Muslim Association of Malawi calling for country's homosexuals to be given the death penalty

This suggestion comes at a time as some Civil Society Organisations (CSO) are pushing for the country to abolish the statute that penalise the act. Currently the maximum jail term sentence for those found guilty by the courts is 14 years.

In what will be viewed as stirring up hatred on the grounds of sexual orientation, MAM Secretary General Dr Salmin Omar Idrussi is advancing that homosexuality should remain criminalised and the maximum sentence should be pegged at death.

“Although Malawi is regarded as a secular state but the country is blessed with God fearing citizens who can’t afford to deviate from God’s commandments for the sake of pleasing others who practice the act,’’ Idrussi is quoted by malawimuslims.com, an official website for Malawi Muslims.

‘‘Even animals like goats don’t do this, what more with human beings like us who were blessed with wisdom by the Almighty God? The offenders need to be handed death penalty as a way of making sure that the issue is curbed.”

Idruss argues that capital punishment was the only way to rid society of homosexuality.

He said Muslims condemn sinful behaviour in society and would want death penalty clause in the laws for homosexuality.

Recently, Christian churches called for the government to call for a referendum for Malawians to make a choice on the matter.

Sheikh Idrussi said the plebiscite should be asking people whether they are happy with the current law which attracts a maximum penalty of a 14 year jail term of put death penalty.

UNAids, the Malawi Law Society and Malawian rights groups have asked the High Court to overturn as unconstitutional laws banning same-sex relationships.

They also challenge the convictions of three men jailed in 2011.

The three men convicted in 2011 by a Magistrate’s court in Blantyre are Amon Champyunu, Mathews Bello and Mussa Chiwisi. All are serving long jail term ranging from 10 to 14 years.

But Supreme Court of Appeal has granted Government a stay order stopping proceedings of the matter.

"As long as same-sex relationships are consensual and in private no one has business to get bothered," law society spokesman Felicia Kilembe said.

In Malawi, homosexuality became contentious in 2009, when two men were arrested and charged with public indecency for getting married in a traditional ceremony. Gay activists want the court to declare the laws criminalising homosexuality unconstitutional.

Source: Nyasa Times, Feb. 17, 2014

Florida’s treatment of death row prisoner would be considered ‘inhuman’ or ‘torture’ in UK, Europe & Africa

Manuel Valle

The treatment of a man who has been held for over three decades on death row in the US and is now facing execution in a matter of days would be considered ‘inhuman’, ‘degrading’ or even ‘torture’ in a swathe of other jurisdictions around the world, legal action charity Reprieve can reveal.

Manuel Valle, a Cuban national with strong Spanish links, has been awaiting execution on Florida’s death row for 33 years, and with a stay set to be lifted this evening, could face lethal injection in a matter of days.

Being held on death row for such a long time has been described by the UK Privy Council as “an inhuman punishment because it add[s] to the penalty of death the additional torture of a long period of alternating hope and despair.”

Most countries that administer the death penalty agree that it is entirely unacceptable to subject anyone to such additional punishment before finally carrying out an execution. Examples include Kenya, Malawi and Uganda – where three years on death row, a delay one tenth as long as that faced by Mr Valle, can result in commutation of the death sentence.

The European Court of Human Rights has also held that where a ‘condemned prisoner has to endure for many years the conditions on death row and the anguish and mounting tension of living in the ever-present shadow of death’ that is a violation of prohibitions against ‘inhuman or degrading treatment or punishment’.

Mr Valle has now spent well over half of his life on death row, having been sentenced at the age of 27. Much of the time he has served has been due to a series of botched trials resulting from mistakes made by the trial judge or misconduct by the prosecution.

Reprieve investigator Katherine Bekesi said: “Traditionally, the State has always blamed the prisoner, desperately trying to avoid death through his right to appeal, for any delays in execution. However in this case it was the State that gave Mr Valle two unfair trials and spent over a decade trying to correct their mistakes. For Mr Valle, every botched trial was another trauma as he was sentenced to death again and again, spending years in between wondering what was to become of him.”

Source: Reprieve, September 8, 2011

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In Africa, homosexuality emerging as hot-button issue

In Kenya, Prime Minister Raila Odinga recently told supporters in the Nairobi slum of Kibera that he would order police to arrest gays. In Uganda and Malawi, debate is rising over the legality of homosexuality.

Long seen as a fringe societal taboo far from the realm of African politics, homosexuality is emerging as a hot-button issue throughout much of the continent. Kenya, East Africa's economic hub, joined the trend in late November when Prime Minister Raila Odinga told supporters in the Nairobi slum of Kibera that he would order police to arrest gays.

