Wednesday, October 24, 2007

NEED FOR CONCERTED EFFORTS IN MIGRATION MANAGEMENT

By Eunice Chipangula

Migration management has always been the bone of contention in countries in the region as well as internationally. Migration in itself is not a problem, but a phenomenon as old as history. As the trends indicate, it is likely to increase in future and this calls for strategies to regulate or govern it and not how to stop it.
Migration becomes a contentious issue particularly when it comes to labour matters. Migrants have in one way or another been viewed as a threat by the host society in terms of competition in accessing jobs and other social amenities or as criminals or terrorists. This is so because irregular (illegal) migration has generally been bringing about problems such as undermining of respect of national sovereignty, the integrity of borders, legal channels of border crossing and the rights of states to determine who will enter their territory or not; lack of respect for the rule of law; trafficking and human smuggling across borders and widespread corruption at borders and amongst enforcement agents whereby migrants obtain false documentation or pay bribes in order to avoid arrest and deportation.
Other problems include exploitation by employers of vulnerable migrants who are afraid of reporting violations of their rights to authorities; undermining of labour legislation since irregular migrants are used to undercut local workers and collective agreements and growing hostility and resentment towards migrants leading to violence against them, including those who are legally in a country such as refugees.
This has therefore exposed migrants to various forms of abuse, exploitation through forced labour, constraints on acquired rights of social security and their portability, discrimination and xenophobia. The most affected have always been women migrants in irregular status and trafficked persons.
Many governments in the SADC region have therefore been viewing migration as a significant and growing problem in the region. However, after a careful analysis of the issue, the International Labour Organisation (ILO) and the international community now see migration as a positive factor provided it is regulated well. The AU/EU joint declaration ministerial meeting made in Tripoli in 2006 on migration and development argues that “well managed migration is of benefit to both Africa and the EU and can help with the achievement of Millennium Development Goals in the area of labour migration”. It focuses on brain drain, its consequences and possibilities for mitigation and that migrants human rights be respected and promoted.
In view of globalization and other international trends, the benefits migration has brought to countries of migrant origin and destination cannot be ignored. In countries of origin, migration has in some instances reduced pressures on labour markets in labour surplus countries; brought in some returns in the form of skills, savings, social capital and investments; mobilization of transnational communities through investments overseas; transfer of skills and technology and has helped but not solved the problem of decent work deficits and lack of development.
In destination countries, migration has helped to tackle population decline and ageing; supported social security and welfare systems; addressed labour shortages; promoted entrepreneurship and therefore growth; promoted cultural and social diversity and contributed to fiscal systems.
It is also a well known fact that despite such benefits to both countries of origin and destination, there have been challenges. Treatment and protection of migrant workers leaves a lot to be desired, brain drain from developing countries especially health care drain, brain waste (lack of qualification recognition), growth of irregular migration, poor integration of migrants in host societies and poor governance of migration have been the other side of the coin of migration.
On the overall respect for migrant rights is essential for ensuring and sharing the benefits from migration.
“Current migration policies in many countries favour skilled at the expense of low skilled workers leading to serious brain drain for developing countries, channeling a substantial number to irregular economy, dramatic increase in trafficking and smuggling of human beings and preventing development benefits to the poor”, a senior migration specialist at the ILO office in Geneva, Piyasin Wickramasekara observes.
It is in this context that ILO approaches labour migration as a labour market and decent work issue through its work with labour ministries internationally, by encouraging a tripartite (government, employer, worker involvement) approach in migration issues, rights based approach and pioneered international instruments, multilateral framework on labour migration in 2006 and international cooperation.
