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Malawi Suspends Anti-Gay Laws

PHOTO: GETTY

Fantastic news to report from Malawi, whose President Joyce Banda made international news when she promised to repeal the southern African nation's anti-gay laws after assuming office in May. The government has just announced that it is repealing those harsh anti-gay laws, reports Reuters.

Malawi becomes the first African nation to do so since South Africa in 1994.

Malawi suspended laws against same-sex relationships on Monday and ordered police not to arrest gays pending a decision on whether to repeal the legislation, a source of friction with the impoverished southern African nation's donors.

"If we continue arresting and prosecuting people based on the said laws and later such laws are found to be unconstitutional it would be an embarrassment to government," he told Reuters. "It is better to let one criminal get away with it rather than throw a lot of innocent people in jail."

A recent report presented to Mutharika's successor, Joyce Banda, recommended decriminalization of same-sex marriages as a way of helping the fight against the spread of HIV and AIDS.

Parliamentary leaders of Banda's ruling Democratic Progressive Party announced a "moratorium" on arrests and prosecutions of suspected gays and lesbians last May. Repeal was not expected immediately.

Malawi faced international condemnation for the May 2010 conviction and 14-year prison sentences given to Steven Monjeza and Tiwonge Chimbalanga. The couple was convicted of "unnatural acts" and gross indecency" after holding an engagement ceremony. The late President Bingu wa Mutharika eventually pardoned the couple on "humanitarian grounds."

Banda's move reverses the recent trend in Africa in which gays have been increasingly singled out for prosecution. Same-sex acts are currently illegal in Malawi, as they are in at least 38 of 54 African countries. The maximum punishment is 14 years behind bars and hard labor. In September 2009, a senior official first suggested that the conservative African nation "must recognize" gay rights if it hopes to properly address HIV/AIDS.

Four nations—Mauritania, Nigeria, Somalia and Sudan—boast the death penalty for gays or same-sex activity. South Africa and Seychelles are the only African nations that protect LGBT rights. South Africa is also the only African nation to guarantee marriage equality. Kenya's parliament and supreme court are considering decriminalizing its sodomy statute.

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MALAWI: Moratorium on Anti-Gay Arrests, No Repeal Scheduled Yet

PHOTO: Getty

An update from Malawi, whose brand new President Joyce Banda made international news this month when she promised to repeal the southern African nation's anti-gay laws. Malawi would become the first African nation to do so since South Africa in 1994.

Parliamentary leaders of Banda's ruling Democratic Progressive Party have announced a "moratorium" on arrests and prosecutions of suspected gays and lesbians. Repeal is not expected immediately, reports Malawi Today.

Leader of government in Malawi parliament Henry Phoya said Tuesday that the controversial law that restricts homosexuality is not part of business in the current sitting. The statement sharply contradicts President Joyce Banda’s statement that the law will be repealed as a matter of urgency.

"We don’t have any business on same sex marriages and you can cross check with our time table. If you ask me about what the president said, then the message was that she would like to see these laws reviewed some time in future,” Phoya said. [...]

"There’s currently a moratorium on the law, so there will be no arrests or prosecutions based on the law,” [Justice Minister] Ralph Kasambara, the justice minister, told Zodiak Radio.

Zodiak Radio broadcast an unconfirmed report that "two lesbians reportedly got engaged" in Blantyre, the nation's second largest city and its commercial capital. It's worth noting that the radio station is controlled by the opposition party.

Malawi faced international condemnation for the May 2010 conviction and 14-year prison sentences given to Steven Monjeza and Tiwonge Chimbalanga. The couple was convicted of "unnatural acts" and gross indecency" after holding an engagement ceremony. The late President Mutharika pardoned the couple on "humanitarian grounds."

Same-sex acts are currently illegal in Malawi, as they are in at least 38 of 54 African countries. The maximum punishment is 14 years behind bars and hard labor. In September 2009, a senior official first suggested that the conservative African nation "must recognize" gay rights if it hopes to properly address HIV/AIDS.

Four nations—Mauritania, Nigeria, Somalia and Sudan—boast the death penalty for gays or same-sex activity. South Africa and Seychelles are the only African nations that protect LGBT rights. South Africa is also the only African nation to guarantee marriage equality. Kenya's parliament and supreme court are considering decriminalizing its sodomy statute.

