Moratorium on Malawi’s Anti-Homosexuality Laws a First Step in Ending Discrimination

Freedom House welcomes the Malawian government’s decision today to temporarily suspend its pernicious anti-homosexuality laws. This is a positive first step in ending the persecution of lesbian, gay, bisexual and transgender (LGBT) persons; however, Freedom House calls upon the parliament to repeal all legislation that criminalizes homosexuality and for the government to take steps to ensure the safety of all LGBT persons.

Justice Minister Ralph Kasambara announced on November 5 the government is enforcing a temporary moratorium of anti-homosexuality laws, temporarily suspending laws that make ‘same-sex’ relationships illegal and ordering police not to arrest gays. The moratorium, he said, is supposed to give parliament time to make a decision on the constitutionality of anti-homosexuality laws in Malawi and give public the time to engage in debate over the law.

Malawi is rated Partly Free in Freedom House’s Freedom in the World 2012 and Freedom of the Press 2012 reports. In Malawi, as in a number of other African countries, consensual sexual activity between same-sex couples is still considered illegal, punishable by up to 14 years in prison. There was international outcry when in December 2009, a gay couple who was engaged during a traditional ceremony was charged with gross public indecency. In May 2010, the couple was found guilty of engaging in unnatural acts and was sentenced to 14 years in prison. However, former president Bingu wa Mutharika pardoned the couple later that month. Following the death of Mutharika earlier this year, his successor, Joyce Banda, recommended homosexuality be decriminalized.

Learn More:

Freedom in the World 2012: Malawi
Freedom of the Press 2012: Malawi
Blog: Freedom at Issue