The ILO 2004 resolution on migrant workers and the multilateral framework on labour migration provides a criteria for a sound and credible labour migration policy regime as one consistent with protection of rights of migrant workers in line with international instruments; based on recognition of mutual benefits; in line with labour market needs and expanding avenues for regular/ legal migration, building a public consensus on need for migrant workers. It is also based on circulation and mobility friendly migration policies; bilateral, regional and international cooperation; according greater role for social partners and civil society; decent work for migrants and facilitating migration by choice and not by need. In general, ILO is advocating for unilateralism, bilateralism and multilateralism when it comes to managing labour migration issues. Unilateralism through the establishment of national migration legislations and regulations within states, bilateralism through formal or informal bilateral labour agreements between origin and destination states of migrants and multilateralism through regional protocols and other international instruments on migration and labour signed and ratified by states.
Within the Sadc region, all countries have their own national immigration/migration legislation and regulations. The majority of the laws on immigration use an integrated system to grant permission for temporary employment, where the regulation of a person’s right to enter and reside in the country is combined with the right to work. Sometimes, persons who are granted a temporary residence permit for a purpose other than employment may also be granted permission to work. But generally, most Sadc countries explicitly take into account the effect of expatriate employment on domestic workers either directly through the consideration of domestic employment as a factor in the decision to grant the work permit or indirectly through a requirement of diligent search/advertisement for local workers.
Therefore in terms of regional efforts, Mr Arnold Chitambo, a Senior Official at the SADC Secretariat says there is need for Sadc to put in place policies, frameworks, legal instruments and structures to effectively manage migration.
“Sadc must move quickly to ensure ratification of the protocol on the facilitation of movement of persons in Sadc. It is also important to implement the directive of Sadc ministers of labour and social partners issued recently to develop a specific protocol on employment and labour which will contain issues of migration,” he says.
He also points out the need to seriously look at harmonization of policies to reduce inconsistencies as Sadc member states handle/manage issues of migration. “Collaboration in areas of brain drain, brain waste and remittances will ensure successful regional integration”, he says.
A representative of Sadc Employers groups John Mufukare from Zimbabwe says labour migration policies must be based on sound economic policies in view of the challenges brought about by each country’s economic status.
On his part, a government representative from Namibia Christian Horn says to ensure sustainable development in the region and positive contribution from migration, integrated policies on labour migration must be put in place in the region.
Workers representative from Swaziland Jan Sithole says migrants must be recognized as economic generators and taxpayers by treating them with dignity and regularizing their status and rights.
The bottom line here is therefore that a lot needs to be done in terms of harmonization of national policies, legislations within and among states if the region and the world are to effectively manage migration and reap benefits for both migrants and states that will result into successful integration. Since cross-border labour migration is one of the most visible forms of migration, it requires significant attention within and between states in the region. Regional structures, mechanisms need to be put in place to manage or regulate labour migration between member states through a joint collaborative regional initiative or bilateral and multilateral arrangements.
It is a well known fact that all states in the region have laws, policies and regulation that pertain to labour and migration separately. However, no states have any significant laws, policies and legislation that pertain to labour migration. There is therefore need for such significant laws, policies and regulations on labour migration.
The Sadc region and the world over need more and better migration policies- not more and better controls and policing.

