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A judge in Malawi has imposed a maximum sentence of 14 years in prison with hard labour on a gay couple convicted of gross indecency and unnatural acts.

The judge said he wanted to protect the public from “people like you”. Steven Monjeza, 26, and Tiwonge Chimbalanga, 20, have been in jail since they were arrested in December after holding an engagement ceremony.

The case has sparked international condemnation and a debate about homosexuality in the country.

The British government, Malawi’s largest donor, expressed its “dismay” at the sentences, but has not withdrawn aid.

‘Horrendous example’

The US state department, meanwhile, said the case was “a step backwards in the protection of human rights in Malawi”.

Handing down sentence in the commercial capital, Blantyre, Judge Nyakwawa Usiwa-Usiwa told the pair: “I will give you a scaring sentence so that the public be protected from people like you, so that we are not tempted to emulate this horrendous example.”

The judge said the pair – whom he convicted on Tuesday – had shown no remorse.

“We are sitting here to represent the Malawi society, which I do not believe is ready at this point in time to see its sons getting married to other sons or conducting engagement ceremonies,” said the judge.

The BBC’s Raphael Tenthani in Blantyre says Monjeza, who is unemployed, broke down in tears while Chimbalanga remained calm.

“I am not worried,” Chimbalanga, a hotel janitor, told reporters as he was led away.

Defence lawyer Mauya Msuku told the BBC that they would appeal.

The courtroom was packed, and hundreds of people gathered outside the building. Some shouted abuse as the couple were taken back to jail.

There were shouts of “You got what you deserve!” and “Fourteen years is not enough, they should get 50!”

Mr Msuku had argued for a lighter sentence, pointing out that the pair’s actions had not victimised anyone.

“Here are two consenting adults doing their thing in private. Nobody will be threatened or offended if they are released into society,” he said on Tuesday.

‘Prisoners of conscience’

Gift Trapence, from the Centre for Development of People (Cedep), a human rights group, described it as a sad day for Malawi.

“How can they get 14 years simply for loving one another?” he asked. “Even if they are jailed for 20 years you can’t change their sexuality.

Michelle Kagari, deputy Africa director of Amnesty International, called the sentence “an outrage”, reports the AP news agency.

She described the pair as “prisoners of conscience” and said Amnesty would continue to campaign for them to be freed.

UK gay rights campaigner Peter Tatchell pointed out that the laws under which the pair were convicted were introduced during British colonial rule.

“These laws are a foreign imposition. They are not African,” he said.

He described the sentence as “brutal” and more severe than for rapists, armed robbers and killers.

The men had denied the charges and their lawyers said their constitutional rights had been violated.

Cedep and the Centre for Human Rights and Rehabilitation (CHRR) have been urging Malawi’s authorities to relax the country’s stance on homosexuals.

Our reporter says the government has come under pressure from Western donors over the issue.

http://www.mask.org.za/?p=537

May 20, 2010 conviction of two men in Malawi for exercising their basic right to express their sexuality as they wish is both shocking and disturbing.

Tiwonge Chimbalanga and Steven Monjeza face 14 years in jail simply because they have come out in a country which views homosexuality as a crime.

The government of Malawi has signed up to international treaties on human rights. Indeed the country’s constitution explicitly prohibits discrimination against any of its citizens.

It is a fundamental tenet of my beliefs – and those of the UK government – that those basic human rights should apply to everyone regardless of their sexual orientation.

Human rights underpin our relationship with Malawi as with many other countries. But we must be wary of calls to use aid money as a political weapon.

Malawi is one of the poorest countries in the world. Around 40 per cent of its people live on less than 34 pence a day. They face a challenge just to survive and we have a moral obligation to help them in their daily battle against hunger, disease and despair.

Our aid programme is worth almost £80 million this year and it is aimed directly at helping those most in need.

We cannot make them victims along with Mr Chimbalanga and Mr Monjeza.

