Anti-gay laws are a foreign imposition
Violation of Constitution & African Charter on Human & Peoples’ Rights
London, UK – 15 January 2010
More than 28 Members of the Scottish Parliament (MSPs) have signed a motion condemning the arrest and trial of Steven Monjeza and Tiwonge Chimbalanga, the two Malawian men charged with homosexuality after they held a same-sex engagement ceremony in late December.
A copy of the parliamentary motion follows below.
The sponsor of the parliamentary motion, MSP Joe FitzPatrick (Dundee West), said today:
“I am pleased that this motion is rapidly attracting signatures from MSPs of all parties. Although Scotland does not have an official foreign policy role – that is reserved to Westminster – this is an important issue of human rights and we must speak up and mobilise public opinion in Scotland against these discriminatory and illegal arrests,” said Mr FitzPatrick.
The campaign to secure Scottish parliamentary opposition to the arrest of Steven Monjeza and Tiwonge Chimbalanga has been assisted by London-based human rights campaigner Peter Tatchell.
On the initiative of Scotsgay publisher, John Hein, Mr Tatchell helped draft the motion with parliamentary researcher Gregor Murray.
“Despite having made a successful transition to democracy, Malawi is now abusing the human rights of these men. It is very sad,” said Mr Tatchell. .
“This prosecution is illegal. It is contrary to section 20 of the Malawi constitution, which outlaws all discrimination. It violates the equal treatment provisions of the African Charter on Human and Peoples’ Rights, which Malawi has signed and pledged to uphold.
See details of these documents below.
“Malawi’s anti-gay laws were not legislated by Malawians. They were devised in London in the nineteenth century and imposed on the people of Malawi by the British colonisers and their army of occupation. Before the British came and conquered Malawi, there were no laws against homosexuality. These laws are a foreign imposition. They are not African laws.
“I hope the charges against Tiwonge and Steven will be dropped and that Malawi will respect human rights by abolishing its colonial laws against homosexuality.
“I have been a long-standing friend of the people of Malawi, and have supported their efforts for social justice and human rights over many years.
“In the 1970s and 1980s, I supported Malawians who were campaigning for multi-party democracy. I lobbied for freedom of the press and for the release of political prisoners detained by the then President, Hastings Banda,” said Mr Tatchell.
“In 1978, I visited Malawi and worked undercover to expose child labour and starvation wages on British owned plantations – helping improve working conditions for employees and their families,” said Mr Tatchell.
Further information:
Peter Tatchell – 0207 403 1790
Joe FitzPatrick MSP – +44 1382 623200 and +44 7708 417612
Press Release from Joe FitzPatrick MSP
Immediate:
Scottish Parliament Condemnation for Malawi Anti-homosexual Arrests
Dundee West MSP Joe FitzPatrick has welcomed cross-party support at the Scottish Parliament for his motion urging the Scottish Parliament to condemn illegal and homophobic arrests and treatment of prisoners by the authorities in Malawi as contravening the African Charter on Human and People’s Rights and international human rights.
At present more than 28 MSPs have supported the motion which also calls on the Scottish Government to urge the Malawian government to release the two men immediately and to end the criminalisation on homosexuality in Malawi.
It also calls for an end to police harassment of HIV educators and human rights defenders in the country.
Speaking today, Joe FitzPatrick said: “I am pleased that this motion is rapidly attracting signatures from MSPs of all parties. Although Scotland does not have an official foreign policy role – that is reserved to Westminster – this is an important issue of human rights and we must speak up and mobilise public opinion in Scotland against these discriminatory and illegal arrests.
“Malawi is one of several African countries adopting increasingly homophobic attitudes, with Uganda having recently introducing anti-homosexual legislation including the death penalty and other repressive practices being introduced in Gambia.
“Apart from the human rights violations, and the discriminatory nature of the contraventions, it is likely that these retrograde and illegal moves will considerably set back efforts to combat the massive problem of HIV AIDS in the African sub-continent.”
MOTION TO THE SCOTTISH PARLIAMENT:
S3M-05484 Joe FitzPatrick (Dundee West) (Scottish National Party): Malawi Anti-homosexual Arrest — That the Parliament condemns the arrest and treatment by the Malawian authorities of Steven Monjeza and Tiwonge Chimbalanga, two men who were arrested on 28 December 2009 and charged with unnatural practices between males and gross public indecency; condemns the attempts of the Malawian authorities to subject the men to forced anal examinations; considers the arrest to be discriminatory, homophobic and illegal and to violate equality and non-discrimination clause 20 of the Malawian Constitution, the African Charter on Human and Peoples’ Rights and international human rights documents, and calls on the Scottish Government to urge the Malawian authorities to release the two men immediately and unconditionally, to ensure their safety on release, to end the criminalisation of homosexuality in Malawi…
Supported by MSPs: Karen Gillon, Stewart Maxwell, Aileen Campbell, Sarah Boyack, Liam McArthur, Linda Fabiani [ and more than 20 others ]
Lodged on Friday, January 08, 2010
Constitution of Malawi – Article 20:
1. Discrimination of persons in any form is prohibited and all persons are…guaranteed equal and effective protection against discrimination on grounds of race, colour, sex, language, religion, political or other opinion, nationality, ethnic or social origin, disability, property, birth or other status.
See here:
http://tinyurl.com/ycje4s8
The African Charter on Human and Peoples’ Rights – Articles 2, 3 and 4:
Article 2
Every individual shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in the present Charter without distinction of any kind such as race, ethnic group, color, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status.
Article 3
1. Every individual shall be equal before the law. 2. Every individual shall be entitled to equal protection of the law.
Article 4
Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right.
See here:
http://www1.umn.edu/humanrts/instree/z1afchar.htm
Malawi has signed and pledged to uphold this African Charter:
http://tinyurl.com/yd5c6hw
Further information:
Gregor Murray, Constituency Researcher to Joe FitzPatrick MSP (Dundee West) and Shona Robison MSP (Dundee East).
t: +44 1382 623200 | m: +44 7708 417612
a: 8 Old Glamis Road | Dundee | DD3 8HP
e: [email protected]