CIVIC EDUCATION AND LAW ENFORCEMENT KEY TO THE FIGHT AGAINST SEXUAL HARRASMMENT AND GENDER INEQUALITY

By EUNICE CHIPANGULA

Efforts by countries like Malawi to put in place legal provisions against sexual harassment will not be in themselves a means to an end of such acts. The law itself will not end such acts but its popularisation, sensitization and enforcement. The law’s enforcement will just act as a fallback position for cases. People in Malawi need to know what sexual harassment is and this can be achieved through mounting massive civic education, with the youth being the targets. Attention needs to be made on the young ones on educating them on gender equality issues and what the law says so that they begin to see each other as equals and not sexual objects and later on begin to live the law as part of their new culture. Decision makers also need to be targeted if we are to inculcate in them that the issues they understand as being normal regarding men and women were socially constructed but need to be changed. It is in this context that a recommendation to introduce legal provisions in Malawi in the Gender Equality Act which is in the pipeline to define sexual harassment as a gender problem and criminally prohibit it has been applauded by women in Malawi.
One of the gender activists, Bertha Sefu says she is very happy with the recommendation since she believes it will bring sanity in the workplace and the society in general if there is proper enforcement.
“The proposal is welcome. However, putting in place mechanisms or legal provisions is one thing but enforcing it is another. If there is proper enforcement women would be much happier since if it is not there, it will do more harm than good to complainants socially, emotionally and psychologically”, Sefu said.
The Malawi society has been heavily affected with sexual harassment especially in the workplace which is somehow aggravated by culture and tradition, rendering it to be viewed as a normal or traditional thing not as a crime.
“I believe this law will bring sanity in the Malawi society if all the players dealing with enforcement understand the issue of sexual harassment and its effects on individuals and their future. This will in the end render the law effective and restore the dignity of women. If enforcement cannot be done properly then it will be equally as the same not to have the laws in place”, Sefu observed.
The enactment will therefore just be a just a step into the right direction. However, proper action through implementation and popularizing the law needs to follow.
Pastor Constance Nsapato of the Oasis of the Lord Church said women deserves to be treated with dignity if the nation is to prove that it is indeed God fearing. She however said laws were made for people because of sin and it is very important that efforts be undertaken for people get the message of the law the same way the message of salvation is put across. “The Church is one of the biggest players in these efforts because most people respect their churches. Talking to them about the law and applying issues of the badness of sexual harassment together with biblical principles will greatly help in changing our society”, she observed.
One may ask why this development being mostly applauded by women. Sexual harassment which falls within the realms of sexual discrimination as a manifestation of an imbalance in power relations and likely to occur in the workplace as well as on other fiduciary relation raises gender questions since it is mostly women who are subjected to it due to power imbalances between men and women.
There is a further proposal to allow civil claims on sexual harassment cases; to oblige employers of more than five people to develop mechanisms for dealing with sexual harassment and regulate compliance mechanisms on sexual harassment. The workplace has seen most of the violations when it comes to issues of promotions, access to resources and women enjoying rights which are enjoyed by men of the same job. This has greatly affected their development over the years and participation in decisions for the country.
The Gender related Law Reform Commission says research has established that the Malawi society still violates the dignity of women on the basis of their sex, marital status or gender in a number of forms.
“Despite the Malawi Constitution providing that the dignity of all persons shall be inviolable; there is serious violation of dignity in the country with a lot of acts that negatively affect the worthiness of a woman,” it observed.
The Commission said that the violations are in relation to sexual harassment, domestic violence, deprivation of property, censorship and classification entertainment and women in political dances.
“Dignity being a crosscutting issue, the negative acts affect women’s participation in development, lowers their self esteem to make informed decisions about their lives and in the end their well being is compromised,” the Commission said.
It is therefore important to inculcate a change of traditional or cultural views that negatively affect women. When carrying out such efforts, the media being one of the main language forming institutions that carries and perpetuates issues of gender inequality in our society needs to be sensitized too since findings have not spared the media as it has been found that it is grossly violating women’s dignity through its products.
“Certain programmes and songs aired on radios and television are degrading to women. The Communications Act which currently highlights the general obligation of broadcasters not to broadcast any material that is indecent, obscene or offensive to public morals needs to be reviewed for it to be specific in addressing negative portrayals of women. In addition, the Malawi Communications Regulatory Authority (MACRA) should enforce the regulations of the Communications Act to ensure that broadcast products affirm women, men and children rather than violating their dignity,” the Commission noted.
In relation to the print media, we count on the recently resurrected Media Council of Malawi that it will be firm in ensuring that newspapers abide by their professional ethics especially by desisting from publishing cartoons that depict women and ascribe them to activities that portray them as immoral objects for sexual pleasure.
It is however sad that despite the Censorship and Control of Entertainment Act being reviewed in 2001, it remains unenacted. This can act as a setback. In support of the Commissions observation on that its lack of enactment is retrogressive, government should look into its enactment and the incorporation into the Gender Equality Act a specific legal provision that will enshrine the protection of all persons dignity in the print media, prohibition of gender stereotyping and criminal deterrent and not punitive measures of violation of dignity in the print media. Massive civic education of gender issues, understanding of such issues and enforcement of genderrelated laws by all players will in the end ensure that people begin to live the law and in turn it will become part and parcel of their new culture

