PREAMBLE
The Council for NGOs in Malawi as an umbrella body for all NGOs since 1985 has learnt with dismay the ambush by Government in a hurried process to have the NGO Act amended having gazetted the Amendment Act, 2018 on 9th November 2018 and is already appearing on Order Papers. CONGOMA and the NGO sector learnt about it through social media on 15 November 2018. According to the intent and objects of the Amendment Act, it is stipulated that it seeks to promote freedom of association as enshrined in Section 32 of the Republican Constitution; remove the requirement for mandatory double registration; and enhance the role of the NGO Board (proposed to be NGO Authority) in the oversight and regulation of NGOs in Malawi. However, a critical analysis of the proposed provisions of the amendment reveals that the Amendment Act largely runs counter to the promotion of freedom of association and that it is aimed at restricting the civic space in Malawi.

OUR SPECIFIC OBSERVATIONS

CONGOMA observes that:

• There has been no consultation with CONGOMA and NGOs on the amendments which is inconsistent with S96 (2) of the Republican Constitution.
• The amendments are meant to completely close civic policy space which is undemocratic and not in the national interest.
• Arbitrarily preventing CONGOMA, a registered trust from performing its registered mandate as the Amendment grabs CONGOMA’s functions and transferred them to the proposed NGO Authority.
• Most of the amendments are overly broad, vague, incomplete and unreasonable which make the amendment Act a bad law.

WHAT CONGOMA HAS DONE SO FAR

In view of the concerns above, CONGOMA has taken the following steps:

1. CONGOMA co-hosted a Civil Society planning and strategy meeting on Tuesday, 20th November 2018 in Lilongwe to discuss the said Amendment Act
2. CONGOMA engaged the Minister and PS for Gender, Children, Disability and Social Welfare on Tuesday 20 November 2018 in Lilongwe and expressed its concerns on the amendment Act.
3. CONGOMA has submitted in writing the NGOs concerns to the minister of Gender, Children, disability and Social Welfare and is waiting for responses.
4. CONGOMA and Human Rights Defenders Coalition (HRDC) engaged the Speaker of National Assembly on Wednesday, 21 November in Lilongwe on the concerns.
5. CONGOMA and Human Rights Defenders Coalition (HRDC) have since petitioned the Speaker on Thursday 22 November 2018 on the NGOs concerns and are waiting for feedback.

OUR PLEA
We plead with the authorities to:

1. Withdraw the Bill forthwith and embark on genuine consultations with CONGOMA and NGOs on what should change in the NGO Act because NGOs cannot accept to be dictated by the State machinery on what should be amended without NGO input.
2. Calls upon Parliament to refuse to debate the NGO Amendment Bill because it does not meet the criteria of consultations with key stakeholders and is targeted at grabbing mandates of other legally registered institutions and is thorn to our democracy.
3. Calls upon NGOs to unite and fight this Amendment Bill until it falls because it is not friendly; against transparency and accountability of the State and a ‘death trap’ for NGOs.

CONCLUSION

CONGOMA would like to end by saying that the issue of NGO Act is at the centre of existence and survival of NGOs as they serve the people of Malawi. As such, amendments like these being proposed should not be allowed to thrive in a democracy. If Government is well-meaning with this amendment, it will accommodate our views. CONGOMA promises to fight for the space of NGOs in Malawi and in addition, we urge all Malawians who love their country to stand guard against State machinations that close out citizen voice.

Signed

Steven Duwa
CHAIRPERSON