But that does not mean we will sit idly by. The UK has clearly demonstrated its commitment to promoting basic rights in Malawi through programmes which aim to end violence against women, to deliver fair access to HIV treatment and to encourage better parliamentary scrutiny to allow the people to hold their Government to account.

We, along with our major international partners, will make urgent representations to the government of Malawi to review its laws to ensure that it meets its commitments to human rights.

And we will have this unjust and harsh conviction at the forefront of our minds when we negotiate the way we deliver our aid in future.

We cannot and will not let down the poor of Malawi – for too many of them international aid is a matter of life or death – but we do expect their government to face up to its international and domestic obligations.

Malawi has made significant progress in the field of human rights in recent years but this case shows it still has a long way to go to match words with deeds.

Alan Duncan MP is the minister for international development

http://www.pinknews.co.uk/2010/05/20/exclusive-malawi-gay-conviction-is-shocking-but-we-cannot-stop-aid/

08 October 2009: LGBTI activists and human rights defenders have spoken against homophobic attacks by Zehir Omar, amongst others, aimed at High Court Judge Kathy Satchwell doubting her competence to be a Constitutional Court Judge because of her sexual orientation.

In his complaint Zehir Omar, lawyer for the Society for the Protection of the Constitution told the Judicial Services Commission (JSC) that “learned Judge Satchwell’s unconventional lifestyle is not something that the majority of South Africans can relate to, the majority of South Africans are God-fearing and will not be able to identify with the learned judge since there is no religion that condones homosexuality.”

“Such an attack fuels bigotry and promotes unfair discrimination against gay and lesbian people, we do not support any argument that attempt to disqualify our colleagues who are gay or lesbian from holding public office, including that of being a judge in any of our courts”, reads the Public Statement on Sexual Orientation and the Constitution.
The Public Statement which largely condemns Omar’s remarks outlines that, the cornerstone of our society and that of every major religion to treat every other person with human dignity.

“We note with deep regret and concern the attack made against the renowned human rights and struggle lawyer on the grounds of her sexual orientation”, the statement continues.
Meanwhile the South African constitution prohibits unfair discrimination on the grounds of sexual orientation.
Judge Satchwell, was nominated for one of the four vacant positions at the Constitutional Court by the Black Sash, Wits Law Clinic, People Opposing Women Abuse, advocate Marisa Mathebula, advocate Zinhle Buthelezi and attorney Ronald Bobroff.

The public statement also appeals to Law Societies, legal practitioners and the general public to ensure that values and protections provided in the constitution are observed and “not eroded by bigotry against gay and lesbian people.”

The Sunday Independent reported on 28 August 2009, that Human Rights Commission head Jody Kollapen slammed Omar for his “deeply offensive comments about Satchwell’s sexuality.” and also questioned which constitution Omar’s society was claiming to protect.

“These types of complaints undermine the very spirit of our constitution”, said Kollapen.

Kollapen pointed out that “many gay and lesbian people fought in the anti-apartheid struggle, saying that these members of the gay community are no longer good enough to serve in our democratic society is a shocking double standard.”

Signatories of the joint public statement include, Phumi Mtetwa of the Lesbian and Gay Equality Project, Forum for the Empowerment of Women (FEW), Jewish OutLook, Anthony Manion, Gala Director, David Bilchitz Constitutional Lawyer, Nazir Kathrada, Ebrahim Moosa Professor of Religious Studies, Nancy Castro-Leal lesbian feminist activist, Nawaal Deane Television Producer, Faizel Randera Doctor, Adila Hassim Lawyer, Quraissha Abdool Karrim Doctor and many more.

The Mail and Guardian online also reported that Satchwell said “in the 13 years she had been a judge, nobody had ever asked for her recusal because of her private life, nor had it been argued in appeals on her work.

In 2001 Judge Satchwell, who is an open lesbian won the right for her partner to enjoy the same benefits as those previously reserved for spouses of married heterosexual judges and that decision is seen as one of five key decisions that set the status of same-sex civil unions in South Africa.

“The only criteria that is constitutionally relevant in our democracy for appointment to judicial office is whether a candidate is fit and proper  to hold office”, reads the statement.

