Malawi gay trial verdict is unjust and cruel

Steven Monjeza and Tiwonge Chimbalanga are found guilty of homosexuality.

Today two men, Steven Monjeza, 26, and Tiwonge Chimbalanga, 20, were prosecuted in Malawi on charges of homosexuality.

The law under which they were convicted is a discriminatory law that applies only to same-sex relations. It is unconstitutional. Article 20 of Malawi's constitution guarantees equality and non-discrimination. The law in Malawi is not supposed to discriminate.

Malawi's anti-gay laws were not devised by Malawians. They were devised in London in the 19th century and imposed on the people of Malawi by British colonisers and their army of occupation. Before the British came and conquered Malawi, there were no laws against homosexuality. These laws are a foreign imposition. They are not African laws.

I expect both men will now appeal against the verdict and against any sentence that is handed down. Steven and Tiwonge's best hope is that a higher court will overturn this unjust, cruel verdict.

With so much hatred and violence in the world, it is bizarre that any court would criminalise two people for loving each other.

The magistrate was biased from outset. He refused the two men bail, which is very unusual in cases of non-violent offences. In Malawi, bail is normal. It is often granted to robbers and violent criminals. Denying Steven and Tiwonge bail was an act of vindictiveness.

I appeal to governments worldwide, especially the South African government, to condemn this harsh, bigoted judgment and to urge its reversal.

Prior to the verdict, Tiwonge and Steven issued a defiant message from their prison cell. It affirmed their love for each other and thanked their supporters in Malawi and worldwide.

Tiwonge said: "I love Steven so much. If people or the world cannot give me the chance and freedom to continue living with him as my lover, then I am better off to die here in prison. Freedom without him is useless and meaningless."

"We have come a long way and even if our family relatives are not happy, I will not and never stop loving Tiwonge," said Steven.

The two men's messages were relayed from inside Chichiri Prison in Blantyre, Malawi, to Peter Tatchell of the LGBT human rights group OutRage! in London, England.

Tiwonge and Steven stressed their gratitude for the support they have received from fellow Malawians and from people around the world:

"We are thankful for the people who have rallied behind us during this difficult time. We are grateful to the people who visit and support us, which really makes us feel to be members of a human family; otherwise we would feel condemned," said Tiwonge.

Steven added: "All the support is well appreciated. We are grateful to everybody who is doing this for us. May people please continue the commendable job . . . Prison life is very difficult."

Steven and Tiwonge are showing immense fortitude and courage. They declared their love in a society where many people -- not all -- are very intolerant and homophobic. This was a very brave thing to do. Although suffering in prison, they are unbowed. They continue to maintain their love and affirm their human right to be treated with dignity and respect.

They have taken a pioneering stand for the right to love. They love each other, have harmed no one and believe that love should not be a crime. It is nobody's business what they do in the privacy of their own home. There is no evidence that they have committed any crime under Malawian law. They should never have been put on trial. Even prior to their conviction, they had already spent nearly five months behind bars.

OutRage! is supporting Steven and Tiwonge. For the past four months, we have arranged extra food to supplement the men's meagre, poor-quality prison rations.

We pay tribute to the other people and organisations giving legal and medical assistance to the detained men. This is a huge help. Steven and Tiwonge have asked me to communicate their appreciation.

Sixty-seven British MPs have signed a House of Commons early-day motion (EDM 564), which condemns the arrest and trial of Steven Monjeza and Tiwonge Chimbalanga.

Amnesty International has adopted Steven and Tiwonge as Prisoners of Conscience.

For more information, visit petertatchell.net

Peter Tatchell is Director of the Peter Tatchell Foundation, which campaigns for human rights the UK and worldwide: www.PeterTatchellFoundation.org His personal biography can be viewed here: www.petertatchell.net/biography.htm

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Theresa May’s Brexit speech is Angela Merkel’s victory – here’s why

The Germans coined the word “merkeln to describe their Chancellor’s approach to negotiations. 

It is a measure of Britain’s weak position that Theresa May accepts Angela Merkel’s ultimatum even before the Brexit negotiations have formally started

The British Prime Minister blinked first when she presented her plan for Brexit Tuesday morning. After months of repeating the tautological mantra that “Brexit means Brexit”, she finally specified her position when she essentially proposed that Britain should leave the internal market for goods, services and people, which had been so championed by Margaret Thatcher in the 1980s. 

By accepting that the “UK will be outside” and that there can be “no half-way house”, Theresa May has essentially caved in before the negotiations have begun.

At her meeting with May in July last year, the German Chancellor stated her ultimatum that there could be no “Rosinenpickerei” – the German equivalent of cherry picking. Merkel stated that Britain was not free to choose. That is still her position.

Back then, May was still battling for access to the internal market. It is a measure of how much her position has weakened that the Prime Minister has been forced to accept that Britain will have to leave the single market.

For those who have followed Merkel in her eleven years as German Kanzlerin there is sense of déjà vu about all this.  In negotiations over the Greek debt in 2011 and in 2015, as well as in her negotiations with German banks, in the wake of the global clash in 2008, Merkel played a waiting game; she let others reveal their hands first. The Germans even coined the word "merkeln", to describe the Chancellor’s favoured approach to negotiations.

Unlike other politicians, Frau Merkel is known for her careful analysis, behind-the-scene diplomacy and her determination to pursue German interests. All these are evident in the Brexit negotiations even before they have started.

Much has been made of US President-Elect Donald Trump’s offer to do a trade deal with Britain “very quickly” (as well as bad-mouthing Merkel). In the greater scheme of things, such a deal – should it come – will amount to very little. The UK’s exports to the EU were valued at £223.3bn in 2015 – roughly five times as much as our exports to the United States. 

But more importantly, Britain’s main export is services. It constitutes 79 per cent of the economy, according to the Office of National Statistics. Without access to the single market for services, and without free movement of skilled workers, the financial sector will have a strong incentive to move to the European mainland.

This is Germany’s gain. There is a general consensus that many banks are ready to move if Britain quits the single market, and Frankfurt is an obvious destination.

In an election year, this is welcome news for Merkel. That the British Prime Minister voluntarily gives up the access to the internal market is a boon for the German Chancellor and solves several of her problems. 

May’s acceptance that Britain will not be in the single market shows that no country is able to secure a better deal outside the EU. This will deter other countries from following the UK’s example. 

Moreover, securing a deal that will make Frankfurt the financial centre in Europe will give Merkel a political boost, and will take focus away from other issues such as immigration.

Despite the rise of the far-right Alternative für Deutschland party, the largely proportional electoral system in Germany will all but guarantee that the current coalition government continues after the elections to the Bundestag in September.

Before the referendum in June last year, Brexiteers published a poster with the mildly xenophobic message "Halt ze German advance". By essentially caving in to Merkel’s demands before these have been expressly stated, Mrs May will strengthen Germany at Britain’s expense. 

Perhaps, the German word schadenfreude comes to mind?

Matthew Qvortrup is author of the book Angela Merkel: Europe’s Most Influential Leader published by Duckworth, and professor of applied political science at Coventry University.