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Malawi President Vows to Overturn Anti-Gay Laws
Update on Malawi's Monjeza and Chimbalanga
Malawi Couple Break Up, Monjeza Engaged to a Woman
Pardoned Malawi Couple Appears on Television
Malawi: Couple Released, Seeking Asylum
Malawi's President Pardons Imprisoned Couple
Jailed Malawian Couple Separated
WH, Madonna Condemn Sentence of Malawi Couple
Malawi Couple Sentenced to 14 Years Hard Labor
State Dept. Condemns Malawi Conviction
Gay Malawi Couple Convicted of "Unnatural Act"
Malawi Official Calls for Gay Rights to Fight HIV/AIDS

Malawi President Joyce Banda Vows to Overturn Anti-Gay Laws

This is just brilliant. Malawi's new president has declared that she wants to repeal the southern African nation's anti-gay laws and sodomy statutes. President Joyce Banda's move reverses the recent trend in Africa in which gays have been increasingly singled out for prosecution. Malawi would become the first African nation to do this since South Africa in 1994, reports the BBC.

Mrs Banda took power last month after her predecessor, Bingu wa Mutharika, died of a heart attack. She has since reversed several of his policies, including devaluing the currency, in a bid to get donor funding restored. Many donors cut aid under Mr Mutharika, accusing him of economic mismanagement and political repression.

In her first state of the nation address to parliament, Mrs Banda said: "Some laws which were duly passed by the august house... will be repealed as a matter of urgency... these include the provisions regarding indecent practices and unnatural acts."

The BBC's Raphael Tenthani in the main city, Blantyre, says the president has the support of a majority of MPs and so should be able to get parliament to overturn the law. However, he says it will be an unpopular move with many church leaders, as well as the wider population in this conservative country.

Malawi faced international condemnation for the May 2010 conviction and 14-year prison sentences given to Steven Monjeza and Tiwonge Chimbalanga. The couple was convicted of "unnatural acts" and gross indecency" after holding an engagement ceremony. The late President Mutharika pardoned the couple on "humanitarian grounds."

Banda is the continent's newest and second female president. Liberia's Ellen Johnson Sirleaf is the other.

Same-sex acts are currently illegal in Malawi, as they are in at least 38 of 54 African countries. The maximum punishment is 14 years behind bars and hard labor. In September 2009, a senior official first suggested that the conservative African nation "must recognize" gay rights if it hopes to properly address HIV/AIDS.

Four nations—Mauritania, Nigeria, Somalia and Sudan—boast the death penalty for gays or same-sex activity. South Africa and Seychelles are the only African nations that protect LGBT rights. South Africa is also the only African nation to guarantee marriage equality.

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Update on Malawi's Monjeza and Chimbalanga
Malawi Couple Break Up, Monjeza Engaged to a Woman
Pardoned Malawi Couple Appears on Television
Malawi: Couple Released, Seeking Asylum
Malawi's President Pardons Imprisoned Couple
Jailed Malawian Couple Separated
WH, Madonna Condemn Sentence of Malawi Couple
Malawi Couple Sentenced to 14 Years Hard Labor
State Dept. Condemns Malawi Conviction
Gay Malawi Couple Convicted of "Unnatural Act"
Malawi Official Calls for Gay Rights to Fight HIV/AIDS

ICC Refers Malawi to UN Security Council Over Sudan's Bashir

PHOTO: Reuters

The International Criminal Court in The Hague has referred the southern African nation of Malawi to the UN Security Council for refusing to arrest Sudan's President Omar al-Bashir.

Malawi and Chad hosted Bashir in October for trade summits. This was despite the fact there is an outstanding ICC arrest warrant for Bashir on charges of war crimes and genocide in Sudan's Darfur region.

Malawi, the court said, argued that customary international law creates an exception for heads of state wanted for international crimes. "The judges noted that immunity for heads of state before international courts has been rejected time and time again dating all the way back to World War I," the court said.

Bashir's case is fast becoming a regional flash point. "Many African leaders accuse the ICC of only investigating alleged war crimes in Africa and ignoring those committed elsewhere," notes the BBC. Last week, the Ivory Coast's ex-president became the first former head of state to face judges at the ICC.

Chad, Kenya and Djibouti have also been referred to the UN Security Council for refusing to arrest Mr Bashir, even though they recognise the ICC.