In 2006 South Africa became the first African country to legalise same-sex marriages when the Civil Unions Bill was passed into parliament.

http://www.mask.org.za/article.php?cat=southafrica&id=2332

8.8.2009: On Saturday, August 8th, a week after the massacre at the GLBT community center in Tel-Aviv, a memorial rally took place in Rabin Square in Tel-Aviv. GME was there to report the event. President Shimon Peres gave a speech in which he said that on the constitution of Israel it says “Do Not Kill” and last week “we saw something else”, he then added that the killer who shot the young teenagers didn’t shoot only them but the truth is, “he shot everyone of us”.

As president Shimon Peres was walking down towards the exit after his speech in the rally, he did not answer any questions from other reporters but to GME reporter A.Gersh who asked to give few words in English to our viewers across the world: President Peres turned to our reporter and said: “Israel is a country of freedom of equality so it was and so it will

be”

http://www.gaymiddleeast.com/news/news%20175.htm

August 25, 2009: The Anglican Church in the southern part of Africa has taken a small step towards accepting gay people in “faithful, committed relationships” - although civil marriage between same sexes is not legal in any of these countries other than South Africa.

The Anglican Diocese of Cape Town, which includes Anglican bishops from South Africa, Lesotho, Swaziland, Mozambique, Namibia, St Helena, Tristan da Cunha and Angola, passed a resolution at the weekend asking the church’s bishops to provide pastoral guidelines for gay parishioners living in “covenanted partnerships”.

The resolution was proposed by St George’s Cathedral clergy, as they said the parish had come to be seen as a “safe space” for gay Christians in Cape Town.

The Cathedral needed guidelines to help it provide pastoral care to gay parishioners in same-sex relationships.

Globally, the Anglican Church does not accept same-sex marriages. The Anglican Consultative Council, which represents Anglican Churches around the world, has put a moratorium on the “authorisation of public rites of blessing for same-sex unions”.

On Sunday, Archbishop Thabo Makgoba said the synod’s resolution might be seen as tame, but he saw it as “an important first step to saying: ‘Lord, how do we do ministry in this context?’”

“I’m a developmental person. I don’t believe in big bangs. If you throw a little pebble into water, it sends out concentric circles and hopefully that way change comes from that,” he said.

He said the issue of same-sex partnerships has led to a schism in the Anglican Church in the United States. He wanted to avoid the issue becoming a source of division in the Anglican Church in southern Africa.

“In South Africa we have laws that approve a civil union in this context, but not in the other countries within our province. In central Africa and north Africa, both the Anglican Church and the state say ‘no’.

“The reason for this resolution was because we have these parishioners, and the law provides for them to be in that state, so how do we pastorally respond to that?” Makgoba said.

Asked how close the voting was, Makgoba replied: “I am not one for numbers, but for the quality of the debate.”

Resolution of the Diocese of Cape Town on Ministry to Gays and Lesbians in Covenanted Partnerships

http://archbishop.anglicanchurchsa.org/2009/08/resolution-of-diocese-of-cape-town-on.html

August 23, 2009: The Anglican Diocese of Cape Town agreed on August 22 to a resolution asking the church’s bishops to provide pastoral guidelines for gay and lesbian members of the church living in “covenanted partnerships,” taking into account the mind of the worldwide Anglican Communion.

The Synod of the Diocese also resolved to ask Archbishop Thabo Makgoba to appoint a working group, representing church members of varying perspectives, to engage in a “process of dialogue and listening” on issues of human sexuality. This is in line with a “listening process” which is being pursued throughout the Communion.

The resolutions were passed in a session of the Synod, which was held at St. Cyprian’s Church, Retreat in Cape Town from August 20 to 22.

The resolution on pastoral guidelines was proposed by the Revd Terry Lester, sub-dean of St. George’s Cathedral, who said the parish had come to be seen as “a safe space, a sort of liberated space” for gay and lesbian Christians in Cape Town.

