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Written by WiG and AP reports
Jun 3, 2010
Headline news in Africa: The Malawi government prosecution – and pardon – of Tiwonge Chimbalanga and Steven Monjeza. – Photo: Courtesy
In late May, Malawian President Bingu wa Mutharika in late May issued an unconditional pardon for Tiwonge Chimbalanga and Steven Monjeza.
A May 31 statement from the White House May 31 read, “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.”
A judge in Blantyre, Malawi, had sentenced the couple to the maximum 14 years in prison with hard labor under Malawi’s anti-gay legislation, and crowds jeered the two men as they were driven from the court house to jail.
The harsh sentence for unnatural acts and gross indecency had been expected after the same judge convicted Chimbalanga and Monjeza earlier under laws dating from the Colonial Era. The case has drawn international condemnation and sparked a debate on human rights in this conservative southern African country.
Chimbalanga and Monjeza were arrested Dec. 27, 2009, the day after they celebrated their engagement with a party at the hotel where Chimbalanga worked – an apparent first in Malawi.
“Maximum sentences are intended for use for worst cases,” Magistrate Nyakwawa Usiwa Usiwa said as he delivered his sentence. “We are sitting here to represent the Malawi society which I do not believe is ready at this point in time to see its sons getting married to other sons or conducting engagement ceremonies.”
Chimbalanga, then, remained composed as armed police officers handcuffed him to Monjeza.
“I am not worried,” he told reporters as they were taken to a police vehicle.
Monjeza broke down upon hearing the ruling and was still sobbing as he was helped into the van.
Hundreds of onlookers inside and outside the court house showed little sympathy. There were shouts of “You got what you deserve!” and “Fourteen years is not enough, they should get 50!”
Michelle Kagari, deputy Africa director of Amnesty International called the sentence “an outrage.”
The watchdog group had adopted Chimbalanga and Monjeza as prisoners of conscience. Kagari said immediately after the sentencing that Amnesty would “continue to campaign on this matter and to work tirelessly to see that they are released unconditionally as soon as possible.”
Mark Heywood, director of the South Africa-based AIDS Law Project, called the sentence “outrageous.”
In a joint statement issued in London, British lawmakers Henry Bellingham, Stephen O’Brien and Lynne Featherstone urged the Malawi government to review its laws to ensure human rights were protected.
They said their country “believes that human rights apply to everyone regardless of their sexual orientation or gender identity,” and would, with its international partners, “continue to press the Government of Malawi on this issue.”
In Geneva, the UN’s top human rights official, High Commissioner Navi Pillay, called the sentencing “blatantly discriminatory.”
“I am shocked and dismayed by the sentence and reports of the treatment of Steven Monjeza and Tiwonge Chimbalanga while in detention,” Pillay said. “The law which enabled the conviction dates back to the Colonial Era and has lain dormant for a number of years – rightly so.”
In Washington, Philip Crowley, an assistant secretary of state, expressed disappointment with the conviction. “We view the criminalization of sexual orientation and gender identity as a step backward in the protection of human rights in Malawi,” Crowley said.
Madonna, who has adopted two Malawian children and funds six orphanages in the country, said in a statement, “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.”
Malawi’s government had been defiant in the face of international criticism over the couple’s prosecution until the president issued the pardon and ordered the men’s immediate release.
Cary Alan Johnson of the International Gay and Lesbian Human Rights Commission, said, “This pardon should be seen as a significant challenge to laws and proceedings that are inherently unfair. However, it should not require a presidential intervention for lesbian, gay, bisexual and transgender Malawians to obtain justice.”
