to social accountability is founded on the basic premise that all human beings have equal dignity and equal claim on the measures required to meet their basic needs and to exercise their fundamental rights as capabilities. It is because every human being has needs such as water, housing, health care. The law says that these needs must be met as a matter of right and that the state bears primary duty for its realisation. Basic needs are therefore a foundation from which human rights emerge. A basic understanding of what human rights are is therefore relevant to understand this discourse. The United Nations (UN) defines a human right as a universal guarantee protecting individuals and groups against actions and omissions that interfere with fundamental freedoms, entitlements and human dignity. In Malawi, the Constitution is supreme law and therefore provides for the protection of rights. Examples of human rights are right to health,
with DYSON MTHAWANJI and TIWONGE TASHA KUMWENDA
right to education, right to health among others. According to the constitution, the Government of Malawi (GoM) has committed to the progressive realisation of rights within available resources and equitable access of the rights. It is based on this commitment that the GoM should go beyond acknowledging citizens rights but should centrally be responsible for the realisation of human rights as entitlements to capabilities. This is because government is given authority and mandate by citizens for the sole purpose of ensuring that citizens rights are realised. The mandate is also enforced by the fact that resources utilised by
government is generated from
the people (through tax and other sources) for the people and therefore public officers, are obliged to give account to citizens for all decisions and actions taken in delivering their mandate. For instance, if government decides to build 1000 teachers houses across the country, they must be able to explain and justify why that decision has been made and how it will help citizens realise their right to education. Social accountability as a right means that citizens have a right to social accountability. This means that all citizens have a right to demand explanations and justifications from government
when it fails to provide them
adequately and also take corrective actions where required. It further ensures that citizens should take a leading role in interaction between stakeholders in determining priorities. Citizens therefore have the right and should take advantage and participate in the various stages of the budget process. For instance when Rumphi District Council is developing priorities and budgets, the citizens in Rumphi should be consulted in the process to ensure that budgets reflect the needs and interests of the people. In addition, citizens must be bold enough to demand officials, ministries to account for how they managed resources. This means we need to demand for answers where resources have not been used as planned. Every right has a corresponding obligation. The government of Malawi, through Ministries, Departments, Agencies, Local Government Authorities and public officers therefore have the following obligations; firstly
the citizens by ensuring that it should not take any meausures to prevent citizens from accessing their rights. Secondly, the state has the responsibility to protect which means that government requires taking measures to ensure that enterprises or individuals do not deprive others of their access to their rights. Lastly, the GoM has an obligation to fulfil the realisation of human rights. Therefore, there must be proactive engagement in activities intended to strengthen peoples access to and utilisation of resources and enjoyment of rights. If the government is able to manage resources optimally by operating as a system designed to ensure that the rights are experienced as capabilities progressively by its citizens, then accountability is achieved. Failure to achieve accountability has catastrophic effects on service delivery and hence failure to meet the needs and to realise rights of its citizens. n
STATE OF THE NATION ADDRESS BY PETER MUTHARIKA, PRESIDENT OF THE REPUBLIC OF MALAWI ON THE OCCASION OF THE STATE OPENING OF THE 3RD MEETING IN THE 47TH SESSION OF PARLIAMENT AND 2018/2019 BUDGET MEETING LILONGWE