He said the cathedral needed guidelines to help it provide pastoral care to gay and lesbian members in “faithful, committed” same-sex partnerships.

In a meeting earlier this year, the Anglican Consultative Council, which represents Anglican churches around the world, reaffirmed a moratorium on what it called “authorization of public rites of blessing for same-sex unions.”

The original text of the synod resolution included language which some members of the Synod said would lead to the blessings of same-sex unions. This, said the Revd Dr James Harris, “will bring us into conflict with the wider Anglican Communion.” The language was later dropped.

The Revd Sarah Rowland Jones successfully proposed an amendment to the resolution which provided that the pastoral guidelines which the Synod requested should take “due regard of the mind of the Anglican Communion.”

Speaking after the Synod ended, the Archbishop of Cape Town, the Most Revd Thabo Makgoba said:

“In Bible studies and discernment sessions during the Synod, I felt the people of the Diocese were committed really to wrestling with the Scriptures and with what they meant in our context.

“I was very encouraged by the way in which the Synod was sensitive both to the pastoral needs of gay and lesbian couples and at the same time affirmed the stance of the wider Anglican Communion, not charging ahead and doing our own thing but rather committing ourselves to a process of listening and dialogue on how to move forward.”

The full text of the resolution on gays and lesbians in committed partnerships reads:

This Synod,

Affirming a pastoral response to same-sex partnerships of faithful commitment in our parish families;

Gives thanks to God for:

–The leadership of our Archbishop Thabo Makgoba and his witness in seeking to handle these issues in a loving and caring manner; and

–The Bishops of our Province for their commitment to the unity of our Communion and Province, working together seeking God’s way of truth and reconciliation;

Notes the positive statements of previous Provincial Synods that gay and lesbian members of our church share in full membership as baptized members of the Body of Christ, and are affirmed and welcomed as such;

Affirms our commitment to prayerful and respectful dialogue around these issues, mindful of the exhortations of previous Lambeth Conferences to engage with those most affected;

Asks the Archbishop to request the Synod of Bishops to provide pastoral guidelines for those of our members who are in covenanted partnerships, taking due regard of the mind of the Anglican Communion.

http://www.virtueonline.org/portal/modules/news/article.php?storyid=11075

25 August 2009: In support of the fight against violent hate crimes perpetuated towards lesbians, Sex Worker Education and Advocacy Taskforce (SWEAT) has endorsed calls by Lesbian, Gay, Bisexual, Transgender and Intersex( LGBTI) activists and human rights defenders, to end heterosexist violence.

Explaining why it is vital for SWEAT to endorse these calls, Dianne Massawe from SWEAT said “this is a human rights violation and we are all affected. Both sex workers and people in the LGBTI community face a lot of stigma and discrimination due to either choice of occupation or sexual orientation.”

This comes after the Western Cape End Hate Alliance together with LGBTI activists and human rights defenders embarked on a public protest and march on 7 August 2009, to raise public consciousness around increasing incidents of corrective rape and violence against black lesbians in townships and rural communities.

SWEAT maintains that while the Constitution of South Africa affords all citizens human rights and dignity, irrespective of their race, gender and sexual orientation, “this does not seem to be the case for black lesbians.”

“It is about time that the authorities take the issue of rape seriously so as to ensure the protection of all women. We want to see the perpetrators go to trial, and the victims and survivors having their day in court”, reads the statement.

The march, held at St Georges Cathedral in Cape Town also aimed to pressurise the Western Cape Department of Public Prosecutions and Justice to be accountable and ensure that the Zoliswa Nkonyana trial proceeds without any further postponements.

In a blog post titled: No justice for black Lesbians, Pierre de Vos, Law Professor at the University of the Western Cape, states that “the fact is that if one is poor, if one is black and if on top of that one is a lesbian one is more likely to be killed in South Africa and one’s murder is more likely to be ignored.”

Nkonyana was brutally murderd in Februalry  2006 during a homophobic attack, meters from her home in Khayelitsha. The case of the nine men accused for the murder has been postponed for more than 20 times.

