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Malawi's Anti-Gay Laws Under Review, May Be Suspended

Malawi Gay

By RAPHAEL TENTHANI   11/08/12 10:56 AM ET EST  AP

BLANTYRE, Malawi -- Going against a trend in Africa, Malawi's government is moving to suspend laws against homosexuality and has ordered police not to arrest people for same-sex acts until the anti-gay laws are reviewed by parliament.

Human Rights Watch called the decision "courageous" and said it should inspire other countries that criminalize homosexuality.

Justice Minister Ralph Kasambara last week told a public debate on minority rights that the police have been ordered not to arrest anyone suspected of engaging in homosexuality. Anyone convicted under Malawi's anti-gay laws, some of the toughest in the world, can get up to 14 years in jail with hard labor. Kasambara said parliament will soon discuss the laws.

In May, President Joyce Banda announced that she wants to repeal Malawi's laws against homosexual acts, going against a trend in a continent in which gays are being increasingly singled out for prosecution. Traditionalists and religious leaders condemned her, saying she was trying to please Western donor nations. They argued that homosexuality is alien to Malawi's cultural and religious values.

Kasambara said the suspension of arrests was ordered because "if we continue arresting and prosecuting people based on the said laws and later such laws are found to be unconstitutional it would be an embarrassment to government."

Human Rights Watch said Wednesday that arresting people for consensual same-sex conduct violates international human rights standards and constitutional guarantees of equality in many countries.

"Malawi has taken a bold step forward, putting respect for its own constitutional guarantees of equality front and center," said Tiseke Kasambala, a Malawian who is the Africa advocacy director at Human Rights Watch. "Malawi's decision has given hope to thousands who risk prison sentences under such laws."

Amnesty International also praised Malawi for the "historic step in the fight against discrimination in the country".

At least 76 countries, 38 of them in Africa, have criminalized consensual same-sex conduct, according to Human Rights Watch.

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FOLLOW HUFFPOST GAY VOICES

BLANTYRE, Malawi -- Going against a trend in Africa, Malawi's government is moving to suspend laws against homosexuality and has ordered police not to arrest people for same-sex acts until the anti-ga...
BLANTYRE, Malawi -- Going against a trend in Africa, Malawi's government is moving to suspend laws against homosexuality and has ordered police not to arrest people for same-sex acts until the anti-ga...
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racmd
Just riding the wave of life
4 hours ago (10:50 AM)
When the world wakes up and realizes that the religious leaders of America and the Vatican are nothing but international terrorists going to the nations of Africa to ensure the hate laws are passed...Malawi is taking one heck of a valient step forward for equality. The fears fanned by people like Sheldon, Sears/Osten, Fischer, Phelps, and Benedict do nothing for the people of these decadently poor nations. It tears families in half...destroys lives..and murders innocent victims of victimless crimes.
The US should forbid these terrorists from fanning the fires of hate..This is not religious freedom this is blantant hatred from the Chair of Peter to the rednecks of America...these people should be treated as they are...terrorists.
This user has chosen to opt out of the Badges program
17 hours ago (10:23 PM)
Nice photo. lol
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HUFFPOST SUPER USER
Sven Storm
Edit your micro-biology.
04:30 AM on 11/10/2012
It's lip-service for the International community. Violent homophobia is endemic and supported by religious institions as well as the wider political spectrum who covertly encourage it.
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racmd
Just riding the wave of life
4 hours ago (10:46 AM)
The religious institutions based and financed from the US. The American groups are nothing but international terrorists and the government of the US refuses to review this material with an open mind... The money comes from people like Sheldon who have many "churches" that support the terrorist work of people in Africa. People like Fischer, Sears/Osten, Benedict often do this behind the scenes...openly condemning LGBT individuals and siding with the evil of those who would have us executed. The lies told to the floundering governments of Africa by these religious fantatics is only exceeded by the amount of money their religious groups promise the governments..another lie. Then the terrorists retreat to America or the Vatican and sit quietly as nations tear themselves apart.
06:20 PM on 11/09/2012
With all of the reports about anti-gay legislation in Africa, this is certainly good news!
05:30 PM on 11/09/2012
That is in reference to the slide show.
05:29 PM on 11/09/2012
Where's Virginia? I was at the VA Pride in September. I took pictures and everything. Others did.
03:44 PM on 11/09/2012
This is great news. I hope attitudes will continue to change there.
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HUFFPOST BLOGGER
Soul Dancer
learn, laugh, love, repeat . . .
12:22 PM on 11/09/2012
Equality is much like breathing. Got to have / do it to live a healthy, happy life.
12:11 PM on 11/09/2012
Hey it's their country lefties, you do what you want here. Not there, there you go to prison.
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racmd
Just riding the wave of life
4 hours ago (10:54 AM)
You go to prison because of the terrorist actions of Americans in these decadently poor nations. Fueled by money from America through the like of Sheldon, Sears/Osten, Fischer, Phelps and many more. The abiliity of Benedict with his army of cardinals to challenge freedoms in poor nations to "save their souls" places people at risk of termination because of victimless crimes.
You need to do some reading before you spout your ignorance.