legalize homosexuality says human rights body

By Frank Namangale, The Daily News (Malawi)

January 28, 2005: Malawi Human Rights Resources Centre (MHRRC) has proposed to Malawi Law Commission to legalise homosexuality in the country, currently an offence under the penal code.

The Centre, in a written proposal it wants to be considered during the national constitutional review, said penalties for homosexual practices provided for in the Penal code violated every person rights to freely choose his or her sexual orientation.

"(This is)" a recognised international human rights standard. Discrimination of persons in many forms is prohibited and all persons are, under any law; guaranteed equal and effective protection against discrimination on grounds of race, colour, sex, including sexual orientation." reads the proposal in part accessed by The Daily Times.

The Centre's Communications Officer John Soso Phiri confirmed in an interview yesterday that his organisation made the proposal in order to open public debate on the rights of gays and lesbians. "We should not pretend, those people are there and we want them to come out to fight for their rights. But before anything, we have to open people's minds and stir debate as a human rights body and that is why we made that proposal.

"We even hear that prisoners practice homosexuality and some within our society do that, so we don't have to turn our back to this and printed everything is okay. "We know it's a taboo, but our constitution guarantees some sex rights, and we want the same to be extended to these people," he said

He said being an offence punished by law, homosexuals fear to come out in an open. Phiri said the Centre would like to get feed back from people and said society was dynamic. He admitted that biblically homosexuality was evil but suid they were looking at the law. "Why does the same society allows a man to marry more wives? What we are saying is that these people do exists and their voice has to be heard," he said:

He said in South Africa, lesbian contested in the high court to be allowed to adopt children and that court ruled in their favour. He dismissed as untrue suggestion that the Centre might have received funding from some foreign countries where homosexuality is legalised for them to carry out that mission. "We are not working under anybody's influence. We are doing this on our own after looking at the law and people that get convicted for homosexuality," he said. Homosexuality in Malawi is a taboo and rarely discussed. The controversial proposal is likely to received heavy criticisms from the wide section of the society, especially the church. In other countries, like Sierra Leonne, where Sharai Law exists, people are killed for openly declaring that they are gay or lesbian. In South Africa, there have also been cases where members of the public have beaten up lesbians and gays. The Netherlands is among some of the European countries where homosexual is legalised. Gorvement postponed the national constitutional review, which was expected this mouth to a date to be communicated to allow more contributions from the society after rainy season.