Ujumbe kutoka Malawi: Haki imetendeka hapa wakuu?

[Ab-Titchaz]

Malawi court convicts gay couple​

Steven Monjeza (L) and Tiwonge Chimbalanga (R) face 14 years in jail ​

A court in Malawi has convicted a gay couple of gross indecency and unnatural acts.

Steven Monjeza, 26, and Tiwonge Chimbalanga, 20, were arrested in December 2009 after celebrating their engagement ahead of a wedding planned for 2010.

They have been in jail ever since and could now face 14 years in prison.

Their arrest had sparked international condemnation and a debate about homosexuality in the country.

Judge Nyakwawa Usiwa-Usiwa convicted both men of engaging in gay sex which he said was "against the order of nature".

Same-sex liaisons are frowned upon in Malawi, where homosexual acts are outlawed.

They had denied the charges and their lawyers said their constitutional rights had been violated.

But the Centre for the Development of People (Cedep) and the Centre for Human Rights and Rehabilitation (CHRR) have been urging authorities to relax the country's stance on homosexuals.

The BBC's Raphael Tenthani in Blantyre says the government is also coming under pressure from Western donors over the issue.

For a poor country, 40% of whose development budget depends on donors, that is no mean threat, he adds.

BBC News - Malawi court convicts gay couple

 

[Nyumbu-]

It reminds me of the saying: ALL animals are equal, but some are more equal than others" Ndiyo sheria zetu hizo, huwa zinaacha loopeholes.
We copy everything from Western world , but we tend to think we can't act like them: what a NONSENSE!

Kama tunataka kuwa tofauti , ni veyma tukaiga nchi za Mashariki ya Mbali; hawajakumbatia Western Culture, ndioo maana wanaweza kudumisha hizo mila zao. Leo Anglican wanakubali same sex marriage, na bado Malawi watu wanasali kwenye hayo makanisa, sasa inakuwaje kuwavictimize these poor guys?
I hope activists watafanikiwa kubatilisha hii hukumu, it is un just!

 

[Mwana wa Mungu]

It reminds me of the saying: ALL animals are equal, but some are more equal than others" Ndiyo sheria zetu hizo, huwa zinaacha loopeholes.
We copy everything from Western world , but we tend to think we can't act like them: what a NONSENSE!

Kama tunataka kuwa tofauti , ni veyma tukaiga nchi za Mashariki ya Mbali; hawajakumbatia Western Culture, ndioo maana wanaweza kudumisha hizo mila zao. Leo Anglican wanakubali same sex marriage, na bado Malawi watu wanasali kwenye hayo makanisa, sasa inakuwaje kuwavictimize these poor guys?
I hope activists watafanikiwa kubatilisha hii hukumu, it is un just!

Huu ni ujinga, kwanza wamewapa miaka michache sana, ilitakiwa wawape kifungo cha maisha au kunyongwa kabisa, hawa ndo wanaleta sodoma na gomora africa, nafurahi kwasababu hapa tz, The SOSPA (Sexual offenses special provision Act 1998), inasema, mtu atakayemruhusu mwenzie amwingilie kinyume na maumbile, au yule atakaye mwingilie mwingine kinyume na maumbile (ikijumuisha mwanaume na mwanamke pia),(unnatural offence), watapigwa miaka isiyopungua 30, au kama atakuwa amefanya hivyo kwa mtoto mdogo, ni maisha au kunyongwa..kwa wale wanasheria watanisaidia hapa kama nimekosea...

kamata wote, weka ndani maisha. bado nashangaa watu bado wanasali makanisa ya Anglican, kweli watu wanapigwa upofu...upofuuuuuu, kama msingi umeharibika, bado mnafanya nini hapo? wakubwa zenu wameruhusu upuuzi huu, na ninyi bado mko palepale mnasali kwa shetani...polen sana.

 

[kashwagala]

Du! wazee naimagine unaikamatia ngoma,ngozi ngumuuuu! makalio magumuuuuuu! mwili umejaaa nywele,sijui hata jamaa wanafaidi nini,hii haikubaliki bana!

 

[Ubungoubungo]

uchafu wa shetani, urudi kwao kuzimu.

