Malawi COUNTRY REPORT Canaries in the Coal Mines an Analysis of Spaces for LGBTI Activism in Malawi COUNTRY REPORT

canaries in the coal mines An analysis of spaces for LGBTI activism in Malawi COUNTRY REPORT canaries in the coal mines An analysis of spaces for LGBTI activism in Malawi COUNTRY REPORT

Postnet Suite 209, Private Bag X31, Saxonwold, 2132, Johannesburg, South Africa www.theotherfoundation.org

Summary...... 1 6 Key Potential Non-LGBTI Allies...... 21

Socio-Political Context...... 1 Malawi Law Society...... 22

The LGBTI Movement...... 2 Centre for Human Rights and Rehabilitation...... 23 Needs and Experiences of LGBTI People...... 2 Malawi Network of Religious Leaders Living with HIV Ways Forward...... 3 and AIDS...... 23

1 Country Context...... 5 Peace and Justice Support Network...... 24

2 Legislative and Policy Environment...... 6 Civil Rights Advocacy Centre...... 24

The Constitution and Bill of Rights...... 8 7 The Needs and Experiences of LGBTI People...... 24

The Penal Code...... 8 Violence, Harassment and Isolation...... 24

Marriage, Divorce and Family Relations Act...... 9 Health and Wellbeing...... 25

National AIDS Response...... 10 > Women...... 25

National Gender Policy...... 10 > MSM...... 26

Universal Periodic Review Process...... 10 > Attitudes of Healthcare Workers...... 26

Commitments on UN Conventions...... 11 > Social Exclusion...... 27

Commitments on African Protocols...... 12 Safety and Security...... 27

Angola Malawi 3 Public Discourse...... 13 Gender Identity...... 27

Public Perceptions...... 14 8 Ways Forward...... 28

Zambia Mozambique Donor-Driven Discourses...... 16 9 References...... 29

4 The LGBTI Movement...... 17 Botswana Mauritius The Centre for the Development of People...... 18

Northern Youth Network...... 19 Namibia Swaziland 5 Strategies used by LGBTI Groups and Allies...... 20

Lesotho Zimbabwe canaries in the coal mines – an analysis of spaces for LGBTI activism in Malawi

Socio-Political Context summary The question of lesbian, gay, bisexual, transgender and intersex (LGBTI) rights continues to be a point of struggle and strife, extending from the depths of Malawi’s political history. Since its independence in 1964, the twenty- eight-year dictatorship of Kamuzu Banda enforced a strict national Christian morality which has been sustained to the present day.

The experiences and challenges facing LGBTI people in Malawi are shaped by laws, policies and practices that are informed by prevailing social, religious and cultural norms, that in turn shape public discourse around sexual minorities as ABOUT THE AUTHOR contrary to Malawi’s culture and morality. The public debate on homosexuality has been complex, unpredictable and contested, and provides a snapshot of the difficulties This country report was written for the LGBTI people face. Anti-homosexuality discourse has largely been driven by religious Other Foundation by Philip Browne and cultural chauvinism. informed by engagement with individuals The LGBTI movement straddles challenging socio-political divides that meet at the and organizations in Malawi. Philip intersections of local and international politics; public religion; relationships with donors, Browne has worked extensively across human rights activists and NGOs; the Malawian government, and broader society. southern and eastern Africa with key In 2009, the public engagement (“chinkhoswe”) of Steven Monjeza and Tiwonge populations affected by HIV/ AIDS. He Chimbalanga, pushed same-sex relationships into the public eye. The trial marked a is South African and has more than 15 defining moment for public engagement on LGBTI human rights, and provided LGBTI years of research and monitoring and organizations and their allies a window of opportunity to intensify LGBTI human rights evaluation experience in the public health, activism and lobbying, towards facilitating an informed discursive space to debate LGBTI HIV/ AIDS, and development fields. The human rights and issues in a rational and constructive manner. production of the report was supported While the country’s Constitution, Bill of Rights, and other policy frameworks such as the by George Murumba and benefited from National Gender Policy, affirm non-discrimination and human rights, they do not specify editorial contributions given by Mark sexual orientation. Same-sex relations remain criminalized and transgender individuals Gevisser. The final text of the report was are denied the right to change their gender identity. edited by Sarita Ranchod and Sonja 3 Boezak from Under the Rainbow. Malawi has ratified a number of continental and international conventions that protect the human rights of LGBTI people, without domesticating these provisions. Arguing that same-sex relations are contrary to the ‘laws of nature’, the colonial era Penal Code

country report: Malawi country report: Malawi canaries in the coal mines – an analysis of spaces for LGBTI activism in Malawi canaries in the coal mines – an analysis of spaces for LGBTI activism in Malawi

criminalizes sodomy and homosexuality. A appeared willing to scrap discriminatory and within the arts and culture sectors Code, as well as challenging court rulings 2010 amendment to the Penal Code now legislation, while simultaneously wishing to “normalize” the discourse around where LGBTI people have been convicted includes women, with consensual lesbian to avoid the perception that changing homosexuality and the lives of sexual of offences under the Penal Code. sex now also a punishable offence. The existing laws are the result of external, minorities by positioning it firmly within Marriage, Divorce and Family Relations donor pressure. Despite the government’s the constitutional and human rights The CHRR is a key ally, establishing Act limits marriage to “two persons of apparent reluctance to address the issue commitments of the country. a stand-alone programme on LGBTI the opposite sex”, maintaining that sex there is sufficient evidence to suggest human rights in 2009. The Malawi is determined at birth, effectively denying that even within a hostile legislative Alliances with non-LGBTI allies are Network of Religious Leaders Living the existence of transgender or intersex environment significant progress is being critical to strengthening activism and with HIV and AIDS (MANERELA+) has people in Malawi. made in terms of raising public awareness inserting the LGBTI-rights agenda into openly addressed human rights issues and sensitizing key stakeholders the socio-political terrain more effectively. and homophobia towards LGBTI within The political discourse on LGBTI human about the need for all citizens to have Despite uncertainties and hostility to both the context of faith-based organizations, rights has been contradictory and often equal rights, and for those rights to be international and grassroots efforts to shift and has facilitated training workshops confusing. At times government has protected. the LGBTI discourse in Malawi, there is to equip pro-LGBTI religious leaders evidence of growing non-LGBTI support to be role models against homophobia for changes in the legal system as well in Malawi. The Peace and Justice as in social, cultural and faith contexts. Support Network (PEJUSUN) is a newly The LGBTI Movement A number of non-LGBTI allies are established ecumenical NGO aiming making important contributions to LGBTI to counteract homophobic, anti-LGBTI Few civil society organizations (CSOs) culture of human rights have often met activism, not necessarily through broad- discourse within the religious sector, work directly on LGBTI issues, and with resistance, particularly regarding based support, but in niche areas where given the influence religious leaders those who do engage from a rights- LGBTI human rights. they have specific influence and capacity. have over policy makers, politicians, based perspective, developing a solid The Malawi Law Society (MLS) has taken opinion shapers and ordinary citizens in reputation for advocating for the rights While there is pressure on the government the strategic route of using the courts Malawi. International NGOs are generally of marginalized groups as part of to decriminalize same-sex practices, to challenge the constitutionality and supportive of LGBTI issues in Malawi. consolidating democracy and human LGBTI activists understand that efforts fairness of legislation such as the Penal rights. The Centre for the Development to decriminalize same-sexuality require of People (CEDEP) and the Centre for comprehensive, multi-pronged strategies Human Rights and Rehabilitation (CHRR) to normalize same-sex relationships, have actively monitored state corruption including enforcing anti-discrimination Needs and Experiences of LGBTI People and advocated for changing unjust laws, laws, and public engagement to dislodge holding the state accountable for failing cultural, religious and service provision The life experiences of LGBTI people practices, shrouded in the language of to comply with constitutional mandates prejudices. in Malawi are shaped by the interlinked cultural and religious norms and practices and obligations in terms of regional, barriers of criminalization and is challenging, and requires a longer- Current strategic interventions target the continental and global human rights stigmatization that impact negatively on view, incremental approach. Addressing education, health and criminal justice instruments ratified by the state. CEDEP their day to day lives. Social discrimination discrimination using Constitutional sectors. Alongside these interventions 4 has played a critical role in exposing rights coupled with legal discrimination non-discrimination provisions holds 5 are programmes engaging opinion- abuses in high profile sodomy cases, contributes to multi-layered exclusionary promise for establishing legal precedents shapers at national and local levels, ensuring such cases receive extensive experiences for LGBTI citizens. Altering that protect the rights of all citizens for including religious leaders, the media, media coverage. Efforts to enhance a discriminatory attitudes, beliefs and far-reaching change. Sexual minorities

are also affected by discrimination based The evolution of the HIV/AIDS epidemic participation and visibility in the > Collaborative action on LGBTI on class, economic position, ethnicity and national responses to it have had broader LGBTI movement and within human rights is taking root, serving and dis/ability, and are more likely to a significant impact on the trajectory LGBTI organizations. a strategic purpose in mobilizing be excluded from government service of the LGBTI movement in Malawi, cross-sectoral activism and bringing provision and development programmes serving to highlight some of the many > Funding for organizations working together different skills sets and because of their perceived ‘otherness’. rights-based challenges LGBTI people on LGBTI issues — in particular for capacities to address specific rights face. There is both anecdotal evidence advocacy, training and information issues. One of the most serious challenges and documented cases of students at generation — is limited. While more LGBTI people in Malawi face is the lack secondary schools and colleges being established national organizations Going forward, it is critical that of protection from arbitrary harassment, expelled on the basis of perceived sexual such as CEDEP and CRHH have collaborative policy advocacy and human violence and intimidation. The human orientation or gender identity. relatively sophisticated resource rights activism is strengthened to create rights of LGBTI people to safety and mobilization strategies, smaller LGBTI broad fronts towards pro-LGBTI political security are often violated by the police Fear of family and community rejection NGOs and CBOs struggle to secure and social change. Effective LGBTI and and the criminal justice system. The leads many LGBTI people to live secret funding for community level activities. broader human rights movement building healthcare needs of LGBTI people are lives in a patriarchal society with strongly Grassroots services and support are needs to strengthen transgender and complex and varied; in some cases, heteronormative value systems. In many critical to address the needs of LGBTI lesbian participation and leadership. requiring more specialized healthcare instances, this secrecy and the need communities, as well for local level This, to broaden the base and diversity provision than is generally provided to hide their sexual orientation means information sharing and awareness- of voices and perspectives, and to build through poorly-resourced primary having concurrent male and female raising towards shifting the attitudes LBT capacity to include much-needed, healthcare systems. sexual partners. of individuals, families, communities often invisible women who have sex with and community leaders. women (WSW), transgender and intersex individuals and groupings. Ways Forward

