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Little room for gays in Malawi- survey

If you are a Malawian gay and reading this, you can relate; it is probably why you keep your sexual orientation to yourself.

Malawi seems like is not going to be a place for you, at least not any time soon if results of a Nation on Sunday survey are anything to go by.

In the weekly survey involving 1 200 people, interviewed in 17 districts and through social networking site Facebook as well as the short messaging service (SMS), 96 percent of the respondents said the law in Malawi should not allow gay relationships.

The major reasons for the overwhelming rejection of homosexuality are that it is alien to the Malawian way of life and contradicts religious beliefs.

In contrast, those who favoured the change in the law to accommodate gay relationships said in a democratic country such as Malawi, people have the right to be what they are. 

When Joyce Banda became President in April, she said the laws that criminalise homosexuality would be repealed. However, she has since changed course, saying more consultations are needed on the issue.

Jesse Kabwila-Kapasula, one of the forerunners in researching and championing the recognition of gays in Malawi, said on Saturday surprised by the survey results.

Kabwila-Kapasula said she actually expected the outcome. She said most of the literature on gays in Malawi and why they need to be recognised has only just come out and, hence, people are not fully aware of the issue.

This, she said, explains the negative responses.

“We are in a society that is dominated by heterosexuals and it is thus difficult to wake up one day and expect a positive answer to such a question. Again, a majority of Malawians are Christians and Muslims whose tenets are against homosexuality, so, yes, if you go to the streets, you can get up to 93 percent of them saying no to homosexuality…it will take a long time,” said Kabwila-Kapasula.

She warned against what she called monolithic reading of the Bible, arguing that there are conscious voices in the Church who are saying some things need to change. She said literal reading of the Bible is what causes some people to hate women.

Kabwila-Kapasula said the fact that Malawi is debating the issue in a global context makes the subject sticky as some Malawians believe that whoever is speaking about justice for sexual minorities is sent by westerners.

Human rights activist Undule Mwakasungula was also not surprised by findings of the survey.

“Malawians feel that they are more religious than anybody else and, therefore, being associated with homosexuality is a sin. It is not the work of the majority to decide the rights of the minority.

“The majority have the obligation to protect and promote the rights of minority groups. So, it’s totally unacceptable and dangerous to put the fate of sexual minorities in the hands of the majority who are already homophobic,” said Mwakasungula.

Kabwila-Kapasula said the stigma attached to homosexuality is impeding the fight against HIV and Aids in the country.

“People are dying because they cannot access medical attention for fear of being asked questions like ‘why do you have infection in your anal area?’ This is why we are saying let us not just argue, but go to the villages and ask Malawians if they have some who are gay,” she said.

For human rights lawyer Chrispin Sibande, the strong antipathy in Malawi towards homosexuals will change down the road.

“In the 1940 in America, if they voted on whether blacks and whites should have equal rights, there would be almost 98 percent against equal rights, so even here the people will understand over the years,” said Sibande.

Sibande said Section 12 of the country’s Constitution provides for and safeguards minority rights.

Speaking in Lilongwe on Thursday, Minister of Justice and Attorney General Ralph Kasambara said the laws that criminalise same-sex relationships are longer in use until Malawians make a decision on whether to maintain the status quo.

Kasambara said this at a debate on sexual minorities organised by the Centre for Human Rights and Rehabilitation (CHRR) and Centre for Development of People (Cedep).

“There is a moratorium on all such laws, meaning that police will not arrest or prosecute anyone based on these laws. These laws will not be enforced until the time that Parliament makes a decision,” he said.

Kasambara added: “The idea is that if indeed these laws are found to be unconstitutional, it would be an embarrassment to government and if they will be found to be alright, then police will be able to act on them. It is better to let one criminal get away with it rather than throw a lot of innocent people in jail

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