Malawi’s new president has pledged to lift the country’s ban on homosexuality, breaking ranks from much of Africa where such activity remains a crime.
Joyce Banda, who came to power in April on the death of her predecessor, said in her first state of the nation address on Friday: “Indecency and unnatural acts laws shall be repealed.” She described the measure as a matter of urgency.
Elsewhere in the speech, Banda said her government wanted to normalise relations with “our traditional development partners who were uncomfortable with our bad laws”.
But repealing a law requires a parliamentary vote and, although Banda’s party commands a majority, it is unclear how much support the move would have in this socially conservative nation.
Malawi was widely condemned for the conviction and 14-year prison sentences given in 2010 to two men who were arrested after celebrating their engagement and were charged with unnatural acts and gross indecency.
The president at the time, Bingu wa Mutharika, pardoned the couple on “humanitarian grounds only”, while claiming they had “committed a crime against our culture, against our religion, and against our laws”.
Mutharika died from a heart attack in April. Banda, who was vice-president, stepped in to serve out his term, which ends in 2014. She has hit the ground running with a cabinet reshuffle, the sacking of the police chief and sweeping reforms to break from Mutharika’s autocratic rule.
Her audacious plan to legalise homosexuality was welcomed by the campaigner Gift Trapence, executive director of the Centre for the Development of People. “If that’s what the president said, Malawi is going in the right direction in terms of human rights and meeting international human rights standards, and saying people are equal irrespective of sexual orientation,” he said.
Banda has previously demonstrated her liberal attitudes on the issue, he continued. “When she was vice-president she was invited to address a group of religious leaders and she spoke in favour of including LGBT communities in HIV interventions.”
Trapence said Banda’s stand offers hope in a continent where homosexuality is criminalised in 37 countries. “It has come at the right time as the African Union is coming to attend a summit in Malawi. This sends a good message to the African heads of state who will attend.”
Trapence said the gay couple whose engagement caused a storm, Tiwonge Chimbalanga and Steven Monjeza, were no longer together. Chimbalanga gained asylum in Cape Town, South Africa, while Monjeza is serving a three-year prison sentence for theft.
“They will be happy at this decision,” he added. “They will look back at how they suffered and were incarcerated and have a smile that at least they did something to influence the sodomy laws under which they were convicted.”
Wapona Kita, one of Malawi’s leading human rights lawyers, said he welcomed the president’s announcement. “She has done the right thing. The repeal of this bad law is long overdue.”
The law is “unconstitutional against international human rights standards”, he added.
Undule Mwakasungula, executive director of the Centre for Human Rights and Rehabilitation, said: “This is good news for us as we have been advocating for these sodomy laws to be reviewed or repealed as part of all the bad laws. Now that president Joyce Banda has indicated that the sodomy laws will be part of the laws to be repealed, this is very welcome development.”
In South Africa, the only African country with laws protecting gay rights, activist Mark Heywood said Banda would have international support. “I hope that she is persuasive enough in her own country,” he told the Associated Press. “It’s really important for other African countries other than South Africa to move in this direction. Symbolically, I think it is very important for Africa.”
A report this week from Kenya and Uganda by the watchdog Human Rights First found that African homosexuals who fled persecution in their countries were abducted, beaten and raped in the places where they sought asylum.
It cited examples including two refugee women in Uganda who were abducted and raped because they had been assisting LGBT refugees, five cases of “corrective rape” of lesbian or transgender male refugees in Uganda and a gay Somali teenager in Kenya who was doused in petrol and would have been set on fire if not for the intervention of an older Somali woman.
Human Rights First, a US-based non-governmental organisation, called on Hillary Clinton, the secretary of state, to help make sure that LGBT refugees gain access to safety and protection from violence.
The Guardian
Posted by
cece
May 21, 2012 at 8:36 am
what a shame ?
Chi'
May 21, 2012 at 9:23 am
On the right track with this one!
Helper
May 21, 2012 at 9:47 am
Signs of the times…
Kitu
May 21, 2012 at 9:49 am
Ubuchushi Bubi, compromising just for a US dollar. What is this lie about sexual orientations, soon they will be people championing rights for Pedophilia which currently is considered a psychiatric disorder.
Vivien Chambwe
May 21, 2012 at 10:07 am
What a pity. Where is this world headind to?
Dilan
May 21, 2012 at 10:24 am
Kitu you are so right. Homosexuality was a treatable mental disorder in the 70′s and now we want to allow it and make it legal. In short madness is being legalised. The might as well legalised prostitution and drugs….and let drug addicts have rights as well…..
annita
May 21, 2012 at 10:25 am
“when you see all these things happening, lift up your eyes ………………….”
shame!!!!!!!!!!!!!!!!
