Malawi Gays Backflip
May 30th 2010 08:07
:
Human Rights
May 29, 2010, Cape Town
Today's order for the unconditional pardon and immediate release from prison of Tionge Chimbalanga and Steven Monjeza by Malawian President and African Union Chairperson Bingu wa Mutharika is a welcome one.
The two have been serving a sentence of 14 years imprisonment with hard labor for their convictions under the Malawi Penal Code prohibitions on "unnatural offences" (Section 153) and "indecent practices between males" (Section 156). They have been in custody since their arrest in December.
President wa Mutharika made the announcement in a joint press conference in Lilongwe with United Nations Secretary General Ban Ki-Moon.
"We commend President Mutharika for arriving at a decision that prevents two innocent people from spending years in prison without just cause," said Cary Alan Johnson, Executive Director of the International Gay and Lesbian Human Rights Commission. "This pardon should be seen as a significant challenge to laws and proceedings that are inherently unfair. However, it should not require a presidential intervention for lesbian, gay, bisexual and transgender Malawians to obtain justice.
"We applaud President Mutharika for this bold decision," said Gift Trapence, Executive Director of the Center for the Development of People. "As Chairperson of the African Union, his actions should set a precedent for African leaders to respect, protect and fulfill the rights of all Africans, including lesbian, gay, bisexual and transgender persons. We hope that the President now pardons all Malawians imprisoned on the basis of sexual orientation or gender identity, that the judiciary overturns all such convictions, and that the government ensures the constitutional rights to equality and non-discrimination for all.
For more information, see the Malawi archive of IGLHRC at:
www.iglhrc.org
The International Gay and Lesbian Human Rights Commission (IGLHRC) and the Malawi Center for the Development of People (CEDEP) are outraged by the sentence of 14 years with hard labour imposed today by a Malawian court on Tiwonge (Tionge) Chimbalanga (20) and Steven Monjeza (26).
The Magistrate's Court in Blantyre imposed the maximum sentence following the conviction of the two on May 18 for unnatural offences and indecent practices between males under Sections 153 and 156 of the Malawi Penal Code.
"This harsh sentence compounds the impact of an already unjust conviction," said Chivuli Ukwimi, IGLHRC Health and Human Rights Officer. "Its devastating effect on Steven and Tionge is just the beginning. It will endanger lives by driving at-risk communities underground, beyond the reach of programs to address HIV and AIDS."
In his ruling, Judge Nyakwawa Usiwa-Usiwa stated, "The engagement and the living together as husband and wife of the two accused persons, who are both males, transgresses the Malawian recognized standards of propriety since it does not recognize the living of a man with another as husband and wife. Both these acts were acts of gross indecency."
These views were similar to those expressed by the State Prosecutor, Barbara Mchenga, who asked the court to "consider the scar this offence will leave on our morality."
Dunker Kama, Administrator of CEDEP, responded by stating, "There is nothing immoral or indecent about love. The only thing immoral or indecent is throwing innocent people in jail for more than a decade."
The harsh sentence sends a negative message to lesbian, gay, bisexual and transgender (LGBT) Malawians who already face discrimination and persecution. It is also likely to have an adverse effect on much needed efforts to address HIV and AIDS.
"The government of Malawi has double standards," said Gift Trapence, CEDEP Director. "Its own national strategic framework on HIV/AIDS includes men who have sex with men. Now, it is imprisoning them."
This case and the criminalization of homosexuality in the Malawi Penal code amount to a violation of the human rights and protections to which Malawi is ostensibly committed through its own constitution and the regional and international human rights treaties to which it is party.
IGLHRC and CEDEP will continue to support Monjeza and Chimbalanga, including an appeal of this verdict and the repeal of all laws that unjustly discriminate against LGBT Malawians.
A 14 year jail sentence with hard labor for homosexuality, was handed down today against Steven Monjeza and Tiwonge Chimbalanga in Blantyre, Malawi.
