Malawi gay couple released from 14-year-sentence after UN Secretary’s visit
”The pardon only applies to the offence under which they were convicted. If, for example, they go back and the state is of the view that they have recommited the offence, the pardon will not apply.”
Mauya Msuku, lawyer for Steven Monjeza and Tiwonge Chimbalanga, two Malawi males who were arrested after engaging in a public same-sex wedding ceremony, and convicted of “unnatural acts” which carried a 14-year prison sentence. However, news today from the BBC is that the pair has been released, probably in part due to a visit by Ban Ki-moon, the UN Secretary General. Many others political and public figures had complained about the terribly unjust treatment of the two. Singer Madonna, who has adopted the country’s plight as a personal cause, cried out just last week for her millions of followers to speak out on the matter. It’s not clear where their relationship stads at this point, but the government is clearly not backing down from their anti-gay laws — laws that they share with most nations in Africa that severely punish homosexual acts. (BBC)
”This is a responsibility for governments and for the African Union. In that regard, it is unfortunate that laws that criminalize people on the basis of their sexual orientation or gender entity still exists in some countries. This outdated penal code [criminalizing homosexuality] should be reformed. This is what I have asked this Parliament. For this reason, I am very happy to report that in our discussions today with President Mutharika–President Mutharika announced officially that he would pardon two young men recently convicted of homosexuality and sentenced to 14 years of prison. This was a very courageous decision and I applaud the leadership of President Mutharika. I am confident that Malawi will take appropriate steps to update these laws in a way that lives up to international standards.” …
”That is what I have discussed, as I have just said. As a mater of principles, any discrimination or violence, harassment on the basis of perceived or real sexual orientation or gender entity or sexuality, [?] is against international human rights laws. It is unfortunate that in some countries these outdated laws still exists. These not only undermine basic human rights for all, they also have negative consequences in driving people underground? which will it very difficult for the international community to support and care and cure HIV/AIDS patients. Therefore, I am urging again parliamentarian leaders and government leaders [to] repeal and reform these outdates laws. I am very glad that President Mutharika is committed [to this] by first pardoning these two young boys.”
”Each and every Member State has their own domestic laws, regulations and even traditions, religious beliefs and convictions. That we respect. But when those regulations, laws and traditions [?] are not consistent with basic international human rights laws, basic standards, it is the responsibility of the leaders to reform or change or adapt so that those traditions and rules and regulations can live up international standards. President Mutharika told me that it was not because of foreign pressure. But he is exercising his presidential power. All heads of states have their own presidential power to pardon or give amnesty in accordance with their constitutional procedures. That is what President Mutharika did. That is why I have the parliamentarians this afternoon in my speech to seriously consider taking necessary and appropriate measures to amend these existing laws.”
UN Secretary General Ban Ki-moon speaking with reporters in Malawi about a couple recenty convicted and jailed for homosexuality. (United Nations / Off the Cuff)
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