EDM urges dropping the charges, decriminalise same-sex relations

LONDON, January 23, 2010  –  Thirty-three British MPs have so far signed  a House of Commons Early Day Motion (EDM 564), which condemns Malawi’s arrest and current trial of two men, Steven Monjeza and Tiwonge Chimbalanga, who are accused of a homosexual relationship.

The pair face up to 14 years in jail, and have already suffered abuse, humiliation and violence while being held on remand in Chichiri Prison, in the city of Blantyre.

The EDM, tabled by Liberal Democrat MP John Hemming, also urges the dropping of all charges and the decriminalisation of homosexuality in Malawi.

“The men's prosecution and the ban on homosexuality violate the equality and non-discrimination provisions of the Constitution of Malawi and of the African Charter on Human and Peoples’ Rights, which Malawi has signed and pledged to uphold,” said Peter Tatchell of the London-based gay human rights group OutRage!

Mr Tatchell has been working with Malawian friends to support the men on trial and to oppose their prosecution.  He helped organise the EDM in the British Parliament.

“The EDM will be communicated to the Malawian High Commissioner in London,” Mr. Tatchell added.  

“It will hopefully add to pressure for the acquittal of Steven and Tiwonge and for the eventual decriminalisation of homosexuality by the Government of Malawi.”

“We hope this parliamentary motion will send a strong signal from the House of Commons to the Malawian government that the criminalisation of consenting same-sex relations is a violation of human rights. Malawi's lesbian, gay, bisexual and transgender citizens have a right to privacy, equality, respect and dignity, under the country's constitution and under international humanitarian law.

“Malawi is a sovereign nation and we respect its independence.  But we hope that its government will recognise that this trial and the criminalisation of homosexuality are contrary to the human rights principles that Malawi has embraced since its transition from dictatorship to democracy.

“We appeal to the kindness and generosity of the Malawian people and government: please show mercy to Steven and Tiwonge and do not persecute your fellow Malawian citizens who are lesbian, gay, bisexual and transgender.

“OutRage! supports the many Malawian people who oppose homophobia and the prosecution of these two men.  It is encouraging to hear people in Malawi say: live and let live.

“Tiwonge and Steven have harmed no one. They should not be on trial,” Mr Tatchell concluded.

EDM 564 - Human Rights in Malawi reads: “This House notes the same-sex engagement ceremony in late December 2009 of Steven Monjeza and Tiwonge Chimbalanga; calls upon the President of Malawi to ensure that they are released from jail and that all charges against them for homosexual relations are dropped; calls upon the Government of Malawi to decriminalise homosexuality in accordance with the equality and non-discrimination clauses of the Malawian constitution and the African Charter on Human and Peoples' Rights, and to ensure the human rights of all its citizens, regardless of sexual orientation or gender identity”.

As of today, 33 MPs from all parties have signed the EDM.  They are: Peter Bottomley, Menzies Campbell, Alistair Carmichael, Martin Caton, Katy Clark, Harry Cohen, Frank Cook, Ann Cryer, John Cummings, Edward Davey, Janet Dean, Andrew Dismore, Mark Durkan, Bill Etherington, Neil Gerrard, Lady Hamilton, John Hemming, Kelvin Hopkins, Lynne Jones, John Leech, Elfyn Llwyd, Chris McCafferty, Ian McCartney, John McDonnell, Alan Meale, Laura Moffatt, Andrew Pelling, Greg Pope, Alan Simpson, Desmond Turner, Rudi Vis, Betty Williams and Stephen Williams.

Malawi ratified the African Charter on Human and Peoples’ Rights on November 17, 1989 and signed the Charter three months later on February 23, 1990.

Article 2 of the Charter says: “Every individual shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in the present Charter without distinction of any kind such as race, ethnic group, color, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status”.

While there is no mention of sexuality, Mr. Tatchell contends that ‘or any other status’ covers sexuality.

The Constitution of Malawi itself mirrors the African HR Charter.  Article 20 of the Malawi Constitution says: “1. Discrimination of persons in any form is prohibited and all persons are...guaranteed equal and effective protection against discrimination on grounds of race, colour, sex, language, religion, political or other opinion, nationality, ethnic or social origin, disability, property, birth or other status”.

 ■ Early Day Motions are formal motions submitted for debate in the House of Commons.  However, very few EDMs are actually debated. Instead, they are used for reasons such as publicising the views of individual MPs, drawing attention to specific events or campaigns, and demonstrating the extent of parliamentary support for a particular cause or point of view.   Click HERE for EDMs explained.

ENDS

Originally published at http://www.ukgaynews.org.uk/Archive/10/Jan/2301.htm

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