LGBT rights in Malawi
Encyclopedia
Homosexual acts are illegal in Malawi
. Section 153 prohibits "unnatural offences". Section 156 concerning "public decency" is used to punish homosexual acts. Tourists who commit acts of homosexuality with locals can be prosecuted under article 156 and expelled as "undesirable aliens".
In late December 2009, a trans woman
and a man, Tiwonge Chimbalanga and Steven Monjeza, were arrested for holding a traditional 'engagement' party. They were imprisoned in Blantyre
, were denied bail and stood trial. On 18 May, they were found guilty, although there has been an international outcry from LGBT solidarity groups On 29 May 2010, President Bingu wa Mutharika
pardoned both individuals.
Homosexuality remains largely a taboo subject in the generally conservative country. In 2007 the Anglican Church sent a pro-gay rights Bishop, Nick Henderson, to head a diocese in rural Malawia. However, the congregation did not accept him and protests led to the death of a church member.
In 2009 Mary Shawa, secretary for nutrition, HIV and AIDS in the president's office, argued that Malawi must recognise the rights of its gay population to be able to step up its fight against AIDS. This was the first public government comment on homosexuality in the broady conservative country. Shawa said that Malawi would not be able to fight the virus without giving gays access to HIV and AIDS services. The Centre for the Development of People (CEDEP), an organisation working with homosexuals, has said the HIV prevalence rate was at 25 percent among the country's gay population.
In January 2010, Peter Sawali was arrested for hanging a sign that read "gay rights are human rights."
In April 2010, President Bingu wa Mutharika
condemned acts of homosexuality seeing it is a strange act in Malawi, describing it as a foreign culture and tradition (mwambo) which Malawians did not know before. He claimed the country was being haunted by several ills, among them domestic violence, child abuse, and the cutting and selling of private parts
The U.S. Department of State's 2010 Human Rights Report found that, in 2010, "societal violence and discrimination based on sexual orientation occurred. The Center for Development of the People (CEDEP) reported that several cases of violence resulting in serious injury were perpetrated against gay men during the year. These attacks were not reported to police." The report also noted that "a 2008 study by CEDEP found that approximately 34 percent of gay men in the country had been blackmailed or denied services such as housing or healthcare due to their sexual orientation. Additionally, 8 percent of those surveyed said they had been beaten by police or other security forces due to their sexual orientation."
and a man, were convicted by the Malawian courts for having committed "unnatural offenses" and "indecent practices between males" under sections 153 and 156 of Malawi's criminal code, following arrest at their home in Blantyre
. Local newspapers had reported that Tiwonge Chimbalanga (born c. 1984) and Steven Monjeza (born c. 1990) had participated in a public same-sex chinkhoswe, or engagement ceremony. The couple was sentenced on 20 May to the maximum 14 years in prison with hard labour, with the judge, magistrate Nyakwawa Usiwa-Usiwa telling the couple: "I will give you a scaring sentence so that the public be protected from people like you so that we are not tempted to emulate this horrendous example," and "Malawi is not ready to see its sons getting married to its sons."
The trial and sentences were condemned by regional human rights organizations including AIDS and Rights Alliance for Southern Africa (Arasa) the Southern Africa Litigation Centre (Salc), the Centre for the Development of People (CEDEP) and the Centre for Human Rights and Rehabilitation (CHRR). In addition, international human rights organizations such as Amnesty International
and IGLHRC reacted with condemnation, as did donor entities and governments such as the UK government, Germany, the African Development Bank (AfDB), Norway
, the European Union and the World Bank
, who operate under the Common Approach to Budget Support (CABS).
Following pressure from civil rights groups, President Jacob Zuma
of South Africa also condemned the imprisonment and discrimination against gay men and women. The singers Madonna
and Elton John
have also been vocal in their condemnation.
However, the Malawi Council of Churches (a grouping of Anglican, Baptist
, Evangelical and Presbyterian churches) advised the Malawi government to retain current laws against homosexuality in the criminal code and to disregard the pressure from donor countries, advising the countries to "respect Malawi’s cultural and religious values and refrain from using aid as a means of forcing the country to legalise sinful acts like homosexuality in the name of human rights." To date the Roman Catholic Archbishop of Blantyre, Tarcisius Gervazio Ziyaye, the most senior cleric in the predominantly Catholic state, has not made any public statements either in favour of the sentence or in condemnation of the treatment.
The International Women's Health Coalition, OSISA, and Gender Dynamix, identified the imprisonment of Tiwonge, in particular, as an issue of transphobia
because Tiwonge identifies as a woman and dresses in women's clothing; the groups criticized international media reporting of the trial and sentencing because most outlets did not observe Tiwonge's gender identity in their direction of attention to the issue of marriage equality for same-sex couples.
The sentencing has led to debate in the media about whether it was fair, or whether legislation is out of date.
