Suspension of Anti-Homosexuality Laws in Malawi a Historic Step Forward
SEXUALITIES, 12 Nov 2012
Amnesty International – TRANSCEND Media Service
Today’s [5 Nov 2012] statement by Malawi’s Justice Minister that laws criminalising same sex sexual conduct are suspended pending a decision on whether or not to repeal them is a historic step in the fight against discrimination in the country.
Justice Minister Ralph Kasambara said he wanted debate on the issue before parliament decides whether to keep the laws or not.
“Amnesty International welcomes Minister Kasambara’s statement and hopes it serves as the first step towards ending discrimination and persecution based on real or perceived sexual orientation and gender identity in Malawi,” said Noel Kututwa, Amnesty International’s southern Africa director.
Sections 153 and 156 of Malawi’s Penal Code criminalize same sex sexual conduct between men and those convicted face up to 14 years imprisonment, with or without corporal punishment.
Section 137A of Malawi’s Penal Code criminalizes “indecent practices between females,” with anyone found guilty liable to a prison term of five years.
“We urge the government not to lose momentum on this basic human rights issue and to ensure the full repeal of these discriminatory and hate-filled laws,” said Noel Kututwa.
In 2010, two persons were sentenced to 14 years imprisonment in Malawi on charges related to same sex sexual conduct. They were later pardoned following international condemnation.
Background
Criminalisation of individuals on the basis of their real or perceived sexual orientation or gender identity violates Malawi’s obligations under treaties it has ratified, including the International Covenant on Civil and Political Rights, the African Charter on Human and Peoples’ Rights and the Malawian Constitution. These obligate Malawi to respect and protect freedom from discrimination, freedom of conscience, expression and right to privacy.
Criminalisation laws can also violate the right to health as set out under the International Covenant on Economic, Social and Cultural Rights, also ratified by Malawi.
DISCLAIMER: The statements, views and opinions expressed in pieces republished here are solely those of the authors and do not necessarily represent those of TMS. In accordance with title 17 U.S.C. section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. TMS has no affiliation whatsoever with the originator of this article nor is TMS endorsed or sponsored by the originator. “GO TO ORIGINAL” links are provided as a convenience to our readers and allow for verification of authenticity. However, as originating pages are often updated by their originating host sites, the versions posted may not match the versions our readers view when clicking the “GO TO ORIGINAL” links. This site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use’, you must obtain permission from the copyright owner.
[…] in “engaging in homosexuality,” it was lauded by Human Rights Watch as “courageous” and by Amnesty International as “a step in the right direction.” A day later, Kasambara denied ever making the statement. As one of 36 African countries with […]