Homosexuality in Malawi

Geographical location of Malawi

In Malawi homosexuality is taboo in parts of society, homosexual acts are punishable. In November 2012, Malawi's President Joyce Banda suspended the previously applicable laws on homosexuality until the next elections. In December 2015 they were temporarily suspended again.

Laws on homosexuality

Homosexual acts between men in Malawi are punishable while they are legal between women. Under Articles 153 and 156, men are threatened with a maximum sentence of 14 years in prison.

In December 2011, Justice Minister Ephraim Chiume declared that the criminal law for homosexual acts in Malawi should be repealed. In 2012, the government examined whether homosexual acts should be legalized in Malawi.

In November 2012, in response to international pressure , the new Malawian President Joyce Banda suspended the laws that criminalize homosexuality pending a parliamentary decision on their possible abolition.

After the failed legalization at the time, the prosecution of homosexuals was temporarily stopped again in December 2015. It is to be reviewed with regard to its compatibility with fundamental rights and international treaties and, if necessary, abolished entirely.

Double discrimination

People whose gender identity does not correspond to their physical gender are also affected by double discrimination in Malawi .

In May 2010, a couple, Tiwonge Chimbalanga and Steve Monjeza, who held a public wedding ceremony in Malawi, were sentenced to 14 years in prison for alleged homosexuality. The international Gay and Lesbian Human Rights Commission (IGLHRC), which had direct contact with the arrested couple, said that Tiwonge sees herself as a woman. So she was not only a victim of homophobia, but also disregarded because of her gender identity. Western media and organizations such as Amnesty International Switzerland had taken up the case as discrimination against homosexuals, but also did not respect Tiwonge's gender identity and made it clear that the rejection and simultaneous appropriation of people (see also: Abuse ), those with gender variations being born (like transsexual or intersex people) is not only widespread in Malawi, but in all heteronormative societies. Malawi is a strictly Christian country and has been proselytized since the middle of the 19th century.

The German Ministry of Development under Minister Dirk Niebel , the White House and singer Madonna are committed to the couple from Malawi. The country's president, Bingu wa Mutharika, pardoned Chimbalanga and Monjeza on May 29, 2010 and ordered their immediate release. The pardon took place against the background of the visit of the UN Secretary General Ban Ki-moon to Malawi.

Anti-discrimination laws

There is no anti-discrimination law in Malawi.

Recognition of same-sex couples

State recognition of same-sex couples does not exist in the form of same-sex marriage or in a registered partnership .

See also

• Laws on homosexuality
• Equality (homosexuals)

Web links

• ILGA : State Sponsored Homophobia (PDF document; 392 kB)
• Center for the Development of People: Malawi LGBT rights and HIV awareness organization

Individual evidence

1. ↑ Faith Karimi: Amnesty: Malawi suspends anti-gay laws. CNN, November 6, 2012.
2. ↑ Advocate: Report, Malawi reviewing antigay law ( Memento of the original of February 13, 2012 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.  
3. ↑ GGG: Will homosexuality be exempt from punishment in Malawi?
4. ↑ CNN: Malawi suspends anti-gay laws
5. ↑ Malawi: Gays and lesbians should no longer be persecuted. queer.de from December 21, 2015
6. ↑ BBC News : Malawi gay couple to face court after engagement , December 29, 2009. (Accessed May 21, 2010)
7. ↑ BBC News: Malawi court convicts gay couple , May 18, 2010. ( Accessed May 21, 2010)
8. ↑ IGLHRC : Monica Mbaru on "Home, from Home" Speaks About Gender and Sexuality Rights in Malawi
9. ↑ Queeramnesty Switzerland : Malawi: Couple arrested for same-sex relationship - Amnesty International protests ( memento of the original from November 3, 2013 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. , updated January 29th, March 22nd 2010, 18th + 20th May 2010.  
10. ↑ Queer.de: Gay persecution, The criticism of Malawi is growing , May 21, 2010. (Accessed May 21, 2010)
11. ↑ Malawi's first gay couple split up after being pardoned by Spiegel-Online on June 8, 2010.