 

[Anyisile Obheli]

ndiyo maana torati imeagiza wauwawe wafanyao hayo, maana hiyo ni laana

 

[Anyisile Obheli]

It reminds me of the saying: ALL animals are equal, but some are more equal than others" Ndiyo sheria zetu hizo, huwa zinaacha loopeholes.
We copy everything from Western world , but we tend to think we can't act like them: what a NONSENSE!

Kama tunataka kuwa tofauti , ni veyma tukaiga nchi za Mashariki ya Mbali; hawajakumbatia Western Culture, ndioo maana wanaweza kudumisha hizo mila zao. Leo Anglican wanakubali same sex marriage, na bado Malawi watu wanasali kwenye hayo makanisa, sasa inakuwaje kuwavictimize these poor guys?
I hope activists watafanikiwa kubatilisha hii hukumu, it is un just!

mkuu ni kweli lakini vua kwanza kofia yako ya udini, maana hata ulichozungumza kimekosa nguvu hasa kwa kuwa hayo si maagizo ya Mungu, tuchangie hii topiki kijamii na kiroho pia, makanisa na misikiti yanaongozwa na watu ambao wote hawajakamilika na wana mapungufu mengi sana tu
Pili huko mashariki ya mbari unakosema nako pia kuna the same uchafu kama kawaida labda kama wewe umekuwa bubu wa kuifuatilia mashariki ya mbari, kiujumla hili janga lipo mahari popote panapoishi watu, tembelea nchi kama Yemeni, Saudia kila ijumaa watu wanakatwa vichwa, wametoka westerni wale? si ni Wasaudia? nenda mitaa ya Yemeni sehemu inaitwa zanzibar utaona the same uchafu
hakuna kwenye afadhari, hivyo wewe kama hufanyi hayo ungana na mwenziyo asofanya bila anatoka dini gani kupiga vita vitendo hivi vichafu

 

[ngoshwe]

Nafikiria ni jinsi gani huyo jamaa alievaa khanga walivyomchangamkia huko gerezani ......

 

[Herbalist Dr MziziMkavu]

hayo ndiyo Mafundisho ya Mtume Paulo wangewaachia tu Waoane hata huku Ulaya baadhi ya Makanisa yameruhusu hizo ndowa za Jinsia moja kwa huku ulaya na Amerika ni kitu cha kawaida kwa huko kwetu Afrika Mashariki ni kosa kubwa sisi watu Weusi ni watu wenye kuiga Mambo ya Wazungu. Wazungu wakifanya kitu kwetu sisi tunaiga Wazungu wakitembea na mbwa na sisi huwa tunaiga basi kila anachofanya Mtu Mweupe tunaiga hata kama kikiwa kibaya kwetu sisi tunaiga sijuwi Mambo haya ya kuiga yataisha lini?kazi kweli ipo

 

[Junius]

Nahisi kichefu chefu

 

[Abunwasi]

Let us not deceive ourselves. Homosexuality has been within our societies for ages but has been kept in the cupboard as 'taboo' just like many other social ills in our cultures. While I am not condoning homosexuality but we must accept that this "ill" is within our community. For most, it is more of an illness than cult. Medically it is believed that usually a male person with higher percent of female hormones, psychologically feels like a woman and its manifestation is the way a person talks/acts like a woman and enjoys their company as one of them. Due to cultural and social taboos, these poor guys are forced to inhibit their feelings and keep them in a closet.
My view on this is that it is more of sickness than anything else [for many homosexuals] early detection [with modern hormone drugs] and counseling can minimize these defects. Unfortunately most of us don't see it that way and they end up being persecuted which tends to keep them underground and we end up shunning and despising them.

 

[Smatta]

Let us not deceive ourselves. Homosexuality has been within our societies for ages but has been kept in the cupboard as 'taboo' just like many other social ills in our cultures. While I am not condoning homosexuality but we must accept that this "ill" is within our community. For most, it is more of an illness than cult. Medically it is believed that usually a male person with higher percent of female hormones, psychologically feels like a woman and its manifestation is the way a person talks/acts like a woman and enjoys their company as one of them. Due to cultural and social taboos, these poor guys are forced to inhibit their feelings and keep them in a closet.
My view on this is that it is more of sickness than anything else [for many homosexuals] early detection [with modern hormone drugs] and counseling can minimize these defects. Unfortunately most of us don't see it that way and they end up being persecuted which tends to keep them underground and we end up shunning and despising them.

