Malawi puts its anti-gay laws on hold ahead of vote

Malawi has declared a moratorium on its anti-gay laws ahead of a public debate on the controversial issue and a vote in parliament on whether they should be repealed altogether.

The announcement, by justice minister Ralph Kasambara, means police can no longer arrest or prosecute those who practice homosexual behaviour.

It comes after Malawi’s new president, Joyce Banda, said in May that one of her first acts while in office would be to normalise same-sex relationships “as a matter of urgency”.

Her stance, a rarity on a continent where 37 countries have criminalised homosexual activities, was applauded by western donors, who flooded back to the country after the death of her autocratic predecessor, Bingu wa Mutharika, in April.

In October, it appeared that Africa’s second female head of state might be rowing back on her pledge, after she said in an interview that Malawians were “not ready” to deal with the law’s overturn.

Speaking during a public debate on the issue last week, Mr Kasambara said that while the president did not wish to “interfere or be judgmental” on an issue that has polarised deeply conservative Malawians, she did wish to start a conversation.

“It is now up to all stakeholders including civil society to encourage a robust debate,” he said. “We agree as a nation that we have to be bold on the issue.”

At present, Malawi has several laws criminalising same-sex sexual conduct. Men found to be practising are liable to up to 14 years’ imprisonment with corporal punishment, while “indecent practices between females” is punishable by up to five years in prison.

Malawi made world headlines in 2010 when two men were arrested for getting married. Steven Monjeza, 26, and Tiwonge Chimbalanga, 20, were sentenced to 14 years’ imprisonment and spent five months in jail, until Mr wa Mutharika pardoned them.

Mr Kasambara said reforming the current laws was simply a matter of good housekeeping.

“If we continue arresting and prosecuting people, and later such laws are found to be unconstitutional, it would be an embarrassment to government,” he said. “It is better to let one criminal get away with it rather than throw a lot of innocent people in jail.”

Noel Kututwa, southern Africa director for Amnesty International, applauded the “first step” towards Malawi’s liberalisation.

“We urge the government not to lose momentum, and to ensure the full repeal of these discriminatory and hate-filled laws,” he said.

But John Kapito, chairman of Malawi’s Human Rights Commission, said that with few arrests in the country these days for homosexuality, the move was largely symbolic and aimed at “winning hearts” among the international community rather than among Malawians.

He questioned whether an amendment to the current laws would ever be tabled.

“I don’t think you will see Malawian MPs voting in favour of a law that legalises minority rights because it would make them very unpopular among their constituents,” he said.