Media Crucial in Shaping Informed Public Dialogue on LGBTQ+ Rights in Mw

Group photo os journalists, MHRC officials
and Nyasa Rainbow Alliance Representative

Lack of knowledge about sexual and gender minorities rights among Malawians continue to impede sober conversations that protects the rights of LGBTQI+ community.

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

“Media is a critical arm of the state in as far as information dissemination is concerned. Therefore, media should take a leading role of providing accurate information to the public about issues and the rights of LGBTQI+ because all rights are equal and are entitled to everyone. LGBTQI+ community are human beings with full rights and dignity, when the media begin to write positively about these issues it will help the public to better understand and respect the right to equality and non-discrimination as well as accommodate them. By achieving this, we will be able to protect LGBTQI+ community from various human rights violations that they are experiencing at the moment.” Explained 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

Executive Director of Media Council of Malawi, Moses Kaufa, has encouraged journalists to promote rights of all minority groups, stressing that the media has primary responsibility of enlightening people about issues of LGBTQ.

“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

He further encouraged key information holders that while LGBTQI+ issue is seen as a sensitive and a negative but they have to avail themselves to media to help them gather the right facts and information which may help their reporting.

“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.