Key areas for ongoing activism, advocacy engagement with the National AIDS and research include: Commission (NAC), Global Fund, UNAIDS and research organizations > Criminalization remains a major to generate data that supports obstacle to the full realisation of addressing critical information gaps the human rights of LGBTI people. hindering focused and targeted “Joined up” litigation and associated programming for LGBTI people. advocacy through collaborative civil society action to pressure the > The situations, realities and needs of executive and law makers to scrap LBT women are particularly under- the sodomy clauses in the Penal researched as the language of ‘key 6 Code is required to decriminalize populations’ has tended to focus 7 homosexuality in Malawi. on MSM. Targeted programming, research, advocacy and awareness- > Key LGBTI players such as CEDEP raising needs to hone in on LBT and CHRR need to continue populations, seeking out their voices,

country report: Malawi country report: Malawi canaries in the coal mines – an analysis of spaces for LGBTI activism in Malawi

As an ex-British colony, the Victorian morality that criminalized and stigmatized homosexuality in the 19th The 28-year century was imported along with a brand of Christianity dictatorship of Kamuzu country antagonistic to ‘alternative’ sexualities. With the Banda enforced introduction of new religions came a disconnect from a strict Christian sexual practices that had been woven into pre-colonial, nationalism. Naming context pre-Islamic and pre-Christian Africa. In Malawi, colonial same-sex experiences and post-colonial Penal Laws criminalizing sodomy were “homosexual” and carried over unchanged into post-independent Malawi, bringing sexuality including those regarding ‘unnatural acts’.1 into the ambit of Following Banda’s rule and the introduction of a democratic system, a new Constitution the law ensured was drafted in 1994 when Malawi’s first multiparty elections were held. In 2004 the Malawi Law Commission (MLC) invited activist organizations to recommend laws in need of prejudices against reform. The Malawi Human Rights Resource Centre (MHRRC) recommended the repeal homosexuality from of sodomy provisions in the Penal Law and the inclusion of a non-discrimination clause on sexual orientation and gender identity (SOGI). Political and religious leaders rejected the Western cultures and MHRRC’s recommendations, reinforcing the state’s anti-homosexuality position. religions was imported Patriarchal social norms significantly limit women’s voice and participation in Malawian society. This is more so for women who do not conform to dominant ideas of femininity, as Christianity spread gendered or sexual roles. on the continent.

During 2008, The Centre for the Development of People (CEDEP) conducted a study that found 34% of gay men interviewed had been blackmailed or denied services such as housing or healthcare due to their sexual orientation, while 8% had been beaten by police or other security forces due to their sexual orientation.2

CEDEP noted that lack of information about lesbians, bisexual women, and women-who- have sex-with-women (WSW) in Malawi is a particular concern, arguing that “the voices of lesbians and bisexual women in Malawi are systematically silenced, and this reality underscores that women do not have a space, even in protest, to express and live their 9 sexual orientation”.3

1. Mwakasungula, U. Sexual Orientation and Gender Identity in the Commonwealth: Struggles for Decriminalization and Change, p. 360. 2. US Department of State. 2010 Country Report on Human Rights Practices: Malawi. 1 3. CEDEP. 2011. Human Rights Manual. p. 7. country report: Malawi canaries in the coal mines – an analysis of spaces for LGBTI activism in Malawi

While there is some, albeit fractured, The 2014 Annual Report of the Centre for political movement towards accepting Human Rights and Rehabilitation (CHRR) “These boys LGBTI human rights as human rights, notes that the Malawi Human Rights committed a crime ongoing political uncertainties and lack Commission (MHRC) has remained silent of state consistency on homosexuality on LGBTI issues, noting the UN Human legislative and against our culture, our continue to negatively impact the lives of Rights Committee’s concern over the religion and our laws.” sexual minorities. Cultural and religious MHRC’s reluctance to engage on the chauvinism play a critical role in shaping status of sexual minorities.5 narratives about sexual minorities. The narratives of sexuality that law, culture LGBTI human rights continue to be shrouded in hostility, evidenced again policy environment and religion construct push gender non- conforming Malawians to the margins of in a May 2016 statement by the Young society. Their bodies continue to be “sites Pastors Coalition of Malawi (YPCM) for political inscription even as they are threatening to take government to court constituted as the sexual ‘other’”.4 to force it to arrest 4,000 homosexuals they claim are living in the northern city of Following the trial of the same-sex Mzuzu.6 engagement between Steven Monjeza and Tiwonge Chimbalanga, President Bingu wa Mutharika commented: “These boys committed a crime against our culture, our religion and our laws.”

4. Tamale, S. Exploring the contours of African sexualities: Religion, law and power. 5. CHRR. Annual Human Rights Report 2014, p. 56. 6. Sowetan, 2016, http://www.sowetanlive.co.za/news/2016/03/29/malawi-pastors-want-4-000-gays-arrested country report: Malawi 2 canaries in the coal mines – an analysis of spaces for LGBTI activism in Malawi canaries in the coal mines – an analysis of spaces for LGBTI activism in Malawi

Despite a Constitution and other legislative frameworks the first arrest of individuals accused of over homosexuality in Malawi, the consensual same-sex conduct in Malawi general consensus still remains that the Consecutive Malawian that affirm non-discrimination and human rights without since the Monjeza-Chimbalanga case.10 majority of Malawians do not support The death of the presidents and specifying sexual orientation, same-sex relations homosexuality. In order to take the president in 2012 saw Kasambara confirmed that the Malawian minority views into account, the relevant Joyce Banda take over political leaders, continue to be criminalized under the Penal Code and government would not arrest or prosecute laws that criminalize such practices LGBTI citizens while lawmakers reviewed including the current transgender individuals are denied the right to change have since been referred to the Law as the first woman existing anti-LGBTI laws. On the surface Commission for a comprehensive president of Malawi. President Peter their gender identity. it appeared that the Minister’s statement review”.12 In 2013 the Malawi High Court reflected a nuanced awareness that announced its intention to review the Shortly after her Mutharika argue LGBTI human rights activists have of nature and therefore I convict him arrests on the basis of consensual same- constitutionality of the law but to date no accession the Malawian that the question assiduously lobbied government to accordingly ... and we find Tiwonge sex conduct violated international human decision has been reached on the issue. repeal legal provisions that criminalize Chimbalanga guilty of permitting buggery rights standards, as well as constitutional government took the of LGBTI human homosexuality. In 2012 the Minister of (c/s 153(c) i.e allowing Steven to have guarantees of equality. Activists felt that In 2016 the Malawi Law Society (MLS) decision to suspend Justice announced a moratorium on carnal knowledge through the anus the Justice Minister’s call for a moratorium condemned Ken Msonda, spokesperson rights must be left arrests in a radio debate with human of his (Tiwonge’s) which is against the on arrests would buy time for parliament for the former ruling People’s Party, enforcement of laws that to Malawian citizens rights activists, organized by CEDEP and order of nature and therefore convict him to debate possible legislative change for remarks made on homosexuality, criminalize consensual the CHRR. This reflects the effectiveness accordingly”. and perhaps even take the matter to demanding gays be killed after the to decide through a of activists’ strategy of engaging with referendum.11 country’s Justice Minister Samuel same-sex conduct with government in open dialogue about The judge affirmed the court’s Tembenu put a temporary prohibition the justice minister Ralph referendum, arguably sexual orientation and gender identity heteronormative stance in finding “the In its 2012 consideration of reports on anti-homosexual laws. Although submitted by state parties under Kasambara announcing contradicting Malawi’s (SOGI). engagement and the living together such overt incidents appear few and far as husband and wife of the two Article 40 of the International Covenant between, they are symptomatic of the a moratorium on arrests voluntary ratification Malawi is one of 36 African countries with accused persons, who are both males, on Civil and Political Rights, Malawi continuing vulnerability LGBTI people laws banning same-sex relationships. The transgresses Malawian recognized noted that “despite recent debate experience in Malawi. under colonial-era of international human arrest, trial and conviction of Monjeza and standards of propriety since it does not sodomy laws, pointing rights treaties that Chimbalanga, engaged to marry each recognize the living of a man with another other, saw homosexuality evolve into a as husband and wife. Both these acts out that the decision was protect the rights of fraught national dialogue. In sentencing were acts of gross indecency.” based on concerns that the two, the judge used the archaic all Malawians without language of the 19th Century Penal Act.8 In 2015 the two were detained by a Malawi’s anti-gay laws, neighbourhood watch team and handed which punish consensual discrimination. “I find that the state has established its over to police. According to Human Rights CEDEP. Human Rights Violation Report 2015 case beyond reasonable doubt and we Watch (HRW) and CEDEP they were same-sex conduct find Steven Monjeza guilty of buggery forced to undergo medical tests for HIV with prison sentences (c/s 153(a),i.e. having carnal knowledge and other sexually transmitted diseases, 12 of Tiwonge through the anus of the said and were charged with sodomy.9 They of up to 14 years for 13 Tiwonge, which is against the order were later released on bail. This marked men and 5 years for women, may have been 8. R Soko and another, (359 of 2009) [2010] MWHC 2 (20 May 2010) 11. Human Rights Watch. 2012. https://www.hrw.org/news/2012/11/06/malawi-courageous-move-suspend-anti-gay-laws unconstitutional. 9.http://www.huffingtonpost.com/entry/malawi-gay-rights-arrests_us_5679aa80e4b014efe0d71b91 12. Consideration of reports submitted by States parties under article 40 of the Covenant, Initial reports of States parties, 10. LGBTQ Nation. 2015. http://www.lgbtqnation.com/2015/12/malawi-will-not-arrest-prosecute-gays-despite-anti-gay-laws/ Malawi, 2012, p. 20. country report: Malawi canaries in the coal mines – an analysis of spaces for LGBTI activism in Malawi canaries in the coal mines – an analysis of spaces for LGBTI activism in Malawi

