The Malawi Government has reversed its earlier position that it is taking steps to promote and protect the rights of the LGBTQ+ community, stating that same-sex relationships do not exist in Malawi.
The new stance comes after government representatives last Wednesday told member States at the 50th Session of Universal Periodic Review (UPR) in Geneva in Switzerland that Lilongwe had put in place measures to protect the community.
It also follows a press release that was later dismissed which suggested that Malawi was taking steps towards promoting inclusivity and protecting the rights of all citizens, including minority groups such as the LGBTIQ+ community.
Ministry of Gender, Children, Disability and Social Welfare Principal Secretary (Administration) Oliver Kumbambe on Friday disowned that statement and its contents.
He said: “The contents of the release are false and malicious, aimed at discrediting the ministry and government. There are no efforts to repeal and amend laws that criminalise same sex relationships.
“The ministry, therefore, disowns the press release and its contents. The ministry urges members of the public to disregard the press release, and to refrain from spreading unverified and fake information.”
But during the UPR, Ministry of Justice director of legislative drafting services Amani Mussa said there is a national discourse on this issue and that government remained committed to engaging all stakeholders in an inclusive and respectful manner.
Notwithstanding the Penal Code, which criminalises same sex relations, he said government ensures that all persons, regardless of sexual orientation, have access to essential services, including health care services.
On decriminalisation of same-sex offences, Mussa conceded that this was a complex and sensitive subject that required broad national consultation and dialogue among various stakeholders.
Meanwhile, Centre for the Development of People Gift Trapence has asked government to be clear and avoid contradicting itself on the matter.
He said: “It should be honest about what it committed at the UN UPR review processes. Malawians can watch at the United Nations website on what was committed.
“It is important for the government to be serious and be committed to implement recommendations made during the process. The process is not a talk show rather is a serious accountability process on the protection of human rights issues of all Malawians regardless of sexual orientation.”
Centre for Human Rights and Rehabilitation executive director Michael Kaiyatsa acknowledged socio-political hurdles.
In a June 2024 judgement, the High Court of Malawi sitting as the Constitutional Court upheld the criminalisation of same-sex relationships, affirming the constitutionality of contentious provisions in the Penal Code.
