Nyasa Rainbow Alliance comes to defence of LGBTI community against anti-homosexuality law in Malawi

Demonstrations against legalizing sex marriages

* Malawi anti-homosexuality law does not only contravene rights and fundamental freedoms enshrined in the Constitution

* But also those under regional and international human treaties which Malawi has ratified

* Including the African Charter on human rights, the International Covenant in Civil and Political Rights, among others

By Chifundo Mkwanda, correspondent

Human rights campaigners, Nyasa Rainbow Alliance — in conjunction with lesbian, gay, bisexual, transgender and intersex (LGBTI) community in Malawi — they say LGBTI’s is a right not to be discriminated against on the basis of ones status.

In a joint statement, it takes cognizance that section 153 of Penal code prohibits any person from indulging in sexual intercourse against the older of nature, but this section of the Law is only targetting the LGBTIQ community.

They added that Malawi anti-homosexuality law does not only contravene rights and fundamental freedoms enshrined in the Constitution of the Republic but also those under regional and international human treaties which Malawi has ratified — including the African Charter on human rights, the International Covenant in Civil and Political Rights, among others

They further say Malawian culture, traditional and religion should not be used to justify the denial of basic rights to the minority groups in the country, saying “this is in contrary to the Constitution which guarantees to everyone the right to equal protection and to be recognised as a person before the law”.

“The way in which adults lead their lives, including consensual relationship in the privacy, should never be a matter of state interference,” said the statement. “We emphasise that our organisation does not support any act of subjecting any person to unwanted or improper sexual advances or activity.

“Our position is that culture, religion and tradition can never justify the denial of basic human rights guarantees enshrined in the Republican Constitution because Malawi is a secular state which is governed by the rule of law, not majority or religious doctrines.”

Last year, when asking the Malawi Government to repeal laws that criminalize same-sex relations between consenting adults, Nyasa Rainbow Alliance, revealed that there have been persistent reports of human rights violations of lesbians, gays, bisexuals, transgender and intersex (LGBTI+) people.

These include being perpetrated by the police through unlawful detention, extortion, threats of disclosure of confidential information, denial of legal protection as well as physical violence in detention.

Acting on behalf of the community of LGBTI people, NRA said at a press conference that that “due to failure by the Government to repeal laws that criminalize consensual same sex relationships between two consenting adults in private, the LGBTIQ+ persons continue to face homophobic violence, arbitrary arrest and detention, harassment, discrimination, sexual violence, extortion and other abuses”.

“Arrests on the basis of sexual orientation or gender identity occur frequently in most parts of Malawi, especially in areas where homophobia and transphobia exist. Thus, the police have been making frequent arrests of LGBTIQ+ people simply because they are lesbians, gays, bisexual, transgender, and intersex among others.

Meanwhile, Malawi Human Rights Commission (MHRC), has bemoaned high levels of stigma against minority groups in the country especially LGBTIQ+ community.

Victor Khwima, MHRC’s regional human rights coordinator for the South disclosed this on Wednesday when his organisation held an awareness meeting with various stakeholders at district level in Mangochi.

Khwima said the awareness meeting was aimed at sensitising participants so that they work together with his organisation in reducing stigma and discrimination against the minority groups.

“When we are talking about the minority groups, there are several categories for example people living with HIV, the elderly, LGBTQIA+ among others,” he said.

“We have realized that as MHRC, there is too much stigma on these groups more especially the LGBTQIA+ and we would like therefore through this awareness meeting to work together with communities to ensure that we bring sanity thereby put an end to discrimination or stigma of people in this category.”

He further said throughout the deliberations, it was observed that discrimination indeed exists against such kind of people even though people understand how things are on the ground.

“But all in all, we came to a consensus that we are not promoting other kinds of behaviors but we realise that we have such kind of people among us. These people have rights that need to be respected and promoted because they are also human beings despite their status.”

Taking his turn, Mangochi District interface pandemic committee chairperson, Sheikh Abdula Kaposa said as religious leaders, they understood the issues at hand, saying they also believe that religion is peace for every creation.

“As religious leaders, we promote peace. As such we are always working at ensuring that everyone is treated equally. People have various rights and they need access various things even if they seem not to be Godly,” Sheikh Kaposa said.

The awareness meeting was done with funding from the Canadian Fund for Local Initiatives.

There had been demonstration continue calling on the judiciary not to legalize same sex marriages, which was first started by religious bodies in Malawi being promoted by some organizations, including Nyasa Rainbow Alliance.

At a press conference by Christian mother bodies — comprising Episcopal Conference of Malawi (ECM), Malawi Council of Churches (MCC) and the Evangelical Association of Malawi (EAM) — disclosed that the Constitutional Court of the High Court was to sit on May 23 in Blantyre to determine whether organizations promoting same sex relationships should be legalized in Malawi.

This followed by a demonstration on May 22 organised by faith leaders in Chitipa who marched to the District Council offices where they delivered a petition expressing their stand against homosexuality and same sex marriages.

It was followed by another peaceful march on June 2 by the clergy in Mzuzu led by Bishop Agape Chidzanjankhoma of Charismatic Redeemed Ministries said legalising same sex unions in the country is the same as accepting sin to be a part of Malawian life.

In his remarks, national executive member for the Muslim Association of Malawi, Sheikh Saidi Mzumara said countries like Uganda, The United Arab Emirates and Saudi Arabia are against this practice and Malawi should follow suit.

“We should not bow down to pressure from donors who want to force us to accept a practice which is sinful in all religions,” he said. “Let me also say that we are not trying to influence the decision of the court on a case which is ongoing about the same issue but we just want to say that humans do not have the authority to change God’s law.”

The demonstrations have apparently been instigated by the ongoing court case in which two applicants, Willem Akster and Jana Gonani, who want the court to declare the country’s same sex laws should remain unconstitutional.—Additional reporting by Steve Chirombo, Kumbukani Makwiti & George Mponda, MANA