MALAWI SUSPEND HOMOSEXUAL LAWS

Malawian Justice Minister Ralph Kasambara has disclosed that laws criminalizing same sex sexual conduct in the country are suspended pending a decision on whether or not to repeal them is a historic step in the fight against discrimination in the country.

He further stated that he wants a public debate before the laws are laid before Parliament to decide whether to keep it or not.

 Criminalization of individuals on the basis of their real or perceived sexual orientation or gender identity violates Malawi’s obligations under treaties it has ratified.

These include the International Covenant on Civil and Political Rights, the African Charter on Human and Peoples’ Rights and the Malawian Constitution.

Theses laws obligate Malawi to respect and protect freedom from discrimination, freedom of conscience, expression and right to privacy Mr. Kasambara stated in addition. 
              

                                      Amnesty International happy about the move

Meanwhile, Amnesty International welcomed the move from the Malawian Government encouraging the Government to protect fundamental human rights.

“Amnesty International welcomes Minister Kasambara’s statement and hopes it serves as the first step towards ending discrimination and persecution based on real or perceived sexual orientation and gender identity in Malawi,” said Noel Kututwa, Amnesty International’s southern Africa director.

“We urge the government not to lose momentum on this basic human rights issue and to ensure the full repeal of these discriminatory and hate-filled laws,” said Noel Kututwa. 

He stressed further that Criminalization of individuals on the basis of their real or perceived sexual orientation or gender identity violates Malawi’s obligations under treaties it has ratified, including the International Covenant on Civil and Political Rights, the African Charter on Human and Peoples’ Rights and the Malawian Constitution.

Amnesty International is encouraging the Malawian Government to conform to these treaties in order protects its citizens from discrimination, freedom of conscience, expression and right to privacy.

                                          The Malawi Penalty Code

Sections 153 and 156 respectively of Malawi’s Penal Code criminalize same sex sexual conduct between men and those convicted face up to 14 years imprisonment, with or without corporal punishment.

Section 137A of Malawi’s Penal Code also criminalizes “indecent practices between females,” with anyone found guilty liable to a prison term of five years. 

Many believe this issue is going to be difficult to deal by the Parliamentarians as there so many contradictions regarding this issue.

In 2010, two persons were sentenced to 14 years imprisonment in Malawi on charges related to same sex sexual conduct but they were later pardoned following international condemnation.