Last month, a Kenyan court criticised the government for failing to arrest Mr Bashir when he visited in August and issued its own warrant. Kenyan Foreign Minister Moses Wetangula said the government would appeal against the ruling and it would not arrest Mr Bashir if he visited again. "We have voiced concerns about the manner in which the ICC has been pursuing African leaders and leaving leaders with much, much heavier responsibility of human rights and murderous actions," he said, pointing to the conflicts in Iraq and Afghanistan.

So far, at least 300,000 people have been killed and more than 2.5 million displaced in the civil war between the Khartoum government and Darfur provinces.

In related news: Gambian lawyer Fatou Bensouda has been officially elected as the ICC's new chief prosecutor . Bensouda becomes the first African to "hold the top post at a time when the ICC is almost exclusively focused on the continent," reports Al Jazeera.

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Zambia Criticizes UK Threat to Withdraw Aid from Anti-Gay Nations

Zambia becomes the latest nation to slam British Prime Minister David Cameron's suggestion that aid should be decreased to countries that failed to respect gay rights. Cameron made the announcement at the recent 54-nation Commonwealth meeting in Australia.

The Lusaka Times and Zambian Watchdog report that British authorities have backpedaled after protests by leaders of  the southern African nation.

British High Commissioner to Zambia Tom Carter clarified that the statement issued by the prime-minister does not apply to Zambia for now. He told radio Phoenix Thursday morning that the UK sees it as its responsibility to protect people of all sexual orientations but that the statement made in Australia was not directed at Zambia.

"He was not talking about Zambia in that case. I cannot talk about other countries. I am here in Zambia and we are very, very happy the way things are going here," said Carter.

Zambia’s chief government spokesperson Given Lubinda said the nation would only enact laws supported by its citizens and in line with their culture. ... He said Zambia was a sovereign state and would make independent decisions on which laws to enact. "Zambia will not be pressured to formulate laws or policies by any foreign government," Mr Lubinda told Lusaka-based Hot FM Radio.

Clergy and politicians in the southern African nation were "outraged" in May 2010 after international donors made a similar suggestion and asked them to relax its harsh anti-gay laws.

AIn March 2011, clergy and politicians in Zambia threatened to campaign against Michael Sata—formerly leader of the opposition Patriotic Front—after he indicated a softened position on gay rights. Sata later won the presidency in peaceful elections in September.

Same-sex sexual activity is illegal for both males and females in Zambia. The Zambian government does not permit advocacy of LGBT rights, reports the International Gay and Lesbian Human Rights Commission (PDF). Former Presidents Kenneth Kaunda of Zambia and Festus Mogae of Botswana recently called for the decriminalization of sodomy statutes across Africa.

Zambia is rich in copper mineral wealth, but is one of the world's poorest nations, boasts a 16 percent HIV rate and the average life expectancy is only 4o years old. Priorities, priorities.

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Calls for Commonwealth to Repeal Anti-Gay Laws

REPORTS: Calls for Commonwealth Nations to Repeal Anti-Gay Laws

PHOTOS: Getty, AP

The Commonwealth Heads of Government Meeting opened this morning in Perth, Western Australia. The biennial meeting brings together leaders of the Commonwealth of Nations, mostly former members of the British Empire.

British PM David Cameron and Australian PM Julia Gillard (above), as well as Canadian PM Stephen Harper, are expected to ask member nations to repeal anti-gay laws in an effort to address soaring HIV rates in the global south, reports The Globe and Mail and AFP.

The body tasked with developing options to reform the Commonwealth has noted that the old British Empire laws against gays are still in force in 41 of the 54 member nations. These include statues, mostly enacted in colonial times, which criminalise homosexual sex.

About 2.7 million new people become infected with HIV every year, with the virus claiming a further two million lives annually from Aids. Commonwealth countries are disproportionately burdened with the disease, accounting for some 30% of the global population, but 60% of the world's HIV/Aids cases.

The move comes after reports that the British Foreign Ministry is considering decreasing aid to nations that have been prosecuting gays, reports South Africa's Daily Mail.

Prime Minister David Cameron ... will tell struggling nations they will receive funding “fines” if persecution of homosexuals continues. The government has already cut aid to Malawi by £19 million [$31 million] after two gay men were sentenced to 14 years hard labour. The southern African nation also plans to bring in tough anti-lesbian laws.

