Maravi

(NYASATIMES) Rights campaigners says Malawi should legalise same-sex marriage

COMMENT - Although I absolutely endorse the right of any person to privacy in their own home and to associate with which ever consenting adult they choose, I can't help thinking that this was also a publicity stunt. And although I applaud even publicity stunts, it would be more honest to know who was behind it. Skipping directly to gay marriage while homosexuality is illegal seems like a big leap. Certainly this is a lot more positive an action than the secretive means to introduce a 'hang the gays' bill in Uganda by Yoweri Museveni and the American evangelicals. Still, it feels like foreign interference. Meaningful change in the law should be driven by the Malawian people, for it to gain broad acceptance. I am not gay, but just as I don't want anyone to tell me what to do in private, I am certainly not going to tell any other consenting adults what to do in private.

Rights campaigners says Malawi should legalise same-sex marriage
By Nyasa Times
Published: December 29, 2009

Five private practice lawyers were on Tuesday reportedly working to defend a gay couple arrested for conducting a first public same-sex wedding ceremony on Saturday while human rights campaigners called for a repeal of the laws that prohibits homosexuality.

Tionge Chimbalanga, the bride and Steven Monjeza, the bridegroom (pictured by The Nation) have been charged with “public indecency”, according to police spokesman for southern region, Davie Chingwalu. They face up to 14 years in prison if convicted.

But vocal human rights campaigner, Undule Mwakasungura told the BBC’s Network Africa programme that Malawi should deepen the debate on homosexuality and same-sex marriages.

“The law in Malawi does not allow homosexuality and therefore this gay marriage is in conflict with the law. The police have not overreacted but just conducting their duties within the law,” he said.

“The gays have rights as citizens but rights must not be in conflict with the laws of the land. And Rights should also go with responsibilities in terms of following the laws, behaving as human beings and being responsible citizens,” said Mwakasungura who is director of Centre for Human Rights and Rehabilitation (CHRR).

He however pointed out that Malawi as a nation should strongly consider human rights and freedoms of the gay people so that they enjoy their rights equality before the law.

“And that should be done through amending our laws to accommodate homosexuality. Let us open up an inclusive somber debate on the issues so that at the end of the day we have a national consensus,” said the rights campaigner.

“We cannot afford to continue discriminating the homosexuals. This gay marriage has shown that homosexuality is among us and we cannot continue to pretend. We need to adjust to accommodate this group of human beings,” said the rights campaigner.

“But also these are lessons for us to deepen the debate of legalizing homosexuality in view that efforts to fight HIV and Aids cannot be achieved without recognizing the rights of groups such as the gay citizens.”

Speaking on the same programme, Chingwalu said homosexuality is illegal.

“Homosexually is not accepted according to laws of Malawi. The law is not outdated, it is in the penal code section 156 forbids two male doing homosexuality.”

Chingwalu said the pair was being held in separate cells to prevent them having their honeymoon in custody.

“They slept in separate cells because they have been suspected of committing homosexuality activities which is illegal. We thought of keeping them in different cells.”

Crispin Sibande a human rights lawyer told BBC Focus on Africa Tuesday evening that while homosexuality is forbidden by law, it is not illegal to say one is a gay.

“It is not illegal to say that you are a gay I expected one to be arrested if he is charged to have sexual intercourse against the order of nature. That means any state authority has to prove in court that this person had sex against the order of nature or has in gross indecency with another person,” said Sibande.

“We have some difficulties with our penal code as well as with our constitution when we look at human rights issues that are enshrined in our constitution. Here we have two individuals they are expressing their sexual orientation.

“In a democratic era like what we believe in, if you are arresting people based on their sexual orientation are you doing justice to the fundamental human rights to these individuals.”

According to BBC’s Raphael Tenthani, Tiwonge and Steven “were still relaxing at Blantyre police station with Tiwonge the bride still wearing the engagement dress ho wore during the engagement. They may have to spent more days behind bars for the judiciary in Malawi is on Charismas recess and the couple can only have their only day in court on Monday next week.”

Labels: BBC, HOMOSEXUALITY, MALAWI

posted by MrK @ 9:01 AM