In recent years Malawi has been hit and ransacked by natural disasters with the worst being cyclones which have claimed lives of those living in disaster prone areas. In the absence of legislation to relocate residents in such places, it’s not been easy for authorities to act with decisiveness.
However, now with the Disaster Risk Management Act in place, times are expected to change – Tamanda Matebule reports.
One stumbling-block which has stood on the path of authorities to stop them from relocating people residing in disaster prone areas has been the absence of law.
In the absence of disaster risk management legislation everyone would do as it would please them.
People; would encroach protected areas like; hills or river banks and build on them – in the same vein; utility companies like electricity supplier – Escom would connect them electricity.
And questionably; water boards would connect piped water into their houses. A move; some quarters understood as legalizing illegality.
Council authorities who would dare stop anyone constructing in a protect area were being served with a court injunction – no wonder; to date, Blantyre City Council’s hands remain tied as city fathers would remove residents living on an encroached piece of land in Soche Hill, in the commercial capital, Blantyre.
Sadly in daring nature; those occupying disaster prone areas have gone miles further and disturbed the environment by cutting down trees along the river-banks and the hilly terrains.
No wonder in recent years; cyclones, storms and floods have been harsh with such population and claiming an estimated 1 334 lives, million dollar property, piece of arable land and farm lands.
“There shall always be disasters but most of what Malawi has been experiencing would have been avoided if the country had legislation way back,” observes community leader group village Chilobwe.
He wonders: “One question that has bothered us [community leaders] is where utility suppliers have gotten the audacity to disregard their own regulations and supplied their services to prohibited areas?”
However, now with passing of the Disaster Risk Management Bill of 2023 and other related legal framework like the Environmental Policy … sanity is likely to prevail in mitigating disastrous effects of climate change.
Among others, the long awaited bill which was passed by parliamentarians in April 2023, repeals the disaster preparedness and relief act and replaces it with a new act in order to align the law with developments in the area of disaster preparedness, risk reduction, response and recovery.
It also establishes the national disaster Risk Management committee to principally take responsibility of providing leadership in the development, coordination and implementation of risk disaster management strategies and interventions.
Upon assenting to the bill, the Malawi leader Lazarus Chakwera is quoted in State House’s 14 June 2023 media release as hoping the new law would deal with disasters such cyclones.
However, in welcoming the new law an environmental management scholar, Professor Ishmael Mphangwe Kosamu, suggests this; “Shouldn’t just be dealt with in isolation rather be factored in the country’s development blue print – the Malawi 2063 Agenda.”
Thus, he says, Malawi has proved to have the will to dealing with climate change evidenced from such put in place policies like the climate change policy of 2016, the Malawi environmental management act of 2017 and now the disaster risk management act of 2023.
“What must eventually happen is that these policies trickle down to every corner of the society and that this drive taken now be pushed forward in every corner of the society,” says Professor Mphangwe Kosamu, an academic with the Malawi University of Business and Applied Sciences – Mubas.
On the other hand; parliament thinks the new law ought to be a living document than a mere document if it’s to live to its expected importance.
Werani Chilenga, legislator for Chitipa South and also chairperson of the Parliamentary committee of natural resources says “The bill should be regarded as an important tool in the promotion of the welfare of Malawians as it got potential to go a long way in preparing the country against disasters.”
With the new law in place, he says it should be easier to forcefully relocate people residing in disaster prone areas and refusing to relocate.
This is echoed by Malawi’s Minister of Justice, Titus Mvalo who presented the bill in Parliament saying “Once enacted into law, the bill will empower government to declare risk areas and relocate people.”
Reflecting on the fatalities of the most recent and most severe cyclone – Freddy, which made a landfall in Malawi on 13 March 2023 and claimed 1, 200 lives and damaging houses, roads, schools, health facilities, bridges, water sources and crops, however, human rights campaigners say the new law will mean nothing without any action.
“As civil society; we are happy that Parliament passed this bill and that the president has assented to it; but this shouldn’t make us feel content. We must move beyond merely having the law in place and make the difference,” says Sylvester Namiwa, Executive director for Centre for Democracy & Economic Development Initiative.
Moving forward, he suggests: “It’s also important that we learn how others within the region or beyond prepare themselves to similar occurrences.”