Malawi urged to amend homophobic provisions in Marriage Law
The United State based Robert F. Kennedy Human Rights is urging Malawi on government to “immediately” amend provisions of the new Marriage law that stigmatize and violate the rights of lesbian, gay, bisexual, transgender and intersex (LGBTI) people.
During President Peter Mutharika’s visit to Washington D.C. this week, the rights body also called on United States Government to ensure a consistent US foreign policy that guarantees swift and meaningful responses to human rights abuses of LGBTI people abroad.
“It is utterly unacceptable that landmark legislation to prevent child marriage and increase gender equality in Malawi simultaneously entrenches discrimination against LGBT people,” said Kerry Kennedy, President of Robert F. Kennedy Human Rights in a statement released on April 20.
“The homophobic provisions in an otherwise important law diminish both the credibility and significance of what should have been a positive step forward for Malawi.”
The Marriage, Divorce and Family Relations Act (Marriage Act) became law last week following the assent of President Mutharika.
While the new law increases protections for married women and raises the legal age of marriage to 18 in Malawi – an important step to combat the country’s high rate of child marriage – it contains several discriminatory provisions that stigmatize LGBTI people and undermine significant public health and development programming throughout the country.
The law allows divorce to be based on “unnatural offenses” – a reference to Malawi’s archaic anti-sodomy law inherited from the British colonial penal code that violates international law.
According to Kennedy, it is homophobic for the law to prevent transgender people from being recognized by the state in their chosen genders and outlaws same-sex unions.
“Discrimination and stigmatization have no place in a free society,” said Santiago A. Canton, Executive Director of RFK Partners for Human Rights.
“Malawi should be applauded for taking a significant step toward ending child marriage, but the government must immediately amend the Marriage Act to bring it into full compliance with its international human rights obligations.”
The group notes that the United Nations Human Rights Committee has found that anti-sodomy laws violate the rights to privacy and nondiscrimination under the International Covenant on Civil and Political Rights to which Malawi is also a State Party.
But Minister of Gender, Women and Child Welfare Patricia Kaliati has attacked organisations that are calling on government to amend the marriage law wondering why the NGOs are coming out now when there were consultations before passing the Bill.
“Where were those NGOs when we were making consultations before the Bill was tabled in Parliament? Why are they coming out now when this Bill was passed in Parliament some months ago? Do not waste my time. I have important things to attend to,” said Kaliati.
But Minister of Gender, Women and Child Welfare Patricia Kaliati has attacked organisations that are calling on government to amend the marriage law wondering why the NGOs are coming out now when there were consultations before passing the Bill.
“Where were those NGOs when we were making consultations before the Bill was tabled in Parliament? Why are they coming out now when this Bill was passed in Parliament some months ago? Do not waste my time. I have important things to attend to,” said Kaliati.
Human Rights Watch has also appealed to government to take steps to repeal provisions of the Marriage Act that discriminate against LGBTI people.
The global watchdog said Malawi has an obligation to meet international legal standards in its laws, and the laws on marriage and divorce “are no exception.”
Human Rights Watch pointed out that the wording of the new Marriage law violates Malawi’s human rights obligations to protect against discrimination based on sexual orientation and gender identity,.
By defining sex as “the sex of a person at birth,” the Marriage Act denies equal rights to form a family to some transgender people. The same provision denies the right to marriage to some intersex people – those born with both male and female sex characteristics – whose sex is often assigned arbitrarily at birth.
Malawi government recently said it will not change its laws against homosexuality.
“There will be no change in laws on homosexuality. It is still a crime to anyone engaging in the practice,” Minister of Health Jean Kalilani said.
Campaigners say that Malawi’s anti-gay laws hamper the country’s HIV prevention efforts.
Gift Trapence, from the Center for the Development of People (CEDEP), said: “It is difficult to offer HIV and AIDS services to homosexuals when there are sodomy laws on the other hand.”
Same-sex sexual activity is illegal in Malawi with custodial sentences of up to 14 years imprisonment.
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