On 29 May 2010, President Bingu wa Mutharika pardoned both individuals, during a visit by Ban Ki-Moon
the UN Secretary General. Government ministers have indicated that they could be re-arrested if they continued their relationship.
In December, after being physically attacked in the months since the pardon, Tiwonge filed papers for asylum in Canada. Her application was facilitated by the Global Justice Institute of the Metropolitan Community Church
.
Malawi
The Republic of Malawi is a landlocked country in southeast Africa that was formerly known as Nyasaland. It is bordered by Zambia to the northwest, Tanzania to the northeast, and Mozambique on the east, south and west. The country is separated from Tanzania and Mozambique by Lake Malawi. Its size...
. Section 153 prohibits "unnatural offences". Section 156 concerning "public decency" is used to punish homosexual acts. Tourists who commit acts of homosexuality with locals can be prosecuted under article 156 and expelled as "undesirable aliens".
In late December 2009, a trans woman
Trans woman
A trans woman is a male-to-female transsexual or transgender person and the term trans woman is preferred by some individuals over various medical terms. Other non-medical terms include t-girl, tg-girl and ts-girl...
and a man, Tiwonge Chimbalanga and Steven Monjeza, were arrested for holding a traditional 'engagement' party. They were imprisoned in Blantyre
Blantyre, Malawi
Blantyre or Mandala is Malawi's centre of finance and commerce, the largest city with an estimated 732,518 inhabitants . It is sometimes referred to as the commercial capital of Malawi as opposed to the political capital, Lilongwe...
, were denied bail and stood trial. On 18 May, they were found guilty, although there has been an international outcry from LGBT solidarity groups On 29 May 2010, President Bingu wa Mutharika
Bingu wa Mutharika
Bingu wa Mutharika is a Malawi economist who is President of Malawi. He took office on 24 May 2004 after winning a disputed presidential election...
pardoned both individuals.
Malawian Constitution
Non-discrimination on the grounds of sexual orientation is not explicitly referred to in the Malawian constitution (Article 20); although human rights lawyer Chrispine Sibande has recently argued that it may be covered under the 'other status' category. However, there has no been no official legal ruling to this effect.Malawian society
Homosexual acts are proscribed under the Malawi Penal Code of 1930, drafted when Malawi was under British colonial rule and retained after independence. No specific laws against homosexuality were in place before British rule.Homosexuality remains largely a taboo subject in the generally conservative country. In 2007 the Anglican Church sent a pro-gay rights Bishop, Nick Henderson, to head a diocese in rural Malawia. However, the congregation did not accept him and protests led to the death of a church member.
In 2009 Mary Shawa, secretary for nutrition, HIV and AIDS in the president's office, argued that Malawi must recognise the rights of its gay population to be able to step up its fight against AIDS. This was the first public government comment on homosexuality in the broady conservative country. Shawa said that Malawi would not be able to fight the virus without giving gays access to HIV and AIDS services. The Centre for the Development of People (CEDEP), an organisation working with homosexuals, has said the HIV prevalence rate was at 25 percent among the country's gay population.
In January 2010, Peter Sawali was arrested for hanging a sign that read "gay rights are human rights."
In April 2010, President Bingu wa Mutharika
Bingu wa Mutharika
Bingu wa Mutharika is a Malawi economist who is President of Malawi. He took office on 24 May 2004 after winning a disputed presidential election...
condemned acts of homosexuality seeing it is a strange act in Malawi, describing it as a foreign culture and tradition (mwambo) which Malawians did not know before. He claimed the country was being haunted by several ills, among them domestic violence, child abuse, and the cutting and selling of private parts
The U.S. Department of State's 2010 Human Rights Report found that, in 2010, "societal violence and discrimination based on sexual orientation occurred. The Center for Development of the People (CEDEP) reported that several cases of violence resulting in serious injury were perpetrated against gay men during the year. These attacks were not reported to police." The report also noted that "a 2008 study by CEDEP found that approximately 34 percent of gay men in the country had been blackmailed or denied services such as housing or healthcare due to their sexual orientation. Additionally, 8 percent of those surveyed said they had been beaten by police or other security forces due to their sexual orientation."
Chimbalanga and Monjeza
On 18 May 2010, a Malawian couple, a trans womanTrans woman
A trans woman is a male-to-female transsexual or transgender person and the term trans woman is preferred by some individuals over various medical terms. Other non-medical terms include t-girl, tg-girl and ts-girl...
and a man, were convicted by the Malawian courts for having committed "unnatural offenses" and "indecent practices between males" under sections 153 and 156 of Malawi's criminal code, following arrest at their home in Blantyre
Blantyre, Malawi
Blantyre or Mandala is Malawi's centre of finance and commerce, the largest city with an estimated 732,518 inhabitants . It is sometimes referred to as the commercial capital of Malawi as opposed to the political capital, Lilongwe...
