Article By: Lloyd M’bwana
The state funded human rights watchdog, Malawi Human Rights Commission (MHRC) has clearly faulted government’s decision to suspend laws which criminalize homosexual acts without seeking Parliament approval as the only arm of government mandated to carry such tasks not executive.
MHRC reaction comes barely few days after government through Minister of Justice and Constitution Affairs, Samuel Tembenu on Saturday, December 19 announced that Malawi suspended arrests and prosecution of people suspected to be involved in homosexuals acts.
The born of contentions derives from the arrests the Malawi Police at Kanengo station in the capital Lilongwe on Monday, December 7, 2015 arrested two men on suspicion that were engaging in homosexual acts in their house at Area 25 township.
The police arrested the two, 19-old Cuthbert Kulemera and 33-year-old Kelvin Gonani after being allegedly had carnal knowledge of each other in the house of one of the suspect whom were later released on bail and charged them with Sodomy contrary to Section 153 (c) of the Penal Code which attracts 14 years in jail if found guilty charged with sodomy.
The development did not go down well with United States of America (USA) and German Ambassadors’, Virginia Palmer and Peter Woeste respectively by demanding the acquittal of the two’s charges of sodomy which angered the general populace.
The release of the gay suspects and suspending of laws that criminalize homosexuals have received heavy criticism from religious groupings, some politician saying the decision will attract God’s rough on basis that Malawi is a God-fearing nation.
Consequently, Malawi Catholic Bishops on Friday, January 8, warned President Peter Mutharika against bowing down to donor pressure to legalize homosexuality when they made courtesy visit at Kamuzu Palace in the capital Lilongwe.
Through a press statement issued on Friday, January 8 which is available to The Maravi Post, MHRC has described the gay’s moratorium as illegal and accepted as it did not pass through Malawi Parliament that has powers on such decision not executive arm of government.
“The Malawi Human Rights Commission, (the Commission), is monitoring the developments on the issue of sexual minority rights following the arrest and subsequent release of gay suspects in Area 25, Lilongwe in December, 2015. The two were arrested on allegations that they committed acts of sodomy contrary to section 153 of the Penal Code (Cap 7:01 of the Laws of Malawi), which makes it a criminal offence for any person to “have carnal knowledge of any person against the order of nature; or to have carnal knowledge of an animal; or to permit a male person to have carnal knowledge of him or her against the order of nature”.
“This event has reignited the debate on the legality of homosexuality in Malawi. The Commission is undertaking extensive investigations into these developments to examine the human rights implications that arise and facilitate remedial actions. In the interim, on the basis of its preliminary findings the Commission makes the following observations on the developments.
“The Commission reiterates its position as published in its 2012 Status of Human Rights Report that, section 20 of the Constitution of the Republic of Malawi, (the Constitution), prohibits any form of discrimination of any person in any form on any grounds whatsoever, including: race; colour; sex; language; religion; political or other opinion; nationality; ethnic or social origin; disability; property; birth, or other status.
