CONSTITUTIONAL COURT DECIDES FATE OF DETAINED GAYS

By Simangele Mzizi (BTM intern)

ALL AFRICA – 03 February 2010: All eyes are on the February 5 court appearance of Steven Monjeza and Tiwonge Chimbalanga, where the Malawian constitutional court is expected to consider the legality of the country’s anti-gay laws and the validity of their prosecution.

Meanwhile gay rights groups are appealing against the human rights violations and laws criminalising homosexuality, to be repealed in Malawi and Uganda.

In a joint statement, African civil society organisations state their “deep” concern about the imprisonment and prosecution of Monjeza and Tiwonge under the provisions of Malawi’s penal code.

“We further call on Malawian authorities to drop all charges against both men and repeal sections 153 and 156 of the penal law”, the statement reads.

Monjeza and Chimbalanga were arrested on 28 December 2009, following their traditional symbolic marriage and were charged with gross public indecency, an offence which carries a sentence of up to 14 years. They are being held in Chichiri Prison in Blantyre.

Charges against Monjeza and Chimbalanga have caused a widespread fear among persons engaged in same sex relations, according to the statement.

“The arrest and prosecution of Monjeza and Chimbalanga is a violation of the fundamental rights enshrined in the Malawian Constitution”, it further stated.

In addition, another group of individuals and organisations campaigning against hate crimes has drafted a letter to Ugandan President Yoweri Museveni calling for the Anti Homosexuality Bill to be completely scraped as it violates human rights.

“We ask your Parliament to withdraw this Bill and to amend the Penal Code to respect the dignity, equality and privacy of lesbian, gay, bisexual, transgender and inter-sex people. The proposed Bill and existing Penal Code promotes and sponsors hate crimes against homosexuals and sexual minorities”, reads the statement.

According to Professor Sylvia Tamale Dean of Law at Makerere University, the Bill is in conflict with the Constitution of Uganda and international instruments such as the African Charter on Human and Peoples’ Rights and the Universal Declaration of Human Rights.

The presidential letter concurs with Tamale as it states that the Bill “proposes to place Uganda outside of international law and therefore undermines confidence in its entire system of foreign relations and the deliberate incitement of hate would place Uganda among legal systems with no justice.”

It further dispels the myth which equates homosexuality with bestiality and paedophilia as a “misguided and an unjust stereotype.”

Meanwhile a statement released by The Rainbow Project (TRP) in Namibia has also condemned the Ugandan Anti-homosexuality Bill and Malawian gay arrests as a violation of human rights.

“The proposed Bill and Penal Code in Uganda and gay arrests are irreconcilable with universal and African values of dignity, equality and freedom. These laws deliberately persecute individuals on the basis of their sexual orientation and infringe on the basic human rights of all persons nationally, regionally and internationally”, TRP’s statement reads.

 “We are in solidarity with the LGBTI community in Uganda and Malawi and call upon its leadership and member states to uphold the rights of all people irrespective of their sexual orientation or sexual preference”, said Madelene Isaacks, Interim Director for RTP.

The Rainbow Project is planning a solidarity march on 2 February 2010,which will commence from their offices to Zoo Park (independence Avenue- CBD), and has invited all its beneficiaries, human rights institutions, human rights activists and sympathisers to join the solidarity march.

 “Our tasks are to overcome the real deprivations caused by hunger, ill-health, unemployment, unequal education, violence, unfair trade and labour practices. These are the real factors tearing at our social fabric, not the existence of homosexuals who have formed part of all societies at all times”, the statement concludes.