2.1 The Constitution and Bill of Rights 2.2 The Penal Code In December 2010, the Malawi’s Constitution was adopted The Bill of Rights in Chapter IV of the While the Constitution asserts that whether in public or private, shall be Parliament of Malawi in 1995 and has subsequently been Constitution includes detailed clauses legislation may be passed to address guilty of a felony and shall be liable to amended by nine Constitutional on the protection of civil and political social inequalities and to prohibit imprisonment for five years, with or passed a Bill amending Amendment Acts which have affected rights. It does not, however, explicitly refer discriminatory practices, the reality is that without corporal punishment.” ninety sections of the Constitution.13 to “sexual orientation” as a ground for laws that impact on the rights, equalities the Penal Code to Chapter III of the Constitution enshrines non-discrimination, and despite the fact and freedoms of LGBTI people remain on The passing of this amendment not criminalize consensual the principle of non-discrimination in that Section 22 (3) has a heteronormative the statute books. The Penal Code (1971) only constitutes discrimination based its Equality Clause (20), stating that assumption, it does not explicitly state explicitly criminalizes male homosexuality on sexual orientation, but also signifies lesbian sex. “discrimination of persons in any form that men and men or women and women and sodomy in Section 153 “Unnatural a retrogressive step in the realization is prohibited and all persons are, under are prohibited from marriage, inferred Offences” and Section 156 “Indecent of Malawi’s obligations to eliminate all 15 any law, guaranteed equal and effective from the statement that “all men and practices between males”. forms of discrimination against women. protection against discrimination on women have the right to marry and found In January 2011 this amendment was grounds of race, colour, sex, language, a family”. From Section 153: enacted into law as Section 137A, stating religion, political or other opinion, “Any person who — that: nationality, ethnic or social origin, The rights enshrined in the Bill of Rights Has carnal knowledge of any person “Any female person who, whether in disability, property, birth or other status”.14 are consistent with international human against the order of nature; or public or private, commits any act of It further asserts as a fundamental rights instruments to which Malawi Has carnal knowledge of an animal; or gross indecency with another female principle that the “inherent dignity and is a party. International human rights Permits a male person to have carnal person, or procures another female worth of each human being requires that standards have, however, had little knowledge of him or her against the order person to commit any act of gross the State and all persons shall recognize practical impact and the country rarely of nature, indecency with her, or attempts to and protect fundamental human rights moves beyond ratification to domestic Shall be guilty of a felony and shall be procure the commission of any such act and afford the fullest protection to the implementation. liable to imprisonment for fourteen years, by any female person with herself or with rights and views of all individuals, groups with or without corporal punishment.” another female person, whether in public

and minorities whether or not they are or private, shall be guilty of an offence From Section 156: entitled to vote”. and shall be liable to imprisonment for five “Any male person who, whether in public years.” or private, commits any act of gross indecency with another male person, or According to a CEDEP report, this procures another male person to commit amendment has served to intensify any act of gross indecency with him, or “the increasingly uncertain and violent attempts to procure the commission of environment the LGBT community faces any such act by any male person with in Malawi”.16 himself or with another male person, 14 15

15. Southern Africa Litigation Centre. 2016. http://www.southernafricalitigationcentre.org/2015/02/06/malawi-salcs- submission-to-the-committee-on-the-elimination-of-all-forms-of-discrimination-against-women-regarding-the- governments-7th-periodic-report/ country report: Malawi 16. CEDEP. 2011. Non-Governmental Organizations’ Shadow Report on the Implementation of the International Covenant for country report: Malawi Civil and Political Rights (ICCPR) in Malawi, p. 7. canaries in the coal mines – an analysis of spaces for LGBTI activism in Malawi canaries in the coal mines – an analysis of spaces for LGBTI activism in Malawi

While the Constitution 2.3 Marriage, Divorce and Family Relations Act 2.5 National Gender Policy does not explicitly The Marriage, Divorce and Family of law on the various types of marriages The National Gender Policy (2011) vulnerable groups. The term “vulnerable Relations Act (2015) was informed by presupposes a heterosexual union.” includes, as one of its policy statements, groups”, however, is defined in the policy preclude marriage for the recommendations of a special Law the need to create a “conducive policy as including “orphans, persons with Commission established in 2001 to The Act also cites reasons for deciding and legal environment for women disabilities and the majority of women”, same-sex couples, review the existing legislation relating to whether a marriage has “irretrievably and men of Malawi to enjoy their and is silent on the human rights of LGBTI the Marriage, Divorce marriage and divorce in Malawi.17 While broken down”, including conviction human rights”. The policy speaks to people in the context of gender equality. the new law makes important strides to for offences under Section 153 of the the promotion of access to health, and Family Relations prevent child marriage, it perpetuates a Penal Code. This perpetuates the state’s employment and agricultural resources heteronormative perspective on marriage stigmatisation of homosexuality and for women, men, boys and girls and all Act limits marriage to and includes provisions that continue to transgender people who have undergone “two persons of the discriminate against LGBTI people. In the sex-reassignment surgery, who are Law Commission’s memorandum that prohibited from marrying a person who, opposite sex”. frames the legislation it is noted that: “The prior to undergoing the surgery, was of 2.6 Universal Periodic Review Process Commission observed that the scheme the same sex as that assigned at birth. Part III, 14 In its 2013 Mid-Term Progress Report provide technical and financial support for on the Implementation of the United research and analysis of the situation of Nations Human Rights Council’s LGBTI people in Malawi. 2.4 National AIDS Response Universal Periodic Review (UPR) Recommendations to Malawi, the MHRC International reviews focusing on Malawi’s stance on LGBTI issues reflect As a result of the high HIV prevalence This is further emphasized in the National briefly reported on recommendations not concern at the ongoing discrimination rates among vulnerable groups such HIV and AIDS Strategy 2015-2020 accepted in the UPR, including calling and marginalization of sexual minorities. as sex workers and gay and bisexual which acknowledges that in Malawi for the reform of the Penal Code and Dismissing the recommendations men, the health sector has increasingly “strategies to address the HIV epidemic the abolition of discrimination against made through the UPR process, the become an important entry point for are hampered by an environment where people based on their sexual orientation 20 state response was that there is no addressing stigma and discrimination human rights are not respected”.19 In or gender identity. The Report goes homophobia or incitement against gay against sexual minorities. The National response, the Strategy commits the on to commend the government for people and that existing laws simply HIV and AIDS Policy (2013) notes the state to ensuring that human rights are encouraging unhindered debate on criminalized unnatural acts, which, it need to address and reduce stigma safeguarded through the promotion the rights of minority groups such as argued, could also be committed in a and discrimination against vulnerable of gender equity and equality in HIV LGBTI people, for the citizenry to make sexual relationship between a man and a groups. The policy points to tensions services and the creation of a stigma-free informed decisions. The Commission woman. between criminal law and the health and environment and the protection of patient recommended further dialogue and called psychosocial needs of LGBTI people and rights in health facilities. on government and other stakeholders to acknowledges gaps in the domestication 16 of international instruments to address 17 domestic responses to rights violations.18

17. Marriage, Divorce and Family Relations Act, p. v. 20. Malawi Human Rights Commission, 2013, p. 46. 18. Ibid., p. 17 19. National HIV and AIDS Strategy 2015-2020, p. 16. country report: Malawi country report: Malawi canaries in the coal mines – an analysis of spaces for LGBTI activism in Malawi canaries in the coal mines – an analysis of spaces for LGBTI activism in Malawi

> Review legislation to explicitly include > Ensure that public officials refrain 2.7 Commitments on UN Conventions sexual orientation and gender from using language that may identity (SOGI) among the prohibited encourage violence, and raise Among others, Malawi is party to the Centre (SALC) submitted a report in grounds of discrimination, and awareness to eliminate stereotyping International Covenant on Civil and advance of the preparation of the list repeal the provisions that criminalize and discrimination; Political Rights (ICCPR). The Human of issues for the country’s 7th Periodic homosexuality and other consensual Rights Committee, a treaty body Report to the CEDAW Committee. SALC sexual activities among adults; > Guarantee effective access to tasked with interpreting the ICCPR, raised the concern that the amendment health services, including HIV/AIDS has ruled that the criminalization of to the Penal Code criminalizing same > Introduce a mechanism to monitor treatment, for LGBTI persons. consensual same-sex conduct violates sex relations between women would cases of violence against LGBTI the Covenant’s provisions on privacy add an additional layer of discrimination persons and undertake all necessary and non-discrimination. Malawi is in based on women’s sexual orientation measures to prevent such cases, violation of several rights of its citizens that was likely to affect them to a greater prosecuting perpetrators and accorded in the ICCPR because of their degree than men in a similar position. compensating victims; sexual orientation or gender identity and This, despite the fact that the CEDAW expression. Committee has called on states to “legally recognize and prohibit such Malawi has failed to bring its criminal intersecting forms of discrimination and 2.8 Commitments on African Protocols code into compliance with the principles their compounded negative impact of the ICCPR regarding criminal penalties on the women concerned… [and] Malawi is signatory to continental identity, and noted that such violence for same-sex conduct, despite promising … to adopt and pursue policies and (African Union) and regional (SADC) includes ‘corrective’ rape, physical to uphold these agreements. These laws programmes designed to eliminate such human rights instruments (including the assaults, torture, murder, arbitrary arrests, violate Article 2, 26 (non-discrimination), occurrences.”23 African Charter on Human and Peoples’ detentions, extra-judicial killings and and 17 (right to privacy) of the ICCPR.21 Rights) and is a member of the African executions, forced disappearances, In 2014 the United Nations Human Rights Commission on Human and Peoples’ extortion and blackmail. It highlights the Malawi is also a signatory to the Committee (UNHRC) commented on Rights (African Commission). At its need to address a range of LGBTI issues, Convention on the Elimination of All the Initial Periodic Report submitted by 55th Ordinary Session held in Luanda including: Forms of Discrimination Against Women Malawi, stating that the MHRC was not (28 April to 12 May 2014), the African (CEDAW). In the 6th Periodic Report functioning as a fully independent body. Commission stressed its concern that > The incidence of violence and human (2008) submitted by state parties under The report also noted particular concern acts of violence, discrimination and other rights violations and abuses by article 18 of CEDAW, there was no at the Commission’s reluctance to engage human rights violations continue to be state and non-state actors targeting reference to issues that impact lesbians, in issues related to the human rights of committed against individuals in many human rights defenders and civil 22 trans or intersex women. In February LGBTI people.24 The following actions parts of Africa because of their actual or society organizations working on 2015, the Southern Africa Litigation were recommended by the Committee:25 presumed sexual orientation or gender SOGI issues in Africa;