International Development Secretary Andrew Mitchell could also reduce aid to Uganda and Ghana unless they drop laws against homosexuality. Uganda, which is due to receive £70 million [$113 million] in 2011, plans to punish homosexuality with the death penalty. The president of Ghana, which gets £36 million [$58 million] a year, has promised to bring in measures to “check the menace of homosexuality and lesbianism”.

The former Indian High Court judge who famously overturned an anti-gay law in Delhi will call on Commonwealth nations to repeal such laws, according to Australia Network News.

The push comes as sodomy laws in several Commonwealth nations are being challenged. A lawsuit was filed against Botswana's anti-gay laws in February. And a landmark challenge to Jamaica's anti-gay laws was announced this week.

Meanwhile: The Commonwealth remains divided over calls for a human rights commissioner. That proposal is not expected to pass.

Update on Malawi's Steven Monjeza and Tiwonge Chimbalanga

An update on Steven Monjeza and Tiwonge Chimbalanga, the Malawian couple who became the focus of international attention after they were sentenced to 14 years' hard labor for holding an engagement ceremony. Only one week after their pardon by President Bingu wa Mutharika, Monjeza publicly renounced Chimbalanga and announced his engagement to a woman named Dorothy Gulo.

Monjeza and Gulo's engagement is sadly becoming more tabloid fodder, reports The Nyasa Times.

"When Nyasa Times tried to find out about Monjeza’s new sweet heart, it was discovered that she is a prostitute (hooker) who stays in a one roomed apartment behind one of the bars in Chirimba. 'Actually the two met at a drinking joint because Steve is an alcoholic,' said (a neighbor). Monjeza’s sister refused to speak to the media but said apart from what the papers said about the new love, there is nothing that the family know about Dorothy. The sister said she feels sorry for Monjeza who she described as a shame to her family."

The newspaper also reports a businessman attempted to offer Monjeza money to start over, but "found him drunk" over several days. Yet another casualty of the harsh anti-LGBT climate ...

In related news: Monjeza's public renunciation of Chimbalanga was reported by media in Ghana, with the proviso that Monjeza was "pressured ... due to death threats, public insults and abuses which also coupled with threats to re-arrest the duo by the government and police." Those important facts are glossed over by media in Malawi.

REPORT: Malawi Couple Break Up, Monjeza Engaged to a Woman

Apparently this is what you have to do to survive the hostile anti-LGBT climate in Malawi. Steven Monjeza has renounced Tiwonge Chimbalanga, reports The Nyasa Times.

"Steven Monjeza has dumped Tiwonge Chimbalanga –Aunt Tiwo- who he engaged in the first Malawi gay ceremony that earned them a 14 years imprisonment for homosexuality. They were pardoned by President Bingu wa Mutharika after conceding international pressure. But according to The Nation newspaper, Malawi’s authoritative daily; Monjeza has found a woman, Dorothy Gulo, 24, to marry and claims he was forced into the ‘gay drama’. The man has said he will expose the people that allegedly forced him into the gay act if they continue to pester him. The paper reports that Monjeza alleges that he never had sex with his fellow man, Tiwonge."

Monjeza also claims he was forced to hold last week's news conference, which was his first time seen in public with Chimbalanga since last week's presidential pardon from their sentence of 14 years' hard labor.  Monjeza says he  was "kidnapped" and forced to attend a "drinking orgy."

"We were pardoned but I know the law can bounce back on us if we are not careful. Although I claimed that I still love Tiwo, I did not mean it. I have never had sex with him as was revealed in court. That is why the medical examination failed to establish any anal penetration. I was coerced into the whole thing, The Nation quoted him.  They forcefully picked me from my house in Kameza when I was drunk. They bundled me into their car and said they were taking me for a drink. Indeed, I was treated to a drinking orgy throughout the journey but no one revealed where we were going until I reached a house in Lilongwe to find Tiwo.  He told me that there are many countries willing to take us but I told him I was not interested and would not go."

On May 29, President Bingu wa Mutharika pardoned the couple from their sentence of 14 years' hard labor. The couple was convicted of "unnatural acts" and gross indecency for holding an engagement ceremony. Last week, Patricia Kaliati, Malawi's Minister of Gender and Children, told the BBC that Monjeza and Chimbalanga's release  "does not mean" they can continue their relationship.

