LGBTI moratorium: For how long?
In Black’s Law Dictionary, moratorium is defined as delay or postponement of a legal obligation, action or proceeding.
In 2012, government put a moratorium on anti-gay laws, from effectively stopping the police arresting gays and lesbians.
Sections 153 and 156 of the Penal Code criminalise sexual activity between men or women and it attracts a maximum of 14 years imprisonment.
Between April 2012 and May 2014, the Joyce Banda administration insisted that the police would not arrest anyone until Parliament decided on the matter
Come 2015, the Peter Mutharika administration reaffirmed the moratorium. Minister of Justice at the time, Samuel Tembenu, emphasised government’s commitment to respect the rights and freedoms of the lesbian, gay, bisexual transgender and intersex (LGBTI) community.
But 10 years down the line, the moratorium is still in force and the laws have not changed. It still remains criminal to practice homosexuality in the country.
When contacted, Attorney General Thabo Chakaka Nyirenda was elusive on the matter.
“All I can say is that I heard that there is a moratorium on anti-gay laws, but I need to find out progress on the matter,” he said.
But Centre for the Development of People executive director Gift Trapence feels the anti-gay laws should just be scrapped as the moratorium is not working.
He said: “Cedep is calling on government to implement the moratorium by ensuring that there is proper communication with the police.
“This implementation will ensure that the LGBTI community is able to enjoy its rights without fear of being arrested.”
Human rights lawyer Chikondi Chijozi says the moratorium was just a political statement as homosexuals are still being arrested.
“I cannot say much because there are cases in court I am handling. All I can say is that the moratorium is not working because people are being arrested. May be it was just a political statement,” she said.
In 2009, police arrested Tiwonge Chimbalanga and Steven Monjeza for engaging in homosexual i ty. They were sentenced to 14 years imprisonment ,a thing that sparked national and international condemnation.
Former president Bingu wa Mutharika later pardoned them.