Monday, October 22, 2007

THE GENDER FACE OF LABOUR MIGRATION- URGENT NEED TO ENGENDER LABOUR MIGRATION POLICIES

By Eunice Chipangula

In view of globalization, migration is likely to increase in future, so too the need to come up with a comprehensive labour market information system and put in place policies to regulate or govern it. The International Labour Organisation (ILO) observes that with the increasing informality in the labour market, there is need for countries to have up to date data and put in place such policies as social protection to ensure the respect and promotion of rights of migrant workers. One such area that cannot be ignored when coming up with such information system and policies is the most vulnerable category of migrant workers that includes women, young workers and low income workers. These are either self-employed, in small and micro enterprises, in social/community services, transport, construction, agriculture, temporary, domestic and housework. Unfortunately the gender dimensions of migration have been largely ignored in Southern Africa. Judica Amir-Makhetha of the ILO office in Pretoria says gender issues need to be mainstreamed in the migration debate so that gender equality can be promoted through gender responsive policies.
“There is stereotyping and failure of accurate representation of migration issues pertaining to both men and women. The stereotypical face of migration in the SADC region is male (miners), the language used is male biased, there is lack of enough data for gender analysis and lack of understanding masculinity in the context of migrant work”, Ms Makhetha observed at the recent Labour administrators capacity building workshop on migration organized by ILO in Botswana.
Putting in place such policies will therefore ensure that the benefits of migration are maximized since such benefits will depend on the conditions of work and the protection of rights of these migrants.
According to the information from the UN population division, as of 2005, almost half of the 191million total migrants were women. The motivation behind their migration has been a search for better opportunities for decent work; famine, natural disasters; violent confli8ct or persecution; voluntary or forced migration including trafficking, international and internal displacement due to wars and conflict. Despite the effects migration has to both men and women, the extent of the effects on them is different. This is so because the gender element in this migration phenomenon is related to motivation to move, the migration processes itself, the condition migrants find on their arrival in the country of destination and that left behind in countries of origin. Research has confirmed that internationally, men are more mobile than women and it is women who are more often left behind; men’s migration is undertaken more independently than that by women who always think of who they have left behind; men’s migration is more often than not linked directly to access to employment; men move further and to a wider range of destinations and that women are disadvantaged by male out migration. In addition, migrant women have fewer employment opportunities than migrant men in destination labour markets; men migrate across a wide range of ages whereas female migrants tend to be young; and women maintain more enduring social and economic links between areas of origin and destination. Although statistics for the SADC region indicate that males predominate in cross border migration, the feminization trend of labour migration has seen a shift in reasons for women’s migration with more and more women becoming independent labour migrants. In 2001, it was established that more women in southern Africa migrated for the purpose of informal trading, shopping and visiting family and friends. They often see migration mainly as a strategy to allow them offer better living conditions to their families, whether in the country of origin or destination. In addition, the labour market is highly stratified by gender and provides very different in incentives and opportunities for labour migration by males and females. For instance, in the region, 99 percent of mine workers are male. There is no equivalent employment sector for women in which there is comparable ease for entry.
When it comes to discrimination, gender based norms and socio-cultural factors limit women’s economic opportunities, relegating women to low, semi-skilled and exploitable labour. This has been worsened with the transglobalisation of economies that has created a labour demand in low paying service sectors of developed economies. In addition, sex disaggregated labour markets continue to contribute to the increase of discriminative labour markets in countries of destination. This in the end leaves women migrants in unregulated sectors such as domestic work, farms and the sex industry. Women migrants are less likely to be awarded rights and possibilities for regular migrant status as compared to males since most legal channels of migration offer such opportunities to typically male dominated sectors. Again, as migrants, women get pushed into illegal channels or unprotected informal sector where exploitation and poor working conditions characterized with lack of information to protect themselves against offences and crimes is the order of the day. Worse still, migration policies and regulations for admission and entry currently in force advantage men than women.
It is in the context outlined that generally, women migrants are disadvantaged and more prone to abuse, exploitation than men and thereby heavily affected by the HIV and Aids pandemic. These issues must therefore be brought to the attention of policy makers in the region urgently to avoid aggravating social inequalities in the labour market.
The gender dimension of labour migration therefore needs to be fully explored to ensure adequate information and a comprehensive analysis on the ground. This will then inform the process of engendering migration policies and regulations so that gender responsive programmes in labour migration are undertaken.