. Local newspapers had reported that Tiwonge Chimbalanga (born c. 1984) and Steven Monjeza (born c. 1990) had participated in a public same-sex chinkhoswe, or engagement ceremony. The couple was sentenced on 20 May to the maximum 14 years in prison with hard labour, with the judge, magistrate Nyakwawa Usiwa-Usiwa telling the couple: "I will give you a scaring sentence so that the public be protected from people like you so that we are not tempted to emulate this horrendous example," and "Malawi is not ready to see its sons getting married to its sons."
The trial and sentences were condemned by regional human rights organizations including AIDS and Rights Alliance for Southern Africa (Arasa) the Southern Africa Litigation Centre (Salc), the Centre for the Development of People (CEDEP) and the Centre for Human Rights and Rehabilitation (CHRR). In addition, international human rights organizations such as Amnesty International
Amnesty International
Amnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's...
and IGLHRC reacted with condemnation, as did donor entities and governments such as the UK government, Germany, the African Development Bank (AfDB), Norway
Norway
Norway , officially the Kingdom of Norway, is a Nordic unitary constitutional monarchy whose territory comprises the western portion of the Scandinavian Peninsula, Jan Mayen, and the Arctic archipelago of Svalbard and Bouvet Island. Norway has a total area of and a population of about 4.9 million...
, the European Union and the World Bank
World Bank
The World Bank is an international financial institution that provides loans to developing countries for capital programmes.The World Bank's official goal is the reduction of poverty...
, who operate under the Common Approach to Budget Support (CABS).
Following pressure from civil rights groups, President Jacob Zuma
Jacob Zuma
Jacob Gedleyihlekisa Zuma is the President of South Africa, elected by parliament following his party's victory in the 2009 general election....
of South Africa also condemned the imprisonment and discrimination against gay men and women. The singers Madonna
Madonna (entertainer)
Madonna is an American singer-songwriter, actress and entrepreneur. Born in Bay City, Michigan, she moved to New York City in 1977 to pursue a career in modern dance. After performing in the music groups Breakfast Club and Emmy, she released her debut album in 1983...
and Elton John
Elton John
Sir Elton Hercules John, CBE, Hon DMus is an English rock singer-songwriter, composer, pianist and occasional actor...
have also been vocal in their condemnation.
However, the Malawi Council of Churches (a grouping of Anglican, Baptist
Baptist
Baptists comprise a group of Christian denominations and churches that subscribe to a doctrine that baptism should be performed only for professing believers , and that it must be done by immersion...
, Evangelical and Presbyterian churches) advised the Malawi government to retain current laws against homosexuality in the criminal code and to disregard the pressure from donor countries, advising the countries to "respect Malawi’s cultural and religious values and refrain from using aid as a means of forcing the country to legalise sinful acts like homosexuality in the name of human rights." To date the Roman Catholic Archbishop of Blantyre, Tarcisius Gervazio Ziyaye, the most senior cleric in the predominantly Catholic state, has not made any public statements either in favour of the sentence or in condemnation of the treatment.
The International Women's Health Coalition, OSISA, and Gender Dynamix, identified the imprisonment of Tiwonge, in particular, as an issue of transphobia
Transphobia
Transphobia is a range of negative attitudes and feelings towards transsexualism and transsexual or transgender people, based on the expression of their internal gender...
because Tiwonge identifies as a woman and dresses in women's clothing; the groups criticized international media reporting of the trial and sentencing because most outlets did not observe Tiwonge's gender identity in their direction of attention to the issue of marriage equality for same-sex couples.
The sentencing has led to debate in the media about whether it was fair, or whether legislation is out of date.
On 29 May 2010, President Bingu wa Mutharika pardoned both individuals, during a visit by Ban Ki-Moon
Ban Ki-moon
Ban Ki-moon is the eighth and current Secretary-General of the United Nations, after succeeding Kofi Annan in 2007. Before going on to be Secretary-General, Ban was a career diplomat in South Korea's Ministry of Foreign Affairs and in the United Nations. He entered diplomatic service the year he...
the UN Secretary General. Government ministers have indicated that they could be re-arrested if they continued their relationship.
In December, after being physically attacked in the months since the pardon, Tiwonge filed papers for asylum in Canada. Her application was facilitated by the Global Justice Institute of the Metropolitan Community Church
Metropolitan Community Church
The Metropolitan Community Church or The Universal Fellowship of Metropolitan Community Churches is an international Protestant Christian denomination...
.
See also
- LGBT rights in AfricaLGBT rights in AfricaLesbian, gay, bisexual, transgender rights in Africa are limited in comparison to other areas of the world, with the BBC estimating that homosexuality is outlawed in 38 African countries...
- Human rights in AfricaHuman rights in AfricaHuman rights as a legal concept is a relatively recent notion in Africa. The United Nations System, international law and the African Union have certainly all contributed to the establishment of a human rights system in Africa, which has positively and indispensably influenced the advancement of...
External links
- UK government travel advice for Malawi: Local laws and customs
- Centre for the Development of People — Malawi LGBT rights and HIV awareness organisation