Group photo os journalists, MHRC officials and Nyasa Rainbow Alliance Representative |
Discussions on LGBTQI+ generally ignore human rights
aspects entitled to every person as most conversations center on cultural and
religious values as others take step further to spread sentiments that propagates
homophobia and transphobia of LGBTQI+ persons.
Failure by journalists to consistently produce accurate, professional, humanizing coverage and positive narratives that provides true representation of LGBTQI+ has further promoted news reports that confuse or spread hate rather than inform the public about LGBTQI+ and their rights.
Deputy Executive Secretary for the Malawi Human Rights
Commission (MHRC), Winstone Mwafulirwa, observed that LGBTQI+ issues including
cases of violations of their rights are rarely reported in media and that few
stories that are reported in media usually fail to adequately information the
public about the rights of LGBTQI+ community.
Winstone Mwafulirwa |
To help the media effectively disseminate and promote
the rights of LGBTQI+ in the country, earlier this week, MHRC held a media workshop
in Salima to orient journalists in positive and objective reporting of LGBTQI+
rights.
During the workshop, Lucius Pendame, Deputy Director
of Economic, Social and Cultural Rights at MHRC noted
that there are many cases of human rights violations against LGBTQI+ community
that go unreported.
He disclosed that due to high levels of homophobia in
the country, most LGBTQI+ victims do not report cases to the Commission a
development which forces the MHRC rely on media reports to investigate such
cases.
Pendame therefore emphasized that good media reporting
will help the commission in its work since in addition to help raise awareness
and inform the public about the rights of the LGBTQI+ and the challenges, it
will help the general public and the victims begin to report cases of human
rights violation.
“Media needs to inform the public that there are
rights related to LBTQI+ and that these rights include equality and
non-discrimination. As human beings, [LGBTIQ+ community] they need same
protection of their rights like any other person.” He said
Pendame shared that the Constitution of Malawi Section
20(1) promotes right to equality by prohibiting ‘discrimination of persons in
any form’ and guarantee ‘equal and effective protection against discrimination
on grounds’ that includes sex and other status or condition.
He said international human rights treaties also support
the view that ‘other status’ extends to sexual orientation and gender identity.
“They need to enjoy all rights that includes, access
to justice and legal remedies, privacy, recognition, education, life, property
and many other rights like any other person. So, from human rights point of
view, don’t need to negotiate with culture or religion but ensure that rights
of the LGBTQI+ community need to be protected.” He emphasized
Mwafulirwa said media need good understanding of
LGBTQI+ issues and rights so that they can provide accurate information that
does not spread negative perception to the public.
Whereas the Constitution in Section 19(1) provides that
‘dignity of all persons shall be inviolable’, with Section 12(1)(e) stipulates
that ‘all persons have equal status before the law’ and that Section 41(1)
provides that ‘every person shall have the right to recognition as person
before the law’, the reality seem to be different.
Dwambazi, Nyasa Rainbow Alliance Monitoring and
Evaluation Assistant reveals that due to their sexually the LGBTIQ+ community
face a lot of challenges such as violations and harassment.
“We have issues to do with family rejections, once
your parents finds out that you are gay, chances of being chased out of home
are high. Also, most LGBTQ+ community is jobless because when they hear that
you are gay or transgender person, or when you disclose your status, people
won't hire you or may immediately fire you from the workplace.” Dwambazi disclosed
Dwambazi said between 2021 and 2022, Nyasa Rainbow
Alliance received over 60 cases of violations of rights against LGBTQI+ persons
and that some of the cases were reported to MHRC.
“For example, this year, two lesbian girls were
dismissed from secondary school because they were having an affair. The head
teacher for the school reported the girls to the village headman who together
with his subjects chased the family of these girls out of the village. The two
families lost everything and were rendered homeless, because the community
vandalized their property, destroyed their houses, grabbed their land and took
away everything. Currently, the two families live in hide in another district.”
Shared Dwambazi
She further disclosed that LBTQI+ community also
continue to suffer at the hands of authorities both in health institutions and
by police whenever they go to seek support.
“Access to health services and protection from police remains
a big problem due to deep-rooted stigma and discrimination which is exacerbated
by lack of information and knowledge. LGBTQ+ community get refused or rejected from
access to health care because of being gay.” She added
According to Dwambazi, constant engagement with media
through workshops such as one organized by MHRC inspire hope to LGBTQI+
community that the media will soon do better in terms of reporting.
“Through this workshop, journalists have been oriented
on SOGIE - Sexual Orientation and Gender Identity and other Sex Characteristics
– which has helped them to actually understand some terms, pronouns and the
like. That is important for their reporting.” She said
She added that this was an important platform for
interaction that has allowed Nyasa Rainbow Alliance get contacts of journalists
for future engagements during the activities of the organisation.
“It's easier to work with someone who attended the
training than one who knows nothing or understand about sexual orientation and
gender identity.” Added Dwambazi
Moses Kaufa- ED Media Council of Malawi |
“In fact, there are lots of misconception out there
and negative attitude towards this and I think it is the media that can ably
enable people to understand what it is all about. Actually, this would
definitely also influence legal reforms and the positive attitude in the public
about the LGBTQ.” Noted Kaufa
He also observed that the present legal landscape
presents many challenges for good reporting about issues of LGBTQ.
He cited the conflicting positions of the country’s law
whereas the penal code criminalizes LGBTIQ, on the other side the Constitution “gives
a very body the right to have heir human rights respected.”
“I think the media is not actually convinced as to
which side they have to report on. [They are] not sure which side they should
be. But then I think it’s is high time that the media started now bringing this
kind of discussion on the table with the policymakers, government, CSOs and the
public to make sure that probably the issues that are putting this whole issue
at standstill can be resolved.” Said Kaufa
He also stressed on the issue of ethical reporting to
help media address these kinds of issues without bias and being manipulated by
the public opinion.
“The media has to be objective and they need to
provide accurate and balanced information. They need to seek information from
the credible sources so that at the end of the day, they can be trusted and
people can make right decisions about this issue.” Emphasized Kaufa
Kaufa |
“Most of the sources try to run away from the media.
They wouldn’t want to comment in any way. But then the question still remains;
if you regard these people negatively, if you consider them negatively, do you
want them to be killed. What do you want to happen to them because the law is
not clear. They are human beings, they just need to be protected. This is not a
faith issue, this is not a cultural issue, it’s a human rights issue. So, every
stakeholder in this aspect needs to consider the issue of LGBTQI as a human
right issue without regard to any other affiliations that we might have as members
of the society.” Said Kaufa
In addition to engagement with media, during the week,
MHRC also held other series of meetings with leaders from various institutions in
Mangochi, Nkhatabay and Salima districts targeting members of District AIDS
Coordinating Committee, faith based organisations, District Interfaith AIDS
Committees, women and gender technical working groups, youths, CBO networks,
and police.
The commission raised awareness on rights of LGBTQI+
community and challenges they face in the country and the need to embrace them
as human beings with full rights and dignity.
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