Good read.. get ready for the hate though

 

[Boflo]

Wanawaonea bure, kama kweli wanafata sheria, wawakamate mafisadi kama Bakili Muluzi na wenzake.....mtu mzima ovyo!!!!

 

[mageuzi1992]

Unajua kweli Neema ya Mungu imezidi...Ingekuwa wakati wa Agano La kweli.....Ilivyofanywa Sodoma Ingetokea hata kwetu leo. Tumshukuru Mungu alimleta mwana Ili wote wakitaka kuwa Huru wawe huru kweli kweli. Basi Mtume Paulo anatukumbusha haya '' je Neema imezidi kwenu hata Muyasahau maagizo ya Bwana!?

 

[mageuzi1992]

Mungu atuhurumie

 

[Maria Roza]

sasa huko gerezani si wataendeleza kamchezo!! hii hali inabidi tuikubali tuu japo tutapiga vita weee lakini sio rahisi kutokomeza!

 

[Jasusi]

Na huyo jamaa hapo nyuma kama anazomea vile.

 

[ngoshwe]

Washaanza kupiga kelele....

Video - Breaking News Videos from CNN.com - Malawi gay marriage controversy




DA condemns
IGLHRC and CEDEP Condemn Unjust 14-Year Sentence for Malawian Couple
05/20/2010

(Cape Town, May 20, 2010) -- The International Gay and Lesbian Human Rights Commission (IGLHRC) and the Malawi Center for the Development of People (CEDEP) are outraged by the sentence of 14 years with hard labour imposed today by a Malawian court on Tiwonge ("Tionge") Chimbalanga (20) and Steven Monjeza (26). The Magistrate's Court in Blantyre imposed the maximum sentence following the conviction of the two on May 18 for "unnatural offences" and "indecent practices between males" under Sections 153 and 156 of the Malawi Penal Code.

"This harsh sentence compounds the impact of an already unjust conviction," said Chivuli Ukwimi, IGLHRC Health and Human Rights Officer. "Its devastating effect on Steven and Tionge is just the beginning. It will endanger lives by driving at-risk communities underground, beyond the reach of programs to address HIV and AIDS."

In his ruling, Judge Nyakwawa Usiwa-Usiwa stated, "The engagement and the living together as husband and wife of the two accused persons, who are both males, transgresses the Malawian recognized standards of propriety since it does not recognize the living of a man with another as husband and wife. Both these acts were acts of gross indecency." These views were similar to those expressed by the State Prosecutor, Barbara Mchenga, who asked the court to "consider the scar this offence will leave on our morality."

Dunker Kama, Administrator of CEDEP, responded by stating, "There is nothing immoral or indecent about love. The only thing immoral or indecent is throwing innocent people in jail for more than a decade."
The harsh sentence sends a negative message to lesbian, gay, bisexual and transgender (LGBT) Malawians who already face discrimination and persecution. It is also likely to have an adverse effect on much needed efforts to address HIV and AIDS.

"The government of Malawi has double standards," said Gift Trapence, CEDEP Director. "Its own national strategic framework on HIV/AIDS includes men who have sex with men. Now, it is imprisoning them."
This case and the criminalization of homosexuality in the Malawi Penal code amount to a violation of the human rights and protections to which Malawi is ostensibly committed through its own constitution and the regional and international human rights treaties to which it is party.

IGLHRC and CEDEP will continue to support Monjeza and Chimbalanga, including an appeal of this verdict and the repeal of all laws that unjustly discriminate against LGBT Malawians. For more information about this case, see IGLHRC and CEDEP's press release and letter to President Bingu wa Mutharika (5/18/10). conviction of Malawian gay couple

Kenneth Mubu
20 May 2010


Kenneth Mubu calls on SA govt to distance itself from tragic ruling


Earlier today, two Malawian men, Steven Monjeza, 26, and Tiwonge Chimbangala, 20, were given the maximum sentence of 14 years in jail in a Blantyre court, after being convicted of performing "unnatural acts and gross indecency."

The two have been imprisoned since December 27 2009, following their arrest immediately after their engagement to each other. Their crime, according to Malawian laws, is to have expressed love for each other and for wishing to be united as partners in marriage.