18 21.http://chrr.ultinets.net/wp-content/uploads/2011/01/CHRR-submission-to-the-Human-RightsCommitee.pdf 19 22. Committee on the Elimination of Discrimination against Women Consideration of reports submitted by States parties under article 18 of the Convention on the Elimination of All Forms of Discrimination against Women Sixth periodic report of States parties Malawi 23. SALC. 2015. Update Submission to the Committee on the Elimination of all Forms of Discrimination against Women Regarding the Government of Malawi’s 7th Periodic Report. 24. Human Rights Committee, Concluding observations on the initial periodic report of Malawi, 2014, p. 2. country report: Malawi 25. Ibid., p. 4. country report: Malawi canaries in the coal mines – an analysis of spaces for LGBTI activism in Malawi

> The failure of law enforcement > The situation of systematic attacks agencies to diligently investigate by state and non-state actors against and prosecute perpetrators of persons on the basis of their imputed violence and other human rights or real sexual orientation or gender violations targeting persons on the identity. basis of their imputed or real sexual public orientation or gender identity; The African Commission called on all member states to ensure that human > The increasing incidence of violence rights defenders work in an enabling and other human rights violations, environment free of stigma, reprisals including murder, rape, assault, or criminal prosecution as a result of arbitrary imprisonment and other their human rights protection activities, discourse forms of persecution of persons on including the rights of sexual minorities. the basis of their imputed or real sexual orientation or gender identity;

country report: Malawi 3 canaries in the coal mines – an analysis of spaces for LGBTI activism in Malawi canaries in the coal mines – an analysis of spaces for LGBTI activism in Malawi

The arrest and subsequent trial marked a defining The experiences of LGBTI people in Public debate on homosexuality in Malawi Malawi are shaped by laws, policies has been complex, unpredictable and Until 2009, concerns moment for public engagement on homosexuality and and practices informed by prevailing contested providing “a snapshot of the about homosexuality gay rights, and provided LGBTI organizations and their social, religious and cultural norms. difficulties encountered when confronting Public narratives on sexual minorities the dilemmas and anxieties around the and LGBTI human allies with a window of opportunity to intensify LGBTI beg critical questions regarding who sets issue of homosexuality in Africa”. 30 This rights were on the the sexuality agenda and who mandates anti-homosexuality discourse is driven by human rights activism and lobbying, and to facilitate an sexual normativity in Malawian society. religious and cultural chauvinism which fringes of national informed discursive space to debate in a rational and The ongoing repetition of homophobic argues — without substantive evidence rhetoric, with its attendant distortions and – that same-sex sexual relationships are discourse, but the constructive manner. stereotypes, underpinned by religious contrary to Malawi’s culture and morality. bigotry, contributes to hardening public arrest of Steven During the trial, the Chief Resident apparent violation of a number of key attitudes towards LGBTI people. Chirwa suggests that sexual morality and Monjeza and Tiwonge Magistrate described same-sex marriage international treaties and instruments, lifestyles are equated with national identity as “bizarre” and claimed that Malawian including the African Charter on Human The perspective that depicts and nationality, and that through such Chimbalanga following society was not ready to see its sons or and People’s Rights”. After ‘pardoning’ homosexuality as un-African continues, arguments lesbian, gay, bisexual and daughters marrying each other; that there the couple, wa Mutharika clarified that the either explicitly or implicitly, to inform transgender people are “stripped of their their engagement was need to pass a sentence to protect couple was pardoned only for crimes they much of the media coverage on LGBTI national identity because they are not the public and to scare others who might had already committed and for which they issues in Malawi. A CEDEP-CHHR report behaving in the ‘Malawian way’”.31 Issues thrust same-sex 26 want to emulate ‘this horrendous act’. were convicted; and that if the couple identifies media outlets as having in some relating to transgender and intersex practices into public Immediately following the conviction and continued their relationship after being instances contributed to hostility toward people are poorly understood. Because view, stimulating international media coverage, President released, they risked further arrest. gender non-conforming individuals they disrupt dominant assumptions Bingu wa Mutharika extended pardons to through reporting that had little regard about sex and gender they are especially In 2012, a journalist with Blantyre public discussions both men during a visit by UN Secretary- for privacy and scant understanding of vulnerable to violence and discrimination 27 Newspapers Limited, Clement Chinoko, General Ban Ki-Moon. This act of LGBTI issues.29 when this is visible or disclosed to was arrested and held for a number on homosexuality in clemency was not considered reflective of others.32 a change in attitude so much as political of days for reporting on an alleged mainstream media. calculation in the face of global criticism. engagement ceremony of two women. In its 2012 World Report, HRW noted UN High Commissioner for Human the climate of fear as journalists and civil Rights, Navi Pillay said “laws that society activists who attempted to report criminalize people on the basis of on the human rights situation came under their sexual orientation are by nature increasing attack from security forces and discriminatory, and as such are in supporters of the ruling party.28

22 23

29. CEDEP/CHHR. 2014 Report, p. 3. 26. CEDEP/CHRR Human Rights manual, 2011 30. Alan Msosa, Pambazuka Issue 667, February 2014, http://www.pambazuka.org/printpdf/88303 27.http://www.bbc.com/news/10190653 31. Chirwa, W. 2014. Malawi Democracy and Political Participation, p. 7. 28. Human Rights Watch. 2012. https://www.hrw.org/world-report/2012/country-chapters/malawi 32. Global action for Trans Equality. 2014. The State of Trans and Intersex Organizing A case for increased support for country report: Malawi growing but under-funded movements for human rights. country report: Malawi canaries in the coal mines – an analysis of spaces for LGBTI activism in Malawi canaries in the coal mines – an analysis of spaces for LGBTI activism in Malawi

94% of Malawians disagreed that people willing to scrap discriminatory legislation, 3.1 Public Perceptions practicing same-sex relationships should but clearly does not want to be seen have the right to do so. Although attitudes to be doing so as a result of external of Malawians In the context of the country’s religiosity, broad societal homophobia is unsurprising. The were uniformly negative toward same- pressure. As heavily donor-dependent as 94% Afrobarometer undertakes periodic attitudinal surveys of countries in Southern Africa, sex relationships, less than 1% of those Malawi is, it is evident that political parties often using proxy questions to measure a society’s view on particular issues. In 2012 the surveyed identified same-sex issues as do not want to act in ways that create Afrobarometer surveyed a nationally representative, random, stratified probability sample one of the most important problems public perceptions of weakness. of 2 400 adult Malawians. One of the statements for the survey population was: “People facing Malawi that government should practicing same sex marriage or relationships have the right to do so; after all issues of address.33 The Malawi Voice in January 2016 sexual relationships are private.” reported that Foreign Affairs Minister In this hostile climate, CEDEP noted a George Chaponda said the country’s Figure 1: Public Perceptions of Same Sex Marriage or Relationships in Malawi significant rise in MSM reporting they efforts to access donor funds was being were afraid of being targeted by police. linked to the issue of ‘minority rights’. 2% 2% They also expressed concern that the According to the report Chaponda had trial of Monjeza and Chimbalanga would asked for time for Malawians to debate an Agree Strongly agree have a detrimental effect on national HIV/ issue that involved the fabric of Malawian 1% 0% AIDS programming, in particular outreach society and noted that “even a country disagreed that people practicing same-sex Neither agree or disagree Don’t know and education work in vulnerable MSM like Ireland had to go to a referendum, relationships should have the right to do so populations.34 why don’t you allow Malawi to go to a 6% 89% referendum too?”35 These statements The political discourse on LGBTI human Disagree Strongly disagree reinforce perceptions that government is rights in Malawi has, over the past few playing a stalling game on LGBTI human years, been contradictory and confusing. rights.36 At times government has appeared to be

24 33. HIVOS. 2014. Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) Human Rights in Southern Africa a Contemporary 25 Literature Review, p. 12. 34.http://lib.ohchr.org/HRBodies/UPR/Documents/session9/MW/CDP_CentreforDevelopmentofPeople.pdf 35.http://malawivoice.com/foreign-affairs-minister-chaponda-tell-donors-let-malawi-take-homosexuality-issue-to- referendum/ 36. Malawi Voice, 08 January 2016, http://malawivoice.com/foreign-affairs-minister-chaponda-tell-donors-let-malawi-take- homosexuality-issue-to-referendum/ country report: Malawi country report: Malawi canaries in the coal mines – an analysis of spaces for LGBTI activism in Malawi canaries in the coal mines – an analysis of spaces for LGBTI activism in Malawi

