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18 May 2010updated 27 Sep 2015 2:19am

Malawi gay trial verdict is unjust and cruel

Steven Monjeza and Tiwonge Chimbalanga are found guilty of homosexuality.

By Peter Tatchell

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.

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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

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