Government ministers 'deeply dismayed' by Malawi gay conviction
By Staff Writer, PinkNews.co.uk May 20, 2010 - 14:58
Undule Mwakasungura, director of the Centre for Human Rights and Rehabilitation in South Africa told the South Africa Press Association: This conviction and sentence raises serious concerns regarding the human rights of all individuals in Malawi - protecting human rights is not a western issue, it is a Malawian issue.
The couple's lawyers have said they will appeal the sentence. They previously argued for a non-custodial punishment, auguring that no one had been harmed by the couple's actions.
(Cape Town, May 18, 2010) - The International Gay and Lesbian Human Rights Commission (IGLHRC) and the Malawian organization the Center for the Development of People (CEDEP) condemn today's conviction by a Magistrate Court in Blantyre, Malawi of Tiwonge ("Tionge") Chimbalanga and Steven Monjeza for "unnatural offences" and "indecent practices between males" under Sections 153 and 156 of the Malawi Penal Code.
The Court is expected to sentence the two on May 20th and issue the full judgment within three weeks. Chimbalanga and Monjeza face up to fourteen years in prison with the possibility of hard labour.
"By ignoring basic standards of evidence, this ruling undermines Malawi's commitment to the rule of law and jeopardizes the human rights of all Malawians," said Chivuli Ukwimi, Health and Human Rights Officer of IGLHRC. "In a context of escalating persecution of LGBT Malawians, this decision damages life-saving efforts to address HIV and AIDS."
Monjeza and Chimbalanga have been held in Chichiri Prison in Blantyre since December 28, 2009, when they were arrested after a traditional engagement ceremony attended by family and friends.
Following their arrest, Chimbalanga was forced to undergo an involuntary anal examination and both were forced to undergo an involuntary psychiatric evaluation. The two were repeatedly denied bail - a decision severely criticized as unjust by the Malawi Law Society.
There have been reports of the Court allowing the couple to be subjected to humiliating treatment during the trial, including being mocked for their relationship by trial attendees and being forced to clean up vomit after one of them became ill.
Today's ruling is part of a broader pattern of mounting pressure and persecution on LGBT people by authorities in Malawi. This persecution has come from the highest levels of government. On April 23rd, President Bingu wa Mutharika reportedly denounced homosexuality as "un-Malawian," "evil" and "disgusting" and linked it to corruption, violence, theft and prostitution.
Days later, on April 26th and again on the 27th, police appeared at a conference on the inclusion of lesbian, gay, bisexual and transgender (LGBT) populations in HIV/AIDS programming. Police demanded the names of conference organizers, seized copies of the conference program, and inquired about specific individuals believed to be in attendance. Police refused to present a warrant or justification for the intimidation.
Speaking after today's decision, Dunker Kamba, Adminstrator of CEDEP, said, "This judgment is going to drive the gay community further into hiding. It is not only a ruling against Steven and Tionge but the whole LGBT community in Malawi and Africa."
These incidents violate the Constitution of Malawi and the human rights treaties to which Malawi is a party. The continued discrimination and persecution of people on the basis of their perceived sexual orientation or gender identity threatens to undermine the right to privacy, the right to non-discrimination and equality before the law, and freedoms of assembly, association, opinion, and expression that all Malawians are entitled to enjoy.
Contact Information:
Gift Trapence, Director, CEDEP Blantyre
Mobile: (265) 888 50972; Email: gtrapence@yahoo.co.uk, directorcedep@yahoo.com
Cary Alan Johnson, Executive Director, IGLHRC (currently in Berlin)
Mobile: (347) 515 0330; Email: cjohnson@iglhrc.org
Jessica Stern, Director of Programs, IGLHRC New York
1- 212- 430-6014; Email: jstern@iglhrc.org
The mission of The International Gay and Lesbian Human Rights Commission (IGLHRC) is advancing human rights for everyone, everywhere to end discrimination based on sexual orientation, gender identity, or gender expression. A non-profit, non-governmental organization, IGLHRC is based in New York, with offices in Cape Town and Buenos Aires. Visit www.iglhrc.org for more information.
