On 21 May 2010 the AFP reported that UN High Commissioner for Human Rights Navi Pillay slammed as "blatantly discriminatory" the jailing of a gay couple in Malawi, the day after they were sentenced to 14 years hard labour. Tiwonge Chimbalanga and Steven Monjeza were arrested in December 2009 under Malawi’s sodomy laws over their illegal same-sex wedding and violating the ‘order of nature’. They were convicted of ‘gross indecency’ and ‘unnatural acts.’
United Nations Representative on Human Rights
"Laws that criminalise people on the basis of their sexual orientation are by their nature discriminatory, and as such are in apparent violation of a number of key international treaties and instruments," Pillay said in the AFP report. “It sets an alarming precedent for the treatment of homosexuals in the region.”
Director of Malawi's Centre for Human Rights and Rehabilitation, Undule Mwakasungura was reported as saying that sentence would drive gays into hiding. The sentiment was echoed by Pillay, who warned of the effect the ruling would have on the fight against AIDS. "It is a question of fundamental rights, not one of geography, history or disparate cultures," she said.
Reaction From Around the World
Queen of Pop Madonna has involved herself in the debate. She is reported in the Belfast Telegraph as demanding the sentence be challenged "in the name of human dignity". Madonna described the ruling as a "giant step backward,” calling upon “the progressive men and women of Malawi - and around the world - to challenge this decision in the name of human dignity and equal rights for all." Madonna is known for her interest in Malawi, from where she has adopted two children.
The US Department of State’s reaction was to the conviction that it views “the criminalisation of sexual orientation and gender identity as a step backward in the protection of human rights in Malawi," while an Irish government spokesperson said that "we are working with our partners for a strong EU response", according to an Inquirer.net report.
The Laws of Malawi
Homosexuality is illegal in Malawi as it is in most African countries. South Africa is the only country on the continent to recognise same-sex marriages. Using very graphic language to describe the charges, the sentencing judge made it quite clear where the power in the matter lay in this conservative society.
Minister of information in the Malawi Government, Leckford Mwanza Thotho was quoted by Voice of America on 18 May 2010 as saying that his government is pleased with the conviction. Western countries should understand Malawi’s situation and should not use the threat of withholding aid to force Malawi to accept homosexuality,” he said. “The Malawian government has every right to defend its constitution and protect its citizens.”
Thotho draws a comparison with polygamy in the West. “… if polygamy is not allowed in America and we have not forced you to do that for the sake of human rights…so, if other countries allowed polygamy, and we say you have to allow polygamy for the sake of human rights, we are not doing fair to your situation in America. So, it’s the same thing with our country. Homosexuality is a taboo in Malawi.”
The Protestant Church in Malawi has defended the government’s hardline policy, describing homosexuality as ‘un-Christian”.
Sources
Belfasttelegraph.co.uk, Madonna slams Malawi couple jailing, Accessed 21 May 2010
Newsinfo.inquirer.net, Malawi gay couple sentenced to 14 years in prison for wedding, Accessed 21 May 2010
Voanews.com, Malawi Government Pleased with Homosexual Couple Conviction, Accessed 21 May 2010
Brian Cross - Brian is a feelance writer specialising in content for the corporate sector, based in Wellington, New Zealand.
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