Sharra (2012) argues that the undue influence of Western donors and activists has been 3.2 Donor-Driven Discourses damaging to the national LGBTI agenda, including opportunities for local ownership in “The country is the debate, creating the appearance of a foreign agenda, using economic vulnerability CEDEP has argued that suffering because of The Monjeza-Chimbalanga ruling created shortages, rising prices and high and over-dependence on aid to reinforce ‘western’ stances on LGBTI issues, arguing that the notion that Western intense pressure from international unemployment. At the same time the ‘external interference’ has made it difficult for Malawians to engage with LGBTI human the conduct of some development agencies, the World Bank, World Bank, EU, AfDB, UK, Germany and rights debates on their own terms, and in their own contexts.42 donors are withholding the African Development Bank (AfDB), Norway all suspended or ended general leaders of the civil bilateral partners including the United budget support to Malawi noting concern In this context, linking aid to LGBTI human rights can be counterproductive, and can funds because of the society. Those people States, United Kingdom, Germany, over the deteriorating governance jeopardize increased awareness, education and information on LGBTI issues through same-sex marriage Norway; and the European Union situation in terms of media freedom, constructive civil debate. are not patriotic. (EU), leading to the pardon following freedom of speech and minority rights.39 question has created Ban Ki-moon’s visit. Some donors have The perceived ‘back-down’ by the “a violent and withdrawn their aid Malawi’s reliance on donor support for government heightened anti-gay up to 40% of its development budget sentiments and weakened the credibility dangerous backlash and everybody is was considered a decisive factor in of the President who was perceived to against the LGBT this decision.37 The controversy came be supporting undemocratic processes.40 suffering. More than at a time when Malawi’s international Threats to Malawi’s foreign aid over its community in Malawi half of salaries for development partners were increasingly treatment of LGBTI people resulted in and has led to several concerned about the State’s heavy- attacks on civil society organizations. The Ministry of Health handed clampdown on political Justice and Constitutional Affairs Minister attempts to harm the opposition and human rights activists. said withdrawals of foreign aid was the come from the The US withheld $350-million in funding fault of two NGO leaders, specifically security of LGBT rights donors.” through the Millennium Challenge naming CHRR chairperson Undule advocates”. Corporation to Malawi following the death Mwakasungula and CEDEP director, Gift in 2011 of 19 people during two days of Trapence.41 Minister of Justice and Constitutional public protests over fuel and electricity Sharra, S. Debating homosexuality and Affairs, George Chaponda human rights in Malawi

26 27 37. The Guardian, 05 July 2015, http://guardian.ng/features/africas-gay-resistance-in-the-face-of-economic-blackmail/ 38. Mail& Guardian, 2011, http://mg.co.za/article/2011-07-29-western-powers-withdraw-aid-to-malawi 39. The Guardian, 2011, http://www.theguardian.com/global-development/2011/jul/14/britain-suspends-aid-to-malawi 40. Kachipande, S. December 13 2012, “Why Malawi can’t just legalise homosexuality” in Pambazuka News, http://www. 42. Sharra, S. Debating homosexuality and human rights in Malawi. http://wagingnonviolence.org/feature/debating- pambazuka.org/governance/why-malawi-can%E2%80%99t-just-legalise-homosexuality homosexuality-and-human-rights-in-malawi/ 41. International Lesbian and Gay Alliance, 2011, http://ilga.org/malawi-government-threatens-pro-lgbt-groups-activists- country report: Malawi over-foreign-aid-withdrawals/ country report: Malawi canaries in the coal mines – an analysis of spaces for LGBTI activism in Malawi

The LGBTI movement in Malawi straddles a complex socio-political divide “at the interface of local and Activists and their international politics, public religion, and gender and allies noted that the LGBTI sexuality; in relations between donors, human rights small windows of activists and NGOs, and the Malawian government opportunity are and people”.43 opening for intensified

On the one hand LGBTI organizations operate in an environment where same-sex lobbying on LGBTI Movement relations are criminalized and where public discourse on LGBTI human rights is often hostile. On the other, Malawi’s heavy donor dependency might provide strategic entry human rights, with points for activist interventions to pressurize the country to scrap discriminatory laws and broader, more uphold the human rights of all its citizens. informed discursive Civil society organizations (CSOs) working on human rights in Malawi have developed a solid reputation for the advocacy and oversight role they have performed in addressing space for debate the rights of marginalized constituencies. Under often challenging circumstances CSOs in a rational and have been active in providing checks and balances against government corruption and the implementation of unjust laws. CSOs do this by holding government accountable constructive manner for failing to comply with constitutional mandates as well as their obligations in terms of regional, continental and global human rights instruments to which Malawi is a signatory. as a result of the efforts of As the LGBTI human rights movement has gained momentum, activist organizations are debating whether they ought to take public positions on LGBTI human rights, exploring LGBTI and human how inter-movement solidarity could ensure strengthened and more effective gains for gender equality and the rights of sexual minorities. 44 rights organizations

It is notable that LGBTI and rights-based organizations working on LGBTI issues have and allies. tended to be male-dominated with LBT women’s issues, participation, voice and visibility under-represented as a result.

Shortly before the Monjeza-Chimbalanga case made international news, CEDEP’s offices were raided and its safer-sex materials confiscated as “pornography”45. The case drove many gay Malawians underground, but also ripped open taboos, rallied activists and increased levels of debate on the rights of sexual minorities.46 29

43. Chanika, E. et al, 2013, “Gender, gays and Gain: the sexualised politics of AID in malawi”, p. 90. 44. Currier, A. Arrested Solidarity: Obstacles to Inter-movement Support for LGBT Rights in Malawi. 45. Gevisser, M. 2014, “Love in Exile” in the Guardian, http://www.theguardian.com/news/2014/nov/27/-sp-transgender- relationship-jail-exile-tiwonge-chimbalanga 4 46. This important point is made in an article entitled “Malawi gays stay underground, one year after wedding arrests” in country report: Malawi Dawn, http://www.dawn.com/news/649771/malawi-gays-stay-underground-one-year-after-wedding-arrests canaries in the coal mines – an analysis of spaces for LGBTI activism in Malawi canaries in the coal mines – an analysis of spaces for LGBTI activism in Malawi

While the NGO Act regulates the operations of CSOs, prohibiting certain activities, the currently involved in the first ever national the judiciary and the police on LGBTI government is often accused of abusing these provisions among organizations working population study of sexual minority human rights. A joint-venture workshop to CEDEP is adept at on human rights and governance, when they disapprove of their strategies or objectives. groups. It is hoped that this research sensitize police officials on LGBTI human In 2012, in large part regularly publishing The Malawian government has threatened to close CSOs such as CEDEP and CHRR will translate into improved ability to rights was undertaken in 2012. due to the advocacy because of their advocacy for LGBTI human rights. understand and address the health and articles in the media, psychosocial needs of LGBTI citizens. As part of its programmatic strategy, efforts of CEDEP, CEDEP works closely with allies to creating an entryway In 2011 CEDEP developed a three-year strengthen specific LGBTI agendas. As then President Joyce for public discourse, 4.1 The Centre for the Development of People strategy that has focused efforts on part of its longer-term strategic vision Banda suspended the training, capacity building, and advocacy CEDEP sees itself acting as a nursery towards a more CEDEP is a human rights organization cities across Malawi, where it focuses its for media outlets, especially radio and for smaller NGOs and community based laws criminalizing dedicated to addressing the needs, outreach efforts. CEDEP’s peer educators television, to better cover LGBTI issues, organizations (CBOs) that have the enabling environment improving the lives, and providing support also use mass text messages and social as well as engaging religious groups capacity to address immediate needs at homosexuality. with increased for Malawi’s sexual minority groups. networking to extend their reach to more and parliamentarians. CEDEP has been the local level. It is the most visible, active and vocal rural areas. working with the MLS to sensitize lawyers, tolerance of LGBTI organizations defending the human rights, and lobbying for respect of the human CEDEP developed the country’s first 4.2 Northern Youth Network human rights. rights of LGBTI people. The organization peer education and healthcare providers’ programme on LGBTI-specific health works in areas that impact on the welfare The Northern Youth Network (NYN), people. They advocate, raise awareness, needs. A feature of CEDEP’s work is HIVOS, 2013, p. 24. of minority groups, including prisoners, established in 2009, is a regional promote the rights of sexual minorities its commitment to research to ensure sex workers, and those in same-sex network of 29 member organizations, and develop leadership skills within that its advocacy and initiatives are relationships, with the aim of securing that runs its programmes and activities vulnerable communities. Awareness- evidence-based, exposing areas where rights and improving the health and in the Northern Region of Malawi. NYN raising activities focus on the human LGBTI people face exclusion and wellbeing of their constituency. focuses on peer education on human rights of LGBTI people along with sharing marginalization. Their advocacy work rights, MSM, sex workers, HIV/AIDS information to help LGBTI people deal Founded in 2005, CEDEP works in the is multi-layered, with high-level efforts prevention and health towards some with discrimination and human rights areas of civic education, training, capacity targeted at national politicians and level of community integration for LGBTI violations. building, networking and research. Initially government, while at the same time rooted in public health programming, carrying out targeted advocacy work at through which it was able to provide district and local levels. support structures and space in Blantyre, particularly for gay men, CEDEP is the CEDEP has played a critical role in only organization in Malawi that directly exposing rights abuses in high profile implements programmes that support sodomy cases and ensuring these cases community development including received extensive coverage in the media. a resource centre and social-issue The government then began using 30 support groups for LGBTI people and research undertaken by CEDEP to justify 31 sex workers. CEDEP has five offices in official inclusion of sexual minorities in Malawi’s national HIV strategy. CEDEP is

47. USAID. 2014. The 2014 CSO Sustainability Index For Sub-Saharan Africa (Malawi), p. 91. 48. International Center for Non-Profit Law. 2016. LGBTI Civil Society Organizations Around the Globe: Challenges, Successes, and Lessons Learned, p. 3. country report: Malawi country report: Malawi canaries in the coal mines – an analysis of spaces for LGBTI activism in Malawi

While there is pressure on the government of Malawi to decriminalize same-sex practices and relationships, there is a clear understanding among LGBTI activists that strategies this must be accompanied by comprehensive efforts to used by LGBTI groups and allies normalize same-sex behaviour, enforce laws that protect citizens from discrimination, and systematic sensitization to dislodge prejudices, including in cultural, religious and service provision contexts.

