Gay couple sentenced to maximum 14 years in Malawi

[May 20, 2010]  BLANTYRE, Malawi (AP) -- A judge sentenced a couple to the maximum 14 years in prison with hard labor under Malawi's anti-gay legislation, and crowds jeered the two men as they were driven from the courthouse to jail Thursday.

The harsh sentence for unnatural acts and gross indecency had been expected after the same judge convicted Tiwonge Chimbalanga and Steven Monjeza earlier this week under laws dating from the colonial era. The case has drawn international condemnation, and sparked a debate on human rights in this conservative southern African country.

Chimbalanga, a 20-year-old hotel janitor, and his unemployed partner were arrested Dec. 27, the day after they celebrated their engagement with a party at the hotel where Chimbalanga worked -- an apparent first in Malawi.

"Maximum sentences are intended for use for worst cases," Magistrate Nyakwawa Usiwa Usiwa said as he delivered his sentence. "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."

The lawyer for the two, Mauya Msuku, said they would appeal.

Chimbalanga remained composed as armed police officers handcuffed him to Monjeza.

"I am not worried," he told reporters as they were taken to a police vehicle.

Monjeza broke down upon hearing the ruling and was still sobbing as he was helped into the van.

Hundreds of onlookers inside and outside the court house showed little sympathy. There were shouts of "You got what you deserve!" and "Fourteen years is not enough. They should get 50!"

Michelle Kagari, deputy Africa director of Amnesty International called the sentence "an outrage."

Her rights watchdog has adopted Chimbalanga and Monjeza as prisoners of conscience, and would "continue to campaign on this matter and to work tirelessly to see that they are released unconditionally as soon as possible," Kagari told The Associated Press by telephone from her office in Kampala, Uganda.

Mark Heywood, director of the South Africa-based AIDS Law Project called the sentence "outrageous and a violation of human rights." He said activists should hold protests around the world against Malawi.

Malawi's government has been defiant in the face of international criticism over the couple's prosecution.

Betsy Chirambo, an adviser to President Bingu wa Mutharika, expressed concern over calls by some activists for the West to withdraw aid to Malawi because of the case. Up to 40 percent of Malawi's development budget comes from foreign donors.

"It is not our culture for a man to marry a man," Chirambo said this week. "That is not even in our constitution. Some of these rights are not good for our culture."

The government has been backed by religious leaders in the country who have equated homosexuality with Satanism.

But the debate also has emboldened some rights activists in the southern African country. The independent Centre for the Development of People was recently formed by Malawians to fight for the rights of homosexuals and other minorities.

Gift Trapence, executive director of the Centre for the Development of People, was at the courthouse Thursday and told reporters: "How can they get 14 years simply for loving one another? Even if they are jailed for 20 years, you can't change their sexuality."

Gay people forced underground in Africa are unlikely to seek counseling and treatment for AIDS, activists say. In Malawi, nearly 1 million people -- an estimated 12 percent of the population -- are living with HIV, the virus that causes AIDS.

Homosexuality is illegal in at least 37 countries in Africa including Malawi. In Uganda, lawmakers are considering a bill under which homosexuals could be sentenced to life in prison and "repeat offenders" could be executed. Even in South Africa, the only African country that recognizes gay rights, gangs have raped lesbians.

[Associated Press; By RAPHAEL TENTHANI]

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