MAZUBA KASAMBA
May 21, 2012 at 10:26 am
I THINK I HAVE A BAD TEST FOR BANDA’s LETS HOPE SHE DOES NOT MAKE MISTAKES LYK OUR RB HERE PA ZED
Thief Justice
May 21, 2012 at 10:34 am
There’s no Banda who’s ever been a sensible president. Kamuzu, Rupiah, Joyce… they are/were all nuts!!
isaac
May 21, 2012 at 10:44 am
this is evil how can a human being thinks so low cause even an animal knows the masculine gender i was supporting her presidency now am profoundly dissapointed should me say flabbergasted.
Skeptic
May 21, 2012 at 11:01 am
She says investors are uncomfortable with the “bad laws” Who decided that they are bad laws. Zo-o-na their telling you how to live in your own house
Kasman
May 21, 2012 at 11:09 am
Malawians – just use your vote. She will be out of that office before she knows it. Kick her out please before our Africa goes to the dogs
kaizasoza
May 21, 2012 at 11:25 am
is this what mrs banda went to pray for, from T.B Joshua?
brinel
May 21, 2012 at 11:38 am
if joyce banda said that, then it is a shame both to Human and nature. pliz lets kick out poverty before we start having sex with tress for us to receive rotten food aid to the so called Developed Countries.
even a dog can never think so low to have sex with its fellow male dog or viceversa.
Are dogs more reasonable than Human beings?
Lika Mazo
May 21, 2012 at 11:39 am
Ohh no! This is now flowing over to Zambia since His Excellency the President loves the idea of men mounting fellow men. Come on we are better than insects and monkeys. A female insect will not mount a fellow female insect!!
Akabishi
May 21, 2012 at 11:58 am
Ici ci Joyce Banda cikopanefye na Dora Siliya icipuba cinankwe.
yakuza
May 21, 2012 at 11:58 am
u r a puppet on a string
nafuti nafuti.
May 21, 2012 at 12:08 pm
we cannot have both a christian nation and legalise homosexuality so please Zambia let us stand our ground and say no to this immoral unnatural conduct. it is dirty and degrading the human race.it is very clear to me that joyce banda desparetely needs aid that is why she had to agree to this improper indecenty way of life.
Rex
May 21, 2012 at 12:11 pm
@carolina, my dear i think you are on a rong site.
kay
May 21, 2012 at 12:13 pm
she needs deliverance and repentance
kamuzu
May 21, 2012 at 12:30 pm
Joyce wailasomo mu zambia
LWIINDI
May 21, 2012 at 12:55 pm
The woman has got it wrong now. Does she read the Bible? She will be deported LIKE the way they did to our current President.
comedy of eras
May 21, 2012 at 12:58 pm
Is this joyce banda married,if she is remove the husband from her and let her get married to her fellow woman,ma rubbish atase kolwe iwe.
de novo
May 21, 2012 at 1:17 pm
Mmmmm… Now a goat can finally bite a dog. Cawamila mbuzi kuluma galu manje mwe.
Lets eradicate poverty in this continent of ours, but off-course not through repealing such laws.
MundiaM
May 21, 2012 at 1:49 pm
Atase ba Joyce Banda, start thinking for yourself than allowing the west to think for you! The repercussions of your decision on the homosexuality issue will offend Jehovah, corrupt children who will experiement with this abomination and increase HIV/AIDS transmission as condoms rarely work properly in un natural sexual encounters on both women and men! By the way, how can lesbians protect each other against HIV/AIDS transmission? If Mme Joyce Banda cannot answer this simple question, she should not rush to legalise the abominable homosexuality!!! IFYABUPUBA FYE, KU MALAWI AWEE MWEE!
bigben
May 21, 2012 at 2:35 pm
she is just looking for money
inshimbi
May 21, 2012 at 2:54 pm
Chi Joyce Banda ukuchilasa iya kunuma very ****** chap.
K. M. T
May 21, 2012 at 3:29 pm
what is wrong with the Bandas. Its lyk all Banda presidents are problems to the nations they rule. God 4give them and grant Joyce wisdom to rule Malawi in a Godly manner. Ba Joyce mwisamwa your days are numbered.
toi towela
May 21, 2012 at 4:25 pm
People listen what is mrs banda doing is oky that is her cuntury stop comenting all of these rebbish coments and share west of time are you malawins whether you say what she as got a power to do that,gay or resbians are their not human what is wrong with that do what you think is good ifyashala shileni bambi that so,good news go aheard madam banda singn for it we are behind madam let them say what eve they to say.
chiposo
May 21, 2012 at 4:40 pm
foul j banda
MUNYELO PWETE!