"We will not tolerate such behavior in the country. The Constitution is very clear on this issue, and men or women found engaging in homosexuality will not be spared," Mr. Odinga said in Swahili, in comments that were taped by several news organizations. "Any man found engaging in sexual activities with another man should be arrested. Even women found engaging in sexual activities will be arrested."

The statement -- which brought cheers in the Kibera slum -- has created a sharp divide between Christian conservatives, who argue that homosexuality is against religious laws and "the law of nature," and human rights activists, who argue that stigmatizing any minority is illegal. It serves as the latest example of an outlook driven by the growing political assertiveness of powerful Christian churches that bolster existing social stigmas against gays.

"Normally, we judge a country's development by its tolerance of minorities," says Njeri Kabeberi, executive director of the Center for Multiparty Democracy in Nairobi. "We've seen this same issue come up in Uganda, in Zimbabwe, in Malawi, where gays are assaulted, arrested, jailed. Anything like that, the prime minister should condemn, but instead, he's encouraging it."

Ms. Kabeberi encouraged the prime minister to retract his statement, if only because Kenya's newly enacted Constitution does not, in fact, make homosexuality illegal. (Kenyan law merely states that marriage should be defined as between a man and a woman.)

If the statement was Odinga's attempt to become popular with Kenya's powerful churches, she adds, "the wrath of the civil society is going to make him wish he wasn't popular on this issue. He should be urging Kenyans to be tolerant, instead of himself being intolerant."

While recordings of Odinga's speech have been made public online, Odinga's spokesman Dennis Onyango issued a statement saying that Odinga was misquoted.

Odinga said he intended to clarify that the Constitution was not, as alleged by opponents, going to legalize same-sex marriages.

Yet even this statement stops short of retracting the statement attributed to Odinga of calling for the arrest of gays.

A regional trend

In Uganda, where homosexuality is already illegal under British colonial-era laws, the parliament briefly debated and then withdrew a proposed bill that would have imposed lengthy sentences, and in some cases the death penalty, for homosexuals.

In Malawi, an openly gay couple was convicted in May under a colonial-era law banning "unnatural acts" and sentenced to 14 years in prison, before international pressure prompted the government to set the sentences aside.

And in Kenya, as the country prepared to vote last summer in a referendum to establish the new Constitution -- an attempt to prevent a return of the leadership crisis that followed ethnic clashes after the December 2007 elections -- it was conservative Kenyan churches (urged on by the Pat Robertson-funded American Center for Law and Justice) who opposed the Constitution, arguing incorrectly that the new Constitution would have legalized abortion and same-sex marriages.

Converging reasons

Wanyeki Muthoni, executive director of the independent Kenya Human Rights Commission, says that the tumult over homosexuality is the result of three converging trends.

First, Kenyan gays are becoming more politically active and vocal, lobbying hard for "basic equality and nondiscrimination." Second, the global debate over the ordination of gay priests, increasingly accepted in Europe and the United States, has caused a conservative backlash here in Africa, with African churches largely rejecting those reforms. Finally, African churches have been radicalized by what Ms. Muthoni charges is "the ever-increasing influence of homophobic American Evangelicals in Africa."

For Kenyan gays, Odinga's statement means tough times ahead.

"Harassment has been going on. Yesterday, two people were arrested by cops for homosexuality; three people were arrested the day before, but they managed to get out of jail," says Zawadi Nyongo, an independent social justice activist. "I have been receiving hate mail myself, through e-mail, and I'm not even on the front lines."

"We're all baffled by this," she adds. "How can a government that is trying to help people to get tested for HIV and to seek treatment, how can thatsame government talk about arresting gays?"

Source: Christian Science Monitor, December 9, 2010

US hopes Malawi gay pardon sends message 'around the globe'

Washington - The White House Saturday said it was "pleased" to hear that a gay couple in Malawi had been pardoned from a long prison sentence and hoped the decision would open new dialogue and send a global message.

In a statement, the White House press secretary was reacting to the decision by Malawi President Bingu wa Mutharika to grant the pardon, which came as UN Secretary General Ban Ki-moon visited the country.

The couple, Steven Monjeza, 26, and Tiwonge Chimbalanga, 20, (pictured) had been sentenced to 14 years in prison after they openly celebrated their engagement. Homosexual acts are banned in the southern African country.

"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," the White House said.

The White House called for a renewed commitment to "ending the persecution and criminalization of sexual orientation and gender identity."

Malawian's views on homosexuality are shared by many people in Africa, where gays suffer widespread discrimination, repression and, sometimes, violence.

The parliament of the central African nation of Uganda, where homosexuality is already prohibited, is considering a bill that would increase the penalties for homosexual acts from 14 years in jail to life, or even the death penalty, for some acts.

