Today\u2019s [5 Nov 2012] statement by Malawi\u2019s Justice Minister that laws criminalising same sex sexual conduct are suspended pending a decision on whether or not to repeal them is a historic step in the fight against discrimination in the country.<\/p>\n
Justice Minister Ralph Kasambara said he wanted debate on the issue before parliament decides whether to keep the laws or not.<\/p>\n
\u201cAmnesty International welcomes Minister Kasambara\u2019s statement and hopes it serves as the first step towards ending discrimination and persecution based on real or perceived sexual orientation and gender identity in Malawi,\u201d said Noel Kututwa, Amnesty International\u2019s southern Africa director.<\/p>\n
Sections 153 and 156 of Malawi\u2019s Penal Code criminalize same sex sexual conduct between men and those convicted face up to 14 years imprisonment, with or without corporal punishment.<\/p>\n
Section 137A of Malawi\u2019s Penal Code criminalizes \u201cindecent practices between females,\u201d with anyone found guilty liable to a prison term of five years.<\/p>\n
\u201cWe urge the government not to lose momentum on this basic human rights issue and to ensure the full repeal of these discriminatory and hate-filled laws,\u201d said Noel Kututwa.<\/p>\n
In 2010, two persons were sentenced to 14 years imprisonment in Malawi on charges related to same sex sexual conduct. They were later pardoned following international condemnation.<\/p>\n
Background<\/strong><\/p>\n Criminalisation of individuals on the basis of their real or perceived sexual orientation or gender identity violates Malawi\u2019s obligations under treaties it has ratified, including the International Covenant on Civil and Political Rights, the African Charter on Human and Peoples\u2019 Rights and the Malawian Constitution. These obligate Malawi to respect and protect freedom from discrimination, freedom of conscience, expression and right to privacy.<\/p>\n Criminalisation laws can also violate the right to health as set out under the International Covenant on Economic, Social and Cultural Rights, also ratified by Malawi.<\/p>\n