SPEECH BY AMBASSADOR MARCHEL GERRMANN ON THE LAUNCH OF THE CHILUNGAMO PROGRAMME
I am glad to be here today to witness the launch of the Chilungamo or Justice and Accountability program. This is one of the EU funded programmes under the 11th European Development Fund (EDF) where I have personally participated in both, the design and formulation phases of course under the leadership of the Minister of Justice and the Solicitor General. This is a program for five years, which is the longest programme to support governance institutions in Malawi ever implemented by the European Union.
The overall budget of the programme is 48 Million Euros, out of which, 12 Million Euros are in support of selected public sector institutions that form part of the Democratic Governance Sector. These selected institutions play a major role in domestic accountability and access to justice and include: Ministry of Justice and Constitutional Affairs (MoJCA), the Judiciary, the Malawi Police Service, the Malawi Prisons Service, the Legal Aid Bureau (LAB), the Office of the Ombudsman (OoO) and the Malawi Human Rights Commission (MHRC). In addition, the programme has a Short Term Expert (STE) facility, with 4,000 days, that supports all the nineteen (19) institutions in the Democratic Governance Sector in Malawi. .
I must say that coming up with the final list of institutions to benefit from the Chilungamo programme was a difficult exercise. As EU, we needed to focus our support to key institutions in the justice system and those that promote accountability in Malawi, while also taking into account the division of labour with EU Member States and other development partners active in this sector. My meeting with the Minister of Justice, the Solicitor General and a team of experts on the final list of beneficiary institutions was one of the most heated meetings I have attended in Malawi, but in the end we managed to agree.
The Chilungamo programme supports a broad range of other institutions in the Democratic Governance Sector including: the National Initiative for Civic Education (NICE) Public Trust, the Tilitonse Foundation, the Malawi Electoral Commission and the National Registration Bureau. As you can see, this is a comprehensive and ambitious programme that seeks to holistically address challenges of governance on both, the supply and the demand side. The overall objective of the Chilungamo Programme is to contribute to dignified life through accountable Government, informed democratic choice, and humane and effective delivery of justice
Honourable Minister, Ladies and gentlemen, governance is a priority for both the EU and the Government of Malawi since it is a prerequisite for inclusive development. As you are all aware, democratic governance and the rule of law are reflected predominantly in the Constitution of Malawi, and in the Malawi Growth and Development Strategy (MGDS).
In addition, the Cotonou Agreement which is the basis for our cooperation with Malawi highlights governance and the rule of law as some of the basic values that need to be strengthened and upheld at all times. All this sounds very philosophical and elitist if activities implemented do not translate into meaningful changes in the lives of common people in villages and rural communities.
However, the EU notes with concern that justice is very expensive in Malawi and therefore out of reach for many Malawians who are poor, disadvantaged, hence vulnerable. In addition, the legal system in Malawi like in many other countries including in Europe, is formal, complex and sometimes intimidating. This makes the disadvantaged Malawians fail to explicitly express themselves in Court before a Magistrate or a Judge. With our support, the poor and mostly forgotten people in prisons, that have become hopeless, are able to access justice through the Courts with free legal assistance from either the Legal Aid Bureau or the Paralegal Advisory Services Institute (PASI). All of you here are very much aware that justice delayed is justice denied. More recently, it was intriguing to note, that the programme facilitated the release on bail of a suspected person who had stayed in prison for over 14 years without trial.
Ladies and gentleman,
I have closely followed implementation of this component of the Chilungamo Programme especially on results that have been achieved so far and I must say that I am very impressed.
Let me highlight a few concrete results already achieved within nine months of implementation by this programme that we are launching today:
(a) The programme has trained 61 police prosecutors (29 female and 32 male) and 60 magistrates (50 female and 10 male) on how to handle cases of violence against women and girls. As a result, 286 cases of gender based violence have been speedily resolved through Mobile Courts. With this initiative, concerned people in communities do not spend money and time by going to Courts that are far from their localities to access justice. The EU is happy to see an increase in the number of female police officers being trained in specialised courses. I am reliably informed that the EU refurbished Female Hostel at Police College has contributed to the increase in intake of female police officers during training.
(b) With support from the programme the Victim Support Unit of the Police Service has assisted 2,780 victims out of a target of 4,000 for year one of implementation, registering 70% success rate.
(c) The Legal Aid Bureau has provided free legal aid to the poor and vulnerable people on 1,048 cases compared to a target of 400 cases in year one of implementation. These are citizens that cannot afford to hire a private lawyer to assist them in and outside the court.
(d) At the start of this programme, overcrowding in prisons was over 250%. I am happy to note that the programme has facilitated the release of 1,235 inmates from Prisons compared to a target of 900 through Camp Courts and a review and analysis of Court Orders. The programme supported the Judiciary, the Malawi Prison Service and the Legal Aid Bureau to review cases of vulnerable groups. The exercise revealed that some people whose orders had expired were still in prison due to poor record keeping. In addition, through confirmation of cases some people who were not supposed to be given custodial sentences were also released.
(e) The Office of the Ombudsman has handled 585 cases of maladministration from a target of 700. The Ombudsman started implementing activities a bit late but this performance is really encouraging.
(f) Asset Forfeiture Unit – the programme supported the establishment of the Asset Forfeiture Unit in the Ministry of Justice to track and forfeit assets after successful prosecution of financial related crimes including cashgate cases.
These are impressive results, and let me assure the Guest of Honour and the Malawi Government that the EU will remain a reliable partner in all aspects of access to justice and domestic accountability in Malawi. You will agree with me that a well-functioning justice system is a prerequisite for peace and development in any jurisdiction. I hope you will also agree with me that overcrowding in prisons is a symptom of challenges in the justice system and this impact negatively on the rights of inmates.
Last but not least, let me thank the Minister of Justice, the Solicitor General, all Heads of Beneficiary Institutions, the Team Leader of the Programme and all that are involved in this programme for your commitment and personal sacrifices to achieve the objectives of this programme. Your presence at this launch is a clear demonstration of your commitment to make a difference in the lives of many Malawians outside there.
Since I will be leaving Malawi in a few days' time, let me take this opportunity to thank you all for the collaboration and the hard working spirit demonstrated for the four years that I have been in Malawi. Hope to meet again soon.
Zikomo Kwambiri