H/T: Box Turtle Bulletin

Pardoned Malawi Couple Appears on Television, Praises President

Steven Monjeza and Tiwonge Chimbalanga made their first public appearance together since Saturday's presidential pardon from their sentence of 14 years' hard labor. The couple was convicted of "unnatural acts" and gross indecency for holding an engagement ceremony. At a brief news conference in Lilongwe late Wednesday, the couple thanked President Bingu wa Mutharika, reports AFP.

"The president has demonstrated that he is a caring father, a considerate and tolerant president. We wish him good health in his everyday endeavours as he continues leading the country to respecting human rights and to economic prosperity," the couple said in a statement.

And: 

"The couple asked the media and the general public to respect their privacy. 'So much has been said and written about us, both positive and negative. We think this is the time for us to be given an opportunity to enjoy our freedom,' they said. They called their ordeal 'the most stressful period in our lives.' Chimbalanga told AFP in a phone interview that he was in Lilongwe to 'have a breather', while his partner had returned to his village.

"Mutharika on Wednesday asked the country to stop talking about the couple's 'satanic' wedding. The public mood in Malawi has generally been in favour of the heavy sentence and against the pardon. ;The story ends there,' Mutharika told reporters. 'I don't want to hear anyone commenting on them. Nobody is authorised to comment on the gays. You will spoil things.' "

Steven Monjeza and Tiwonge Chimbalanga were released to their home villages and human rights groups are trying to find jobs for them. Earlier this week, Patricia Kaliati, Malawi's Minister of Gender and Children, told the BBC that Monjeza and Chimbalanga's release "does not mean" they can continue their relationship.

The pardoned couple appeared on Television Malawi. The video needs translation but it is fascinating to watch the couple and the press coverage. Watch it AFTER THE JUMP ...

Malawi: Couple Released, Seeking Asylum, Threatened w/ Re-Arrest

Several updates on Steven Monjeza (left) and Tiwonge Chimbalanga, the Malawian couple pardoned on Saturday after being sentenced to 14 years in prison and convicted of "unnatural acts" and gross indecency for holding an engagement ceremony. The couple were released to their home villages but are looking for a safe house and asylum, according reports.

Agence France Presse:

"[Monjez andn Chimbalanga] were at their separate home villages after being released from prison, a local underground gay movement said Sunday.  Gift Trapence, director of the Centre for the development of the People (CEDEP) which paid the couple's legal fees, told AFP. 'The prison authorities told them they had been given instruction from above that they should take them to their respective homes.' Trapence said authorities had deliberately sent the couple -- who were jailed at different prisons -- to their villages near Blantyre to 'avoid hostility towards them by the public.' 'They were warmly welcomed by their respective relatives', he said, saying that he not yet talked to the couple. The public taunted and booed the couple every time they appeared in court in Blantyre following their December 28 arrest after a traditional wedding ceremony, the first same-sex union in Malawi.

Malawi's press is generally praising the pardon granted by President Bingu Wa Mutharika. The Nyasa Times, the nation's most prominent newspaper, wrote an editorial applauding the action and noted that "pressure or not under pressure, the President has done the right thing to pardon the gay couple."

But Patricia Kaliati, Malawi's Minister of Gender and Children, tells the BBC that Monjeza and Chimbalanga's release does not mean they can continue their relationship.

" 'It doesn't mean that now they are free people, they can keep doing whatever you keep doing,' she said. Ms Kaliati said they could be rearrested if they 'continue doing that'. The men's lawyer said they were unlikely to be treated in the same way if they were arrested again. 'The pardon only applies to the offence under which they were convicted. If, for example, they go back and the state is of the view that they have recommited the offence, the pardon will not apply,' said Mauya Msuku."

After a Saturday meeting with United Nations Secretary General Ban Ki-moon, Malawi's leader ordered the couple's release. Human rights groups as well as the United States, Great Britain and the United Nations, Malawi's largest international donors, pressured the conservative southern African nation to release the couple.

Homosexuality is illegal in at least 37 countries in Africa, including Malawi. HIV/AIDS activists say the harsh penalties encourage anti-gay sentiment in the region and dissuade gay men who are HIV positive against seeking treatment.