Malawian Gay Couple Could Face 14 Years in Jail
The Guardian reports on the first Malawain gay couple to marry and the prospects of facing up to 14 years in prison for “unnatural practices between males and gross public indecency.”
A court in Malawi today denied bail to two men arrested after becoming the first gay couple to marry in the conservative African country.
Magistrate Nyakwawa Usiwausiwa told a packed court that he could not grant the couple bail, saying the ruling was for their own protection. “The public out there is angry with them,” Usiwausiwa said.
Tiwonge Chimbalanga and Steven Monjeza committed to marriage in a symbolic ceremony in southern Malawi last month, attracting hundreds of onlookers. They were arrested at the home they share and charged with unnatural practices between males and gross public indecency.
Government prosecutors had asked the court to detain the couple for a longer period to allow for more investigations.
Police said the two men had been taken for medical tests to prove whether they had sexual intercourse. The men’s lawyer has pledged to resist any such tests. “Unless they give their consent to the medical examination, we will protest,” Noel Supedi said.
The case has generated huge interest in Malawi. Suzanne Worrica, a British spectator in court, said: “The crowd atmosphere was again hostile, taunting Tiwonge and Steven, although some gay rights campaigners were present, who gave them money.”
For the whole story, click here.
Photo of the couple via The Nation
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Just fyi — we wrote a column yesterday about the battle for gay rights in Uganda and Malawi on our website Border Jumpers called “Human Rights Battle in Uganda Hits Close to Home” at http://www.borderjumpers.org.
Here is an excerpt @ http://borderjumpers1.blogspot.com/2010/01/human-rights-battle-in-uganda-hits.html
Uganda, like most of the countries in Africa, is full of contradictions.
While everyone we met in Uganda was friendly and helpful, going out of their way to assist us when we needed directions, a Wifi hotspot, or a place to find vegetarian food, the country also has some of the most restrictive laws against human rights on the continent. While we were there, the “Bahati Bill” was introduced in parliament. The Bahati called for life in prison — and in some case the death penalty — for people found “guilty” of homosexual activity.
As gay marriage laws are passed around the world, including most recently in Mexico City, it’s hard to believe that lawmakers would punish people for being gay or having HIV/AIDS. The Bahati bill also punishes anyone who fails to report a homosexual act committed by others with up to three years in jail, and a prison sentence of up to seven years for anyone who defends the rights of gays and lesbians.
Uganda’s President Yoweri Museveni, due to mounting pressure from governments such as the United States, across Europe, and in Canada, said that he opposes the measure, and would attempt to try and soften the bill. According to a recent story in Reuters, “the president has been quoted in local media saying homosexuality is a Western import, joining continental religious leaders who believe it is un-African.” With a national election looming in 2012, politicians seem to be using hatred against gays as a scapegoat for rising corruption and the weakening of civil liberties and freedom of the press.
Yet, even the possibility that a watered-down version of the proposed law could be passed, is an alarming sign of a dangerous trend of prejudice all over Africa. In Blantyre, Malawi, for example, a gay couple was arrested last week after having a traditional engagement ceremony. Homosexuality is punishable by 14 years in jail in Malawi
However, human rights advocates continue to fight. In Latin America, they hope that the success of legalized marriage in Mexico City will spread to Argentina, Venezuela, Chile, and other places. Uruguay permits gay parents to adopt and Columbia grants social security rights to same sex couples.
In the United States, gay, lesbian, bi-sexual, and transgender rights is one of the most import civil and human rights battles we currently face. Despite recent setbacks in California, New York, and Maine — recent success in places like Iowa, DC, and New Hampshire — means that during next decade the battlefield for LGBT rights is not only in Africa but also right here at home.
All our best, Danielle Nierenberg and Bernard Pollack
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