Malawi’s Constitutional Court declines to legalize same-sex relationships
Human rights organizations in Malawi have criticized the country’s Constitutional Court over its June 28 ruling that declined to legalize same-sex relationships.
Wim Akster, a Dutch national, and Jana Gonani, a local transgender woman, through their lawyers last year approached the Constitutional Court over the legalization of consensual same-sex relations under the penal code, which criminalizes so-called acts of “carnal knowledge against the order of nature and gross indecency” with a maximum penalty of 14 years in prison with corporal punishment for both men and women.
The Constitutional Court heard the case and issued its ruling on June 28. “We echo the concern voiced regarding the recent Malawi Constitutional Court ruling on consensual same-sex sexual conduct,” said U.N.
Human Rights Southern Africa. “We urge the government to protect and stand up for the human rights of vulnerable groups, including LGBTQ+ persons, by ensuring domestic laws align with international obligations.” Khanyo Farise, Amnesty International’s deputy regional director for East and Southern Africa, described the ruling as a bitter setback for human rights in Malawi. “The court’s decision to keep these discriminatory laws on the books is a bitter setback for human rights in Malawi.
