Malawi Suspends Anti-Gay Laws

Finally we get some good news out of Africa.

Malawi has suspended legislation against homosexuality which was among the hot button issues that forced donors to withdraw support last year, Minister of Justice Ralph Kasambara has disclosed. Kasambara, who is also Attorney General, said government wants to encourage debate and decide on whether laws against same- sex relationships should continue to be criminalized. “There is a moratorium on all such laws, meaning that police will not arrest or prosecute anyone based on these laws. These laws will not be enforced until the time that Parliament makes a decision,” he said. In legal parlance, a moratorium is used when the Executive arm of government, which is mandated to enforce laws, decides to temporarily suspend enforcement of a legislation, especially when it raises controversies that require its review.

This news is especially surprising because in September the president of Malawi publicly recanted her election promise to decriminalize homosexuality. 

MALAWI: President Joyce Banda Renegs On Vow To Descriminalize Homosexuality

"Anyone who has listened to the debate in Malawi realizes that Malawians are not ready to deal with that right now. I as a leader have no right to influence how people feel. Where Malawi is and most African countries are, is maybe where America or the U.K. where about 100 years ago. The best thing the world can do is to allow each country to take its course, to allow each country to have that debate freely without the pressure of being pushed. We have seen countries where homosexuals have been killed. Why? Because, in my view, the country — the nation— wasn't ready." - Malawi president Joyce Banda, reneging on her May 2012 vow to decriminalize homosexuality when she took office.

RELATED: Forbes Magazine this year named Banda the most powerful woman in Africa.

MALAWI: New President Vows To Decriminalize Homosexuality

Sit down, there's good news from Africa.

President Joyce Banda has said she wants Malawi to overturn its ban on homosexual acts - the first African country to do so since 1994. Two Malawian men were sentenced to 14 years in prison in 2010 after saying they were getting married. Several Western leaders have recently said they would cut aid to countries which did not recognise gay rights. In her first state of the nation address to parliament, Mrs Banda said: "Some laws which were duly passed by the august house... will be repealed as a matter of urgency... these include the provisions regarding indecent practices and unnatural acts." The BBC's Raphael Tenthani in the main city, Blantyre, says the president has the support of a majority of MPs and so should be able to get parliament to overturn the law.

Religious groups are expected to loudly oppose Banda's plan.

Malawi To Review Anti-Gay Laws

While Hillary Clinton's speech may have angered anti-factions in Nigeria, it appears that it may have the desired effect in Malawi.

Malawi will review a series of controversial laws, including a ban on homosexual acts, Justice Minister Ephraim Chiume has said. Mr Chiume said the review was in response to "public opinion". Western governments criticised Malawi last year for jailing a gay couple on sodomy charges. On Tuesday, US Secretary of State Hillary Clinton said the US would use foreign aid to encourage countries to decriminalise homosexuality. UK Prime Minister David Cameron expressed a similar view in October, saying that gay rights were a human right.

Britain To Cut Aid To Anti-Gay Nations

In a move many would like to see the United States make, the British government has announced that it will reduce financial aid to nations that persecute their LGBT citizens.

Poor African countries which persecute homosexuals will have their aid slashed by the Government in a bid by David Cameron to take his gay rights crusade to the Third World. International Development Secretary Andrew Mitchell has already cut aid to Malawi by £19 million after two gay men were sentenced to 14 years hard labour. And he has warned the country's leaders to scrap plans to introduce draconian new anti-lesbian laws. Mr Mitchell, one of Mr Cameron's closest allies, is also threatening to impose further aid 'fines' against Uganda and Ghana for hardline anti-gay and lesbian measures. The policy was disclosed after Mr Cameron defended his decision to legalise gay weddings when he addressed last week's Conservative Party conference.

The Daily Mail accompanied their above-linked story with a graphic noting that countries who commit other (non-gay) human rights abuses will continue to receive British assistance.

PhoboQuotable - Mat Staver

"We're not the world's moral leader under this administration; we're one of the world's immoral leaders. What the administration is doing is just putting its own immoral views into its funding, trying to get other nations to come around and do the same thing. And they're literally trying to create and extend this immorality globally. More than sixty countries have laws criminalizing homosexuality and virtually every country in the world has laws that criminalize pedophilia and child incest. Malawi was doing what it was doing in its own best interest and America should not be trying to make that country act in an immoral way." - Liberty Counsel head Mat Staver, reacting to news that the Obama administration is withholding aid to Malawi due to anti-gay policies.

