www.nyasatimes.com/2014/07/11/gays-not-facing-arrests-in-malawi-solicitor-general-tells-un/
Malawi is not arresting people for same-sex acts until the anti-gay laws are reviewed, Secretary for Justice and Solicitor General Janet Chikaya-Banda told the United Nations Human Rights Committee in Geneva on Wednesday.
Banda was formally responding to the committee’s
inquiry in the findings of the Law Commission with
regard to the review of the Penal Code, in particular
sections 137(A), 153, and 156, that criminalise
consensual same-sex intimate activity.
UN committee asked Malawi to explain its position on progress to decriminalize homosexuality.
Secretary for Justice and Solicitor General told
committee that the review of laws that criminalise
consensual same sex was stalled due to lack of
financial resources.
However, Banda told the committee that there was
political will to deal with the matter.
Banda said those involved in homosexual acts are
not pursued by law enforcers and that a special law
commission has not been empanelled to look at the
pieces of legislation that criminalise same sex.
Malawi’s government is moving to suspend laws
against homosexuality and in 2012 issues a
moratorium where it ordered police not to arrest
people for same-sex acts until the anti-gay laws are
reviewed by parliament.
Anyone convicted under Malawi’s anti-gay laws,
some of the toughest in the world, can get up to 14
years in jail with hard labour.
Centre for the Development of People (Cedep)
executive director Gift Trapence claimed to the
committee that there is growing homophobia in
Malawi against homosexuals.
But the report submitted by Banda said : “Malawi
has not set up a mechanism to specifically monitor
cases of violence based on intimate orientation nor has it set up awareness-raising campaigns on the same.”
It adds: “All cases of violence are handled in the
same way regardless of the cause or alleged basis of the violence.”
Taxpayer-funded Malawi Human Rights Commission
(MHRC) chairperson Sophie Kalinde told the
committee Malawi Government should be
commended for opening up the issue of same sex.
Traditionalists and religious leaders in Malawi
strongly oppose moves to legalise same-sex acts,
arguing that homosexuality is alien to Malawi’s
cultural and religious values.
But Human Rights Watch points out that arresting
people for consensual same-sex conduct violates
international human rights standards and
constitutional guarantees of equality in many
countries.
Malawi is not arresting people for same-sex acts until the anti-gay laws are reviewed, Secretary for Justice and Solicitor General Janet Chikaya-Banda told the United Nations Human Rights Committee in Geneva on Wednesday.
Banda was formally responding to the committee’s
inquiry in the findings of the Law Commission with
regard to the review of the Penal Code, in particular
sections 137(A), 153, and 156, that criminalise
consensual same-sex intimate activity.
UN committee asked Malawi to explain its position on progress to decriminalize homosexuality.
Secretary for Justice and Solicitor General told
committee that the review of laws that criminalise
consensual same sex was stalled due to lack of
financial resources.
However, Banda told the committee that there was
political will to deal with the matter.
Banda said those involved in homosexual acts are
not pursued by law enforcers and that a special law
commission has not been empanelled to look at the
pieces of legislation that criminalise same sex.
Malawi’s government is moving to suspend laws
against homosexuality and in 2012 issues a
moratorium where it ordered police not to arrest
people for same-sex acts until the anti-gay laws are
reviewed by parliament.
Anyone convicted under Malawi’s anti-gay laws,
some of the toughest in the world, can get up to 14
years in jail with hard labour.
Centre for the Development of People (Cedep)
executive director Gift Trapence claimed to the
committee that there is growing homophobia in
Malawi against homosexuals.
But the report submitted by Banda said : “Malawi
has not set up a mechanism to specifically monitor
cases of violence based on intimate orientation nor has it set up awareness-raising campaigns on the same.”
It adds: “All cases of violence are handled in the
same way regardless of the cause or alleged basis of the violence.”
Taxpayer-funded Malawi Human Rights Commission
(MHRC) chairperson Sophie Kalinde told the
committee Malawi Government should be
commended for opening up the issue of same sex.
Traditionalists and religious leaders in Malawi
strongly oppose moves to legalise same-sex acts,
arguing that homosexuality is alien to Malawi’s
cultural and religious values.
But Human Rights Watch points out that arresting
people for consensual same-sex conduct violates
international human rights standards and
constitutional guarantees of equality in many
countries.
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