“Clearly in our society there is the assumption that some lives matter, and others do not”, said Massawe.

She also highlighted that “solidarity is essential in any struggle” and that it was important for organisations to work and support each other to fight stigma and discrimination in society.

SWEAT is a non-profit organisation based in Cape Town that works to ensure sex workers’ rights around health and human rights. They also lobby and advocate for the decriminalisation of adult sex work in South Africa.

“Together we can make a greater impact and start to work with the constituencies that we work with around stigma and this will spill out into other organisations and eventually society”, concluded Massawe.

The 07-07-07 Campaign to End Hate was initiated by the Joint Working Group, a national network of organisations that focuses on LGBTI issues.

The campaign aims to highlight violence perpetrated against lesbian women .

It was named after the date in which Sizakele Sigasa and Salome Massoa, Soweto lesbians murdered for their sexual orientation, were last seen on 07 July 2007.

http://www.mask.org.za/article.php?cat=southafrica&id=2247

It is Youth Month! On 16 June the country will commemorate the role played by the South African youth in the struggle against racial discrimination in the 70’s. For the gay community, this struggle continues. Find out what SA’s LGBTI youth is doing to advance the course for recognition of LGBTI rights!

JOYCE MACHEPHA

I am very open about my sexuality and try to educate people about sexuality matters on a daily basis and mostly I talk to young women bout living with HIV as I am an activist, a mother, grandmother and a lesbian woman. I work at a hospital and work with HIV infected patients and my job at the hospital is to counsel and motivate HIV positive women to be positive about life and try ad show them that there’s life after being diagnosed.
KEDIBONE GARE: CO-OWNER OF OPEN CLOSET

I empower young aspiring musician especially gay and lesbians by inviting them to come and play live at our club, in that way they get exposure and experience in the entertainment industry.

BIBI NKOSI: CO-OWNER OF OPEN CLOSET / FUD FUNDI CATERER

I help young lesbians with advice on how top live freely and comfortable in their own skin by talking to them. On the other hand I educate the community by trying to remove the stereotypical thoughts that lesbians are supposed to be butch only and nothing else, am atleast trying to make them look at lesbians with an open eye and know that a lesbian women can be anyone, butch, feminine, black, white or Indian.

PHINDI MALAZA: FORUM FOR EMPOWERMENT OF WOMEN (FEW)

I try and assist people be comfortable with themselves in order to face problems they are going to face on a daily basis. Basically just to meet people and educate them and in return learn from them.

PUSELETSO MOSHODI:  HOPE AND UNITY METROPOLITAN COMMUNITY CHURCH

When I come across heterosexual people find myself in the company of straight people, I make sure that I make them familiar with homosexual issues. People are homophobic because they don’t know anything about homosexuality. Educating them will help them understand us better and maybe eradicate homophobia. Another thing is to educate people that one can be a lesbian and a Christian as well and that there’s nothing wrong with being homosexual and a Christian at the same time.

DONNA SMITH

Me, for now, I just live my lesbian life with dignity, passion and no apologies.
SIBU MASEKO

I am involved in the projects by Forum for Empowerment of Women (FEW) an organization that empowers young lesbian women like me. Every now and then I try to get together with peers of my age so we can talk about life and issues affecting us as lesbian women.

EMILY CRAVEN

I am an out lesbian and I work for a Lesbian, Gay, Bisexual, Transgender and Intersexual (LGBTI) NGO. I helped facilitate youth Lekgotla which was held in Cape Town in April.
SEKOETLANE JACOB PHAMODI: SRC-RHODES UNIVERSITY
By being who I am, and connecting with others through what I’ve lived. By identifying the common struggles I share with people, this goes a long way in moving the struggle forward in that, the connections I manage to make with people facilitates their understanding of and sensitivity to this one aspect of my identity. Recognizing and utilizing the multiplicity of our individual identity allows us to connect with others through our shared experiences which, in turn, transform people’s perceptions of who we are.”