CEDEP believes the prevailing political lacuna with its uncertainties regarding LGBTI human rights provides a strategic space for ground-level engagement across the social spectrum.49 The apparent contradictions between Constitutional guarantees and the sodomy clause in the Penal Code mean that while same-sex sexual activities are criminalized, sexual orientation is not, providing grounds for legal challenge.

While recognizing the impact mass activism and campaigning can play in raising public awareness of LGBTI issues, there is also an understanding that this may not be the most effective approach due to its potential to alienate public opinion.

Engaging governmental and non-governmental duty bearers at service delivery and local decision-making levels makes for a more constructive approach. This approach has been shaped by a recognition that the rights and entitlements of LGBTI people are primarily impacted through exclusionary practices perpetrated by providers of social and community services such as education, health, policing and justice. The strategy of engaging state actors constructively through dialogue allows for more effective information sharing and awareness raising to counteract poorly-informed homophobia. Strategic interventions to ensure social inclusion targets the following sectors:

> Education: Addressing policy gaps that compromize LGBTI people’s access to education; and working with educational institutions to address practices that exclude students based on perceived ‘non-conformity’, often codes for the expulsion of gender non-conforming students. 33

49. Interview with Rodney Chalera from CEDEP.

5 country report: Malawi canaries in the coal mines – an analysis of spaces for LGBTI activism in Malawi canaries in the coal mines – an analysis of spaces for LGBTI activism in Malawi

> Health: Working with the Ministry CHRR collaboration through, for Untold Stories (2010) presents oral The strategy to “normalize” the discourse of Health and health providers to example, Global Fund processes histories of twelve Malawian LGBTI on homosexuality and the lives of sexual address gaps in the provision of yields some data on MSM but people as a counter-narrative to the minorities aims to position LGBTI human sexual and reproductive health and information on the more hidden prevailing homophobic narrative. rights firmly within the constitutional psychosocial services to LGBTI lesbian, bisexual, transgender and The release of the book came just and human rights commitments of people and understanding the intersex populations is much harder months after the imprisonment and the country. It is evident that public specific health needs of diverse to come by. subsequent release of Monjeza and perceptions of homosexuality are driven LGBTI communities, to ensure Chimbalanga. The accounts in the by a number of powerful narratives. The provision of non-discriminatory Alongside these interventions are book illustrate the joys of love and the language employed to describe perceived services. programmes aimed at engaging opinion heartache of rejection, the dangers sexual ‘deviants’ as “mathanyula”, a shapers at both national and local levels: posed by homophobia and hatred Chichewa word, equates with derogatory > HIV/AIDS and STIs: Working in communities, and the comfort equivalents in English such as “faggot”. > Religious Leaders: While programmatically with the National of close friends and relatives. The The key strategic focus of principal LGBTI engagement with religious leaders AIDS Commission (NAC) to ensure twelve life stories were “intended to organizations and allies is geared toward is often cited as a barrier and resources targeted for the provision invoke compassion and support for counteracting harmful narratives for social challenge to achieving LGBTI human of tailored health and wellness the rights of African LGBTI people to change. rights, it also has potential to foster services for MSM are effectively live freely and harmoniously alongside socio-cultural acceptance and utilized and meet the health needs of heterosexual counterparts in Malawi understanding. MSM. and beyond its borders.”50

> Access to Justice: Working with the > Media: CEDEP and CHRR see MHRC and the Ministry of Justice media engagement as strategic to (MoJ) to promote a rights-based increasing public understanding of approach to managing cases of LGBTI concerns by reporting in an discrimination and human rights informed, balanced way. There is a abuses against LGBTI people. sense that this approach is achieving positive results in terms of more > Research: One of the challenges balanced and less sensationalist faced by LGBTI organizations and coverage of LGBTI issues. their allies is the lack of reliable and verifiable data on disaggregated > Arts and Culture: Public demographic and epidemiological discourse on LGBTI human rights issues that can serve as an evidence is underpinned by a projection of base for informed responses and African culture as essentialized, interventions for LGBTI people. homogenous, heterosexual and Criminalization makes data collection homophobic. Elite discourses, 34 difficult, and government-funded underpinned as they are by state- 35 data collection agencies have not sponsored homophobia, tend prioritized the collection of data on to mask subaltern discourses LGBTI communities. CEDEP and emanating from LGBTI communities. A CEDEP publication, Queer Malawi: 50.http://www.mambagirl.com/article.asp?artid=5071

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Alliances with non-LGBTI allies are critical to strengthening activism. Despite uncertainties, and in some cases hostility to both international and grassroots key potential efforts to shift the LGBTI discourse, there is also evidence of growing non-LGBTI support for changes in the legal system and social, cultural and faith levels.

Non-LGBTI allies make a significant contribution to LGBTI activism, not necessarily non-LGBTI allies through broad-based support, but in niche areas where they have specific expertise, influence and capacity. The MLS, for example, noted that their concern is social justice. This can in part be achieved by challenging discriminatory laws and values-driven interpretations of these provisions.51

There are contradictory strands in the response of Malawi’s religious community. While some take an inclusive approach, others take a homophobic stance in condemning sexual minorities. These contradictions create space for a shift in faith-based understandings of sexual minorities. From a strategic perspective, the emergence of faith- based pro-LGBTI platforms are opening up new modalities of thinking about Christianity as a source of LGBTI empowerment.

6.1 Malawi Law Society

The MLS has a mandate to promote the rule of law, and to agitate for the realization of human rights and justice in Malawi, especially for the most marginalized, including women, children, prisoners, persons with disabilities and LGBTI people. Its members are increasingly concerned about basic human rights violations of LGBTI people and other vulnerable populations such as sex workers. The MLS can influence the national agenda on LGBTI human rights and considers itself a strong LGBTI ally.52

The MLS has taken the strategic route of using the courts to challenge the constitutionality and fairness of legislation such as the Penal Code, challenging court rulings in cases where LGBTI people have been convicted of offences under the 37 Penal Code. The MLS argues that the state conflates the issue of sodomy with sexual

51. In discussion with Godfrey Kangaude at the Malawi Law Society in Blantyre. 52. These points were made by Godfrey Kangaude in discussion with the researcher at the MLS offices in Blantyre, 25th April 2016. 6country report: Malawi country report: Malawi canaries in the coal mines – an analysis of spaces for LGBTI activism in Malawi canaries in the coal mines – an analysis of spaces for LGBTI activism in Malawi

orientation which is not criminalized. In discriminatory laws and policies through response to the trials of three gay men, the courts. The MLS is aware that this 6.2 Centre for Human Rights and Rehabilitation sentenced under the sodomy laws, the approach needs to shift mind-sets of MLS, in 2011 made a submission to the actors in the criminal justice system such CHRR is a leading human rights NGO, strategic lever, but also works through the court as amicus curiae. The MLS argued as judges, magistrates and the police. founded in 1995. Its purpose is to narrower focus of sexual and reproductive that anti-homosexuality provisions are The organization has been working with contribute towards the protection, health and rights to promote the health contrary to the Constitution in so far CEDEP to educate police and the courts promotion and consolidation of good and wellbeing of LGBTI people. as they proscribe consensual same- on issues of LGBTI human rights. governance by empowering communities CHRR focuses on state commitments to sex sexual conduct between adults in to be aware of and exercise their rights. international and continental human rights private. In particular, the MLS argued The MLS is concerned about hate speech In 2009 the CHRR established a stand- instruments towards shifting assumptions that these provisions violated, among against LGBTI people and are of the alone programme on LGBTI human and perceptions. It has a particular others, the right to dignity under section opinion that it needs to be aggressively rights, taking the strategic decision to strategic focus on engagement with key 19(1) of the Constitution; the right to countered through the courts. The work collaboratively with CEDEP to national office bearers, decision makers non-discrimination under section 20(1) challenge is the lack of provision in develop comprehensive LGBTI initiatives. and service providers on LGBTI human of the Constitution; and the right to current legislation that explicitly prohibits CHRR and CEDEP both belong to rights including public health policy personal privacy under section 21 of hate speech. In a recent case involving the Malawi Sexual and Reproductive makers, the police, the criminal justice the Constitution.53 The Court has not homophobic remarks made by the Health Alliance (MSRHA), constituted system, NAC and District Health Officers. delivered its judgment on this matter. spokesperson of the People’s Party (PP) the MLS condemned the remarks as by six local NGOs. One of the Alliance’s One of the most productive areas of The MLS believes that targeted litigation “hate speech” and referred the matter to core programme areas is increasing collaboration has been the production of cases where LGBTI people have been the MHRC and the police. A case was the acceptance of sexual diversity and research and evidence-based reports that discriminated against can incrementally initiated but government, through the gender identity in Malawi. CHRR uses highlight the realities of LGBTI people. improve the human rights environment. Director of Public Prosecutions, stopped the broader human rights process as a The organization would like to test the the case without providing reasons. sexual and reproductive health rights non- discrimination provisions of the Gender At the Constitutional level any proposed 6.3 Malawi Network of Religious Leaders Living with Equality Act to assess whether the court amendments have to be certified by finds that they apply equally to LGBTI the Chief Justice before going to the HIV and AIDS people. The MLS also believes it needs Constitutional Court, a situation that on to work inter-sectorally with international LGBTI issues has thus far proved to be a The Malawi Network of Religious Leaders and Muslim communities to address and national agencies to change bottleneck. Living with HIV and AIDS (MANERELA+) issues of stigma, shame, denial and is a membership network of religious discrimination around being HIV positive. leaders living with or personally affected MANERELA+ has initiated a framework by HIV and AIDS in Malawi. Its overall for dialogue between Religious Leaders purpose is to reduce what it terms and PLHIV where ‘contentious issues’ stigma, silence, denial, discrimination, are discussed including Human Rights, 38 inaction and mis-action (SSDDIM) in SRHR (especially use of condoms and 39 the faith community. The organization contraceptives), gender-based violence works with women, men and youth in and LGBTI human rights. MANERELA+ leadership positions in both Christian has openly addressed homophobia 53. Republic of Malawi in the High Court of Malawi Principal Registry Confirmation Case Nos. 22, 411 and 662 of 2011, http://www.southernafricalitigationcentre.org/1/wp-content/uploads/2014/05/2014.1.15-MLS-Amicus-Brief-FINAL.pdf

