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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In defence of these “disgusting and unnatural”


Benjamin_NgaruAuthor: Benjamin Ng’aru

Legal Assistant, Local Authorities Pensions Trust; Volunteer Programmes Assistant, Legal Exchange Centre, Nairobi, Kenya

On Monday 25 February 2014, Uganda’s long serving president Yoweri Museveni signed the Anti-Homosexuality Act of 2014 (previously referred to as Kill the Gays Bill”). The Long Title thereof provides that this “Act [is intended] to prohibit any form of sexual relations between persons of the same sex; prohibit the promotion or recognition of such relations and to provide for other related matters.” Museveni has also, on record, called homosexuals “disgusting and unnatural” persons. The legislation has since received widespread condemnation from human rights organisations and leaders across the globe.

Whereas homosexuality was, since the colonial era, outlawed with the introduction of the British colonial rule and justice system, the new legislation is an all time low. Section 2(2) of the Act provides for a mandatory life sentence for persons convicted of “homosexual acts”. Section 1 of the Act has a wide margin of what constitutes “homosexual acts” such as “the touching of another’s breast, vagina, penis or anus, … however slight …. with any part of the body or through anything”.

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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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