Wednesday, September 26, 2007

No excuse for abuse!

The struggle to get domestic violence legislation passed to help protect women and children is daunting. Only a handful of countries in the Southern African Development Community (SADC) have specific Domestic Violence Acts in place. These include Malawi, Mauritius, South Africa, Namibia and Seychelles.

The recently assented Prevention of Domestic Violence Act in Malawi has important aspects like orders for protection, occupancy and tenancy. It also gives powers to the police to enter homes and apprehend the culprits if there is domestic violence. It provides for payment of fines as high as K1 million ($7,500) and custodial sentences for culprits, depending on the gravity of the abuse.

Marital rape, psychological torture and economic abuse are also incorporated. This is commendable since it will also help protect the more vulnerable parties from HIV. It also provides for counseling for both perpetrators and victims in Malawi.
Like all gender-based violence, domestic abuse has physical, social and economic dimensions. Social pressures and lack of economic empowerment make it difficult for women to leave abusive relationships. Even within families, abuse is a secret.

When people are beating or killing each other in a home, nobody is supposed to interfere, no matter the consequences. If somebody tries to intervene, then it’s seen as trespassing!

Is this a joke or part of moral decay? One wonders where morality in Southern Africa is going, a region that at one time boasted of richness in and respect for tradition.

Many strange things are happening in our homes but we keep on behaving as if everything is normal. How did such a thing as violence in our homes become normal, something dismissed as ‘one of those things’?

With this attitude, are we not encouraging this kind of behaviour? As parents, we need to ask ourselves about the future of our children. What will their homes/families be like? Are we going to marry them off to abusive husbands/wives and pretend all will be well?

Domestic violence cases have been on the increase in the region with victims rendered helpless due to lack of proper legal mechanisms to address the problems. Should we just sit and watch as if nothing serious is happening, pretending all is well?

We should be extremely worried today as mothers and fathers for the future. We need to be proactive to promote family values and that marriage should not lose its value. Yes, that it should be enjoyable and harmonious.

It is in this context that we need to salute the steps taken by civil society, working in collaboration with governments, to address this issue by enacting prevention of domestic violence bills.

It is pleasing to note that the laws enacted to stop domestic violence in some countries give direction for legal redress if there is violence in homes. They protect everybody in the home regardless of sex or age. They are there as a deterrent and not a punishment.

What about other countries in the region who have not yet enacted this law? Do you condone these acts? Time has come for the region to take stock of itself and do something.

The next challenge for countries with legislation in place is implementation. Let’s learn from history and work on notable problems. So many cases have gone unreported due to ignorance, tradition and poverty, among other issues in our society.

We appeal to governments who haven’t yet enacted prevention of domestic violence laws to do so quickly and those that have to put their money where their mouth is. We are tired of hearing stories of defilement of three months old babies or parents marrying their own children! Your action today, peaceful homes tomorrow!!

MORE GENDER SENSITIVE POLICIES REQUIRED IN THE MALAWI EDUCATION SECTOR-LAW COMMISSION

By EUNICE CHIPANGULA

The government of Malawi has been asked to put in place measures towards the elimination of gender disparities and discrimination against women in education.

The Gender Related Law Reform Commission on the Development of Gender Equality Statute said there are a number of challenges affecting women and girls in the education sector which have contributed to their high illiteracy levels.

“Illiteracy rates of women are quite high in Malawi. Within the age group of 20-24 years, the illiteracy rate of girls is 19 per cent against 9 per cent of boys while for the age group of 65 years and above, 70 per cent of women against 38 percent of men,” the Commission disclosed.

It attributed this to problems of retaining children especially the girl child in schools, limited access of girls to school places due to inadequate boarding facilities and learning and financial resources and culture of discriminating against the girl child, among others.

