MALAWI GAY MARRIAGE TRIAL NEXT WEEK

International, News by HOMOVISION on January 5, 2010 at 11:38 am

A Malawian court yesterday refused bail to two men who celebrated their engagement to be married in a traditional African ceremony, which they held late last year.

Giving his ruling at a court in the city of Blantyre on Monday 4 January, judge Nyakwawa Usiwa-Usiwa claimed Steven Monjeza (26) and Tiwonge Chimbalanga (20) were at risk of mob violence and would be safer in custody – a claim rejected by the defendants and their lawyers. In Malawi, even people accused of serious crimes like violent robbery and assault usually get bail.

The same day the police arrested a worker from the human rights group CEDEP, which assisted the detained men and secured them legal representation. “Steven and Tiwonge are the first same-sex couple to begin the process of getting married in Malawi,” said human rights campaigner Peter Tatchell of OutRage! in London, who has been liaising with human rights defenders inside Malawi to support the detained men.

“The two men have been returned to Chichiri Prison pending their trial on charges of homosexuality, scheduled for Friday 15 January in Blantyre,” added Mr Tatchell.

“They face a maximum sentence of 14 years jail, under Malawi’s anti-gay law, section 153 of the penal code, which was originally imposed on the country by the British colonisers during the nineteenth century. Both men deny the charges and will challenge the prosecution on the grounds that it is illegal under the equal rights and non-discrimination clauses of the Malawian constitution.

“Tiwonge and Steven are quite fearful and dejected. They were jeered in court and have been disowned by their families. Conditions in Chichiri jail are appalling. They say they have been beaten in prison and they are now threatened with forced intimate medical examinations to determine whether they have had sex.”

Tags: Homosexuality, Human Rights, Law, london, Malawi, Peter Tatchell, Prison, Tiwonge Chimbalanga

Border Jumpers

Just fyi -- we wrote a column yesterday about the battle for gay rights in Uganda and Malawi on our website Border Jumpers called "Human Rights Battle in Uganda Hits Close to Home" at www.borderjumpers.org.

Here is an excerpt @ http://borderjumpers1.blogspot.com/2010/01/huma...

Uganda, like most of the countries in Africa, is full of contradictions.

While everyone we met in Uganda was friendly and helpful, going out of their way to assist us when we needed directions, a Wifi hotspot, or a place to find vegetarian food, the country also has some of the most restrictive laws against human rights on the continent. While we were there, the "Bahati Bill" was introduced in parliament. The Bahati called for life in prison -- and in some case the death penalty -- for people found “guilty” of homosexual activity.

As gay marriage laws are passed around the world, including most recently in Mexico City, it's hard to believe that lawmakers would punish people for being gay or having HIV/AIDS. The Bahati bill also punishes anyone who fails to report a homosexual act committed by others with up to three years in jail, and a prison sentence of up to seven years for anyone who defends the rights of gays and lesbians.

Uganda’s President Yoweri Museveni, due to mounting pressure from governments such as the United States, across Europe, and in Canada, said that he opposes the measure, and would attempt to try and soften the bill. According to a recent story in Reuters, “the president has been quoted in local media saying homosexuality is a Western import, joining continental religious leaders who believe it is un-African.” With a national election looming in 2012, politicians seem to be using hatred against gays as a scapegoat for rising corruption and the weakening of civil liberties and freedom of the press.

Yet, even the possibility that a watered-down version of the proposed law could be passed, is an alarming sign of a dangerous trend of prejudice all over Africa. In Blantyre, Malawi, for example, a gay couple was arrested last week after having a traditional engagement ceremony. Homosexuality is punishable by 14 years in jail in Malawi
However, human rights advocates continue to fight. In Latin America, they hope that the success of legalized marriage in Mexico City will spread to Argentina, Venezuela, Chile, and other places. Uruguay permits gay parents to adopt and Columbia grants social security rights to same sex couples.

In the United States, gay, lesbian, bi-sexual, and transgender rights is one of the most import civil and human rights battles we currently face. Despite recent setbacks in California, New York, and Maine -- recent success in places like Iowa, DC, and New Hampshire -- means that during next decade the battlefield for LGBT rights is not only in Africa but also right here at home.

All our best, Danielle Nierenberg and Bernard Pollack