Malawi’s human rights advocates seek an end to anti-LGBT laws

U.N. agency plans to review human rights in the southern African nation on Nov. 14.

Michael Kayiyatsa, executive director of the Centre for Human Rights and Rehabilitation (CHRR): “The UPR is an important opportunity for Malawi to take stock of its human rights record.”
For more than 15 years, the southern African nation of Malawi has been debating — and rejecting — the possibility that it might acknowledge the human rights of its LGBTQ citizens.
That issue is scheduled to be discussed again on Friday, when Malawi’s human rights record will be the focus of the U.N. Human Rights Council.
Elsewhere in southern Africa, anti-homosexuality laws have been overturned or repealed in Angola,  Botswana, Madagascar, Mozambique, Namibia and South Africa. Same-sex intimacy remains illegal in 30 of Africa’s 54 nations.
In Malawi, same-sex intimacy is punishable by up to 14 years in prison. That law was applied in 2009 to transgender woman Tiwonge Chimbalanga and a man, Steven Monjeza, who were arrested after holding a traditional engagement party. They were given 14-year jail terms, but  then-President Bingu wa Mutharika pardoned the couple in 2010.
In 2012, then-President Joyce Banda said she planned to repeal the law criminalizing consensual same-sex relations. For a while, Malawi had a moratorium on enforcement of that law.
Facing intense opposition from church groups and religious leaders, that repeal never happened and the moratorium was overturned.
In 2021, the country witnessed its first LGBTIQ+ Pride march in the streets of Lilongwe, the nation’s capital.
In 2024, the High Court rejected two challenges seeking to overturn Malawi’s anti-gay laws, includng laws against “indecent practices between males” and “unnatural offences”.
Now, a coalition of civil society organizations is once again challenging those laws.
Nyasa Times reports on their effort:
Malawi’s Human Rights Record Under Scrutiny
Malawi is geared for its fourth Universal Periodic Review (UPR) of human rights, amid calls for the country to repeal laws that discriminate against sexual minorities and reaffirm its commitment to advancing human rights for all citizens.
The UPR, a unique process under the United Nations Human Rights Council, provides a platform for countries to share best practices, identify gaps, and foster international cooperation in upholding fundamental rights and freedoms.
Community Health Rights Advocacy (CheRA), a coalition of civil society organizations has since called the Malawi delegation to the UPR review scheduled for November 14 in Geneva, Switzerland to be transparent and address punitive laws, particularly in the Penal Code, which have been criticized for discriminating against marginalized groups so that Malawi’s human rights record is thoroughly examined and accurately reflect the country’s progress in upholding fundamental human rights.
According to CheRA, one of the key concerns that needs to be addressed at the UPR is the criminalization of same-sex relationships where homosexuality currently attracts up to 14 years imprisonment.
CHeRA Executive Director Aniz Mitha: “We want the government to commit to reforming laws that discriminate against LGBTIQ+ individuals.” (Photo courtesy of Atlas Malawi.com)
Aniz Mitha, executive director at CheRA, said in a press release that Malawi needs to reform policing laws and ensure that law enforcement agencies do not hinder the sexual reproductive health rights of key populations.
“We want the government to commit to reforming laws that discriminate against LGBTIQ+ individuals and ensure that they have access to healthcare services without fear of persecution,” said Mitha.
Mitha said there was also a need to review the Extended 2023-2027 National HIV Strategic Plan to ensure that it provides equitable access to health services for key populations, including LGBTIQ+ individuals.
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“It’s time for Malawi to take a stand and promote inclusivity and equality for all citizens, regardless of their sexual orientation or gender identity,” said Mitha.
The UPR review process which is based on three documents: the national report provided by the State under review, information from independent human rights experts and groups, and information from other stakeholders, including civil society organizations comes after every five years.
The UPR review offers Malawi an opportunity to demonstrate its commitment to upholding human rights and to address the challenges that remain.
“The UPR is an important opportunity for Malawi to take stock of its human rights record and demonstrate its commitment to international human rights obligations. It allows the country to showcase progress made since the last review, such as reforms, policy measures, and implementation of previous UPR recommendations,” said Michael Kayiyatsa, executive director of the Centre for Human Rights and Rehabilitation (CHRR).
He said the Malawi delegation is expected to present a comprehensive national report detailing actions taken to improve human rights protection, including updates on legislative, institutional, and policy developments.
Kayiyatsa said there was a need for Malawi to reform abortion and same sex laws so that they would align to the country’s legal, constitutional and international human rights obligations.
“Restrictive laws on abortion have contributed to preventable maternal deaths and unsafe abortions, which disproportionately affect poor. Similarly, the current legal environment concerning sexual minorities undermines access to health services, fuels stigma, and exposes individuals to discrimination and violence,” he said.
Kayiyatsa said as the country undergoes this critical human rights review process, the government needs to to engage with civil society and other stakeholders to ensure that the country’s human rights record is accurately reflected and demonstrate concrete steps that are being made to promote inclusivity and equality.