Zimbabwe's President Robert Mugabe has described gays as "worse than dogs and pigs."

Source: EarthTimes, May 29, 2010

Mozambique: Government Urged to Prevent Executions in Malawi

The Mozambican Human Rights League (LDH) has called on the government to take "immediate measures" to prevent the execution of 6 Mozambicans sentenced to death in the neighbouring Malawi.

The 6 were tried and sentenced to death, accused of murder. They are being held at the maximum security jail in Zomba. An LDH press release, received by AIM on Thursday, says that by sentencing these Mozambicans to death, Malawi is violating international conventions to which it is a signatory.

According to the LDH, under article 36 of the Vienna Convention on Consular Relations, ratified by Malawi in 1965, and by Mozambique in 1980, the Malawian authorities should "immediately" inform Mozambique about any detention of a Mozambican citizen.

This would allow the Mozambican authorities to provide adequate legal assistance to the detainees and guarantee their right to defence in a regular and fair trial. However, the Mozambican authorities were not informed that Mozambican citizens had been detained, and these Mozambicans did not have any legal assistance during their trial.

"The eventual violation of this instrument of the Vienna Convention implies, according to the jurisprudence of the International Court of Justice, that the case leading to the death sentences is null and void", the LDH argues.

The LDH says that Mozambique may apply for the case to be declared null and void either to Malawian legal institutions or to the International Court of Justice.

The LDH adds that, in the absence of an extradition treaty between Mozambique and Malawi, it is important to start negotiations that would lead to an agreement on extradition, since Mozambique has the conditions and capacity to duly punish the offenders.

"This agreement would include handing over those convicted to serve their sentences in Mozambique and, because there is no death sentence in this country, it should be replaced by the longest sentence envisaged in our legal code, which is 24 to 30 years imprisonment", said the League

The LDH also pointed out that it is high time extradition treaties were signed with other countries within the Southern African region to prevent future situations of this kind and improve protection for Mozambicans who come into conflict with the law abroad.

It seems unlikely that the six Mozambicans will be executed, since Malawi has not carried out any death sentences since 1992.

Source: All Afrida News, May 22, 2010

Uganda: Debate on 'death penalty for homosexuals' continues

Share Despite protests and criticism from the international community, proposed bill in Uganda of death penalties for active homosexuals living with HIV is most likely to continue. The legislation also promotes the possibility for the family, friends, or even landlords of Ugandan homosexual gays to be imprisoned for 7 years if they "aid, abet, counsel or procure another to engage of acts of homosexuality."

Debates are still going on in Uganda, while the bill's defenders say they are open to constructive criticism to further improve the law. To change death penalties to lifetime imprisonment is also suggested by a senior minister from Kampala.

The bill has, however, received a lot of condemnations from gay rights activist and international community alike. Activists say this is a step back to the fight against HIV/AIDS and is likely to have a backlash from a growing gay community in the continent. President Obama calls the policy 'odious.' European Union and Britain's Africa minister had also criticized the bill earlier this year.

Source: Findtut, May 20, 2010

Malawi gay couple receive maximum 14-year hard labour sentence

A gay couple convicted of having homosexual sex in Malawi have received the maximum 14-year jail sentence.

The pair have been held in custody since December 28th when they were arrested in Blantyre for holding a traditional wedding ceremony.

Steven Monjeza, 26, and Tiwonge Chimbalanga, 20, (pictured) were told by a judge they would also serve hard labour as a warning to other gay people in the country.

The couple were convicted on Tuesday of unnatural acts and gross indecency after being arrested in December.

Associated Press reports that magistrate Nyakwawa Usiwa told them: "I sentence you to 14 years imprisonment with hard labour each. That's the maximum under the penal code.

"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," he added.

The pair pleaded not guilty to the charges and were held in prison without bail for four and a half months.

On Tuesday, the Malawian minister of information, Leckford Mwanza Thotho, said the government was pleased at the conviction.

"What we are saying is that the ruling or the court proceeding as of today, reflects our tradition in Malawi. It just shows that the gay issue is against our culture in Malawi,” he said.

Source: Pink News, May 20, 2010

Ugandan MP to be banned from UK if his gay death penalty bill succeeds

David Bahati wants to execute consenting same-sex couples, arguing it is a crime they choose to commit.

The British government will ban a Ugandan MP from travelling to the UK if he is successful in passing a law that would impose the death penalty in Uganda for being gay.

Civil servants in the Foreign Office, the Department for International Development and the Borders Agency are drawing up plans to block the visa of born-again Christian MP David Bahati if he does not drop legislation that would see consenting adults who have gay sex imprisoned for life and impose the death penalty on those with HIV which will be called "aggravated homosexuality".

