The outlaws in Malawi: The travails of sexual minorities in a Southern African country

Author: Urerimam Raymond Shamaki
Barrister and solicitor of the Supreme Court of Nigeria; LLM (Human Rights and Democratisation in Africa) Candidate

Introduction

Homosexuality is still considered a crime in many countries of the world. Malawi is one of the 33 countries in Africa and 72 in the world that still criminalises homosexuality. Although there is no direct law prohibiting homosexuality in Malawi such as is the case in countries like Nigeria with the Same-Sex Prohibition Act 2015, there are still provisions of some laws indirectly affecting homosexual activities in Malawi. This article briefly reviews some of the provisions of these laws and how they impact on the rights of sexual minorities in Malawi.

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Building alliances between IDAHOT and MaputoProtocol@15 for womxn

Author: David Ikpo
Nigerian lawyer and storyteller with a Master of Laws in Human Rights and Democratisation in Africa

IDAHOT: The international Day Against Homophobia Transphobia and Biphobia
Maputo Protocol: Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa
Womxn: No set definition. This term, as used in this piece, refers to a broad still unraveling category of persons of female gender who voluntary identify, live, express their gender crossing stereotypical roles and standards, embracing her  several cross-cutting circumstances and layers of identity, recognizing the humanity and diversity in her community, operating, demanding, believing in and working towards the substantive equality(equity) of all sexes and genders and against the repressive confines of the poisonous glorification of masculinity at the expense of the human rights of persons of female gender in all spaces. A feminist.

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Stripped of Dignity: The Struggle for LGBT Rights in Tanzania

rodger_owisoAuthor: Daniel Marari
LLM, International Human Rights Law, Lund University, Sweden

Although the Tanzanian Constitution (1977) guarantees the right to equality and prohibits discrimination based on gender and sex, lesbian, gay, bisexual and transgender (LGBT) people still face deeply rooted hostility, prejudice and widespread discrimination in the Tanzanian society.  Threats of criminal penalty, social exclusion, harassment and violence make it particularly unsafe for one to come out as an LGBT person.

At present, certain homosexual acts between consenting adult males are criminalized under the Penal Code (Chapter 16 of the laws). Under section 154 of the Penal Code, committing or attempting to commit “unnatural offences” are crimes punishable with a maximum sentence of life imprisonment and twenty years’ imprisonment, respectively. “Unnatural offence” is defined as (1) sexual intercourse with any person “against the order of nature” as well as (2) consensual sexual intercourse between a man and man or woman “against the order of nature”.  The words “against the order of nature” are not statutorily defined. Also, under section 157 of the Penal Code, it is an offence punishable with a maximum of five years imprisonment for any male person, whether in public or private, to commit an act of gross indecency with another male person.  By section 3 of the Sexual Offences Special Provisions Act, “gross indecency” is defined as “any sexual act that is more than ordinary but falls short of actual intercourse and may include masturbation and indecent physical contact or indecent behavior without any physical contact”.  Consent is no defense to any of these offences and no distinction regarding age is made in the text of the law. As the consequence of the existence of these laws criminalizing private consensual homosexual acts, LGBT people in Tanzania live in psychological stress and unceasing fear of prosecution and imprisonment.
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Does the new Women Empowerment and Gender Equality Bill fill the gaps?

Author: Maya Perez Aronsson
Intern, Centre for Human Rights, Faculty of Law, University of Pretoria

South Africa has some of the most progressive legislation on gender equality in the world yet there is a lack of de facto equality in this country. A new Bill has been put forth to further promote women empowerment and gender equality – will this be the solution?

In September 2012 the Department of Women, Children and People with Disabilities presented the Women Empowerment and Gender Equality Bill (the Equality Bill). The purpose of the new Bill is to establish a legislative framework for the empowerment of women and to provide an obligation to adopt and implement gender mainstreaming. The Bill includes detailed provisions regarding these issues such as encouraging the recognition of the economic value of the roles of women in various sectors of life, and the achievement of at least 50 % representation and participation of women in decision-making structures in all entities.

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