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| Samuel Tembenu |
Malawi Government calls civil society to promote debate and conduct civic education on death penalty and homosexuality issues as it reveals her rejection of 41 recommendations that broadly concern such issues during 2nd Cycle Universal Periodic Review by United Nations on Human rights Council.
Justice and Constitution Affairs Minister, Samuel Tembenu was speaking at a Media briefing on Wednesday in Lilongwe following his return from two Sessions in Banjul and Geneva on the status of human rights in Malawi.
He said 199 recommendations were received from State Parties out of which 145 have enjoyed the support of Malawi government and 13 recommendations will need further consultations.
But said 41 recommendations on same sex relationships and death penalty were rejected because Government position is that people should be allowed to debate freely.
He said Government is therefore challenging civil society to carryout extensive civic education to enable the general populace to contribute to the ultimate decision concerning these issues.
He added that people with opposing views and those in support be given necessary tools to freely articulate their respective view points.
Currently in Malawi same sex marriages are criminal offense, however, the justice minister has assured that though there is no intention of changing the law by removing the sections that make homosexual a criminal offense, no one shall be arrested or discriminated against for being a homosexual.
In Banjul, Gambia, Malawi presented her initial and combined report on the African Charter on Human Rights and Peoples Rights to the African Commission. While in Geneva, Malawi underwent a 2nd Cycle Universal Periodic Review (UPR) by United Nations (UN), Human Rights Council.
“In responding to some of the issues raised by states and in providing clarification, Government stated that it has not received official reports with respect to the issue of Homophobia and that the constitutional guarantees of equality and non-discrimination apply to all people in Malawi without distinction on any grounds.” He said
“Government has done it by setting up a Law Commission to look at these issues like constitutional conferences that were done before where issues of same sex relationships and death penalty were discussed and Malawians said no.”
He then challenged “The current proponents of same sex relationships are the civil society organizations so the challenge we are giving to them is that go out into the village, let the ordinary man understand what you are talking about if you win him over then we should start talking about changing the law but before Malawians understand this thing we cannot change the law.”
“It will not help anybody shouting at government that you haven’t done this” he said, “Let’s take it back to the people because any law that has to be made in this country should be an expression of aspiration of the people Malawi.”
Among others, the minister mentioned that Malawi also informed UN of the various measures being implemented to address the emerging issues of attacks against persons with albinism.
He also indicated that government denied reports made to the UN on the threats to Human rights Defenders and on the issue of curtailment of the right to assembly and holding peaceful demonstrations. He said government has invited UN Special Rapporteur on Human Rights and Rapporteur on Freedom of Assembly to Malawi to assess the situation.
Hon. Tembenu said UPR process will lead to government adopting a number of commitments through acceptance of recommendations that state parties have advanced to Malawi on continued improvement of the human rights situation.
He expressed Malawi Government commitment that, relevant laws will be enacted, continued implementation of relevant programmes and policies, ratification of relevant international human rights instruments, continued strengthening of the capacity of human rights and governance institutions and continued cooperation with United Nations mechanisms.
The Minister said Malawi has been commended in all the two sessions for making strides in the promotion of human rights in areas of gender and women rights, children rights, human rights of vulnerable categories, civil and political rights as well as economic, social and cultural rights.
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