CALL FOR MALAWIAN LAW REVIEW FOLLOWING GAY COUPLE’S ARREST

By Simangele Mzizi (BTM Intern)

MALAWI – 13 January 2009: A letter calling for the release of detained gay couple and the review of laws criminalising homosexuality is doing the rounds among gay rights groups for signatures, aimed to be sent to Malawian government  particularly President Bingu wa Mutharika.

Drafted by the International Gay and Lesbian Human Rights Commission (IGLHRC), the letter states that denial of bail for Steven Monjeza and Tiwonge Chimbalanga on the grounds that they are being protected from the hostile public, is justification for their ongoing incarceration

It also calls for the repeal of all laws that “legislate for discrimination on the basis of sexual orientation and are in violation of constitutional and international law.”

Monjeza and Chimbalanga were arrested on 28 December 2009, following their traditional symbolic marriage and were charged with gross public indecency under sections 153 and 156 of the Malawian Penal Code which carries a sentence of up to 14 years if convicted.

They appeared in court on Monday 4 January where they pleaded not guilty on charges against them. They were denied bail and Margistrate Nyakwawa Usiwausiwa allegedly told the court that the ruling was for their own protection as “the public out there is angry with them.”

As their trial continues their lawyers have also filed papers requesting the review of that country’s laws that criminalise homosexuality.

They argue that the arrests are discriminatory and are a violation of the couple’s rights to freedom of expression and conscience, as enshrined in the constitution.

The men were allegedly also sent for internal medical test to determine whether they had had anal intercourse, something that IGLHRC said sought to humiliate them further.

According to Reuters the Chief resident magistrate, Nyakwawa Usiwausiwa agreed with the plea for a constitutional review but ruled the case could be moved to the constitutional court only with the consent of the chief justice.

Talking about the case, Director of the Coalition of African lesbians Fikile Vilakazi said, “What we are getting is that the magistrate is in support of the gay couple and their request to review the laws even though society doesn’t agree.”

The two men are still being held at Chichiri prison and according to IGLHRC, their continued stay exposes them to more abuse and violation of their fundamental rights at the hands of fellow inmates and jailers.”

Amnesty International has also reportedly called for the unconditional release of the couple stating, “These young men need support from their community and government, not confinement to prison because of their sexual orientation and should be released unconditionally and supported to recover from this traumatizing experience.”