The BBC reports that Malawi President Bingu Wa Mutharika has pardoned Steven Monjeza, 26, and Tiwonge Chimbalanga, 20, the same sex couple who were convicted of gross indecency and unnatural acts for the crime of getting engaged to marry last December. The couple was sentenced to 14 years hard labor in prison.
The plight of the couple sparked international attention about the country’s ultra-conservative views about homosexuality and that the law upon which they were tried was an antiquated law from British colonial rule. Complaints were sent to the Malawi government and to the donor governments upon which Malawi replies heavily.
Mutharika announced the pardon and the immediate release of the couple during a visit by UN chief Ban Ki-moon. The BBC quotes Ban’s decision as “courageous,” adding, “This outdated penal code should be reformed wherever it may exist.”
Mutharika said the pardon was based on humanitarian grounds. “These boys committed a crime against our culture, our religion and our laws,” he said. “However, as the head of state I hereby pardon them and therefore ask for their immediate release with no conditions.”
Intense criticism of the Malawi government for human rights violations followed the sentencing, including from England, the country’s biggest donor, and the United States, which called the sentence a backward step.
The BB reports that international rock star and AIDS activist Sir Elton John wrote a letter to Mutharika published Saturday in the Guardian pleading for the couple’s release: John wrote: “Their trial and harsh sentencing will have a perilous effect on our continuing efforts to combat Aids in Malawi and potentially reverse the gains we have achieved.”
Gift Trapence, from the Centre for the Development of People, said, “We’re very happy and we praise the president for his maturity, but there is still a long way to go to end the culture of hate.”
Peter Tatchell, the British human rights campaigner who has championed Steven and Tiwonge’s case and support them personally, arranging prison visits, food parcels and medicine, said
“Our thanks to President Bingu and Ban Ki Moon for ending this terrible injustice. Steven and Tiwonge should never have been arrested, let alone jailed for five months, convicted and sentenced to 14 years hard labour. They love one another and have harmed no one.
I hope the government of Malawi will now show true humanitarian leadership by repealing the criminalisation of homosexuality and enacting laws to protect gay people against discrimination and hate crimes, as South Africa has done.
As someone who supported the people of Malawi in the 1970s and 80s, when they struggled against the dictatorship of Dr Hastings Banda, I urge the Malawian government to continue the transition to democracy and human rights by ensuring equality for its lesbian, gay, bisexual and transgender citizens.”
UPDATE; THE WHITE HOUSE ISSUED THIS STATEMENT:
The White House is pleased to learn of President Bingu wa Mutharika’s pardon of Tiwonge Chimbalanga and Steven Monjeza. These individuals were not criminals and their struggle is not unique. We must all recommit ourselves to ending the persecution and criminalization of sexual orientation and gender identity. We hope that President Mutharika’s pardon marks the beginning of a new dialogue which reflects the country’s history of tolerance and a new day for lesbian, gay, bisexual, and transgender rights in Malawi and around the globe.
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Malawi couple, Peter Tachell