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towards LGBTI within the context of faith- also created fora where challenges facing based organizations, and has facilitated key populations, including LGBTI people, CRAC wants to ensure training workshops to equip pro-LGBTI are discussed in religious spaces, media that the proposed religious leaders to be role models against and workshops. referendum on LGBTI homophobia in Malawi. MANERELA+ has the needs and human rights does not go ahead as it believes 6.4 Peace and Justice Support Network The Peace and Justice Support Network In late 2015 it conducted its first training this approach runs (PEJUSUN) is a newly established for religious leaders to sensitize and ecumenical NGO, concerned that in many raise awareness about LGBTI issues experiences counter to human instances religious organizations, both and provide a more encompassing rights principles and Christian and Islamic, continue to shape picture of “god and humanity” that of LGBTI people that such far-reaching homophobic discourse in Malawi. enables churches to accept and include membership from LGBTI communities. decisions cannot be made based on 6.5 Civil Rights Advocacy Centre majoritarian views. The Civil Rights Advocacy Centre (CRAC) inclusive agenda, promoting the health is an NGO involved in broad human rights and psychosocial wellbeing of LGBTI and good governance issues, with a people. CRAC’s advocacy addresses concern for minority rights. As part of its public ignorance and misinformation efforts to promote LGBTI human rights on LGBTI issues, and more specifically it is attempting to engage with religious around transgender and intersex people. leaders and church organizations to advocate for greater acceptance of LGBTI CRAC wants to facilitate a more informed human rights. CRAC’s approach is to and pro-active political dialogue on the 54 engage with religious leaders at different basis of informed decision-making. levels to advance a more progressive and

54. In discussion with Staphiel Kungota at the Lilongwe Hotel, April 26th 2016.

country report: Malawi 7 canaries in the coal mines – an analysis of spaces for LGBTI activism in Malawi canaries in the coal mines – an analysis of spaces for LGBTI activism in Malawi

In mid-2015, the 7.1 Violence, Harassment and Isolation 7.2 Health and Wellbeing government agreed The healthcare needs of LGBTI people Critical determinants and health factors LGBTI people in Malawi lack protection from arbitrary are complex and varied, and in some for LGBTI people include low testing to accept and follow harassment, violence and intimidation, with little instances require more specialized levels for HIV and STIs, limited knowledge healthcare provisions, not generally on safe sex practices, limited risk up on the Universal recourse to legal redress. The 2015 CEDEP-CHRR available in poorly resourced primary awareness, inaccessibility of barrier Periodic Review report documenting human rights violations against healthcare facilities. Public health services methods like dental dams and condom- provided through state or church-funded compatible lubricants, low negotiating (UPR) Working Group LGBTI people states that “in recent years, human rights facilities cover the basics of primary skills on safer sex especially when violations on the basis of real or perceived sexual health, while more sophisticated health engaging in transactional sex, substance recommendations services are provided either through a abuse, low self-efficacy and self-worth. in the following two orientation, gender identity or gender expressions have small number of private hospitals, or 55 areas: become increasingly visible in Malawi”. The report through donor-funded programmes. documents 76 cases of rights abuses against LGBTI • LGBTI people’s access to people. Women While the HIV/AIDS challenge in health services, including Malawi has historically been viewed as The CEDEP-CHRR Report notes that “most perpetrators of violent attacks against LGBTI treatment for HIV/AIDS; and As a result of the criminalization of predominantly a heterosexual epidemic persons conduct such attacks in the knowledge that they would never be arrested or lesbians, there is concern that women requiring a standardized biomedical prosecuted”.56 At the same time LGBTI victims are reluctant to press charges for fear of • To include sexual orientation engaging in same-sex acts are subjected response, a more nuanced understanding secondary victimization. and gender identity (SOGI) to intersectional discrimination, likely of transmission has emerged over the limiting their access to health services. past decade. More detailed research among the prohibited grounds HRW has noted that police continue to arrest transgender people under laws that Due to the discrimination women already has focused on responses linked to HIV criminalize same-sex conduct.57 Levels of public intolerance of LGBTI people makes them of discrimination, repealing experience, the additional discrimination prevalence rates, risky sexual behaviours vulnerable to blackmail and extortion. The ways in which some cases have been handled and access to HIV services among men provisions criminalizing 58 based on sexual orientation, especially extra-judicially by the police creates little incentive for victims to report cases. who have sex with men (MSM) and homosexual relations between gender non-confirming women is likely to affect them to a greater degree than men other vulnerable populations such as sex consenting adults. 59 in a similar position. workers. Accepting these recommendations represents a milestone for the LGBTI human rights movement 42 in Malawi. Government, however, 43 is not moving forward decisively, and LGBTI people remain at risk of human rights abuses. 55. CEDEP. 201 Human Rights Violation Report, p. 12. 59. UNAIDS. 2015. Malawi AIDS Response Progress Report, p. 26. 56. CEDEP. 2015. Human Rights Violation Report, p.7. 57. Human Rights Watch, https://www.hrw.org/news/2016/02/13/recognizing-rights-transgender-people 58. Chimwezo, W.2011. Blackmail Among Gay People in Malawi, p. 81. country report: Malawi canaries in the coal mines – an analysis of spaces for LGBTI activism in Malawi canaries in the coal mines – an analysis of spaces for LGBTI activism in Malawi

MSM and transgender men. On the other, it Attitudes of Healthcare Social Exclusion Many of the HIV has opened up the sexual practices of Respondents in The Malawi National HIV /AIDS Strategic MSM to greater public awareness, and Workers LGBTI people suffer additional interventions in Plan 2011-2016 notes that a sero-survey in many instances to greater vulnerability discrimination in accessing education the report noted Research recently undertaken by the conducted among MSM in Blantyre in and abuse. HIV/AIDS activists argue and work, are rejected by their families Malawi are focused on Sexual and Reproductive Health and prejudiced treatment 2009 reported an HIV prevalence of that MSM fail to access HIV and AIDS and communities, are forced to ‘live a Rights Alliance found that most LGBTI 21.4%, with more than 95% of MSM services for fear of persecution based lie’ by hiding their sexual orientation and MSM, with relatively people in three districts (Dedza, Mangochi based on perceived unaware of their status; and limited on their sexuality, as well as ridicule from live in constant fear of arrest. Rejection and Chikwawa) experienced healthcare few interventions for awareness of the risks of unprotected health personnel who may report them by family members, by fellow students at homosexuality. 61 service providers to be homophobic.62 women who have sex anal sex. In addition, 17% of the men in to the police for arrest. As a result of secondary schools and colleges, as well Most LGBTI people the study reported being in concurrent widespread stigma and discrimination as in broader society leads to isolation, those who do visit health facilities often Healthcare providers themselves often with women (WSW). bisexual relationships with over half of have low levels of knowledge of sexual depression and hopelessness. Many deliberately do not the respondents reporting both male and do not receive comprehensive care LGBTI individuals in Malawi come from because they are unwilling to reveal their diversity resulting in high levels of negative disclose their sexual female sexual partners in the previous six attitudes toward sexual minorities. A poor communities where poverty and months.60 sexual orientation or other important deprivation are features of daily life. health and wellness information. four-country study undertaken in 2015, orientation when they that included Malawi, found that the On one hand the increased focus on 46.7% of men at all sites reported seek medical care and MSM has served to emphasize the experiencing at least one human rights importance of health and psychosocial generally hide health- abuse. 11.6% had been raped, 6.4% service tailored to the specific sexual had been denied housing, 5.1% had related information and reproductive needs of gay, bisexual been denied healthcare, 10.5% had been beaten by the police, and 18.7% had when examined by a been blackmailed because of their sexual service provider if it orientation. 16.3% were afraid to walk in their community, and 19.2% were afraid exposes their sexual to seek healthcare services.63 orientation.

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60. National AIDS Commission. 2011. Malawi National HIV and AIDS Strategic Plan 2011-2016. 62. Visser, T. 2015. Towards Sexual Citizenship, a casestudy on LGBT in Malawi by Teun Visser, presented at Mini 61. Msosa, A. http://www.pambazuka.org/governance/problems-debate-same-sex-practices-malawi Symposium on Sexual Justice:” Breaking Through”, 25 September 2015, Bussum. http://www.rutgers.international/sites/ rutgersorg/files/SDTools/DEF%20Towards%20Sexual%20Citizenship%2025%20September%202015_TeunVisser.pdf country report: Malawi 63. Zahn, R. 2016. Human Rights Violations among Men Who Have Sex with Men in Southern Africa: Comparisons between country report: Malawi Legal Contexts. canaries in the coal mines – an analysis of spaces for LGBTI activism in Malawi canaries in the coal mines – an analysis of spaces for LGBTI activism in Malawi

The social and political 7.3 Safety and Security 7.4 Gender Identity issues associated The human rights of LGBTI people to 15(1), 19, 20 and 21, which guarantee, Commonly held understandings of in rural areas. It is evident from experience safety and security are often violated by respectively: respect for the rights of all sex and gender norms in Malawi are that transgender people face numerous with LGBTI human the police and the criminal justice system. persons; human dignity and personal superimposed onto LGBTI people in obstacles related to social stigma There are recorded instances where freedoms; freedom from discrimination; a way that has distorted their different and discrimination as well as severe rights and the people accused of sodomy are stripped and respect for privacy. It erodes the realities and created a set of multiple levels of socio-economic disadvantage individual agency of naked, medically examined, and tested progress Malawi has made in the oppressions that perpetuate different and psychosocial trauma.66 The for HIV without their consent, violating promotion and protection of the rights of types of social exclusion, stigmatization intersectionalities of socio-economic sexual minorities in their rights to dignity, privacy and bodily all persons and constitutes a retrogressive and discrimination. class, geographical location, language integrity. In response to the Monjeza- step in the global effort towards dignity and gender exacerbate the challenges Malawi are embedded Chimbalanga case the Centre for Human and equality for all.”64 At the same time, Transgender issues are poorly and discrimination experienced by in structures of Rights at the University of Pretoria in the right to a fair trial, the right to legal understood, even within the transgender transgender people in different areas, South Africa, noted that the judgment representation, and specifically the right community itself, and human rights and are further compromised by the patriarchy and cultural “makes a mockery of the human rights to have unconstitutionally obtained defenders and activists themselves cis-normative erasure of transgender provisions enshrined in chapter four of evidence excluded from trial are further are often poorly informed on the citizenship and rights in Malawian health, chauvinism, which the Revized Constitution of the Republic contraventions of the Constitution. issues. Transgender activists tend to legislative and other frameworks, as well of Malawi, 2004, particularly sections highlight issues of transmen rather as the position of transgender people in serve to amplify 65 than transwomen. There is still very prisons.67 the intersections little research on the lived realities of between sexual transgender people in Malawi, especially orientation and gender identity on the one hand, and culturally defined patriarchal heteronormativity on the other.

