SAMWU statement on release of Tiwonge Chimbalanga and Steven Monjeza

Reports over the weekend indicated that President Bingu wa Mutharika of Malawi had granted an unconditional pardon to the two gay men who had been sentenced to 14 years imprisonment for admitting that they were involved in a same sex relationship. The release of Tiwonge Chimbalanga, 20, and Steven Monjeza, 26, was as a result of international outrage from a very wide range of organisations including trade unions, faith based organisations, and human and gay rights campaigning groups. The Secretary General of the United Nations reflected these concerns in a meeting with the president and this too seems to have helped to bring about the pardon. As one of those organisations that joined with others to condemn the action of the Malawian authorities, we are of course delighted that the pardon has been enacted, and we hope that Steven and Tiwonge are left in peace in order to be able to recover from what must have been a traumatic ordeal.

However, we note with some trepidation that the President of Malawi has said that the pardon was given on humanitarian grounds and did not reflect a change in government attitude towards homosexuality, and that current repressive legislation would stay in place.

It has been estimated that Malawi is one of 37 African countries that maintains legislation and practices that discriminate against homosexuals. This clearly indicates that there is much to be done across the continent to challenge and change, what is essentially in many countries, colonial homophobic legislation that contradicts the human rights of a section of the community. The silence of the African Union and the Southern African Development Community (SADC) on this matter has been deafening, as have many of the ‘progressive’ voices that we would normally associate with the defence of human rights.

We appreciate that there is a need for much public education on homophobia, and especially on the clauses that outlaw discrimination on the basis of sexual orientation in the Constitution of the Republic of South Africa. Perhaps many of our own citizens do not fully understand its importance, and why it is necessary to guard against all forms of discrimination before they fatally impact upon us, as did xenophobia so starkly in 2008. The enemies of working class unity know only too well how to exploit the differences that exist within our ranks. Let us all take decisive action now to ensure that we have a unified response to all attacks on the human rights of all.

As a union we commit ourselves to ensuring that our own members understand the importance of challenging homophobic actions and sentiment, but we also think that our national political leaders must speak out and defend our constitution. They must also be encouraged to argue for its enshrined principles. Human rights are supposed to be universal and indivisible, to protect everyone regardless of nationality, country of residence, creed, gender, colour and sexual orientation. We all have a duty to ensure that we do not make exceptions and remember that an injury to one is an injury to all!

Congratulations are due to all those who campaigned for the release of Steven and Tiwonge, to have secured their release when homophobia is rearing its ugly head across the continent is a significant achievement, and one that we must be ready to replicate elsewhere. Two steps forward and one step backwards is still a step forward!
For further comment contact:

Steve Faulkner,
SAMWU’s International and Equality Officer
Cell: 0828175455

Issued by:
Tahir Sema.
South African Municipal Workers' Union (SAMWU) of the Congress of South African Trade Unions (COSATU).
National Spokesperson.
Email: tahir.sema
Office: 011-331 0333
Cell: 0829403403