Govt bows down to donors pressure
Government has bowed down to benefactors and human rights bodies by dropping all charges against two alleged homosexuals arrested in Lilongwe last week.
Police at Kanengo arrested 19-year-old Cuthbert Kulemeka and Kelvin Gonani, 39, following a commotion that erupted in Area 25 Township after some residents got infuriated with allegations that the two engaged in a homosexuality act at one of the suspects’ home.
The development prompted the United States of America (USA), United Kingdom (UK), Germany and Human Rights Watch (HRW) to ask Malawi to drop charges levelled against the two men, arguing by doing so the country was breaking its moratorium on consensual same-sex conduct.
The arrests of the two came at a time government has been touting to international human rights Nations (UN), that there was a moratorium on arrests, detention and prosecution of people alleged to have engaged in homosexual practices.
But in a statement issued Friday night, Minister of Justice and Constitutional Affairs Samuel Tembenu said in re-affirming its commitment to observing the moratorium, government had decided to drop all the charges against the two men.
“Government is re-affirming its commitment to observing the moratorium. In light of this commitment, the two gentlemen have been released from custody and all the charges dropped,” reads the statement signed by Tembenu.
Last week, the minister told The Nation his ministry was investigating the circumstances surrounding the arrest of the suspects before coming up with a decision.
However, Tembenu said in the statement after conducting its investigations into the arrests, their findings “do not disclose a case of two consenting male adults indulging in consensual sex.”
Reads the statement: “Rather, the evidence indicated a case of indecent assault hence, the diligence on the part of the police to require medical examination in order to establish the truth. The ministry has not detected any prejudice or malice on the part of the conduct of the police.”
Tembenu said Malawi, as a member of the international community, was also committed to adhere to universally accepted
human rights standards and acknowledges the views expressed by international human rights bodies that the inclusion of offences prohibiting homosexuality in the country’s legislation may be at variance with the views held by such bodies.
In its letter to Tembenu last week, the HRW said by dropping charges, Malawi would be upholding the African Commission Resolution 275 of 2013, which calls for member States to cease arbitrary arrests and to protect individuals from violence on the grounds of sexual orientation and gender identity.
Reacting to the development, Centre for the Development of People (Cedep) executive director Gift Trapence commended government for dropping the charges and also re-affirming its commitment to international human rights obligations.
“We also commend the government for its commitment to implementing the moratorium and also to review the sodomy laws. It is our hope that the moratorium position will be officially communicated to the police so that they are able to adhere to it.
“It also our expectation that as we are in the process of reviewing the sodomy laws culture and religion will not be used as a tool to suppress or discriminate other sections of the Malawian society,” said Trapence.
He also urged government to address the human rights abuses the two men suffered while in the hands of police and medical personnel.
Malawi is also a signatory to the International Covenant on Civil and Political Rights which guarantees the right to privacy and the right to non-discrimination of all people.
The country also suspended enforcement of anti-gay laws, among them Sections 137(a), 153, 154 and 156 of the Penal Code pending a High Court review of their constitutionality, but this has not been concluded, HRW said. n
You people obey God. “We must obey God rather than men”,
Acts 5:29. The moratorium German, USA and UK are referring to was signed by
Ralph Kasambala during Joyce Banda’s reign. By issuing this moratorium Joyce
Banda broke the oath she made during swearing in to the office of the president
of the Republic of Malawi. She vowed to lead Malawi according to God’s Laws.
However, she went on her own ways because she obeyed donors (men) rather than
God and God’s wrath was upon her and Ralph Kasambala. Look at how Ralph
Kasambala is being disgraced. What about Joyce Banda? She felled the election
of which she never expected it. She is right now in self exile because she is
afraid of more wraths, the fact of which everyone cannot refute. How can you call
a human right, an act which God has forbidden? Which law on homosexuality should
we follow? Man’s or God’s Law? It is clear that the moratorium is a man’s law
but God’s Law on homosexuality is this that, “Do not lie with a man as one lies
with a woman; that is detestable. (Leviticus 18:22) “If a man lies with a man
as one lies with a woman, both of them have done what is detestable. They must
be put to death’ their blood will be put on their own heads. (Leviticus 20:13)
Read also the whole of Romans chapter one. God is punishing the western nations
because of this detestable campaign. God’s wrath is upon United States of
America, German, United Kingdom and the rest because they are what the Holy
Bible say are, “God-haters, insolent, arrogant and boastful; they invent ways
of doing evil: they disobey their parents; they are senseless, faithless,
heartless, and ruthless. Although they know God’s righteous decree that those who
do such things deserve death, they not only continue to do these very things
but also approve of those who practise them” Romans 1:29-32. Look at what is
happening over there? Just watch out. They are experiencing tragedy after
tragedy. God will continue using the east to punish the west. USA alone spend
over 70% of it national budget on security because they do not have peace. Peter!
Do not be afraid. Fear God and your kingdom will be established. They may spend their resources in hiring
fools to test your Government but won’t succeed. God will fight for Malawi
battles. Whoever has ears should hear what the spirit says. So, Shall it be!
While I disagree with the proponents of gay rights, I also beg to differ with your opinion/conclusion, Samuel. There’s unproven link between God’s power and the suffering of the two Malawians, as you suggest in your post. I need further proof, sir! For sure its not just two people suffering. If its God’s wrath then its on everyone including the righteous ones (if at all we have any) who are also suffering day in day out.
My friend, have you read the breaking news that 68 million people
in USA have been hit by deadly storms and tornadoes last Wednesday night the 23rd
December, 2015. Let’s watch out. God’s power cannot be debated. God is
supernatural. There is no formula, means
or ways to prove God’s power. Isaiah 55:8-9, “For My thoughts are not your
thoughts, nor are your ways My ways,” Declares the LORD. “For as the heavens
are higher than the earth, so are My ways higher than your ways and My thoughts
than your thoughts”. As for your concern
about the righteous being also affected, hear this, Proverbs 29:2, “When the
RIGHTEOUS is in authority, the PEOPLE REJOICE: but when the WICKED rule, the
PEOPLE MOURN. The only option is to OBEY GOD rather than men. Proverbs 29:1 “He,
that is being often reproved hardened his neck, shall SUDDENLY be DESTROYED,
and that WITHOUT REMEDY.