Summit 2019 in Lilongwe, Malawi: Joseph Mwale Hunted
The SADC Protocol at Work Summits 2019 took place in Lilongwe, Malawi. The event saw Joseph Mwale being hunted like stray dogs, sparking outrage and calls for justice. This incident sheds light on the challenges faced by individuals in the region and raises important questions about human rights and safety.
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SADC PROTOCOL@WORK SUMMITS 2019 Lilongwe, Malawi Joseph Mwale Hunted like stray dogs
SYNOPSIS They were forced to flee their homes in face of legal persecution and the very real threat of death at the hands of the state, and communities because of their sexual orientation. Getting into Malawi, they had to be smuggled by truck drivers, with hope that they would be safe. But this story, Hunted Like Stray Dogs, exposes that the refugee LGBTI community is facing homophobic attacks from not only fellow refugees, but also service providers like police and health workers at Dzaleka, the main refugee camp in Malawi. Women lesbians are being raped. Locals are not spared! This is affecting efforts to combat HIV/AIDS, as prevalence rate for the group is soaring. Section 153(a) of Malawi's Penal Code punishes "carnal knowledge against the order of nature" with up to 14 years in prison. Hunted like stray dogs
One of the men forced himself on me, while the other two watched, threatening to slice me if I shouted! Then following morning, I reported the incident to police where they escorted me to the hospital for help. But during examination, I explained to them what I am, that I am lesbian. But three nurses, a police officer [female] and another man, all wearing gloves, put me on a table like a cow so that they see if I had really been raped! I told them I was not a virgin, so they could not see blood! Maria I know friends who have been evicted by their landlords, they have been denied medical help, and some have even been sent packing by their parents. They are now staying at their friends houses. If you get sick, you can t go to any other hospital. As a peer educator, I have to meet specific health workers who have to help the LGBT community. You can t just face any other worker in the hospital, because they will laugh at you, rebuke you and call you a devil. Khumbo
BACKGROUND Under the International Covenant on Civil and Political Rights (ICCPR), Malawi bears legal obligations to ensure that all persons, including LGBTI people, have access to enjoy the rights protected thereunder. Article 17 of the ICCPR prohibits arbitrary and unlawful interference with privacy, which was obviously violated in the case of Maria. In fact, the United Nations Human Rights Committee (HRC) has observed that the "obligations imposed by article 17 require the state to adopt legislative and other measures to give effect to the protection against [arbitrary or unlawful] interference and attacks, as well as to the protection of this right. In addition, article 12 of the International Covenant on Economic, Social and Cultural Rights (ICESCR) guarantees the right to health, stating: "States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health." Yet, refugee LGBTI people in Malawi are segregated, they are treated unfairly and seems they are in a place they cant see safety. The story therefore is about exposing what the group faces in many facets of life, while at the same time reminding the State of its obligations Hunted like stray dogs
Key Objectives Expose the calamities befalling the refugee and local LGBT community, and how that is affecting strides in the fights against HIV AIDS pandemic. Persuade authorities to safeguard the lives of the group which has slowly become an endangered specie in the country, but also exposing how the country's laws are in conflict with international obligations and statutes Malawi is party to Hunted like stray dogs
Figures show that out of 1 742 men who have sex with other men (MSMs) and Transgenders (TGs) who were tested for HIV in 2018, a total of 198 were found positive representing an 11 percent prevalence rate. The Malawi National HIV Prevention Strategy for 2015-2020, corroborates these tragic figures. Across Malawi, it says, 6-24 percent of the persons identified as homosexual are married/cohabitating or in a sexual relationship with women, and trying to keep their sexual orientation a secret. Most recent data estimate HIV prevalence among MSM ranging from a low of 5.4% in Mzuzu city, to a high of 24.9% in Mulanje; This finding is in line with Beyer et al. (2009) previous findings: 21.4% HIV prevalence among all age groups; 15.2% HIV prevalence, men aged 18-23 years; 21.6% HIV prevalence, men aged 24-29 years; 35.3% HIV prevalence, men aged >=30 years and 4.7% know status. Importantly, the data emphasizes that MSM are a key population with higher HIV prevalence as compared to the general population.
Malawi has ratified several regional and international human rights treaties that oblige the state to ensure that LGBT people enjoy human rights on an equal basis as everyone else and are protected against discrimination. The State bears legal obligations to exercise due diligence in protecting LGBT individuals from all forms of violence, whether perpetrated by state or non-state actors. These treaties include the African Charter on Human and Peoples Rights (African Charter), the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). Human Rights Watch in a 2018 report on LGBT in Malawi states that as a state party to the African Charter, Malawi is obligated to end all forms of violence against LGBT people, whether perpetrated by state or non-state actors. The country is also supposed to punish all forms of violence targeting persons based on their real or perceived sexual orientation and gender identity.
Target Audience Government-As the authority, government was targeted to be reminded and told of what is happening as regards the LGBTI community so that it takes proper steps to protect the group. 2-LGBTI community-IT was targeted to give them some remedies on how they can find safer heavens in Malawi, like through interaction with institutions that fight for their rights 3-NGOs-Were targeted so that they understand the magnitude of the problem and devise systems and programmes on how to safeguard the rights of the LGBGI community Hunted like stray dogs
PROCESS/METHODOLOGY Information for the story was gathered through face to face and phone interviews, questionnaire, and content analysis of policy, legal and international instruments governing the LGBTI community and the conduct of State Parties. The main persona in the story is a female, much as there are five male sources against two women sources. The story about the female LGBTI member presents a picture of how women are treated over sexuality, how they are abused and sometimes even raped as we see in the story. The men, also interviewed share a perspective of how they are finding life difficult Hunted like stray dogs
IMPACT Following the story, some NGOs like CHRR have continued to support the refugee and local LGBTI community with safety nets. They been rented safer places in towns, and are also getting health and other basic needs. Voice and Choice! Empower women, End Violence.
FEEDBACK Following the story, some NGOs like CHRR have continued to support the refugee and local LGBTI community with safety nets. They been rented safer places in towns, and are also getting health and other basic needs. Hunted like stray dogs
FOLLOW UP I have published stories on several occasions relating to the matter. A story on how political parties ignored the matter during the 2019 elections, and how \CSOs in Malawi presented the matter to the UN. Currently, the Malawi Human Rights Commission is waiting for funds to undertake a study on the matter. Hunted like stray dogs