TUMELO NYAMANE

I give back to those who need my assistance especially young ones….take part in every charity event hosted in Mzasi

KYLE CARSON: RAINBOW UCT UNIVERSITY OF CAPE TOWN
I found a wonderful quote that states, “Any gay person who’s true to themselves and out is in some form or another, an activist.” I try to live my life according to that principle. I’m in no way, shape or form proclaiming that I’m an activist - but I do feel that being out and open about who I am and proud about it does make a difference, however small.

28 April 2009
International rights groups have welcomed the release of nine AIDS activists in Senegal, who were sentenced in January for their sexual orientation.

On 20 April, an appeals court in the Senegalese capital, Dakar, overturned the convictions of the men, each sentenced to eight years in prison, on charges of “membership of a criminal organization and engaging in acts against the order of nature”.

Most of the defendants were involved in HIV programmes targeting men who have sex with men; they were arrested at the home of a prominent AIDS activist in December 2008.

“We welcome the release of the men, who may return to their families and continue their invaluable work in the fight against HIV,” said Dr Julio Montaner, president of the International AIDS Society, which promotes HIV research and best practice and is the custodian of the International AIDS Conference.

“However, we continue to be dismayed at the upholding of laws which allow the criminalization of homosexuality, and we call on the government of Senegal, and other countries with similar regulations, to overturn these immediately in the interests of public health and human rights,” he said.

Homosexuality is punishable by up to five years in prison in Senegal.

http://www.mask.org.za/article.php?cat=allafrica&id=2107

24 April 2009
The gay community in Kenya is demanding justice, protection and that government takes into serious account, increasing threats and attacks of lesbian, gay, bisexual, transgender, intersex and Queer (LGBTIQ) people in that country.

This comes come after a brutal attack of a lesbian in one of Nairobi’s prominent nightclubs, Madhouse, by a woman unknown to the victim, violence which the country’s gay community says was clearly motivated by homophobia.

On Saturday18 April, *Priscila Namba and a friend were leaving Madhouse when, as they were walking towards the exit of the club, a woman shouted out behind them “Ma lesbians (you lesbians).”

Namba turned around to address the woman and they got into a verbal confrontation, which it ended up with the woman attacking and hitting Namba with a bag.

The situation later got out of hand when Namba followed the woman into the club to further confront her about the incident.” I found that the woman was being hidden in the changing rooms by the bouncers and when I asked why they were hiding her I was manhandled, that is when the woman hit me with a bottle across the face”, Namba said.

Bleeding heavily Namba was driven to Central Police Station with her friend, also followed by the two bouncers who earlier tried to help the perpetrator escape but failed because of interventions by patrons of the establishment and taxi drivers.

Namba who suffered a serious injury in the head was later admitted at Nairobi Hospital while the woman who attacked her was arrested.

It is however not clear at present what charges she is facing.

“This attack was clearly motivated by homophobia and there should be no mistaking that it was not a hate crime. We the LGBTIQ community, organizations working for queer rights, women’s rights, human rights defenders and allies are making it clear that we will not just stand to be assaulted and discriminated against”, said Gay and Lesbian Coalition of Kenya (GALCK), Minority women in Action (MWA), GayKenya and Ishtar MSM in a joint statement.

The organisations further petitioned the police to apprehend the two bouncers involved.

“We appeal to the police and government to take immediate action to administer justice and to that show that they will not condone violence against women, particularly against queer and trans-women.”

They further urged civil society and government to take a stand against hate crimes on lesbian, gay, bisexual, transgender, transsexual, intersex, queer and questioning people (LGBTTIQQ).

“From as far back as 1997 and probably even before that, there has been organising concerning LGBTI rights in Kenya. Times have changed and one can only hope that Kenya recognizes the change in the times and the need to adapt to such change”, a gay rights activist in Nairobi said.

She added “The queer movement is much more visible now than it was years back and thus demanding provision of rights in acknowledgement of that visibility for Kenya as a diverse nation is important.”