While we South Africans enjoy the right to choose our sexual partners, some 38 countries on the African continent have outlawed gay and lesbian relations and transgressors face long terms in jail.
Of course, every sovereign state must enact laws to govern the conduct of their own citizens, however we believe that laws that control how individuals choose their sexual partners have no place in a 21st century Africa.
The South African government should distance itself from this tragic and wrongheaded ruling, and should attempt be actively emphasising to fellow African states the seminal importance in democratic statehood of protecting human liberties.
Indeed, one of the major tenets of the African Renaissance was the establishment, promotion and protection of human rights across the continent. South Africa should be leading the way in this regard. The African Renaissance, and all it stands for, represents this continent's future; what's happening in Malawi is a return to the past.
Statement issued by Kenneth Mubu, MP, Democratic Alliance shadow minister of international relations, May 20 2010

Malawi Gays Had No Chance

Claire Ngozo


LILONGWE, May 21 (IPS) - Rejecting the argument that the arrest and trial of Steven Monjeza and Tiwonge Chimbalanga amounted to a violation of their rights to freedom of concsience and expression as protected by Malawi's constitution, Blantyre chief resident magistrate Nyakwawa Usiwa Usiwa sentenced the two men to 14 years hard labour for "unnatural acts" and "gross indecency".

The magistrate said he was giving the gay couple the maximum sentence permitted under the country's colonial-era penal code because he wanted to protect Malawians and their children from homosexuality.

"I will give you a scaring (sic) sentence so that the public should be protected from people like you, so that we are not tempted to emulate this horrendous example."

According to the court, the two were convicted based on "their own confession" to police that they had anal sex, for living together as man and wife and for organising the traditional engagement, which under Malawian law is equivalent to a civil marriage ceremony.

"This was against the order of nature," said Usiwa Usiwa. The magistrate said he allowed the confessions in court as they were made in the presence of counsel.

"These laws are inconsistent with the constitution," defence lawyer Noel Supedi told the court during trial, arguing that there must be a constitutional review of the laws in the penal code that criminalise homosexuality.

Another member of the defence team, Mauya Msuku, requested leniency in sentencing, telling the magistrate that the couple were first offenders who had already been punished. But state prosecutor Barbra Mchenga argued that the two have left a "scar on morality" in the country and deserved to be punished heavily as they seemed to be proud of being gay.

Sentenced in line with prejudice

Undule Mwakasungula, a leading human rights activist in Malawi, told IPS that the couple had been "condemned and prejudged at the highest level" long before the court made its ruling. He described the sentence as "something sad but to be expected".

The minister of information, Leckford Mwanza Thotho, declared to local media immediately following the couple's arrest in December that they had broken the law.

"Our laws are very clear. We do not tolerate homosexuality in this country and these two have to undergo court process and be brought to book," Thotho said.

Following their conviction on May 18, he said, "The court ruling reflects our tradition in Malawi. Every country has its traditions which should be upheld at all times. The court has shown that we are not losing our tradition beliefs," he said.

Malawi's president, Bingu wa Mutharika, had also condemned the couple before their conviction.

"A man getting married to a fellow man is evil and bad before the eyes of God. There are certain things we Malawians just don't do," Mutharika told a gathering of Christians at the consecration of a new Catholic bishop on Apr. 24.

"Please, pray for the country to go back to the good old days," Mutharika asked the faithful.

Where is the Constitution?

Yet article 20 of Malawi's Constitution, the supreme law of the land which Mutharika is sworn to uphold, states that "discrimination of persons in any form is prohibited and all persons are, under any law, 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".

Chapter four of the constitution also demands that human rights and freedoms shall be respected and upheld by the executive - the president and his cabinet, the legislature and the judiciary and all organs of the government.

Gift Trapence is the executive director of the Centre for the Development of People (CEDEP), a civil society group that works to promote a legal and social environment for groups including gays and lesbians in Malawi.

"I feel the people involved in this matter are not getting the justice they deserve. Where are people's human rights?"

International condemnation continues

The U.S. and UK governments, Malawi's biggest sources of donor aid, have issued stern statements against the harsh jail sentences, calling on Malawi to take all the necessary measures to ensure that sexual orientation or gender identity should not be the basis for criminal prosecution, in particular executions, arrests or detention.

A joint statement against the sentence was also issued by the AIDS and Rights Alliance for Southern Africa, Southern Africa Litigation Centre, CEDEP and the Centre for Human Rights and Rehabilitation.

