Voluntary compliancenot sufficient—MHRC

The Gender Equality Act requires either sex to hold 40 to 60 percent of public positions, but Minister of Finance, Economic Planning and Decentralisation Joseph Mwanamvekha recently appointed an all-male Revenue Appeals Tribunal to settle tax disputes. Similarly, his Foreign Affairs and International Cooperation counterpart George Chaponda has named only one woman among 20 heads of mission and diplomats. How long will appointing authorities get away with impunity?

Our Staff Writer JAMES CHAVULA engages Malawi Human Rights Commission (MHRC) executive secretary Habiba Osman on the application of gender laws. Excerpts: Q: What is MHRC‘s view on the all-men Revenue Appeals Tribunal as women increasingly break barriers? Q:What do these figures say about the push for gender equality and rule of law?

A:These figures show that while progress exists, parity is far from being achieved. At the same time, Malawian women are increasingly driving economic growth. For instance, women account for over 70 percent of the agricultural labour force and a growing proportion of small and medium enterprises are owned or led by women.

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Given these realities, it becomes even more difficult to justify scenarios where women are absent or significantly underrepresented in key public decision-making bodies such as the tax justice tribunals. Representation is not simply about numbers; it is about fairness, inclusion, legitimacy and compliance with the law. Public institutions must reflect the society they serve.

The commission therefore strongly encourages appointing authorities to align appointments with the 40–60 percent gender threshold required by the Gender Equality Act. Q: How do you feel that the disregard of gender ratios is spilling from the Executive to parliamentary committees and court-related processes, which symbolise the rule of law? Q: How far is MHRC, which oversees the implementation of the Gender Equality Act, prepared to go in ensuring the law is fully applied and hold violators to account?

Presently, evidence shows why enforcement matters: (1). Countries that enforce quotas, such as Rwanda, have achieved over 60 percent female parliamentary representation, the highest globally. Countries without enforcement mechanisms continue to stagnate below 30 percent.

In Malawi, persistent gaps suggest that voluntary compliance alone is insufficient. This is why the commission supports strengthening enforcement provisions through the ongoing review of the Gender Equality Act led by the Ministry of Justice. If institutions persistently disregard the law, the commission is prepared to escalate within its legal mandate to ensure accountability, because equality before the law must be real, not theoretical.

Q: It is 13 years since Parliament enacted the law. What has the commission done to ensure that the gender ratios are not left to appointing authorities’ discretion? Q:What is MHRC’s reaction to a shortlist of diplomats, which comprises one woman against 19 men as heads of mission?

A:The commission has become aware of the reports that diplomatic appointments being scrutinised by Parliament comprise one woman and 19 men. The commission has written the committee of Parliament to find out the status of this, clearly, outlining its concerns around the 60:40 ratio stipulated by Section 11 of the Gender Equality Act. If this list is true, the commission is concerned.

The commission decided to write the appointing authority through the Public Appointments Commitee to not only be mindful of their vetting process, but also take into consideration the requirements of Section 11 of the Gender Equality Act as they are vetting these appointments. That section really applies for all sectors. As much as the decision could have been made by the Executive, the Legislature also has the responsibility to ensure public appointments comply with the Gender Equality Act.

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