Malawi court “errs” on same-sex marriages, Says HRDC

The Human Rights Defenders Coalition (HRDC) has expressed disappointment and frustration with the Constitutional Court’s ruling on homosexuality laws in Malawi.

The court’s decision to uphold the criminalization of homosexuality has been met with dismay by rights activists, who argue that it overlooks basic human rights enshrined in the constitution.

Michael Kayiyatsa, Vice Chairperson for HRDC, expressed his reservations about the judgment, stating that the judges failed to consider the broader issues affecting the rights of homosexuals in the country.

“The court should have taken into account the fundamental human rights of all individuals, including those who identify as LGBTQ+,” Kayiyatsa told MIJ Online.

According to Kayiyatsa, “This judgment is a setback for human rights in Malawi.”

Kayiyatsa added that the HRDC is currently discussing with its legal team to determine the next course of action regarding the judgment.

“We will not let this matter rest. We will continue to fight for the rights of all individuals, regardless of their sexual orientation,” he emphasized.

Frank Namangale, spokesperson for the Ministry of Justice, welcomed the ruling, stating that it aligns with the country’s laws and values.

“The government is pleased with the court’s decision, which reaffirms our commitment to upholding the laws of the land,” Namangale said.

However, rights activists argue that the ruling perpetuates discrimination and violence against the LGBTQ+ community.

“This judgment is a clear indication that the court has failed to protect the rights of all citizens, including those who identify as LGBTQ+,” Kayiyatsa said.

“We will continue to fight for a society that values diversity and promotes inclusivity for all.”

The Constitutional Court’s judgment means that homosexuality remains a criminal offense in Malawi, punishable by a maximum prison sentence of 14 years.

This ruling has sparked concerns among rights activists about the safety and well-being of Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ) individuals in the country.