PhoboQuotable - Bingu Mutharika

"If as human beings created in the image of God, we fail to appreciate the difference between males and females and start marrying man-to-man and woman-to-woman, are we not worse than dogs that appreciate nature's arrangement? Have you ever seen a he-goat getting attached to another he-goat? Or a male dog to another male dog? Think about these things." - Malawi president Bingu Mutharika, speaking at a rally against the proposed decriminalization of homosexuality in his country.

(Tipped by JMG reader David)

Malawi Couple Breaks Up, One Denounces "Gay Trash" And Gets Engaged To Woman

We can't know what horrible pressure or threats that have been placed on Steven Monjeza and Tiwonge Chimbalanga to have the situation come to this latest development. From the Malawi-based newspaper The Nation:

In a dramatic twist to the tale of Malawi’s convicted but pardoned gay lovebirds, the man, Steven Monjeza, has dumped his homosexual 'wife' Tiwonge Chimbalanga to marry a Blantyre-based woman. Twenty-four-year old Dorothy Gulo on Monday confessed her love for Monjeza whom she described as "a real man capable of doing to women what other men ably do in bed." She was explicit about the issue and said she had nothing to hide. "I have tried him on two occasions and he proved to me he can live with a woman. I was impressed with him when my curiosity got the better of me and here I am. My only worry is what Chimbalanga would do if he found out," said Gulo, who does nothing for a living. She said they have been living together for some days after their meeting in Mbayani where she was living with her parents. Gulo said Monjeza complimented her on her looks. Said Gulo: "I did not immediately realise it was Monjeza because I knew his story. I only recognised him after a while. Right now, I am looking forward to a future together. I don't care what people say, because many are talking. I am yet to tell my parents about us." An excited Monjeza said he no longer wanted to be associated with what he called "gay trash" as he had found real love in Gulo.

Steven Monjeza now says the entire relationship with Tiwonge was a lie: "We were pardoned but I know the law can bounce back on us if we are not careful. Although I claimed that I still love Tiwo, I did not mean it. I have never had sex with him as was revealed in court. That is why the medical examination failed to establish any anal penetration. I was coerced into the whole thing."

Monjeza says that while he has been offered asylum in many nations, he doesn't want to move "to be used by gay men." He also claims that a white man in a jeep came to try to convince him to return to Tiwonge. In the above-linked story, he threatens to "expose" any gay people that approach him in the future. Clearly he has been properly coached to follow the party line spawned by American evangelicals that white Westerners are bringing homosexuality to Africa.

BREAKING: Malawi President Pardons Imprisoned Gay Couple

Fantastic news. President Bingu wa Mutharika of Malawi has pardoned the gay couple sentenced last week to 14 years in prison at hard labor for the "grossly indecent and unnatural act" of holding a commitment ceremony.

Mr Mutharika, speaking as UN chief Ban Ki-moon visited Lilongwe, said he had ordered their immediate release. Steven Monjeza, 26, and Tiwonge Chimbalanga, 20, were given 14-year jail terms after being convicted of gross indecency and unnatural acts. The case has sparked international condemnation and a debate about homosexuality in the country. Mr Ban said he welcomed the president's decision. Correspondents say Malawi is a deeply conservative society where religious leaders equate same-sex liaisons with Satanism. Mr Mutharika, who has in the past dismissed homosexuality as alien, said he had set them free on humanitarian grounds. "These boys committed a crime against our culture, our religion and our laws," he said after meeting Mr Ban. "However, as the head of state I hereby pardon them and therefore ask for their immediate release with no conditions."

We can consider this welcome news as evidence that even the most virulently anti-gay government can indeed by swayed by international pressure. I imagine that today's planned protest at the Malawi consulate in NYC will not take place.

UPDATE: The protest in NYC is still going to happen. From the organizer:

WE DID IT! BUT THE WORK IS STILL NOT DONE! TODAY WE STILL PROTEST, FOR ALL THE STEVENS AND TIWONJES IN AFRICA, WHO DO NOT HAVE A VOICE. AND FOR A REMOVAL OF ALL THE ANTI GAY LAWS, NOT ONLY IN MALAWI, NOT ONLY IN AFRICA, BUT IN THE WORLD! THE PROTEST IN NYC, IS STILL ON! I'M SO PROUD OF YOU! I HAVEN'T CRIED SUCH HAPPY TEARS IN A LONG TIME!

UPDATE II: The White House has issued a statement.