“Government needs to increase enrolment and improve retention of girls in primary, secondary, technical and tertiary education, increase access to opportunity and the award of grants, scholarships and bursaries, conduct gender sensitization at all levels and address matters relating to curriculum development and gender,” the Commission emphasized.

It said currently, there are stereotypes that perpetuate discrimination in text books and syllabus, no specific topic that equip the girl child, women and boys with relevant life skills and sex education and lack of environmental management subjects at all level of curricula.

The Commission said these have to be addressed if Malawi is to have well educated women and girls who will be able to make informed decisions make meaningful contributions towards development.

SCOPE OF LEGALISING ABORTION IN MALAWI

By Eunice Chipangula

Malawi is intending to reform its law on the termination of pregnancy by broadening the medical indications which will allow legal termination of pregnancy. This is in line with international instruments which Malawi subscribes to and the national Reproductive Health policy presently being implemented through the Reproductive Health Programme.

The international instruments among other things emphasize sexual and reproductive health rights of women and the right of women to control fertility as fundamental to their empowerment while the Reproductive Health Programme among other things seeks to improve safe maternal health care, to achieve quality family planning, to promote adolescent reproductive health services and the prevention and management of unsafe abortions.

“The proposal for law reform does not advocate the legalization of abortion but only calls for the enlargement of the medical indications to recognize circumstances in which continuing a pregnancy may affect a woman’s health. This shall include mental or physical health as well as in circumstances where a woman has been raped or is a victim of incest, among other issues,” the Commission clarified.

It said that the law shall be consistent with the recommendations made by the Programme of Action adopted at one of the gender conferences in 1994 that stated that ‘in no case should abortion be promoted as a method of family planning.’

The Commission disclosed that currently, there is evidence that women including adolescents in Malawi undergo backstreet abortions which account for 60 per cent of all gynaecological admissions in the country.

It observed that unsafe abortion impacts on women’s reproductive health rights and the recommendation would be one way of domesticating relevant instruments that promote women’s sexual and reproductive health rights.

“This will conform to the recommendation of Convention on the Elimination of Discrimination Against Women (CEDAW) that there should not be contradiction between existing laws and the constitution and will help Malawi achieve sustainable development by having a healthy nation,” the Commission observed.

Malawi’s 1995 Republican Constitution provides for adequate health care for all which means that for women, they should be provided with health care that responds to their health needs while the penal code permits abortion only to the extent that it is necessary for the preservation of a pregnant woman’s life. Abortion that is administered or procured on any other ground is a felony. But Malawi’s Reproductive Health Policy of 1992 is limited to the provision for the management and prevention of unsafe abortion. In a related development, the Commission has recommended the introduction of parternity leave in the Employment Act which shall apply only when the spouse is on maternity leave. “The proposal shall govern such leave for men in formal employment”, the Commission said.

