PHM-Exch> PHM condemns the action by the Malawian judicial system

[Claudio Schuftan]

* *

*21 May 2010*

* *

* *

*THE PEOPLE'S HEALTH MOVEMENT CONDEMNS THE SENTENCING OF TIWONGE CHIMBALANGA
AND STEVEN MONJEZA IN MALAWI *





The People’s Health Movement, a global network bringing together grassroots
activists, civil society organizations, academics and health workers from
around the world[i]<https://mail.google.com/mail/html/compose/static_files/blank_quirks.html#_edn1>,
condemns the action by the Malawian judicial system in sentencing Tiwonge
Chimbalanga and Steven Monjeza, a gay couple, to 14 years in imprisonment in
Blantyre, Malawi for committing “unnatural acts” based on outdated colonial
laws.





Section 20 of the Malawian constitution clearly states:

*“Discrimination of persons in any form is prohibited and all persons are,
under any law, 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”.       *





The multiplicity of victimization and arrests of lesbian and gay couples in
many African countries over the past few years especially in countries such
as Malawi and Uganda is a gross violation of human rights. The majority of
African countries that condemn gay and lesbian relationships have committed
to and are signatories to international human rights’ treaties.  The
sentencing is therefore a clear contradiction of these treaties and
undermines citizens’ basic human rights. As a signatory to the Universal
Declaration of Human Rights and having ratified most of the major
international Human Rights instruments, including the International Covenant
on Civil and Political Rights and the African Charter on Human and People's
Rights, both of which outlaw discrimination, the Malawian Government is
bound to observe human rights provisions proscribing discrimination. The
current court decision, based on outdated colonial legislation, is in
violation of the country's own constitution and its international human
rights commitments.













We therefore call on the Malawian government to immediately release the
couple, to recognize their rights as enshrined in the Malawian Constitution
and in human rights law, and to ensure protection and freedom from
discrimination for all persons living in Malawi.



It is repugnant to treat people as less than human because of their sexual
orientation and in marrying publicly, they did not harm anyone else or
infringe on anyone else's rights.  The common values that we share of
solidarity, equity and human rights should enable us to work across
differences and ensure citizens are not victimized and the law is upheld.









Bridget Lloyd (PHM Global Coordinator) and Linda Mashingaidze (PHM Africa
Regional Liaison)

On Behalf of the PHM Global Steering Council







------------------------------

[i]<https://mail.google.com/mail/html/compose/static_files/blank_quirks.html#_ednref1>
The
People’s Health Movement has a presence in more than 70 countries across the
globe.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://phm.phmovement.org/pipermail/phm-exchange-phmovement.org/attachments/20100521/fa3c5485/attachment.html>