The White House is pleased to learn of President Bingu wa Mutharika's pardon of Tiwonge Chimbalanga and Steven Monjeza. These individuals were not criminals and their struggle is not unique. We must all recommit ourselves to ending the persecution and criminalization of sexual orientation and gender identity. We hope that President Mutharika's pardon marks the beginning of a new dialogue which reflects the country's history of tolerance and a new day for lesbian, gay, bisexual, and transgender rights in Malawi and around the globe.

SATURDAY: Protest At United Nations Over Imprisoned Malawi Gay Couple

This Saturday in NYC there will be a demonstration at the Malawian consulate near the United Nations in protest of the imprisonment of the Malawi gay couple who last week were sentenced to 14 years at hard labor merely for holding an engagement ceremony.

Date: Saturday, May 29, 2010
Time: 2:00pm - 3:30pm
Location: Malawian Consulate, 866 United Nations Plaza, NY, NY
Street: 1st Ave, btwn 48th and 49th Street, The closest subway is the #6 train to 51st street.
City/Town: New York, NY

The organizers note on their Facebook page:

This is the official NYC chapter of the international effort to show support to Malawians Tiwonge Chimbalanga and Steven Monjeza. The couple were sentenced to 14 years hard labour on the 20th of this month; their crime - being in love. Amnesty International adopted the couple as prisoners of conscience and has repeatedly called for their immediate and unconditional release, stating, “This sentence sends a strong and unacceptable message that discrimination is legally justified in the Malawi justice system.” The global outrage has sparked simultaneous protests planned in Berlin, San Francisco, San Diego and New York with more expected to follow as worldwide condemnation of the news spreads.

I will attend and post photos and video immediately afterwards.

Quote Of The Day - Dan Savage

"Malawi is dependent on foreign aid—most of it from Britain and the US—and that aid should be withdrawn. The government of Malawi should be told that it can have its rabid anti-gay bigotry or it can it can have foreign aid. But it can't have both." - Dan Savage, responding to the 14 year sentence of a gay couple in Malawi merely for holding a commitment ceremony.

White House (And Madonna) Denounce Prison Sentence Of Gay Malawi Couple

Today the White House strongly denounced the sentencing of a gay Malawi couple to 14 years of hard labor merely for holding an engagement ceremony.

“The United States strongly condemns the conviction and harsh sentencing of Steven Monjeza and Tiwonge Chimbalanga in Malawi. The criminalization of sexual orientation and gender identity is unconscionable, and this case mars the human rights record of Malawi. We urge Malawi and all countries to stop using sexual orientation or gender identity as the basis for arrest, detention, or execution.”

Yesterday the State Department issued a similar statement before the sentence was handed down.

UPDATE: Madonna, who adopted a baby boy from Malawi, has issued a statement as well:

"I am shocked and saddened by the decision made today by the Malawian court, which sentenced two innocent men to prison. As a matter of principle, I believe in equal rights for all people, no matter what their gender, race, color, religion, or sexual orientation. Today, Malawi took a giant step backward. The world is filled with pain and suffering; therefore, we must support our basic human right to love and be loved. 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: Maximum 14 Year Hard Labor Sentence Imposed On Gay Couple

The Malawi gay couple arrest for "gross and indecent acts" has been sentenced to the maximum of 14 years in prison at hard labor.

The judge said he wanted to protect the public from "people like you". Steven Monjeza, 26, and Tiwonge Chimbalanga, 20, have been in jail since they were arrested in December after holding an engagement ceremony. The case has sparked international condemnation and a debate about homosexuality in the country. The British government, Malawi's largest donor, expressed its "dismay" at the sentences, but has not withdrawn aid. The US state department, meanwhile, said the case was "a step backwards in the protection of human rights in Malawi." Judge Nyakwawa Usiwa-Usiwa described the actions by Malawi's first openly gay couple as an affront on Malawi's moral code. The courtroom was packed and hundreds more people stood outside, peering through windows. The case has ignited debate over homosexuality in Malawi, a conservative country where religious leaders equate same-sex liaisons with Satanism.

But the impoverished southern African nation has come under pressure from Western donor nations and agencies. They have cautioned Malawi to tread carefully over rights of minority groups, such as homosexuals, or risk being black-listed on governance issues, which may have aid implications. Some 40% of the development budget in Malawi is from donors. But despite the outcry, the authorities won't budge. President Bingu wa Mutharika dismisses homosexuality as alien. Handing down sentence in the commercial capital, Blantyre, Judge Nyakwawa Usiwa-Usiwa told the pair: "I will give you a scaring sentence so that the public be protected from people like you, so that we are not tempted to emulate this horrendous example."

The crowd outside the courtroom shouted abuse at the pair as they were led away, with some screaming that the two deserved longer sentences.