MALAWI TO ADOPT THE LEGISLATIVE QUOTA BASED SYSTEM TO ACHIEVE GENDER EQUALITY IN POLITICS AND PUBLIC LIFE

By EUNICE CHIPANGULA

The Malawi Gender Related Law Reform Commission on the Development of a Gender Equality Statute has recommended that Malawi employs the legislative quota based system as an affirmative action strategy in order to level the playing field for both men and women’s participation in politics and public life.
“While noting some of the negative perceptions of the system resolved that Malawi’s current gender imbalance scenario merits the adoption of this strategy since one can speak of quality representation only after the playing field has been leveled,” the Commission observed.
The Commission also recommended an inbuilt sunset clause to enforce review after a specific period besides ensuring meritocratic considerations such as qualifications, relevance and experience, to allay fears of a reversal in discrimination against men.
It therefore said after conducting research, it has established that the legislative quota based system can only apply to the electoral process, political parties, public service appointments and not traditional leadership, religious communities and the private sector spheres.
In its presentation of preliminary findings on the review of gender related laws to the public, the Commission observed that the participation of women in politics and public life in Malawi still remains very low despite the country being a signatory to various international instruments and having in place national policies that are aimed at promoting gender equality.
“The Commission however acknowledges the political will which is there in the drive to promote the visibility of women in public life as evidenced by the recent appointments of qualified and capable females to the positions of Attorney General, Deputy Governor of the Reserve Bank of Malawi, Clerk of Parliament and Deputy Speaker of Parliament among others,’’ it said .
Women in Malawi constitute 52 per cent of the total 12 million Malawi population. However, recent statistics indicate that there are 6 women cabinet ministers out of a total of 37, 9 female chairpersons of parastatal organizations out of 47 and only 4 of 27 judges of the High Court and Supreme Court are women.
In the public sector, from the super scale grade (P8 to above), there are 338 women against 1416 men in the Civil Service, 23 females against 104 males in the police service, 24 females against 54 males in the Judiciary, 25 males against 8 females in the Law Commission while in the Office of the Director of Public Procurement there are 2 females against 12 males. Men therefore continue to dominate the public domain in Malawi.
The Commission said these statistics clearly indicate that a lot needs to be done in Malawi to ensure that the playing field is leveled so that there is full participation of all segments of society, women in particular, in affairs that directly affect their livelihoods. “The legislative quota system was therefore considered as ideal but as expressed in percentage terms that neither gender should occupy more than 60 per cent and no less than 40 per cent in all public appointments”, it stated.
The Commission said the implication is that relevant legislation should provide for at least 40 percent of women candidates in parliamentary and local government electoral contents. It therefore pointed out the need to amend the Presidential and Parliamentary Act to reorient the existing First Past the Post electoral system which is ill-suited to the implementation of the legislative quota system.
On political parties, the Commission recommended the introduction of a binding regulation to commit them to ensuring that they put at least 40 percent of female candidates in an election. It observed that this however requires an amendment of the Political Parties Registration Act 1993 with a properly worked out regime of sanctions for non-compliance.
On public service appointments, the Commission recommended that its quotas be embedded within the Gender Equality Act so that they provide indicative guidelines to the appointing authorities in filling public positions in recognition of the merits of women and the obstacles that prevent them from competing on an equal footing with men.
In relation to Religious Communities, the Commission said research indicates that the Gender Equality Act will not apply to the regulation of internal affairs of religious communities since they are best regulated by their respective doctrines and creeds. It said women who feel aggrieved in this sphere could simply leave that particular religious grouping.
On traditional leadership, the Commission resolved to impress on the government to explore ways and means in which traditional leadership institutions can be engendered and the possibility of legislating traditional leadership structures in a gender sensitive manner.
For the Private Sector, the Commission observed that with the shrinking of the sector following rightsizing reforms to promote efficiency and effectiveness, the sector should not be subjected to the quota system but instead the government should explore policy measures of encouraging it to engender its activities.
These findings coupled with input from the general public, will lead to the development of a gender equality statute in Malawi.

