A CNN article titled “Detained gay couple to face trial in Malawi” was recently published. It states that “Steven Monjeza and Tiwonge Chimbalanga [who now face 14 years in prison] were arrested in December at their home in Blantyre, Malawi, for professing love and marriage in the traditional way…The two men stand accused of ‘unnatural offenses’ and ‘indecent practices between males’ under sections 153 and 156 of Malawi’s criminal code” (CNN). Following their arrest, the men were denied bail, mistreated, given psychiatric evaluations, and examined for evidence of sodomy against their will (CNN). Noel Supedi, one of the couple’s lawyers, states that the medical examination is “a humiliating invasion of their privacy” and an “infringe[ment] of their rights” (Guardian News).
Monjeza and Chimbalanga were ironically cuffed together before their court hearing last week.
At the center of this trial is the legal conflict in Malawi. According to national law, homosexuality is illegal; however, according to section 20 of the national constitution, all citizens are equal and discrimination is prohibited (CNN). The decision on this case will set a precedent for other African nations regarding gay laws and rights.
My experience in Africa with the general mindset toward homosexuality emphasizes the complexity of the issue. If discovered, homosexuals in Uganda are beaten, and often killed, simply because of their sexual orientation. The complications accompanying this conflict are not only legal, as this case is unprecedented, but political, as reelection may yet play a part in the decision; social, and thus mortal, as the lives of homosexuals are currently threatened; and health-related, as gay sex is a major factor in the spread of HIV/AIDS.
As such, the verdict in this case holds great significance for Malawi and for Africa. What, in your opinion, is the Malawian government’s obligation? Should it protect the moral rights of society and maintain the illegality of homosexual activity, or should it protect individual rights and legalize gay marriage? Keep in mind cultural biases.
Health Issues in Africa 
Thank you for spreading awareness of this issue. It is sobering that social attitudes can have huge consequences for the lives of individuals.
This is truly a difficult situation; AIDS is so rampant in Africa that allowing free practice of homosexuality could hugely multiply the already enormous problems they are having. On the other hand, is it “moral” to NOT allow a choice?
What a painful dilemma for these countries, and these individuals. I am not for gay marriage, but I am certainly against persecution. I can see the sadness on the face of the men in this case.
Well, it seems like persecution will never end. It seems like even if homosexuality were to be accepted, something else would be found in order to hurt people. We live in a pretty disgusting world.
To me, I feel like the governments obligation is to protect the people of their country. Abuse is never acceptable, especially just because of someones sexual orientation.
That is a hard question and keeping in mind the “cultural biases” and AIDS and how fast it is spreading… There is so much to do!