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Worldwide Condemnation of Malawi Sentencing of Gay Couple

by Kilian Melloy

EDGE Staff Reporter

Friday May 21, 2010

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A global outcry has resulted from a Malawi court handing down a maximum 14-year sentence to two men for celebrating their engagement. The ruling found Tiwonge Chimbalanga and Steven Monjeza guilty of "unnatural acts and gross indecency," reported the Associated Press on May 20.

The men were placed under arrest last Dec. 27, following a party they hosted the previous day. The men were then detained for months and subjected to intrusive medical examinations to determine whether they had engaged in anal sex.

"These offenses carry with them a sense of shock against the morals of the Malawi society," declared the judge in the men's trial, Magistrate Nyakwawa Usiwa Usiwa, who determined the sentence.

But nations from around the world registered shock at the verdict:

  • Canada's conservative-led government denounced the outcome, with Foreign Minister Lawrence Cannon declaring two hours after the sentence was pronounced, "Cases like this are cases we condemn." Added Cannon, "We will be following this case as every other case. Canada has a great reputation internationally because we stand up for human rights, and speak out on ... things that need to be denounced." Malawi is scheduled to take part in the next G20 summit, which will take place in Ottawa, reported Canadian newspaper The Globe and Mail on May 20.

  • The United States also slammed the sentence, with the Obama Administration declaring that, "The United States strongly condemns the conviction and harsh sentencing of Steven Monjeza and Tiwonge Chimbalanga in Malawi," reported Advocate.com on May 20. "The criminalization of sexual orientation and gender identity is unconscionable, and this case mars the human rights record of Malawi," the White House press release added. "We urge Malawi and all countries to stop using sexual orientation or gender identity as the basis for arrest, detention, or execution."

  • The United Nations also weighed in, with High Commissioner for Human Rights Navi Pillay calling the ruling "blatantly discriminatory," and warning that the high profile case could drive gays underground, hampering efforts to combat the spread of HIV and AIDS, which has devastated much of Africa, reported the South African newspaper Mail&Guardian on May 21.

  • The International Gay and Lesbian Human Rights Commission sent a letter of protest to Bingu wa Mutharika, the president of Malawi, urging him to "reaffirm that all Africans are entitled to enjoy the human rights laid out in the African Charter and other domestic, regional and international documents, regardless of their sexual orientation and gender identity."

    "Following a traditional engagement ceremony with family and friends, the couple was arrested on December 28, 2009 for "unnatural offences" (Sections 153) and "indecent practices between males" (Article 156) of the Malawi Penal Code," recounted Cary Alan Johnson, executive director of the IGLHRC. "On January 6, 2010, the couple was taken to Queen Elizabeth Central Hospital, where Chimbalanga was forced to undergo an involuntary medical examination--including an anal examination--to confirm the charges of sodomy. Such anal examinations have been discredited as unscientific and can represent cruel, inhuman or degrading treatment or punishment. The following day, both Monjeza and Chimbalanga were subjected to involuntary psychiatric evaluations.

    "In addition to the humiliation of forced medical exams, there have been several reports of the couple suffering humiliating treatment in court, including being mocked for their relationship by trial observers and forced to clean up vomit after one became ill," Johnson continued. "Since their arrest, Monjeza and Chimbalanga have been held in Chichiri Prison in Blantyre under 'protective custody,' despite the fact that they and their lawyers have argued that they were unsafe in prison. The two were repeatedly denied bail, a decision condemned by the Malawi Law Society. The Malawi Law Society said in an interview 'We feel that the reasons for [their] being denied bail were not meritable ... It's like saying that let's keep them here until they get convicted. Really the reasons for refusing them bail are not in line with the Constitution.'

    Several recent incidents have raised concerns about the promotion and protection of the human rights of all Malawians. We are alarmed that during the ordination of Monsignor Montfort Stima of the Archdiocese of Blantyre on April 23, 2010, you reportedly denounced homosexuality as 'un-Malawian,' 'evil' and 'disgusting,' falsely linking it to corruption, violence, theft and prostitution."

    Johnson also called for the pardon and release of the two men.

  • American pop icon Madonna, who has supported charitable work benefiting Malawi, also spoke out against the sentence, saying, "I am shocked and saddened by the decision made today by the Malawian court, which sentenced two innocent men to prison," reported Boy Culture on May 20. "As a matter of principle, I believe in equal rights for all people, no matter what their gender, race, color, religion, or sexual orientation," the singer continued.

    "Today, Malawi took a giant step backward," Madonna added. "The world is filled with pain and suffering; therefore, we must support our basic human right to love and be loved." The global star went on to say, "I call upon the progressive men and women of Malawi--and around the world--to challenge this decision in the name of human dignity and equal rights for all."

    Malawi depends on foreign aid to meet nearly half its budget. British Newspaper The London Times reported that Britain is the country's biggest benefactor economically, contributing more than $115 million per year to the African nation. The UK's government, the Times said, proclaimed "dismay" at the sentence, but did not threaten economic sanctions against Malawi.

    Kilian Melloy serves as EDGE Media Network's Associate Arts Editor and Staff Contributor. His professional memberships include the National Lesbian & Gay Journalists Association, the Boston Online Film Critics Association, The Gay and Lesbian Entertainment Critics Association, and the Boston Theater Critics Association's Elliot Norton Awards Committee.