Today's order for the unconditional pardon and immediate release from prison of Tionge Chimbalanga and Steven Monjeza by Malawian President and African Union Chairperson Bingu wa Mutharika is a welcome one.
The two have been serving a sentence of 14 years imprisonment with hard labor for their convictions under the Malawi Penal Code prohibitions on "unnatural offences" (Section 153) and "indecent practices between males" (Section 156). They have been in custody since their arrest in December.
President wa Mutharika made the announcement in a joint press conference in Lilongwe with United Nations Secretary General Ban Ki-Moon.
"We commend President Mutharika for arriving at a decision that prevents two innocent people from spending years in prison without just cause," said Cary Alan Johnson, Executive Director of the International Gay and Lesbian Human Rights Commission. "This pardon should be seen as a significant challenge to laws and proceedings that are inherently unfair. However, it should not require a presidential intervention for lesbian, gay, bisexual and transgender Malawians to obtain justice.
"We applaud President Mutharika for this bold decision," said Gift Trapence, Executive Director of the Center for the Development of People. "As Chairperson of the African Union, his actions should set a precedent for African leaders to respect, protect and fulfill the rights of all Africans, including lesbian, gay, bisexual and transgender persons. We hope that the President now pardons all Malawians imprisoned on the basis of sexual orientation or gender identity, that the judiciary overturns all such convictions, and that the government ensures the constitutional rights to equality and non-discrimination for all.
For more information, see the Malawi archive of IGLHRC at:
www.iglhrc.org
The International Gay and Lesbian Human Rights Commission (IGLHRC) and the Malawi Center for the Development of People (CEDEP) are outraged by the sentence of 14 years with hard labour imposed today by a Malawian court on Tiwonge (Tionge) Chimbalanga (20) and Steven Monjeza (26).
The Magistrate's Court in Blantyre imposed the maximum sentence following the conviction of the two on May 18 for unnatural offences and indecent practices between males under Sections 153 and 156 of the Malawi Penal Code.
"This harsh sentence compounds the impact of an already unjust conviction," said Chivuli Ukwimi, IGLHRC Health and Human Rights Officer. "Its devastating effect on Steven and Tionge is just the beginning. It will endanger lives by driving at-risk communities underground, beyond the reach of programs to address HIV and AIDS."
In his ruling, Judge Nyakwawa Usiwa-Usiwa stated, "The engagement and the living together as husband and wife of the two accused persons, who are both males, transgresses the Malawian recognized standards of propriety since it does not recognize the living of a man with another as husband and wife. Both these acts were acts of gross indecency."
These views were similar to those expressed by the State Prosecutor, Barbara Mchenga, who asked the court to "consider the scar this offence will leave on our morality."
Dunker Kama, Administrator of CEDEP, responded by stating, "There is nothing immoral or indecent about love. The only thing immoral or indecent is throwing innocent people in jail for more than a decade."
The harsh sentence sends a negative message to lesbian, gay, bisexual and transgender (LGBT) Malawians who already face discrimination and persecution. It is also likely to have an adverse effect on much needed efforts to address HIV and AIDS.
"The government of Malawi has double standards," said Gift Trapence, CEDEP Director. "Its own national strategic framework on HIV/AIDS includes men who have sex with men. Now, it is imprisoning them."
This case and the criminalization of homosexuality in the Malawi Penal code amount to a violation of the human rights and protections to which Malawi is ostensibly committed through its own constitution and the regional and international human rights treaties to which it is party.
IGLHRC and CEDEP will continue to support Monjeza and Chimbalanga, including an appeal of this verdict and the repeal of all laws that unjustly discriminate against LGBT Malawians.
A 14 year jail sentence with hard labor for homosexuality, was handed down today against Steven Monjeza and Tiwonge Chimbalanga in Blantyre, Malawi.