May 21, 2012 at 4:43 pm
Ni ndani bazadwinka kumatako lelo?…Ni chi Joyce Banda! Chi Joyce Bandaaa!…… Aloooooooo!
janet c
May 21, 2012 at 5:21 pm
This is the battle of the 21st century – Africa will eventually come round to accept gays and this is a very good start. Do you guys remember how Christians were persecuted, how blacks were persecuted, how lepers were persecuted????? Remember Christians and black people – you too were persecuted because of your beliefs – shame on you all to now persecute others for their sexual orientation and beliefs
GOSSIP
May 21, 2012 at 5:43 pm
GO WOMAN GET YOURSELF A PARTNER
Air Mukwai_
May 21, 2012 at 6:13 pm
well said janet c.
Air Mukwai_
May 21, 2012 at 6:17 pm
its normal to make abnormal normal and abnormal normal and not abnormal abnormal but normal normal. this is exactly what joyce is doing to respect human beings’ rights.
Air Mukwai_
May 21, 2012 at 6:19 pm
its normal to make abnormal normal and normal abnormal and not abnormal abnormal but normal perfect normal. this is exactly what joyce is doing to respect human beings’ rights
Air Mukwai_
May 21, 2012 at 6:26 pm
this goes back to the time of mutants referred as “ifikula”. they were left in wildness to be eaten by hyenas. it took time to change that ignominy …. and we need to do now to respect the straight and gays.
Tokonyoko
May 21, 2012 at 6:52 pm
Awe mwe kuti cakupesha namano bushe abantu bamo bafyalwa kubantu? Bcoz this lady she’s evil na satana awamapo. God creatd a male n a female gave the a penis nd vigina so 2 mate n produce nomba ushe umwanakashi wawama ifi uye muku tomba pamusula wamwaume munobe apakosa shii……t can’t blive ths nosense
igwala gwala
May 21, 2012 at 7:02 pm
that’s the problem with easy goers am sure she enjoys something out of it
Adzingira
May 21, 2012 at 8:36 pm
So now you see why the western world wants to tell what to put in your constitutions in the name of sorts of fallacies like “democracy”, “human rights”, “good governance”, “children’s rights” etc? It is so that they can use the provisions to smuggle in stooges who will champion their diabolical and evil interests in Africa. Can Joyce Banda explain to anyone on what grounds she wants to legalise homosexuality? What a shame and an international disaster!!!!
Air Mukwai_
May 21, 2012 at 8:57 pm
there is nothing wrong with gays but damn wrong with those who stone them.
WATI ATI
May 21, 2012 at 9:45 pm
“UKUTUMPA IMISANGO UBUBI” this is what my aunt used to say when ever we did something uncontructive.
WATI ...ATI
May 21, 2012 at 9:54 pm
WATI…ATI, chi Joyce Banda UKUTUMPA IMISANGO UBUBI, even if you are namesakes with my late mum, she had great respect and fear for the Lord. Noomba iwe uliwabonaushi. i pray that time passes in a blink of an eye so that the innocent and very respective Malawians vote you out. IMISANGO UBUBI
kakolwe
May 22, 2012 at 2:58 am
@air mukwai & Janet c, U support all this in the name of ‘sexual orientation’. I believe you will soon support. guys with an affinity to fukk kids (pedophiles) as a normal sexual orientation. Just like your ifinkula synonym. You 2 must have had penises mixing semen with amafi in side your imputi. Disgusting!!!!
WILLIAMS
May 22, 2012 at 7:28 am
bulls***
chizzzzzzzzzz
May 22, 2012 at 7:32 am
so,its now better to pump a shit hole than a pussy? I love pussy man and my wife’s only.Guy pipo just try a pussy and you will never go wrong lol.
God's Property
May 22, 2012 at 9:28 am
What a shame malawi, i thot the wise come from the east…. mwemafwafwamwe!!!!! very soon, you shall hear.. if you want a dollar u have to legalise humans and animals… shame on you!!!!God will punish u *****.
Janet c
May 22, 2012 at 9:34 am
@ Kakolwe -you have the right to your opinion, but be rest-assured, you are fighting a losing battle. You can all kick, scream and throw your toys out of the pram, but just know that gay rights are here to stay. Just get on with your life – do gays affect your life in any way? Do they affect the price of bread or have an impact on drugs in hospitals – NO!!! So everybody just get on with your hypocritical lives – you sleep with other people’s husbands and wives, you condemn fellow humans, you fornicate, are drunks and gluttons – so you all fall in the same category as the so-called gay sinners you condemn.
Golden
May 22, 2012 at 9:49 am
I PRAY that such a move will not work in Malawi. God will fight for the people of Malawi. Legalizing Homosexuality is Satanic…
mnkhonto wesizwe
May 22, 2012 at 11:02 am
@Janet C, if you are a woman, then you really must be very pervese. How do you justify Gay based on that others are sleeping with other peoples’s spouses and doing all those evils you stated. Do normal people think like you really. Its like saying since we have this problem in life, then lets justify every other problem we face. What an approach!!!!! You are so pervese