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2007 Assessment

Malawi: Integrity Indicators Scorecard

Malawi: Integrity Scorecard Report > Sub-Category: Civil Society Organizations
Indicators		Score
1	Are anti-corruption/good governance CSOs legally protected?	100
2	Are good governance/anti-corruption CSOs able to operate freely?	83
3	Are civil society activists safe when working on corruption issues?	100
4	Can citizens organize into trade unions?	88

Indicator and sub-Indicator Details

Are anti-corruption/good governance CSOs legally protected?

1a: In law, citizens have a right to form civil society organizations (CSOs) focused on anti-corruption or good governance.

Score:

YES

Comments:

References: Constitution of the Republic of Malawi, Chapter IV Section 32

1b: In law, anti-corruption/good governance CSOs are free to accept funding from any foreign or domestic sources.

Score:

YES

Comments:

References: Non-Governmental Organizations Act, Part X Section 33

1c: In law, anti-corruption/good governance CSOs are required to disclose their sources of funding.

Score:

YES

Comments:

References: Non-Governmental Organizations Act, Part VI Section 22 (iv)

Are good governance/anti-corruption CSOs able to operate freely?

2a: In practice, the government does not create barriers to the organization of new anti-corruption/good governance CSOs.

Score:

100

Comments:

References: 1) Ollen Mwalubunju "Civil Society" in Nandini Patel and Lars Svasand (eds) Government and Politics in Malawi. Center for Social Reserach and CMI: Kachere books, Zomba pp 267-296, 2007

2) Richard Tambulasi, lecturer, Department of Political and Administrative Studies, University of Malawi, Sept. 11, 2007, Zomba

Peer Review Comments: Most anti-corruption/governance NGOs do not specialize; they tackle anti-corruption/governance issues on a project basis. More research is needed to verify why this is the case. Agencies that solely tackle the issue are foreign in nature.

2b: In practice, anti-corruption/good governance CSOs actively engage in the political and policymaking process.

Score:

100

Comments:

2) Richard Tambulasi, lecturer, Department of Political and Administrative Studies, University of Malawi, Sept. 9, 2007, Zomba

3) Blessings Chinsinga "Public Policymaking" in Nandini Patel and Lars Svasand (eds) Government and Politics in Malawi. pp 351-374, 2007

2c: In practice, no anti-corruption/good governance CSOs have been shut down by the government for their work on corruption-related issues during the study period.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned is there were no CSOs shut down by the government or forced to cease operations because of their work on corruption-related issues during the study period. NO: A NO score is earned if any CSO has been effectively shut down by the government or forced to cease operations because of its work on corruption-related issues during the study period. The causal relationship between the cessation of operations and the CSO\'s work may not be explicit, however the burden of proof here is low. If it seems likely that the CSO was forced to cease operations due to its work, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments:

References: 1) Richard Tambulasi, lecturer and Head of Department of Political and Administrative Studies, University of Malawi, Sept. 11, 2007, Zomba

2) Jacob Jimu, reporter, Nation newspaper, Sept. 11, 2007, Blantyre

Are civil society activists safe when working on corruption issues?

3a: In practice, in the past year, no civil society activists working on corruption issues have been imprisoned.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no CSO activists imprisoned because of their work covering corruption. YES is a positive score. NO: A NO score is earned if any activist was jailed in relation to work covering corruption. The causal relationship between the official charges and the person\'s work may not be explicit, however the burden of proof here is low. If it seems likely that the person was imprisoned due to his or her work, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments:

References: 1) Richard Tambulasi, lecturer and Head of Department of Political and Administrative Studies, University of Malawi, Sept. 11, 2007, Zomba

2) Jacob Jimu, reporter, Nation newspaper, Sept. 11, 2007, Blantyre

3b: In practice, in the past year, no civil society activists working on corruption issues have been physically harmed.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no documented cases of CSO activists covering corruption being assaulted in the specific study period. A YES score can be earned if there was an attack but it was clearly unrelated to the activist\'s work. YES is a positive score. NO: A NO score is earned if there were any documented cases during the study period of assault to an activist who covers corruption. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments:

References: 1) Richard Tambulasi, lecturer and Head of Department of Political and Administrative Studies, University of Malawi, Sept. 11, 2007, Zomba

2) Jacob Jimu, reporter, Nation newspaper, Sept. 11, 2007, Blantyre

3c: In practice, in the past year, no civil society activists working on corruption issues have been killed.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no documented cases of CSO activists being killed because of their work covering corruption in the specific study period. YES is a positive score. NO: A NO score is earned if there were any documented cases during the study period where a person was killed related to a corruption trial, scandal or investigation. The relationship between a mysterious death and an individual\'s history may not be clear, however the burden of proof here is low. If it is reasonable that a person was killed in relation to his or her work on corruption issues, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments:

References: 1) Richard Tambulasi, lecturer and Head of Department of Political and Administrative Studies, University of Malawi, Sept. 11, 2007, Zomba

2) Jacob Jimu, reporter, Nation newspaper, Sept. 11, 2007, Blantyre

Can citizens organize into trade unions?

4a: In law, citizens have a right to organize into trade unions.

Score:

YES

Comments:

References: The Constitution of the Republic of Malawi, Section 31(2)

4b: In practice, citizens are able to organize into trade unions.

Score:

100

Comments:

References: 1) Thomas Mwafongo, Civil Service Trade Union Executive member, Zomba Mental Hospital, Sept. 9, 2007, Zomba

2) Happy Kayuni, lecturer, Department of Political and Administrative Studies, Sept. 9, 2007, Zomba