Q & A

Out and proud

On Saturday, sexual minorities and rights defenders held the country’s first Pride March in Lilongwe, where they petitioned the Lazarus Chakwera administration to show greater commitments towards human rights for all regardless of one’s sexual orientation and gender identity. In this interview, our Staff Writer SUZGO CHITETE catches up with Nyasa Rainbow Alliance (NRA) programmes and operations manager George Kachimanga and asks him if Lesbian, Gay, Bisexual, Transgender, Intersex and Questioning (LGBTQ+) Malawians are reaping the fruits of ‘a better Malawi for everyone’ as promised by Chakwera’s governing bloc:

How important was the march you held in the capital city?

We had a Pride Parade in Lilongwe on Saturday. This was very important for LGBTIQ+ advocacy in Malawi as it was the first of its kind in the country. The theme of the march was Liberty and Justice for All. The parade is one way of enhancing visibility. It was also important to take to the streets of the capital as it provided a platform to deliver a petition to the State on issues surrounding LGBTIQ+ people and rights in the country.

Over the years, LGBTIQ+ people have been complaining of State-neglected abuses, unfair treatment, violence, stigma and discrimination. Has the situation improved under the current regime which promised a better Malawi for all?

There has been progress over the years due to continued awareness and advocacy by relevant stakeholders. However, there are a number of cases of unfair treatment still happening in the country from various aspects. These include stigma and discrimination in workplaces, schools, hospitals, etc.

In the first quarter of 2021, NRA received over 20 human rights abuse cases, most of the complaints involved parents chasing their children from home because of their sexual orientation. We also have cases of students being expelled from school based on their sexual orientation, gender identity and expression; others losing jobs; and communities taking the law in their  own hands by agitating to burn LGBTIQ+ people. In short, in as much as there is progress on advocacy, we are still experiencing cases of violence, stigma and discrimination.

We have a one-year-old presidency at the helm of State affairs which, during campaign, made several promises. As a community, do you feel safe with the new regime?

The new government was not clear on LGBTIQ+ issues in their campaign. Obviously, there was a feeling that they  would not get a popular vote if they backed LGBTQ+ issues. That’s the fear of politicians. They know what they ratify but cannot come out clear to the public.  Check with them on the human rights treaties Malawi ratified, and see what happens on the ground. It is hypocrisy.

As it stands, Malawi is sitting in the United Nations’ Human Rights Council. By virtue of being in the council, the country should lead by example in respecting human rights.  You don’t choose which right to respect or to ignore. As a community, I don’t think subjecting the issue to a study or a referendum is a plausible solution. The state can do better than that. The outcome is obvious. That is simply a scapegoat. There is no safety with this approach.

In 2012, Malawi declared a moratorium on some laws that victimise the LGBTIQ community. But last year, the government rejected the Universal Periodic Review [UPR] recommendations to end violence against sexual minorities. Apart from submitting the petition, have you engaged government on this?

The UPR is also a platform where civil  society organisations raise their issues with the government. The State is aware of these issues and rights violations; that is why it responded by leaving it in the hands of Malawi Human Rights Commission to do a national study. This is one of the reasons we are petitioning them. Issues of minorities cannot be subject to the majority will.

The Penal Code contains laws that expose the LGBTIQ to arbitrary arrests, stigma, abuse, violence. Do you have confidence that the new regime will repeal these laws?

The supreme law of the land is the Constitution. Why clinging to colonial laws that were made when we were not independent? The ones who made them changed them, and here we are still using them. It’s up to the State to do the right thing. I can’t speak on its behalf.

Lastly, politicians think the best way to handle these issues is to have a referendum or public inquiry. What’s your take?

We say no to the referendum or public hearings. It’s hypocritical.

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