Journal of African Law, 60, 3 (2016), 365–387 © SOAS, University of London, 2016. doi:10.1017/S0021855316000127 LGBT Rights in Malawi: One Step Back, Two Steps Forward? The Case of R v Steven Monjeza Soko and Tiwonge Chimbalanga Kachepa Bradley Demone* Ministry of the Attorney General, Ontario, Canada
[email protected] Abstract In late 2009 two Malawians, a man and a transgender woman, united in an engagement ceremony. Police charged both under Malawi’s anti-sodomy provi- sions. The case captured the nation’s attention and drew scrutiny from foreign gov- ernments and human rights organizations. Several western nations threatened to withdraw aid unless the prosecution was discontinued. Nevertheless, the defen- dants were convicted and sentenced. Following a visit from the UN secretary gen- eral, Malawi’s president pardoned the couple, but emphasized that the “two gay boys” had offended Malawi and its people. This article examines this case (Rv Soko and Kachepa) and its impact on Malawi’s LGBT rights movement. Using Thomas Stoddard’s “rule-shifting, culture-shifting” paradigm, it considers the efficacy of international and domestic advocacy efforts and concludes that aid con- ditionality is, in many ways, counter productive. Conversely, multi-dimensional do- mestic advocacy is a promising strategy to change the relevant law and public attitudes associated with the Malawian LGBT community. Keywords Malawi, human rights, advocacy, LGBT rights, “rule-shifting, culture-shifting” INTRODUCTION “Kali kokha nkanyama, tili awiri ntiwanthu.” This phrase, in Malawi’s native language, Chichewa, translates as: “[w]hen you are on your own you are as good as an animal of the wild; when there are two * Assistant crown attorney, Ministry of the Attorney General, Ontario, Canada.