Regarding the plan of action these gay organisations said “we aim to use the judicial system, regional and international covenants on human rights whilst actively creating awareness amongst people on issues around sexual orientation and gender identity, to try and shift societal consciousness on violence, discrimination and human rights.”

Meanwhile messages of solidarity from likeminded organisations in different countries of Africa are being sent the gay community in Kenya encouraging them to claim their space in society and to fight for their rights.

Kenya still criminalizes same sex intimacies with the existence of a sodomy law, and according to gay rights activists in Nairobi, is a very religious society using such justifications to condemn discriminate and violate LGBTIQ persons.”

Section 162 to 165 of its Penal Code criminalises homosexual behavior and carries a penalty of 5 to 14 years imprisonment.

http://www.mask.org.za/article.php?cat=kenya&id=2104

29 April 2009
Over 60 African and international human rights organisations have deplored the Burundian government’s decision to criminalise homosexuality demanding that it be reversed immediately.

This after Burundian President Pierre Nkurunziza secretly signed a legislation criminalising homosexual conduct on 22 April despite an overwhelming rejection of such law by the Senate who voted against it in February.

The new legislation makes sexual relations between persons of the same sex punishable by a prison sentence of three months to two years or a fine of 50 000 to 100 000 Francs (CFA) or both penalties.

“Burundi has taken a disappointing step backward by legalising discrimination”, Scott long, Director of the Lesbian, Gay, Bisexual and Transgender Rights (LGBTI) Program at Human Rights Watch (HRW) said.

He added “The government has fallen back on custom and culture to justify this repressive step, but there can be no justification for stripping some of Burundi’s people of their fundamental rights.”

In a joint statement with other 62 African and international human rights organizations HRW accused the Burundian president’s staff of making calls to a number of legislators attempting to influence them to vote for the Bill which was then in parliament.

According to these organisations article 567 of this law which penalizes consensual same sex relations by adults violates the rights to privacy and freedom from discrimination.

“These rights protected by Burundi’s Constitution and enshrined in its international treaty commitments, notably the international Covenant on Civil and Political Rights, the African Charter on Human and People’s Rights and the Universal Declaration of Human Rights”, organisations said in a statement.

They further expressed concern that the law will hamper Burundi to fight HIV and AIDS since, they say, the 2001 UN Declaration of Commitment on HIV and AIDS recognises that discrimination against vulnerable groups undermines public health responses to the syndrome.

HRW further highlighted that the United Nations Working group on Arbitrary Detention deems arrests on the basis of sexual orientation as human rights violations.

“The government claims to support human rights, but has passed a law that not only violates the right to privacy but also discriminates against a group of citizens who have been recognized as vulnerable to HIV and AIDS”, David Nahimana, president of the Burundian human rights organization Ligue Iteka protested.

In November 2008 the Burundian National Assembly proposed this law which was rejected following strong opposition by the Senate.

Last month the lower house of Burundi’s parliament reversed the Senate’s vote that rejected the introduction of the law.

Furthermore the ruling party CNDD-FDD staged a mass protest on March 12 calling for the criminalisation of homosexual conduct, transporting adults and even pupils to this mass protest.

Jeremie Ngendakumana chairman of the ruling party told reporters that day, that homosexuality was a sin and that mot Burundians believe it should be punished by law.

Amnesty International has noted that under this new law there will be imprisonment of people solely for their actual or imputed sexual orientation, including for private sexual relations between consenting adults.

Whilst this law criminalises homosexuality, it, on the other hand, abolishes death penalty which baffles many people regarding its intentions.

Although Burundi is now ranked as the 93^rd country in the world to do away with the death penalty the provision to homosexuality, according to human rights activists poses a threat.

“This good news is undermined by the government’s decision to criminalise homosexuality in violation of Burundi’s obligation under international and regional human rights law. It also flies in the face of Burundi’s constitution, which guarantees the right to privacy”, Erwin van der Borght Director of Amnesty International’s Africa Programme concluded.

http://www.mask.org.za/article.php?cat=burundi&id=2108