By Staff Writer, PinkNews.co.uk May 20, 2010 - 14:58
Undule Mwakasungura, director of the Centre for Human Rights and Rehabilitation in South Africa told the South Africa Press Association: This conviction and sentence raises serious concerns regarding the human rights of all individuals in Malawi - protecting human rights is not a western issue, it is a Malawian issue.
The couple's lawyers have said they will appeal the sentence. They previously argued for a non-custodial punishment, auguring that no one had been harmed by the couple's actions.
(Cape Town, May 18, 2010) - The International Gay and Lesbian Human Rights Commission (IGLHRC) and the Malawian organization the Center for the Development of People (CEDEP) condemn today's conviction by a Magistrate Court in Blantyre, Malawi of Tiwonge ("Tionge") Chimbalanga and Steven Monjeza for "unnatural offences" and "indecent practices between males" under Sections 153 and 156 of the Malawi Penal Code.
"By ignoring basic standards of evidence, this ruling undermines Malawi's commitment to the rule of law and jeopardizes the human rights of all Malawians," said Chivuli Ukwimi, Health and Human Rights Officer of IGLHRC. "In a context of escalating persecution of LGBT Malawians, this decision damages life-saving efforts to address HIV and AIDS."
Monjeza and Chimbalanga have been held in Chichiri Prison in Blantyre since December 28, 2009, when they were arrested after a traditional engagement ceremony attended by family and friends.
Following their arrest, Chimbalanga was forced to undergo an involuntary anal examination and both were forced to undergo an involuntary psychiatric evaluation. The two were repeatedly denied bail - a decision severely criticized as unjust by the Malawi Law Society.
There have been reports of the Court allowing the couple to be subjected to humiliating treatment during the trial, including being mocked for their relationship by trial attendees and being forced to clean up vomit after one of them became ill.
Today's ruling is part of a broader pattern of mounting pressure and persecution on LGBT people by authorities in Malawi. This persecution has come from the highest levels of government. On April 23rd, President Bingu wa Mutharika reportedly denounced homosexuality as "un-Malawian," "evil" and "disgusting" and linked it to corruption, violence, theft and prostitution.
Days later, on April 26th and again on the 27th, police appeared at a conference on the inclusion of lesbian, gay, bisexual and transgender (LGBT) populations in HIV/AIDS programming. Police demanded the names of conference organizers, seized copies of the conference program, and inquired about specific individuals believed to be in attendance. Police refused to present a warrant or justification for the intimidation.
Speaking after today's decision, Dunker Kamba, Adminstrator of CEDEP, said, "This judgment is going to drive the gay community further into hiding. It is not only a ruling against Steven and Tionge but the whole LGBT community in Malawi and Africa."
These incidents violate the Constitution of Malawi and the human rights treaties to which Malawi is a party. The continued discrimination and persecution of people on the basis of their perceived sexual orientation or gender identity threatens to undermine the right to privacy, the right to non-discrimination and equality before the law, and freedoms of assembly, association, opinion, and expression that all Malawians are entitled to enjoy.
Contact Information:
Gift Trapence, Director, CEDEP Blantyre
Mobile: (265) 888 50972; Email: gtrapence@yahoo.co.uk, directorcedep@yahoo.com
Cary Alan Johnson, Executive Director, IGLHRC (currently in Berlin)
Mobile: (347) 515 0330; Email: cjohnson@iglhrc.org
Jessica Stern, Director of Programs, IGLHRC New York
1- 212- 430-6014; Email: jstern@iglhrc.org
The mission of The International Gay and Lesbian Human Rights Commission (IGLHRC) is advancing human rights for everyone, everywhere to end discrimination based on sexual orientation, gender identity, or gender expression. A non-profit, non-governmental organization, IGLHRC is based in New York, with offices in Cape Town and Buenos Aires. Visit www.iglhrc.org for more information.
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