LGBT rights in Malawi

LGBT rights in Malawi
StatusIllegal since 1891 (as British Central Africa Protectorate)[1]
Penalty
  • Up to 14 years imprisonment, with or without corporal punishment for men;
  • Up to 5 years imprisonment for women (rarely enforced, repeal proposed)
Gender identityNo
MilitaryNo
Discrimination protectionsNo
Family rights
Recognition of relationshipsNo recognition of same-sex unions
AdoptionNo

Lesbian, gay, bisexual, and transgender (LGBT) people in Malawi face legal challenges not experienced by non-LGBT residents. Both male and female expressions of same-sex sexual activity are illegal within the nation. The Penal Code prohibits "carnal knowledge against the order of nature", attempts to commit "carnal knowledge against the order of nature", and acts of "gross indecency".

In late December 2009, a trans woman, Tiwonge Chimbalanga, and a man, Steven Monjeza, were arrested after holding a traditional "engagement" party. On 18 May 2010, they were found guilty of having committed "unnatural offenses" and "indecent practices between males".[2][3][4] On 29 May 2010, then President Bingu wa Mutharika pardoned both individuals.[5]

On 26 June 2021, the country's first ever Pride parade was held in Lilongwe, organised by the Nyasa Rainbow Alliance, with the 50+ attendees delivering a petition to the city's officials demanding marriage equality and better access to healthcare for LGBT people.[6][7][8]

  1. ^ "Where is it illegal to be gay?". BBC News. 10 February 2014.
  2. ^ "Malawi gay couple to face court". 29 December 2009. Retrieved 10 July 2019.
  3. ^ "Malawi gay couple found guilty of unnatural acts and gross indecency". PinkNews. 18 May 2010. Retrieved 10 July 2019.
  4. ^ "Malawi court convicts gay couple". 18 May 2010. Retrieved 10 July 2019.
  5. ^ "Malawi pardons jailed gay couple". 29 May 2010. Retrieved 10 July 2019.
  6. ^ Milton, Josh (28 June 2021). "First-ever Malawi Pride sees brave activists deliver demands to the president". Archived from the original on 29 June 2021.
  7. ^ Pensulo, Charles (28 June 2021). "Malawi's LBGTQ+ community celebrates first Pride parade". TheGuardian.com. Archived from the original on 29 June 2021.
  8. ^ Mokoena, Sibu M. (26 June 2021). "Breaking: Malawi holds first Gay pride parade". Archived from the original on 29 June 2021.

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