This is an interesting development…
Mr wa Mutharika had been under international pressure to reconsider the convictions of Steven Monjeza, 26, and Tiwonge Chimbalanga, 20. They were arrested in December after they were united in a traditional wedding ceremony in the conservative southern African country, where homosexuality is illegal.
The two men were tried and found guilty of sodomy and indecency earlier this month in a trial viewed as a test case for homosexual rights in the country.
Mr Ban, who was due to address the National Assembly later, is expected to ask the legislators to change the laws on homosexuality.
His decision will be seen as a victory by campaigners who had challenged the conviction and length of the sentence.
Ban Ki-moon, the United Nations Secretary General, met the Malawian president on Saturday in the capital Lilongwe.
“However, as the head of state I hereby pardon them and therefore ask for their immediate release with no conditions.”
He added: “I have done this on humanitarian grounds but this does not mean that I support this.”
UPDATE: The State Dept issued a statement today:
Secretary of State
I join President Obama in applauding President Bingu wa Mutharika for his wise and courageous decision to pardon Tiwonge Chimbalanga and Steven Monjeza. He has provided an example for nations across Africa and the world as they debate laws that criminalize sexual orientation.
Human rights belong to all, and must be respected by all. Sexual orientation and gender identity should under no circumstances be the basis for criminal penalties, in particular executions, arrests or detention.
This is a good day for Malawi, for Africa, and for people of conscience everywhere.
Eddy – yes, and it’s important too. Because if we ever lose sight of the fact that we’re talking about real people here, not symbols for any particular cause, we’ve lost the plot.
Maazi – my fault – I meant to write one thing, but wrote another. As regards “Malawi authorities” conducting inspections – I have just as little confidence in them as I do any non-specialist in the area.
e.g. In 1985, I was diagnosed based on examinations at a specialist Fertiliy Clinic using the best technology of the time as a mildly intersexed male; apparently with Undervirilised Fertile Male Syndrome, a form of Partial Androgen Insensitivity.
In 2005, because of the extreme changes in my body, I was given an exam using 21st century technology, with apparatus not available in 1985 – nor in most places in the world even today. PCR and FISH tests of the genotype, MRI scans with and without radiocative dye, multiple hi-definition ultrasound examinations of abdomen and genitalia. Some of the tests took several months to complete, and cost many tens of thousands of dollars.
And the diagnosis was changed to “severe androgenisation of a non-pregnant woman.”
I’ve been called on by professors of medicine to lecture on the subject, so I know just how little is taught to non-specialist medics in this area.
Zoe, Perhaps you already know this since the story broke yesterday.
Tiwonge and Steven both appeared publicly for the first time since their release on Wednesday. Tiwonge had ‘taken a breather’, presumably from the media attention, and that explains why Tiwonge had not been seen since release.
BTW, the language spoken in Malawi is Chichewa not “Chimbalanga language” as you claim. I am quite amused by the petty squabbles amongst western supporters of sexual depravity—along the lines of whether one of the MALE Malawian convicts identifies as a man or a woman !!! This matter is a no brainer which was settled when the Malawian authorities inspected these chaps to ascertain their sexes and it was found that both were complete men, hence their trial under the law for trying to procure gay marriage.
Zoe Brain,
Intersex condition is a congenital issue. We Africans have no problem with people who are born with vaguely defined private parts such as that of the elegant Caster Semanya. We are aware that it is not her fault. In some cases, surgery have been used to correct this congenital problem.
On the other hand, practitioners of western debauchery—gay sex lovers and transverstites—voluntarily violate our laws and traditions and must therefore must be made to face the penal code.
Tiwonge Chalambanga was last seen alive at 9pm after her release.
Maazi – please could you answer a question for me?
Tiwonge – is that a male name or a female one?
Yes, I realise that the Chimbalanga language is probably not your strong suite, any more than Ukrainian is mine. But you speak for “Africa”.
And did the prison have problems with this person because of the monthly menstrual flow via the urinary tract – as happens with some cases of Intersex?
Right now it’s not certain whether this person is 46XX (usually female) chromosomed with Congenital Adrenal Hyperplasia – so has masculinised genitalia – or has Persistant Mullerian Duct Syndrome, a true hermaphrodite.
It’s likely that one or the other is true.
It has been convenient for both Gay Activists and Anti-Gay activists to ignore the biological uncertainty here. Your thoughts on an “African” attitude to Intersex? Say, Caster Semanya’s case?
I suspect, in his playbook, ‘humanitarian grounds’ simply means ‘a concession to foreign NGO’s’.
Evidently, he doesn’t know of the meaning or essence of being humanitarian.
Are you saying that the Ugandan constitution guarantees of free speech on any issue do not extend to gay persons? Uganda truly would not be a free country then.
Mr. Gay Uganda,
If you say you are African then act like one. BTW, poor Malawi was brave to defy Western blackmail and prosecute those guys for breaking the law and getting a solid conviction in the end. President Bingu also exercised his right to pardon and I think he is right. For first time offenders, applying the maximum penalty was probably too harsh. In the final analysis, the vast majority of Malawians who are law-abiding won by re-affirming their belief in their constitution.
Never you think that Uganda will be a cake walk and that your allies in the West would be able to save you if you pull the same foolish stunt as those misguided Malawian chaps. Anyway, I am sure if you keep your head down, you will be alright. But giving into temptation to do hanky-panky such as public gay advocacy or open celebration of gay engagement/marriage will most likely land you in trouble and would not bring you any closer to decriminalizing sexual depravity.
For evil to thrive, those who are good must maintain their silence.
Am paraphrasing…. Seems like those who are quickest to throw the stones are also the quickest to condemn, or support the unsupportable.
Manzi, of course the pressure on poor Malawi was huge…., but playing the old ‘colonialism’, ‘imperialism’ etc card blinds you to the fact that you are indeed ignorant.
So, poor Malawi saw fit to imprison two men because they saw fit to commit to each other. Instead of making a mountain out of this bump, Malawi, as a sovereign nation should have yawned and looked the other side. What they did was to put on a pedestal their ignorance and fawn over it, in the name of ‘national sovereignty’.
Funny. I am african. But that kind of blind ‘nationalism’ just does not make me feel proud of being African.
Given the financial and economic weaknesses of the Malawian State, I was pleasantly surprised that its government in the face of pernicious Western blackmail was willing to pursue this 6-month long case to its logical conclusion if only to make the point that gayism was unacceptable in African culture. It remains to be seen what will happen when these pardoned convicts rejoin the larger society. Ban Ki Moon’s call for homosexuality to be decriminalized will be politely ignored.
Given the financial and economic weaknesses of the Malawian State, I was pleasantly surprised that its government was willing to pursue this case to its logical conclusion if only to make the point that gayism was unacceptable in African culture. It remains to be seen what will happen when these pardoned convicts rejoin the larger society.