homosexuality exists in mw prisons—lucius banda

By Anthony Kasunda (Nation Online)

April 23, 2007: The words ‘homosexuals’ and ‘lesbians’ were almost a taboo in Malawi and most parts of Africa. But in today’s fast modernised world, they are becoming common in our society.

Although it is not easy to come across a person in the country who can publicly declare that he or she is gay or lesbian, their existence cannot be ruled out.

One place where this act is reported to be rampant is in prisons. But it remains mere speculation as none of the inmates or Malawi Prisons Service officials has confirmed.

Balaka North Member of Parliament Lucius Banda, who spent more than two months at Zomba Maximum Prison, confirms that homosexuality, popularly known as “chikayidi” within the prisons, is rampant.

“Homosexuality is very common, in fact it is not a secret, there are couples in prisons,” he says. “I am a witness. One of my jobs in prison was to protect young boys who are the main victims of this act.”

He said the prison authorities convened a meeting to establish if what a newspaper article said about sodomy in prison was a true reflection of what was happening inside.

“I and some few friends attended the meeting and we made it clear to the authorities that homosexuality was rampant and in response, they separated the boys from the nyapalas.

“I tell you, we were in problems, the nyapalas wanted to beat us up because they said we had initiated that their ‘wives’ should be taken away from them,” he said.

Banda, a music icon, says it was a pity that as a country, the plight of prisoners is given a blind eye.

“It is a pity that no one seems to care but I tell you, at least everyday, you hear that someone has been taken to hospital for sexually transmitted diseases,” he laments.

But the MP was not sure whether condoms should be distributed to inmates saying: “I would say yes because they are really doing it but I would say no because it will be like legalising it. It’s a tricky situation.”

Prison authorities fail to come in the open to admit that homosexuality is practised just under their noses.

“We are not saying it does not exist in prison,” says Tobias Nowa, Malawi Prisons Public Relations Officer. “We hear from various quarters that homosexuality exists.”

“The problem is that the [victims of homosexual assault] do not come to us to complain for fear that their colleagues will be prosecuted and punished,” he says.

But when Nowa was reminded that at one time, the authorities at Zomba Prisons including him, were told about the existence of sodomy and that they acted swiftly, he said: “You know, as the official spokesperson, I know what to say and what not to say. So whatever you hear from ex-prisoners like Honourable Banda should not be officiated,” he said.

Under the laws of Malawi, homosexuality is a punishable offence. Delegates to the constitutional review conference last week agreed to maintain the illegality of homosexual in the country.

Banja La Mtsogolo (BLM) has brought a new twist to the debate of the existence of homosexual activities in prisons. According to BLM, condoms should be legalised in prisons.

Why legalise condoms in Prisons? BLM Country Director Walker Jiyani told a news conference recently in Blantyre that studies have shown that homosexuality exists among inmates.

Jiyani was speaking at the end of BLM’s Health in Prisons Services Project which was being funded by British Department for International Development (DFID) through Malawi Access to Safety, Security and Justice (MASSAJ.

But it does not mean that all the prisoners involved in homosexuality are gay. Jiyani observes that some are pushed into the act because they are locked away from their spouses.

He added: “Because of that, we would have loved to see condoms used in prisons to control STIs but the law doesn’t permit it.”

A renowned human rights activist Emmie Chanika says it would not be wise to distribute condoms among the inmates for use in prisons.

“I say no to condom distribution in prisons for the sake of our innocent male species. This will encourage the culprits to rape our boys and men who are in prison,” she says.

Chairman for Prison Inspectorate Justice George Chimasula Phiri says although it is difficult to break through on matters of homosexuality in prisons, the belief is there that it happens.

“In the interest of preventing the spread of HIV/Aids, it is very important to give them condoms but on the other hand, it would grow to a larger extent. It’s like we are saying you can go ahead, its legalised by distributing condoms,” says Chimasula Phiri.

The High Court judge says prisoners themselves were a stumbling block because they have never heeded calls from the Inspectorate to lodge complaints if there experience any type of assaults.

Nowa prayed that the law that governs the operations of the Prisons should be amended to legalise the distribution of condoms, otherwise he says:

“We cannot distribute condoms to prisoners when we know that homosexuality is an offence. But we call upon researchers to do a research and publicise the findings so that we come up with an official stand on homosexuality.”

He said his department has invited officials from Prison HIV/Aids programme in Sadc based in South Africa to come and conduct the research and an official stand would be drawn from the results.

Nowa says at the moment, the prison authorities in collaboration with BLM distribute condoms to prisoners who have finished serving their sentences for use at their homes.

Secretary for Health responsible for HIV/Aids Mary Shawa said government could not exactly say what they are going to do because Malawi Prison Service has not come in the open to declare if they have a problem of homosexuality.

Shawa, however, said one of the duties of organisations involved in reproductive health service delivery, especially those related to HIV/Aids, is to provide preventive measures one of which are condoms.

“So it’s up to the Prison Service to tell us about the matter and how it can be handled,” she said, adding that homosexuality remains an offence in the country.

Chanika, an executive director for Civil Liberties Committee (Cilic), suggests that inmates interested in homosexual activities should be separated from others.

“The problem in Malawi prisons is that there is lack of control. Like at Chichiri or Zomba, 2,000 prisoners are locked up with no guards’ cubicle inside that large complex.

“Let us sort out the mayhem in the prison cells and then you can distribute your condoms if you prove that our boys and men will not be forced into homosexuality. Or simply, put the homos together,” suggests Chanika.

Chairperson for Public Affairs Committee (Pac), a religious grouping, Fr Boniface Tamani says morally, it is unacceptable to distribute condoms in prisons or otherwise.

Tamani, whose Roman Catholic church condemns any use of condoms, says the problem is that condom manufacturers and distributors do not explain that the sheaths are not 100 percent effective.

He said homosexuality exists and prisons are not exceptional but added that some people are born gay as an abnormality which he said should not be encouraged.