Should Malawi abolish the anti-homosexuality laws?

The Malawian newspaper, The Nation, has published an important article today. The headline reads: “Malawi to hold public inquiry on anti-homosexuality laws”. The journalist explains that the government has instructed the Malawi Human Rights Commission (MHRC) to conduct a public enquiry on whether the country needs to change or abolish the anti-homosexuality laws, which currently condemns homosexual acts to up to 14 years of imprisonment.

There is a crucial question the Malawian government must consider before taking this enquire too seriously. The question is this: which segment of the population is the MHRC considering when making the enquire? In other words: who is it that the MHRC will ask about the future of these laws? This matter is key, because the result of the enquire will totally depend on the segment of the population that the MHRC will ask the question to.

If the question is asked to the general population, it is very likely that the law will never be changed. Malawi is still a highly homophobic country where civil society harasses, threatens and attacks homosexual people on a daily basis. Through work, I have received constant complaints from the lesbian, gay, bisexual, transsexual and intersex community (LGBTI) stating how they are severely discriminated and criminalised. The LGBTI community have highlighted in numerous occasions that all members of the civil society must be educated on the issue of homosexuality. The general population in Malawi still possesses little knowledge on the matter, and do not completely understand what being LGBTI implies. Most people still believe that homosexuality is an evil act that has been chosen for those who practice it. Many still do not understand that nobody chooses to be homosexual, but that people are born that way.

If the question is asked to religious leaders then, again, the law will not be changed. The majority of religious leaders across Malawi are still preaching against homosexuality. Far too often, homosexual people suffer from hate speeches against their person when they visit their churches or mosques. Religious leaders are discriminating and excluding the LGBTI community from enjoying their faith freely. This is a sad reality and I find that many homosexuals, who truly love God, cannot practise their faith with the rest of the community. Religious leaders must stop hating the LGBTI. Homosexuals are creatures of God, they were created by God and they are unconditionally loved by God. Religious leaders discriminating against homosexual people are unjustly punishing and judging a large section of their community as well as making them suffer unnecessarily.

Let us turn the situation around now. Imagine that you are a homosexual living in Malawi and you are holding hands with your loved one in a public space. You love this person with all your heart, but it turns out that a police officer, who is walking around, has seen you. He approaches where you are and arrests both of you. You beg the police officer to not arrest you, but he replies: “I'm only following the law. It's my obligation to arrest you”. So the policeman handcuffs you and takes you to the police station. You are thrown into a filthy cell without knowing when you will be freed. In your cell, you ask yourself: “What type of crime have I committed?” You wonder… “I haven’t stolen anything, I haven’t killed, I haven’t raped anyone, so why am I treated like a criminal?" If this situation happened to you… Would you still think the anti-homosexuality laws are fair?

Let us accept this fact once and for all: the LGBTI community are not apart from other members of the community, they are a part of it. Do not dare to think that they are the lowest class of your country, because you would be lying to yourself. The LGBTI are Malawian farmers, fishermen, politicians, doctors, soldiers, policewoman, teachers, pastors, housewives… They are active members of the economy and they are contributing, with their businesses and professions, to the development of Malawi. They are doing this from the hidden, just because the laws in place do not allow them to show up and live freely as they deserve. By punishing, beating and killing homosexuals, Malawi is punishing, beating and killing its own sons and daughters. Homosexuals live and have always lived amongst us and, as our neighbours, we should also learn to love and respect them.

The anti-homosexuality laws are not dealing with a matter of the general public. The anti-homosexuality laws are concerned with the Human Rights of a minority of the population: the LGBTI. As they are a minority, their opinion and rights can be easily crashed by the voice of the majority. Whist I applaud the initiative of the Malawian government to start taking steps on this issue, I belive that the majority is not yet ready to make an informed decision on the matter. Malawian civil society have not yet received enough information about the LGBTI. So, members of the Malawian government, do not fool yourself with the results of the enquiry if people are too keen to say: “no, we don’t need to change the laws”. Please, ask yourself with the hand on your heart: are you doing the right thing? Are you defending the rights of all citizens of the country as the Malawian constitution urges you to do?

#LGBTI #Malawi #Homosexuality