Malawi, HIV and Jailing Gay Men
posted: 24/05/2010
UPDATED 2 June - see at end
The Stop AIDS Campaign says that it is with grave dismay that they learnt of the imprisonment of Steven Monjeza and Tiwonge Chimbalanga (the Malawian gay couple jailed for 14 years with hard labour). They join with numerous southern African organisations in condemning the decision and the impact it will have on the individuals and the principle of universal human rights.
The denial of human rights of all kinds has a very negative effect on the response to HIV. Men who have sex with men are at risk of HIV transmission in all regions of the world, including Africa. The more marginalised they become, the higher the risk, and this decision – which runs contrary to stated government policy on HIV and the rights enshrined in the constitution of Malawi – will drive them further away from the information and services essential to an effective HIV response. Stigma and discrimination have potent consequences – countless thousands have died from HIV as a result of silence and fear.
A commitment to human rights is essential to securing equitable and fair development. It must be an intrinsic part of the effort to end the spread of HIV. The eyes of the world are now on the government of Malawi. We have written to the Malawi high commission calling on them to demonstrate its government's commitment to universal human rights and an effective, inclusive Aids response by releasing the men and moving to repeal laws which deny human rights. We also call on them to take action to combat homophobia in Malawi and to lead an honest and open dialogue on the impact of discrimination against key populations, such as men who have sex with men, drug users and sex workers, on the African Aids response.
Alan Smith
Chair, Stop Aids Campaign
Source - letter to the Guardian
Malawi already knows what to do
It was just over one year ago that the Malawian president's secretary for nutrition and HIV told Malawi's HIV conference that a key need is to follow a human rights approach to HIV that includes gay men.
Recognizing the rights of Malawi's gay population is essential if the spread of HIV is to be checked, the president's secretary for nutrition and HIV said. "There is a need to incorporate a human rights approach in the delivery of HIV and AIDS services to such risk groups like men who have sexual intercourse with men," Mary Shawa said at the opening of a two-day AIDS conference in Lilongwe.
1 in 4 gay Malawian men have HIV
While prevention campaigns are credited with lowering Malawi's overall HIV prevalence from 14% to 12%, the Center for the Development of People, which serves the gay community, estimates that 25% of Malawi's gay men are HIV-positive.
2 June UPDATE
Malawi Pardons Couple
Although the Malawian President has pardoned the gay couple who were jailed for the 14 years maximum with hard labour, they have now been separated and forced to live apart. And the human rights and HIV prevention problems for men who have sex with men in Malawi remain unaffected by the President’s decision.
A gay couple sentenced to serve 14 years in jail in Malawi were pardoned after their country's president met Ban Ki-moon, the UN secretary general. Steven Monjeza, 26, and Tiwonge Chimbalanga, 20, were tried and found guilty of sodomy and indecency earlier this month in a move that sparked international condemnation.
But after talking with Ban, Malawi's president, Bingu wa Mutharika, announced the pair would be freed.
"These boys committed a crime against our culture, our religion and our laws," he said after the meeting, at State House. "However, as the head of state, I hereby pardon them and therefore ask for their immediate release with no conditions. I have done this on humanitarian grounds, but this does not mean that I support this." He added: "We don't condone marriages of this nature. It's unheard of in Malawi and it's illegal."
Ban praised the decision, but said: "It is unfortunate that laws criminalise people based on sexuality. Laws that criminalise sexuality should be repealed."
He is due to address Malawi's national assembly later and is expected to ask legislators to look at this.
Joseph Amon from Human Rights Watch said the president was responding to the international outcry following the couple's conviction and sentence.
"I hope that other leaders of African countries with anti-gay laws see that this is just not acceptable in the international community," he said.
Source
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