this Act”.
The commission condemns the requirement as “not only a violation of the Constitution of the Republic of Malawi (Section 32) but also Article 22 of the International Covenant on Civil and Political Rights which Malawi is party to.”
The referred Section 32 of the Constitution points out that “every person shall have the right to freedom of association, which shall include the freedom to form associations.”
The Act has increased fines for non-compliance with its provisions from K50 000 to K5 million in Section 34 and K25 000 to K1 million in Section 35.
MHRC argues that “instead of acting as a deterrent to any potential errant NGOs these fines would restrict the right of individuals to form associations and operate them freely.”
The declaration of non-partisan provided for in Section 23(v) of the Act prohibits “electioneering and politicking” by the NGOs. The commission fears the provision might be abused.
“The absence of a clear definition of what constitutes electioneering and politicking might be abused to target those NGOs or individuals who are involved in the good governance and civil, political, and socio-economic rights protection and promotion,” MHRC writes.
The State-run commission lists 15 organisations that it consulted before filing the report to the United Nations. They include Catholic Development Commission, Centre for Environmental Policy and Advocacy, Civil Society Agricultural Network and Habitat for Humanity Malawi.
When contacted for comment on Thursday, Ngora chief executive officer Voice Mhone responded: “This will be handled and answered by the Ministry of Justice.”
Ministry of Justice spokesperson Pirirani Masanjala has not yet responded to our questionnaire, having asked for more time.
A critic of the amended law, Youth and Society executive director Charles Kajoloweka has commended MHRC for pursuing the matter.
“In fact, the provisions undermine the gains we have made as a country since the dawn of multi-party democracy,” he said.
The amended NGO Bill, which came to light seven years ago, attracted stiff opposition from civil society organisations, some of which obtained an injunction restraining Parliament from debating it in 2018.
