Malawi: President announces intention to repeal laws criminalising homosexuality
Amnesty International welcomes President Joyce Banda’s announcement in Parliament on Friday to repeal laws criminalising homosexuality in Malawi, but urges the government to introduce the bill to repeal the laws without delay.
In her maiden State of the Nation Address since assuming office, President Banda announced that her government will repeal the “provisions regarding indecent practices and unnatural acts contained in sections 137A and 153-156 of the Penal Code.”
Amnesty International welcomes this development and hopes that this landmark decision will lead to an end to discrimination and persecution based on real or perceived sexual orientation and gender identity in Malawi.
The government should immediately introduce the bill to repeal the provisions in Sections 137A, 153 and 156 in the Penal Code.
Section 137A of the Penal Code criminalises “indecent practices between females,” provides that any female person who, whether in public or private, commits “any act of gross indecency with another female” shall be guilty of an offence and liable to a prison term of five years. Sections 153 and 156 criminalize same sex sexual conduct between men and those convicted face up to 14 years imprisonment.
In 2010, two persons were sentenced to 14 years imprisonment on charges related to same sex sexual conduct. They were later pardoned following international condemnation.




Comments
Lachlan, Amnesty International Australia. | Posted on 31 May 2012, 05:30PM | Report comment
Hey Tom,
You’re right that the two are seperate and should not be confused.
Amnesty International is against the criminalisation of consensual same-sex relations. We call for the decriminalisation of homosexuality where such legislation remains. This entails reviewing all legislation which could result in the discrimination, prosecution and punishment of people solely for their sexual orientation or gender identity.
This includes “sodomy” laws or similar provisions outlawing sexual conduct between people of same-sex or transgender individuals; discriminatory age-of-consent legislation; public order legislation used as a pretext for prosecuting and punishing people solely for their sexual orientation or gender identity; and laws banning the “promotion” of homosexuality which can be used to imprison lesbian, gay, bisexual, same-sex practicing and transgender individuals and human rights defenders. All such laws should be repealed or amended.
Amnesty International is also against forced sexual relations.
Regards,
- Lachlan, Amnesty International Australia
Tom Usher | Posted on 29 May 2012, 05:25PM | Report comment
Is Amnesty International’s official position being against coercion in matters sexual, or is it that males sodomizing each other is not wrong?
The two issues are different, and I never see anyone being clear on the two at the same time but rather avoiding the latter (with the exception of extreme homosexual activist who, while initially avoiding the subject of sodomy, when pressed on the issue, usually resort to twisting the subject and name calling.
I would prefer finally receiving an intellectually honest answer rather than being called a whole host of untrue names and things.
I await Amnesty International’s official response.
Michael Wild | Posted on 23 May 2012, 08:26PM | Report comment
I’ve read on this site statements about Obama taking a “courageous” stance on stating he believed in legalizing gay marriage. Given the political realities of the US it wasn’t particularly hard. A democratically elected President of an African nation standing up for gays-now THAT is courageous. If she pulls this off I recon she’s definitely in line for nomination for an award. I do hope she doesn’t pay a high price for this.