Steven Monjeza and Tiwonge Chimbalanga The UN High Commissioner for Human Rights and Madonna are among those speaking out against the jailing of a gay couple in Malawi. Steven Monjeza and Tiwonge Chimbalanga have been sentenced to 14 years of hard labour for 'gross indecency and unnatural acts'. The men were arrested after holding an engagement ceremony. UN High Commissioner for Human Rights Navi Pillay says the jail term is “blatantly discriminatory” and sets an alarming precedent in the region for the treatment of lesbian, gay, bisexual and transgender people, as well as groups that support them. "I am shocked and dismayed by the sentence and reports of the treatment of Steven Monjeza and Tiwonge Chimbalanga while in detention," she says. "The law which enabled the conviction dates back to the colonial era and has lain dormant for a number of years - rightly so, because it is discriminatory and has the effect of criminalising and stigmatising people based on perceptions of their identity. If this was replicated worldwide, we would be talking about the widespread criminalisation of millions of people in consensual relationships and the rampant violation of privacy." The High Commissioner is calling for the conviction to be repealed and for the penal codes criminalizing homosexuality to be reformed. Pillay is also concerned the case appears to have stimulated a marked deterioration in official and public attitudes in Malawi, not just towards individuals perceived as being homosexual, but also towards organizations that speak out about sexual orientation and related issues, including ones doing vital work to mitigate the impact of HIV/AIDS. "I fear the reverberations of this decision, along with the recent attempt to bring in a new draconian bill aimed at homosexuals in Uganda, could have severe repercussions throughout the African continent," Pillay says. "It will inevitably drive same-sex couples underground, and if this trend continues and spreads, not only will it mark a major setback to civil liberties, it could have a disastrous effect on the fight against HIV/AIDS. So, in addition to the serious moral and legal ramifications of this decision, it raises intensely practical problems as well." The High Commissioner dismissed the argument that discrimination against people on the grounds of sexual orientation is a cultural issue, saying it is a question of fundamental rights. Madonna, who has adopted two children from Malawi says she is shocked and saddened by the sentence. "As a matter of principle, I believe in equal rights for all people, no matter what their gender, race, color, religion, or sexual orientation," she says in a statement on raisingmalawi.org "This week, Malawi took a giant step backward. The world is filled with pain and suffering; therefore, we must support our basic human right to love and be loved." Madonna is calling on the 'progressive men and women of Malawi" and people all over the world to challenge the decision in the name of human dignity and equal rights for all. The Church of Scotland has condemned the jail sentence as 'unjust', while gay and human rights groups from across the globe are expressing complete outrage. A Malawian daily newspaper has even expressed concern the judgement portrays it as a cruel nation. Up to 40 percent of Malawi's budget comes from foreign donors and Britain will reportedly review its tens of millions of pounds in aid if the Government refuses to free Monjeza and Chimbalanga. In New Zealand, Rainbow Labour MPs have urged the Government to take a stand by registering an official protest. The couple's lawyers plan to appeal.
Credit: GayNZ.com Daily News staff
First published: Monday, 24th May 2010 - 6:50pm