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64. Centre for Human Rights (UP), 2010, Press Statement for immediate release 25 May 2010: The conviction of Steven 65. These observations were made during interviews with CEDEP staff. Monjeza and Tiwonge Chimbalanga should be overturned and the applicable law repealed 66. Transgender and Intersex Africa. 2014. Report of the Southern Africa Transgender Advocacy and Capacity Building Summit 15-17 August 2014, Johannesburg, South Africa. country report: Malawi 67. Gender Dynamix. 2014. Rooted In The Past Reaching For The Future Report Of The 2nd Trans* Health, Advocacy And country report: Malawi Research Conference, Cape Town 31 May — 2 June 2014, p. 15. canaries in the coal mines – an analysis of spaces for LGBTI activism in Malawi

Ongoing criminalization of homosexuality is the biggest obstacle to realising LGBTI human rights in Malawi. Without clarity and decisive action on the part of the ways forward government, the situation for LGBTI people remains uncertain. Despite the government’s apparent reluctance to address the issue there is sufficient evidence to suggest that despite a disabling legislative environment progress is being made in terms of raising public awareness and sensitizing key stakeholders to the full human rights of LGBTI people.

Key areas for ongoing activism, advocacy and research include the following:

> ‘Joined up’ litigation and associated civil society advocacy that puts continued pressure on the executive and law-makers to remove the sodomy clauses in the Penal Code towards effectively decriminalizing homosexuality in Malawi.

> Key LGBTI players such as CEDEP along with other local and international development organizations need to generate data that addresses critical information gaps hindering focused and targeted programming for LGBTI people. Particular gaps relate to LBT women.

> While more established national organizations such as CEDEP and CRHH have relatively sophisticated resource mobilization strategies, smaller LGBTI NGOs and CBOs struggle to secure funding for community level activities. Grassroots services and support are critical in addressing the needs of LGBTI communities, as well as for local level information sharing and awareness-raising, towards changed public attitudes, discriminatory behaviours that exclude and prevent LGBTI people from realizing their full human rights.

> Collaborative action on LGBTI human rights appears to have taken root within Malawian civil society and serves a strategic purpose in mobilizing cross-sectoral activism, 49 bringing together different skillsets and capacities to address specific rights issues.

> Effective LGBTI and broader human rights movement building needs to strengthen transgender and lesbian leadership by building the capacities of WSW, transgender and intersex individuals and organizations. 8 country report: Malawi canaries in the coal mines – an analysis of spaces for LGBTI activism in Malawi

Afrobarometer. 2012. Afrobarometer Round 5 Survey in Malawi, 2012. Eleonorasdotter, E. 2014. Lesbian Life in Malawi: An Intersectional Study Center for Social Research (CSR), University of Malawi. Lilongwe. http:// of Repressive and Constructive Power. Masters Thesis of Applied Cultural afrobarometer.org/sites/default/files/publications/ Summary%20of%20 Analysis. Department of Arts and Cultural Sciences. Lund University. results/mlw_r5_sor.pdf Sweden.

Alliance for Sexual and Reproductive Health and Rights. 2016. Building Epprecht, M. 2008. Heterosexual Africa?: The History of an Idea from the References bridges: Towards mainstreaming of sexual and gender diversity in SRHR Age of Exploration to the Age of AIDS. Ohio University Press. Ohio USA. organisations - lessons learned in Africa and Asia. The Dutch SRHR Alliance and the ‘Unite for Body Rights’ programme. Utrecht. Equality Network. 2014. LGBTI People of the Commonwealth. Equality Network Edinburgh. AmfAR. 2013. Achieving an AIDS-Free Generation for Gay Men and Other MSM in Southern Africa — Malawi: Country Profile. Center for Public Ibrahim, A. “LGBT rights in Africa and the discursive role of international Health and Human Rights Department of Epidemiology Johns Hopkins human rights law” in African Human Rights Law Journal. 2015. 15. 263- School of Public Health. Baltimore. USA. 281.

Bridging the Gaps / MSMGF. 2012. Malawi A baseline on the health HIVOS. 2013. Stop Hate Crimes: Responding to the Safety and Security and human rights situation of LGBT and other key populations. COC Needs of LGBTI Communities and Organisations: A situational analysis Netherlands and the Global Forum on MSM and HIV. Amsterdam. of Malawi, South Africa, Zambia and Zimbabwe. HIVOS South Africa. Johannesburg. Centre for the Development of People. 2011. Non-Governmental Organisations’ Shadow Report on the Implementation of the International International Center for Non-Profit Law (ICNL). 2016. “LGBTI Civil Society Covenant for Civil and Political Rights (ICCPR) in Malawi. Submission to Organizations Around the Globe: the 103rd Session of the Human Rights Commission (25 October 2011, Geneva). CEDEP. Lilongwe. Challenges, Successes, and Lessons Learned” in Global Trends in NGO Law, Volume 7, Issue 2. Centre for the Development of People / Centre for Human Rights and Rehabilitation. 2015. Human Rights Violations on the Basis of Real or Chanika, E., Lwanda, J. and Muula, A. 2013. “Gender, Gays and Gain: Perceived Sexual Orientation and Gender Identity in Malawi. 2014 Report. The Sexualised Politics of Donor Aid in Malawi” in Africa Spectrum 1/2013: Lilongwe. 89-105.

Chanika, E., Lwanda, J. and Muula, A. 2013. “Gender, Gays and Gain: Kaoma, J. 2012. Colonising African Values: How the U.S. Christian Right The Sexualised Politics of Donor Aid in Malawi” in Africa Spectrum. 48, 1, is Transforming Sexual Politics in Africa. Political Research Associates. 89-105. Somerville, MA.

Chibweza, W. 2011. “Blackmail Among Gay People in Malawi” in Nowhere Lopang, W. 2014. “No place for Gays: Colonialism and the African to Turn: Blackmailand Extortion of LGBT People in Sub-Saharan Africa. Homosexual in African Literature” in International Journal of Humanities and International Gay and Lesbian Human Rights Commission. New York. Social Science Vol. 4, No. 9(1); July 2014.

Currier, A. (2014). Arrested Solidarity: Obstacles to Intermovement Support Malamba, M. 2012. The Controversy of Homosexuality: A Critical Look for LGBT Rights in Malawi. Women’s Studies Quarterly, 42(3/4), 146–163. at the Issues That Make Legalizing Homosexuality in Malawi Difficult. A Retrieved from http://www.jstor.org/stable/2436499 dissertation submitted in partial fulfilment for the degree: Master in Human Rights Practice School of Global Studies, University of Gothenburg, 51 Eisfeld, J, Gunther, S and Shlasko, D. (2013) The State of Trans* and Sweden. Intersex Organizing: A case for increased support for growing but under- funded movements for human rights. New York: Global Action for Trans* Equality and American Jewish World Service.

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Malawi Human Rights Commission. 2013. Mid-Term Progress Report On Transgender and Intersex Africa. 2014. Report of the Southern Africa the Implementation of the United Nations Human Rights Council’s Universal Transgender Advocacy and Capacity Building Summit 15-17 August 2014, Periodic Review Recommendations to Malawi. MHRC. Lilongwe. Johannesburg, South Africa. http://transgenderintersexafrica.org.za/wp- content/uploads/2014/10/summit-report.pdf Malawi Human Rights Commission. 2014. Annual Report 2013. MHRC. Lilongwe. Southern Africa Litigation Centre. 2015. Update Submission to the Committee on the Elimination of all Forms of Discrimination against Meinhardt, H. and Patel, N. 2004. Malawi’s Process of Democratic Women Regarding the Government of Malawi’s 7th Periodic Report. SALC. Transition: An Analysis of Political Developments in Malawi between 1994 Johannesburg. and 2003. University of Malawi. Lilongwe. United Nations Human Rights Council. 2015. National report submitted Mujuzi, J.D. 2010. “Discrimination against homosexuals in Malawi: lessons in accordance with paragraph 5 of the annex to Human Rights Council from the recent developments” in International Journal of Discrimination resolution 16/21: Malawi. UN. New York. and the Law, September 2011, vol. 11 no. 3 150-160. Van Klinken, A. and Chitando, E. (Eds). Public Religion and the Politics of Tamale, S. The Right to Culture and the Culture of Rights: A Critical Homosexuality in Africa. Routledge. New York. Perspective on Women’s Sexual Rights in Africa. This article is a modified version of a paper presented at a Conference on the theme, “Up Against Zahn R, Grosso A, Scheibe A, Bekker L-G, Ketende S, Dausab F, et al. the Nation-States of Feminist Theory,” June 30 - July 1, 2006; AHRC (2016) Human Rights Violations among Men Who Have Sex with Men in Research Centre for Law, Gender & Sexuality, University of Kent, UK. Southern Africa: Comparisons between Legal Contexts. PLoS ONE 11(1): e0147156. doi:10.1371/ journal.pone.0147156. Tamale, S. Exploring the contours of African sexualities: Religion, law and power in African Human Rights Law Journal (2014) 14 AHRLJ 150-177.

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country report: Malawi