Safeguarding civic space, strengthening democracy

The Malawi Civic Space Dialogue held from August 23 to 24 in Lilongwe brought together an array of stakeholders, including the judiciary, civil society, government officials, and legal experts.

Organised by the Africa Judges and Jurists Forum, Youth and Society (YAS) and the Malawi Judiciary, the event sought to address pressing challenges in civic space and to foster an environment of inclusive and accountable governance in Malawi.

In his opening address, YAS executive director Charles Kajoloweka said civic space is the foundation of constitutional democracy.

“Civic space,” he remarked, “is the arena where individuals and groups can organise, express themselves and participate in public affairs. It is the space where the voices of the people are heard, where government accountability is demanded, and where public decision-making is influenced by the collective will of the citizenry.”

Kajoloweka emphasised that while Malawi has made significant strides in enacting laws and policies to protect civic space, the journey is far from complete.

He pointed to the global challenges of digital transformation and the rise of artificial intelligence (AI) as both opportunities and risks that need careful management.

“These advancements present opportunities for greater participation and engagement,” he noted, “but they also introduce new risks that, if not carefully managed, could undermine the very rights we seek to protect.”

The dialogue provided a platform for participants to reflect on Malawi’s progress in entrenching and promoting civic space.

The Judiciary, often hailed as a model for upholding the rule of law and human rights, was recognised for its instrumental role in safeguarding civic space-related rights, including freedom of expression, freedom of association, and freedom of assembly.

However, the discussions also highlighted the challenges that persist.

The rapid pace of technological change, coupled with emerging threats to cyber security, presents a complex landscape for maintaining an open civic space. The need for a balanced approach that ensures security without infringing on human rights was a key theme throughout the dialogue.

Information Minister Moses Kunkuyu set the tone for the dialogue, emphasising the government’s recognition of the need for legal reforms to address growing concerns about civic freedoms.

“The government is committed to revisiting the NGO Act and the Electronic Transactions and Cyber Security Act of 2016,” he announced, receiving nods of approval from the audience. “These laws must evolve with our society and ensure they protect, rather than hinder, the freedoms they were designed to uphold.”

Government’s commitment is particularly poignant as it came at a time when civil society organisations in Malawi have raised alarms over the increasing restrictions on freedom of expression, assembly and association.

In his remarks, Chief Justice Rizine Mzikamanda stated that the thriving of civic space is a collective responsibility.

“A thriving civic space will invariably be a result of combined efforts of a range of actors, including governments, public institutions and civil society,” he stated. “The rules that govern the space tend to be fluid at times, and some disagreements on those rules put pressure or limitations on civic space, rather than maintaining open space for the enhancement of democratic gains.”

Mzikamanda acknowledged the contributions of the Judiciary in upholding civic space but stressed the need for continued collaboration among all stakeholders. The dialogue, he pointed out, was a testament to Malawi’s commitment to deepening democracy, and the event itself served as an example for other countries in the region.

United Nations Resident Representative Rebecca Adda- Dontoh highlighted the importance of international cooperation in strengthening Malawi’s democratic institutions.

“The world is watching Malawi,” she said. “Your commitment to civic space is not just a national issue; it’s a global one. When you protect civic space, you’re upholding the universal values of human rights and democracy that the United Nations stands for.”

Adda-Dontoh underscored the importance of transparency and accountability in governance.

She said the international community stands ready to support the country in its journey to safeguard civic space.

“We are here to support you, to work with you, and to ensure that the voice of every Malawian is heard and respected,” she affirmed. “But this requires more than just rhetoric; it demands action and concrete steps towards a more open and inclusive society.”

Throughout the two-day dialogue, participants engaged in robust discussions on the challenges facing Malawi’s civic space, including threats to freedom of expression, assembly, and association.

Civil society leaders, legal experts and government officials shared insights on how to navigate these challenges and proposed strategies to strengthen the legal and institutional frameworks that protect civic rights.

One of the key outcomes of the dialogue was a consensus on the need for greater public awareness and participation in the legislative process.

“We must bring the people into the conversation,” said one civil society leader. “Our laws must reflect the will and needs of the people, and that can only happen if they are actively involved in the process.” The Malawi Civic Space Dialogue has set the stage for a renewed commitment to safeguarding the democratic gains that the nation has worked so hard to achieve. As Malawi continues to navigate the challenges of the 21st century, the lessons from this dialogue will be crucial in ensuring that its civic space remains open, inclusive, and resilient