MALAWI TO ADDRESS SEXUAL HARRASSMENT THROUGH LAW ENACTMENT

By EUNICE CHIPANGULA

A recommendation has been made in Malawi to introduce legal provisions in the Gender Equality Act which is in the pipeline to define sexual harassment as a gender problem and criminally prohibit it. There is a further proposal to allow civil claims on sexual harassment cases; to oblige employers of more than five people to develop mechanisms for dealing with sexual harassment and regulate compliance mechanisms on sexual harassment. The Gender related Law Reform Commission says research has established that the Malawi society still violates the dignity of women on the basis of their sex, marital status or gender in a number of forms. “Despite the Malawi Constitution providing that the dignity of all persons shall be inviolable; there is serious violation of dignity in the country with a lot of acts that negatively affect the worthiness of a woman,” it observed.
The Commission said that the violations are in relation to sexual harassment, domestic violence, deprivation of property, censorship and classification entertainment and women in political dances.
“Dignity being a crosscutting issue, the negative acts affect women’s participation in development, lowers their self esteem to make informed decisions about their lives and in the end their well being is compromised,” the Commission said. It however said issues to address such areas as domestic violence and right to property have already been provided for in another proposed Bill of the Wills and Inheritance (Deceased) and the Prevention of Domestic Violence Act. The Commission said sexual harassment which falls within the realms of sexual discrimination as a manifestation of an imbalance in power relations and likely to occur in the workplace as well as on other fiduciary relation raises gender questions since it is mostly women who are subjected to it due to power imbalances between men and women. It therefore said it is important that a law be enacted to address this. The Commission also said its findings did not spare the media which it said is grossly violating women’s dignity through its products. “Certain programmes and songs aired on radios and television are degrading to women,” the Commission noted
It was therefore recommended that the Communications Act which currently highlights the general obligation of broadcasters not to broadcast any material that is indecent, obscene or offensive to public morals be reviewed for it to be specific in addressing negative portrayals of women. In addition, it recommended that the Malawi Communications Regulatory Authority (MACRA) should enforce the regulations of the Communications Act to ensure that broadcast products affirm women, men and children rather than violating their dignity.
In relation to the print media, the Commission expressed the hope that the recently resurrected Media Council of Malawi will be firm in ensuring that newspapers abide by their professional ethics especially by desisting from publishing cartoons that depict women and ascribe them to activities that portray them as immoral objects for sexual pleasure.
It said despite the Censorship and Control of Entertainment Act being reviewed in 2001, it remains unenacted. “The Commission therefore strongly urges government to look into its enactment and the incorporation into the Gender Equality Act a specific legal provision that will enshrine the protection of all persons dignity in the print media, prohibition of gender stereotyping and criminal punishment of violation of dignity in the print media,” it said. On political dances the Commission observed that although in most African societies, dancing and poetic performances are important for social discourse, in the political arena in Malawi, women often largely participate as dancers and entertainers at public functions of political parties and are usually not involved in the mainstream political discourse. It therefore said they suffer several indignities such as sexual and physical abuse and are often ‘thanked’ by disproportionate wages where this has been considered. The Commission however said it needs to investigate more on this issue since it has not yet established whether women freely attend these dances. But as a measure to address this issue, the Commission recommended that political parties should consider more women in their hierarchical positions in their respective party structures.

Sunday, February 25, 2007

Who is Eunice Chipangula

Born on 25th April 1972 in Zomba, Malawi.
Single mother of one daughter, Endria
An eigth born daughter of Sanderson and Lucy Nihero of Mwinjiro Village, T.A. Mwambo, Zomba.
An ordained Pastor of the Oasis of The Lord International Ministry, overseeing Malawi
First Malawian broadcast journalist to win a British Chevening Scholarship to further her studies. A journalist by profession, holds a Master of Arts Degree in Jounalism from the University of Wales, Cardiff
Worked for the Malawi News Agency as a reporter from 1990 to 1992
Joined the Malawi Broadcasting Corporation (MBC) in 1992 as a reporter and rose through the ranks to the position of Deputy Director General, becoming the first woman in MBC's top management since its establishment in 1964.

Dubbed Malawi's aggressive reporter during and after Malawi's transition period to multiparty democracy, Eunice is likened to Veronica Edwards of the British Broadcasting Corporation (BBC) In January, 2007, while acting as Director General of the Malawi Broadcasting Corporation, the Malawi Governemnt without giving reasons, transferred her to the Ministry of Foreign Affairs and International Cooperation as Deputy Director of Finance and Administration, a move which was described as political and heavily criticised by civil society groups, the general public and the media fraternity and surprisingly, the Board of Directors of MBC.
In April 2007, Eunice was transferred again to the Ministry of Labour to work as Deputy Secretary for the Ministry
Wrote a book titled Political Reporting Trends in Malawi
Chairperson of Gender and Media in Malawi which promotes gender equality in and through the media
Media Trainer in broadcast journalism (radio) for the SADC region under the Nordic-Sadc Journalism Trust (NSJ) pool of trainers and Southern Africa Media Trainers (SAMTRAN).
Received an award for making a significant contribution to the journalism industry in Malawi.
First Malawian fellow of the One World Broadcasting Trust of the UK
Investor in real estate
Aspires to be Malawi's first woman Head of State