Maravi

(NYASATIMES) Where the gay live in the closet

Where the gay live in the closet
By Nyasa Times
Published: January 22, 2010

The story about the arrest of the first gay couple to be married in Malawi just brought to light one flaw in our fundamental Human and Constitutional Right. The negative reporting around this issue is scathing and will lead to many gays going deeper into the closet.

Section 20 of Malawi supreme Constitution notes that no person may be discriminated against based on sexual orientation. Addendum to this, Section 22(3) states that all men and women have a right to marry and the types of marriages are prescribed in subsection 5. Section 33 mentions about freedom of conscience, belief and thought.

As a human rights activist, I admit that my views are somehow a skewed towards the down-trodden. But then if we advocate to “freedom” then nothing should condition those choices apart from the limitation clauses contained in Section 44 of the Constitution.

Currently, it is illegal to have same-sex marriage in Malawi (printed verbatim). Sections 153 and 156 of the Malawi Penal Code criminalise homosexuality and sodomy and anyone convicted of such offences faces 14 years in jail. Clearly one can tell that this code is contradicting the rights intertwined in the Supreme Constitution hence evoking the Constitutional Court to declare that law unconstitutional in terms of Sections 199 and 200.

In most African countries there are similar laws but there is still a thriving community. While same-sex relationships are allowed in other countries; few have legalized same- sex marriages. In our country, it is a taboo to be in a same sex relationship. Yet, as Brian Ligomeka reported in his article “Gay test case puts Malawi law on trial” in Media24 African Service, that the gay population could be at an alarming 10 000 in our country.

Perhaps the moralistic code of Christianity or Islam is a factor in the equation. Most citizens are considered very religious and with that come judgmentalism – the power of the church in this society is strong and influential. These young men and women dream of a society where they are not judged or discriminated against and where the law of the land protects them regardless.

A few years ago, we read a report by the Prison Inspectorate Commission that homosexual intercourse is prevalent in our prisons which resulted in the creation juvenile sections in Regional Prisons because most of them were victims of “anyapala”. For the first time in our existence, we admitted that homosexuality exists in our country and mitigating not preventative measures were taken.

So, while such things are positive, why is it that gays feel unsafe to be open and disclose who they are outside prisons? Why do they stigmatise themselves? Is it because they don’t know what to expect in terms of reaction, or is it because they don’t know how to handle themselves in the case of aggressive response?

Back in my days at a boarding school, there were a few guys who were rumoured to be homosexuals. Whenever there was concrete proof of such malpractice, the perpetrators were immediately confined to their own spaces. Today when I look back I curse the elite authorities who denied open-minded scholars the opportunity to express their sexual orientation.

We have a long way to go in Lilongwe. My own experiences of having a friend here who is a lesbian is one of tacit acceptance (if known) and non-disclosure except to a select few. At work a couple of her colleagues know and are cool with it. They are young professionals who are either non-Malawians or have spent a considerable amount of time abroad.

Malawians are some of the most friendly and welcoming people on earth. They are perseverant and well mannered. One hardly ever experiences industrial action on the streets – It’s just not part of their creational make up. Why then do gays feel unsafe about being more open and vocal about who they are? Like the adoption case of State v Madona, this State v Monjeza and Chimbalanga case is another pandora’s box.

My quest to write on this topic for the Nyasa Times took me to Chilinde and I got some valuable lessons. One proudly gay guy shared his story that he had been married once but was now alone in the nation because his wife had died. A similar story was told of a lesbian couple with children who also spoke about losing husbands. All these are uncanny tales to hide one’s natural identity.

I discussed further this issue with a Norwegian lesbian couple I know. Our conclusion was that, because it’s something unspoken, everyone keeps it under wraps, thereby perpetuating a culture of silence.

Somehow like adultery or corruption, it happens but no one speaks about it beyond voicing in a minibus. The heresay and dialogue is not developed into a critical discourse in the Legislature or media.

People are born gay and our laws should give an ambit for such people to exist because they can’t operate in space. Neither can we lock them away because they are not offenders. The truth is that somebody knows someone who is gay or lesbian living in our country but there is total silence around the issue. Our society forces them to a closeted life or worse still “bat for both teams”.

These facts boil down to one thing – we have been sitting on a time bomb and trying to avoid the subject is simply procrastinating the war. As I was writing this article, the first married couple has been referred to Zomba Mental Hospital for psychiatric assessment. How many gay couples are we going to send for these tests before we face up to the challenge or is that the judicial strategy to buy ample time to research further on the applicable laws?

A rights group Centre for Development of People (CEDEP), which does a lot of work with homosexuals, wants a referendum held to gauge the country’s views on the issue. One wonders if such is a right response in a country where nobody dare discuss homosexuality openly for fear of discrimination or being jailed and charged with public indecency.

Whatever the reason, the culture of silence prevails and for now, no one is willing to expose him or her and suffer the unknown consequences. They remain gay and proud in the safety of their domiciles and their rapport.

Labels: HOMOSEXUALITY, MALAWI

posted by MrK @ 7:31 PM