"We are seeing a troubling trend throughout Africa of authorities using homosexuality as a political weapon to stifle dissent. The attacks on homosexuality from political leaders are less about personal values and more about politics and power," said Priti Patel, programme manager at the Southern Africa Litigation Centre (SALC).

Michaela Clayton, director of the Namibian-based AIDS and Rights Alliance for Southern Africa (ARASA), described what the conviction and sentencing of Chimbalanga and Monjeza as "an abhorrent violation of their human rights".

"Governments do not get to choose who may enjoy human rights and who may not," she said.

"Every human being, regardless of sexual orientation is entitled to the right to liberty, human dignity, freedom, security and to be free from discrimination on all grounds."

(END/2010) Malawi Gays Had No Chance


Malawi Gay Couple Guilty of 'Indecency'


A Judge in Malawi Found Couple Guilty of 'Unnatural Acts And Gross Indecency'



A judge in Malawi has found a gay couple guilty of unnatural acts and gross indecency. Steven Monjeza, 26, and Tiwonge Chimbalanga, 20, were arrested last December after holding a traditional engagement ceremony. The two have remained in prison since the arrest, and could be sentenced to up to 14 years in prison.

Steven Monjeza (L) and Tiwonge Chimbalanga appear before a magistrate court in Blantyre January 4,...
Steven Monjeza (L) and Tiwonge Chimbalanga appear before a magistrate court in Blantyre January 4, 2010. Steven Monjeza, 26, and Tiwonge Chimbalanga, 20, were found guilty Tuesday of unnatural acts and gross indecency after a trial that drew worldwide condemnation of this southern African country's colonial-era laws on homosexuality.
(Eldson Chagara/Reuters)

The case has drawn international condemnation of anti-homosexuality laws in Malawi. Sixty-five members of the British Parliament have signed a motion condemning the prosecution and the international human rights group Amnesty International adopted the couple as prisoners of conscience.
"This is an outrageous verdict. There was no evidence to justify it. Steven and Tiwonge freely confirmed their love for each other, but the prosecution has entered no credible evidence that they had committed any sexual acts," Peter Tatchell, spokesperson for the London-based gay human rights group OutRage!, told ABC News.
Malawi Gay Couple Guilty of 'Indecency' - ABC News
20 May 2010

White House, Madonna Condemn Sentence of Gay Malawi Couple


The international community is swiftly responding to the outrageous 14 year sentence imposed upon Steven Monjeza and Tiwonge Chimbalanga, the gay Malawi couple convicted of "gross indecency and unnatural acts." Their crime? Holding a public engagement ceremony in December.
Madonna, who has adopted two children from Malawi and is building a school in the southern Africa nation, has finally addressed this human rights fiasco. The statement:
"I am shocked and saddened by the decision made today by the Malawian court, which sentenced two innocent men to prison. As a matter of principle, I believe in equal rights for all people, no matter what their gender, race, color, religion, or sexual orientation. Today, Malawi took a giant step backward. The world is filled with pain and suffering; therefore, we must support our basic human right to love and be loved. I call upon the progressive men and women of Malawi-and around the world-to challenge this decision in the name of human dignity and equal rights for all."
The White House has also strongly denounced the conviction and sentencing. The statement by Press Secretary Robert Gibbs:
"The United States strongly condemns the conviction and harsh sentencing of Steven Monjeza and Tiwonge Chimbalanga in Malawi. The criminalization of sexual orientation and gender identity is unconscionable, and this case mars the human rights record of Malawi. We urge Malawi and all countries to stop using sexual orientation or gender identity as the basis for arrest, detention, or execution."

On Tuesday, the State Department criticized the human rights travesty. Assistant Secretary of State Philip Crowley made an even stronger condemnation today. "The United States is appalled by today's sentencing," Crowley told reporters. "We view the criminalization of sexual orientation and gender identity as a step backward.
No word yet if the conviction have any bearing on the State Department's $115 million annual foreign aid budget to Malawi.
http://rodonline.typepad.com/rodonl...y-condemns-sentence-of-malawi-gay-couple.html

 

[Boflo]

sasa huko gerezani si wataendeleza kamchezo!! hii hali inabidi tuikubali tuu japo tutapiga vita weee lakini sio rahisi kutokomeza!

.......well said

 

[Abdulhalim]

Dawa ya kansa ni chemotherapy.Period.