Network faults APM on gender

An analysis by the NGO Gender Coordination Network (GCN)found that President Peter Mutharika did not comply with the Gender Equality Act of 2013 when making appointments to 25 out of 28 parastatal boards that the network sampled since 2016. Our News Analyst Archibald Kasakura engaged executive secretary for Malawi Human Rights Commission (MHRC) David Nungu, on this and other matters. Excerpts:

What picture is the survey giving us with regard to compliance with the Gender Equality Act?  

It is the Commission’s duty, given under the Gender Equality Act, Section 9 (2) to monitor and evaluate the policies and practices of Government Organs, Government Agencies and Public Bodies and the private sector in order to ensure gender equality and make recommendations that the Commission deems necessary.  So far, the Commission has not yet made an assessment, pursuant to this responsibility, to ascertain the findings by the NGO-GCN. This notwithstanding, the results of the survey by the NGO-GCN, if true, would clearly denote ‘failure by the State to ensure progressive realization ofgender equality’. According to the Gender Equality Act, ‘an appointingauthority shall appoint not less than 40 percent and not more than 60 percentof either sex in any department in the public service’. The survey results,therefore, may suggest non-compliance with the Gender Equality Act.Specifically, the appointments would be discriminating against the female sex.

Are there enough instruments or mechanisms for ensuring that the appointing authority plays ball according to legal dictates? 

The Gender Equality Act gives the Commission a duty to collaborate with the Minister in establishing mechanisms aimed at progressively realising gender equality and also to develop working relationships with civil society organisations, non-governmental organisations (NGOs) and other partners, including international partners, for protecting and promoting gender issues, including gender equality. In line with this, the Commission and the ministry responsible for gender a year ago organised joint monitoring missions whose proceeds were shared in plenary sessions for various stakeholders, including non-state actors. There is need for more of such monitoring missions. Further, the Commission established a Gender Equality Committee, comprising various stakeholders, including non-state actors that also draw membership from the NGO-GCN. The Commission would, therefore, commend the NGO-GCN for carrying out this survey. It must also the noted that Government, through the Department of Human Resource Management and Development (DHRMD) has worked out additional ministerial mechanisms for ensuring gender equality.  The Commission is hopeful that these mechanisms would contribute to the eventual progressive realization of gender equality envisaged under the Gender Equality ACT.

Nevertheless, the Commission notes that these mechanisms are not enough and, therefore, purposes to effectively engage the minister, in line with its duty under the Gender Equality Act, in order to give more practical relevance to the Act. Prior to this engagement, the Commission will carry out a thorough investigation of appointments and recruitment in all the public service and also the private sector and prepare a policy brief which would inform engagement with the minster and all other authorities.  While the Commission is mandated to carry out investigation on its own accord, the Commission would be motivated by the various petitions and complaints it has so far received regarding gender inequalities in the appointments into especially public service.

After the Cabinet reshuffle, various stakeholdersexpressed concern that there were women, do you think that can change anything?

Of course, accordingto section 2, the Act applies toall persons and all matters and that it binds government. Again, section 3 addresses both the appointing and recruiting authorities as public offices where power to appoint or recruitany person lies. The Commission, therefore, trust that with continuous monitoring and engagement with and advice provided to Government, at all levels, including presidency, this trend would, indeed, be reversed, leading tothe progressive realization gender equality. In this case, the Commission would appeal for more of engagement than confrontation. Where this recourse may not work, the Act provides for yet another mechanism—litigation through the court system.

MHRC has a legal mandate to ensure compliance—where are you losing it?

Indeed, the act gives the Commission wide powers, duties and responsibilities. It also gives the duty to the Ministry responsive for gender to create awareness among the people and authorities on the provisions of the Act. It must be noted that the Act came into force only in 2013, just before the elections in 2014. There is need for patience as we expect fruits (that is progressive realisation of gender equality) to come from its enforcement.  It must also be noted that while the Commission was given additional responsibilities under the Gender Equality Act and also Access to Information Act, it still has severe financial and human resource constraints. This has also limited its participation in the 50-50 Campaign championed by non-state actors as its was, for whatever reasons, excluded form the financing available for this important campaign.  

In view of the said challenges, the Commission can only count on the partnerships it would develop with the non-state actors. This, therefore, becomes the priority of the Commission in 2019.

Meanwhile, as we gotowards the 2019 tripartite elections, the Commission is calling upon allpolitical parties to ensure gender balance in the identification of candidates.In addition, the Commission is calling upon all stakeholders to give violencefree political space to especially female candidates to participate in theelectoral processes as either candidates or electors. All appointing andrecruiting authorities are requested to ensure 40/60 in their appointments orrecruitment. Any person that feels aggrieved in the recruitment or appointmentprocess is encouraged to complain to the Commission.