blogger’s note: in this countdown to the ‘official’ (biggest) pan-afrikan holiday, we’re going to not only (re)vision where we’re coming from, giving thanx for the legacies en sacrifices of our ancestors, our people, en the future we’re preparing for,

but also, interrogate where we’re at NOW, like with-in (myself) en OUT, communally with all the gaps and dis-unity, (en ALL  the intersections, betwixt en between)

(like) dis’ hadithi ya the prosecution and imprisonment of steven monjeza na tiwonge chimbalanga is (pure) madness,

a ‘living’ example of the convoluted ways that we have internalised ‘foreign’ ideologies en  turned to attacking en criminalizing bredrin en sistren for misguided en oppressive reasons,

like it’s all a part of the master plan?

forgive them father, they know not what they do kinda song?

nigga(s) please, let’s jus’ stop hating (ourselves en) on each other!

if it were all that simple to reclaim love for ourselves with the preach en human rights speech no?

with papa malcolm’s anniversary jus’ one day gone, and ALD just 4 days away, (more than a few) big symbols of  all the labour that has gone into the freedom we DO  have,all the more reason to give thanx for en share stories of peace, and (of) the people willing to fight for it, by any means necessary!  afrika huru! ase o….

21 May 2010

UN human rights chief says sentence on Malawi gay couple is discriminatory and sets dangerous precedent

GENEVA – The UN High Commissioner for Human Rights Navi Pillay said Friday that the prosecution and sentencing of 14 years imprisonment with hard labour for a Malawian gay couple, imposed by a court in Malawi on Thursday, is “blatantly discriminatory” and sets an alarming precedent in the region for the treatment of lesbian, gay, bisexual and transgender people, as well as groups that support them.

“I am shocked and dismayed by the sentence and reports of the treatment of Steven Monjeza and Tiwonge Chimbalanga while in detention,” Pillay said. “The law which enabled the conviction dates back to the colonial era and has lain dormant for a number of years – rightly so, because it is discriminatory and has the effect of criminalizing and stigmatizing people based on perceptions of their identity. If this was replicated worldwide, we would be talking about the widespread criminalization of millions of people in consensual relationships and the rampant violation of privacy.”  

 “Laws that criminalize people on the basis of their sexual orientation are by their nature discriminatory, and as such are in apparent violation of a number of key international treaties and instruments, including the African Charter on Human and People’s Rights*,” Pillay said “Unfortunately they still exist in quite a number of countries across the world. The trend should be towards getting rid of them, as is the case with other forms of discrimination. Instead, some countries, including Malawi, seem to be heading in the opposite direction.”

 The High Commissioner called for the conviction to be repealed and for the penal codes criminalizing homosexuality to be reformed.

 She said she was also concerned that this case appears to have stimulated a marked deterioration in official and public attitudes in Malawi, not just towards individuals perceived as being homosexual but also towards organizations that speak out about sexual orientation and related issues, including ones doing vital work to mitigate the impact of HIV/AIDS.  

 

“I fear the reverberations of this decision, along with the recent attempt to bring in a new draconian bill aimed at homosexuals in Uganda, could have severe repercussions throughout the African continent,” Pillay said. “It will inevitably drive same-sex couples underground, and if this trend continues and spreads, not only will it mark a major setback to civil liberties, it could have a disastrous effect on the fight against HIV/AIDS. So, in addition to the serious moral and legal ramifications of this decision, it raises intensely practical problems as well.”    

The High Commissioner dismissed the argument that non-discrimination against people on the grounds of sexual orientation is a cultural issue. “It is a question of fundamental rights,” she said, “not one of geography, history or disparate cultures. The protection of individuals against discrimination is pervasive in international human rights law. Why should it be suspended for this one group of human beings?”

(*) 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 19:All peoples shall be equal; they shall enjoy the same respect and shall have the same rights. Nothing shall justify the domination of a people by another.

Learn more about the UN High Commissioner for Human Rights, Navi Pillay: http://www.ohchr.org/EN/AboutUs/Pages/HighCommissioner.aspx

Click here to visit OHCHR website: http://www.ohchr.org

OHCHR Country Page – Malawi: http://www.ohchr.org/EN/Countries/AfricaRegion/Pages/MWIndex.aspx

For more information or interviews contact: Rupert Colville at + 41 22 917 9767