U.S. State Department Condemns Conviction Of Malawi Gay Couple

The U.S. State Department has denounced the Malawi government's conviction of two gay men for "unnatural acts and gross indecency."

"The United States is deeply disappointed in today’s conviction of same-sex couple Tiwonge Chimbalanga and Steven Monjeza in Malawi," said assistant secretary Phillip J. Crowley at a press briefing Wednesday. "We view the criminalization of sexual orientation and gender identity as a step backward in the protection of human rights in Malawi. The Government of Malawi must respect the human rights of all of its citizens. The United States views the decriminalization of sexual orientation and gender identity as integral to the protection of human rights in Malawi and elsewhere in the world."

Thank you, Secretary Clinton. It may not help these poor men, but it's better than silence.

MALAWI: Gay Couple Found Guilty Of "Unnatural Acts"

The two gay men on trial in Malawi for holding an engagement ceremony have been found guilty of committing "unnatural acts."

A judge has found a gay couple guilty of unnatural acts and gross indecency after a trial that has sparked worldwide condemnation of Malawi's laws on homosexuality. Blantyre chief resident magistrate Nyakwawa Usiwa issued the ruling yesterday. The couple are facing up to 14 years in prison with hard labour after becoming the first gay couple in Malawi to publicly commit themselves to each other. Steven Monjeza, 26, and Tiwonge Chimbalanga, 20, had been jailed since they were arrested on 27 December, the day they celebrated their engagement with a party that drew crowds of curious onlookers. Chimbalanga, 20, and Monjeza, 26, took a historic step when they committed to marriage at a symbolic ceremony in the southern African state, where homosexuality is outlawed. The couple were arrested two days later at their home. Chimbalanga and Monjeza were met with taunts and jeers when they appeared in court to answer three charges of unnatural practices between males and gross indecency. They were denied bail, supposedly for their own safety, and have been forced to endure dire conditions in jail, according to supporters.

Gay sex is illegal in 37 countries across Africa. LGBT rights activists fear the Malawi case may spawn a new wave of prosecutions.

MALAWI: Gay Couple Faces 14 Years In Prison For Engagement Ceremony

The Malawi gay couple whose engagement ceremony became international news now faces 14 years of hard labor in prison.

Steven Monjenza, 26, and Tiwonge Chimbalanga, 20, conducted a traditional engagement ceremony in late December in Chirimba, near Blantyre. After news reports surfaced of the same-sex engagement, they were rounded up by Malawi's police and charged under colonial-era sodomy laws. Their sentencing is Tuesday. The arrest received some popular support in the conservative southern African nation, but sparked outrage among Malawian and international gay rights campaigners. The presiding judge refused bail for the men, who are being held in Chichiru Prison in Blantyre. "It is quite outrageous," said Peter Tatchell, a gay rights activist from Britain who is supporting the pair. "In Malawi, people facing much more serious felony charges for serious crimes usually get bail." Amnesty International and Human Rights Watch have called for the release of the young men. The Malawi Law Society said the case has been driven by prejudice and not jurisprudence.

Chimbalanga sent activist Peter Tatchell this defiant message from jail: "If people or the world cannot give me the chance and freedom to continue living with him as my lover, then I am better off to die here in prison. Freedom without him is useless and meaningless."

MALAWI: Gay Couple Arrested For Marriage Ceremony

A gay couple has been arrested and charged with indecency for conducting a marriage ceremony in Malawi.

Tiwonge Chimbalanga and Steven Monjeza had a tradiitonal ceremony in the south African country on Saturday. Malawi has severe penalties against homosexual acts, commonly punishing gay sex with up to 14 years in prison. Attempts lin 2007 by human rights lawyers to repeal the code were flatly rejected by the government's legal affairs committee. Police spokesman Dave Chingwalu told Reuters: "We arrested them last night at their home and charged them with gross public indecency because the practice is against the law." He added that the couple would be held pending further investigations and may face other charges.

Malawi has recently been in the news because Madonna is opening a school for orphans there.

No New Baby For Madonna

Malawi has shot down Madonna's latest baby safari.

A judge has rejected Madonna's request to adopt a second child from Malawi because of a requirement that prospective parents live in the southern African nation for at least 18 months, a judge and a lawyer said Friday. The judge who confirmed the decision did not make the ruling, but saw it. The lawyer was present when the ruling was made. Both spoke on condition of anonymity because they were not authorized to discuss the case. The 50-year-old pop superstar can appeal the ruling to Malawi's Supreme Court.

Critics say that Madonna should give financial assistance to the child in question, rather than taking her from "extended close family members."