Malawi Lovers Jailed for Love

By Richard Ammon
GlobalGayz.com
May 25, 2010

As if the homophobic proposals (to kill gays) in the Ugandan legislature weren't bad enough--at least they are only proposals at this time--now comes the incredible action taken by a judicial court in Malawi to imprison at hard labor two gay male lovers, Tiwonge and Steven (photo), who were bold and foolish enough to attempt a marriage to one another.

After being in a grubby jail since last December, they were finally put on trial and of course were convicted of illegal and immoral un-African behavior in early May 2010.

This speaks to the worst in human nature and shames the justice Malawian system--a system packed with ignorance about sexuality and about love between people. I find such intellectual darkness frightening because it's the same kind of blindness that has caused untold millions of deaths in Africa from tribal hatred, political warfare and religious carnage. Death is the voice of hate. In this case hate turned against a sexual minority in the form of two innocent boyfriends.

It is irrational thinking beyond anything I have personally known, although I am very aware of similar fanatical hostility toward LGBT people at various Gay Pride events, especially in Eastern Europe where skinheads attack peaceful gay marchers with verbal abuse, stones and grenades.

Homophobia is right up there with tribal rivalry as among the last 'social frontiers' of uncivilized action yet to be overcome. The cruelty that emerges from these forms of prejudice confounds all reason and progress toward a just and humane world.

How a sitting judge, supposedly versed in the objectivity of civil laws, can be so barbaric and swayed by vulgar popular opinion and emotion to render his blatantly cruel sentence of 14 years against Tiwonge and Steven; this is beyond the pale. Their offense harmed no one; it was a technical violation of a Malawi (highly homophobic) law deserving perhaps of a modest fine to assert the rule of law, unjust as it may be..

Bribery is a dishonest and dirty way to do business or politics but in this case I would gladly shuffle money under the table to secure their release. Seeing honest people rot in jail for dishonest reasons is un-African. Hatred is un-African value. This judge has violated all standards of civilized behavior in his role as 'justice' provider. Malawi deserves better. Tiwonge and Steven deserve better. They deserve freedom and each other's love.

Outrageous Jail Sentencing for Gay Lovers in Malawi

Posted by Richard Ammon
GlobalGayz.com
May 2010

From:Chivuli Ukwimi, Health and Human Rights Officer, IGLHRC
Cape Town (cukwimi@iglhrc.org)
and
Dunker Kama, Administrator, CEDEP
Blantyre, Malawi (shorinjkenpo@yahoo.co.uk)

Capetown, South Africa
The International Gay and Lesbian Human Rights Commission (IGLHRC) and the Malawi Center for the Development of People (CEDEP) are outraged by the sentence of 14 years with hard labour imposed today by a Malawian court on Tiwonge ("Tionge") Chimbalanga (20) and Steven Monjeza (26). The Magistrate's Court in Blantyre imposed the maximum sentence following the conviction of the two on May 18 for "unnatural offences" and "indecent practices between males" under Sections 153 and 156 of the Malawi Penal Code.

"This harsh sentence compounds the impact of an already unjust conviction," said Chivuli Ukwimi, IGLHRC Health and Human Rights Officer. "Its devastating effect on Steven and Tionge is just the beginning. It will endanger lives by driving at-risk communities underground, beyond the reach of programs to address HIV and AIDS."

In his ruling, Judge Nyakwawa Usiwa-Usiwa stated, "The engagement and the living together as husband and wife of the two accused persons, who are both males, transgresses the Malawian recognized standards of propriety since it does not recognize the living of a man with another as husband and wife. Both these acts were acts of gross indecency." These views were similar to those expressed by the State Prosecutor, Barbara Mchenga, who asked the court to "consider the scar this offence will leave on our morality."

Dunker Kama, Administrator of CEDEP, responded by stating, "There is nothing immoral or indecent about love. The only thing immoral or indecent is throwing innocent people in jail for more than a decade."

The harsh sentence sends a negative message to lesbian, gay, bisexual and transgender (LGBT) Malawians who already face discrimination and persecution. It is also likely to have an adverse effect on much needed efforts to address HIV and AIDS.

"The government of Malawi has double standards," said Gift Trapence, CEDEP Director. "Its own national strategic framework on HIV/AIDS includes men who have sex with men. Now, it is imprisoning them."

This case and the criminalization of homosexuality in the Malawi Penal code amount to a violation of the human rights and protections to which Malawi is ostensibly committed through its own constitution and the regional and international human rights treaties to which it is party.

IGLHRC and CEDEP will continue to support Monjeza and Chimbalanga, including an appeal of this verdict and the repeal of all laws that unjustly discriminate against LGBT Malawians.