The bill also proposes the death penalty for those having gay sex with anyone under the age of 18, with someone disabled or what the legislation describes as "serial offenders".

It also calls for life prison sentences for those "promoting homosexuality", which could come to mean human rights groups or those who fail to inform on a gay couple.

One senior British government source said the issue could turn into a "major diplomatic incident if the Ugandans do not back down". President Barack Obama has already described the legislation as odious.

The British government's views have been conveyed to Uganda but officials have not received a clear sense of whether the legislature will pass the bill into law.

Ugandan government officials appear to be using stalling tactics, suggesting it will not come to a vote until 2011, deflecting pressure from a government that could change in the forthcoming general election.

Bahati submitted a private member's bill to the Ugandan parliament last year arguing that homosexuality is a lifestyle choice.

Gay sex is already illegal in Uganda but backbenchers there are pushing for more draconian punishment by preying on fears that homosexuals are "recruiting" children at schools.

Though observers believe President Yoweri Museveni was beaten back by the level of international opprobrium, a march against homosexuality in Uganda last month attracted 2,000 supporters.

The British government is concerned by a wave of anti-gay sentiment sweeping Africa that has also put pressure on homosexual people in Zimbabwe, Zambia and Nigeria.

Besides rescinding the visa of the backbencher, other options considered have been blocking aid to the Ugandan government. The government has switched its strategy to individual visa blocking amidst signs that threats to withhold aid backfire.

Bishop Joseph Bvumbwe, chairman of the Malawi Council of Churches, has accused western donors of trying to use aid as a bait to force Malawi to legalise homosexuality.

British officials have already rescinded the visas of those involved in the Kenyan election riots and members of the Zimbabwean government.

Source: The Guardian, April 19, 2010

Fear grows among Uganda's gay community over death penalty draft law

There was a time in Kampala when gay men would meet for furtive one-night stands, even if they were prevented from forming lasting relationships in a country where homophobia is rife.

"You would just have sex, then disappear. We were secretive out of fear," said Peter, 39. At one point, things had begun changing for the better. "You could know where a guy lived and hung out; you could start to form relationships, something more permanent," he said. "Then along comes this Bill that wants to kill us."

Homosexuality has always been illegal in Uganda, but draft legislation introduced by a born-again Christian parliamentarian proposing the death penalty for gay sex, under certain conditions, has upped the ante. Peter is again living in fear.

Anti-gay sentiment is on the rise in many parts of Africa. In a bellwether case, a gay couple face trial for "unnatural practices" in Malawi; in Kenya, police arrested guests at what is claimed to have been a gay wedding last week supposedly to protect them from an angry mob. "They are proposing a witch-hunt," said Peter. "That Bill could put me to death, or in prison, in many ways. They want to legislate us out of existence."

The draft law proposes the death penalty for having gay sex with anyone under 18, if infected with HIV/Aids, or with someone who is disabled or for being what the Bill terms "a serial offender." Gay sex between consenting adults would lead to a life sentence.

It also calls for prison sentences for those "promoting homosexuality" which could be interpreted to mean any human rights groups and for anyone failing to report a homosexual act to the authorities.

Pentecostal pastors across Uganda have exploited widespread moral conservatism to raise fear and anger against homosexuals. At the forefront is Martin Ssempa, the chairman of the inter-religious National Pastors Task Force against Homosexuality in Uganda. This week, 2,000 men, women and children joined his march in Jinja, a town 50 miles (80km) east of the capital. They waved banners, said prayers and quoted passages from the Bible. Other mass demonstrations are planned in coming weeks, although a "Million Man March" due to take place in the capital was cancelled when police refused to grant permission.

At a press conference this week, Mr Ssempa displayed pictures of explicit gay porn downloaded from the internet. "You see what these homosexuals do!" declared the pastor, working himself into a frenzy of disgust at the slideshow that he had prepared. His performance was condemned by gay rights groups who accuse him of equating homosexuality with paedophilia and perverse sexual practices.

When The Times met Mr Ssempa, he was wearing a "Ugandans against sodomy" badge and a broad smile. "Western civilisation has been taken over by homosexual activists," he said. "This is a culture clash and a battle." He described the Bill as "best practice" in an attempt to halt "predatory homosexuals."

International condemnation has been vocal. President Obama described the draft law as odious and some donor countries have threatened to withhold aid.

President Museveni of Uganda seems increasingly embarrassed by the debate and it appears likely that the death penalty clause will be dropped. For gay Ugandans, however, the hatred that has been stirred up will not be easily forgotten.

Source: Times Online, Feb. 20, 2010