Issues that Malawi Human Rights Commission must consider in its national inquiry on LGBT Rights

By Alan Msosa

It has been reported  that this July the Malawi Human Rights Commission (MHRC) will conduct a survey to establish the views of lesbian, gay, bisexual, and  transgender (LGBT) Malawians. This survey follows an instruction by the Ministry of Justice, issued in November 2016, for MHRC to hold a national public inquiry to seek peoples’ views about homosexuality in order to inform the government’s decision  to decriminalise or not anti-gay laws. According to MHRC Chairperson, Justin Dzonzi, a report of the survey will be submitted to the Ministry of Justice by the end of October. In this article, I discuss the importance of the survey and propose how MHRC can use the national inquiry to bridge the gap between opposing views in the debate about homosexuality in Malawi.

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Why Malawi is not (currently) repealing anti-gay laws

By Alan Msosa

In recent years growing global advocacy calling for the repeal of anti-gay laws has faced fierce resistance especially in Africa. Proponents argue that decriminalisation of same-sex acts is necessary to end discrimination and facilitate protection of LGBTIQ persons’ human rights.

Same-sex sexual acts are illegal in 74 countries globally, that is 39% of United Nations’ member states. 93% of Commonwealth citizens live in jurisdictions where same-sex acts are a criminal offence. In Africa, such acts are criminal in 34 states, or approximately 62% of African Union member states.

In Malawi, same sex acts are criminalised under sections 137A, 153, 156 of the penal code on unnatural offences, indecent practices between males, and indecent practices between women respectively. In addition, the Marriages, Divorce and Family Relations Act makes it illegal to claim a gender identity other than that assigned at birth. Continue reading

University of Essex Human Rights Centre qualify for oral round of LSE-Featherstone Sexual Orientation and Gender Identity Moot competition

A University of Essex Human Rights Centre team has qualified for the oral rounds of the second LSE-Featherstone Sexual Orientation and Gender Identity Moot competition. The competition will take place on 3rd to 4th March 2017 at the London School of Economics. The Essex team consist of postgraduate students Luiza Drummond Veado, Fredrik Aahsberg and Angela Giannini. The coaches are PhD students Paulina Jimenez Fregoso and Alan Msosa.

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