Donor pressure has forced the Democratic Progressive Party (DPP) regime under President Professor Arthur Peter Mutharika to drop criminal charges leveled against two gay men arrested recently in the capital Lilongwe.
The Police arrested Cuthbert Kulemeka and Kelvin Gonani (37) two weeks ago for allegedly having sex with each and they were charged with sodomy which attract 14 years imprisonment with hard labour.
The development attracted donor outcry with Germany government and United States of America through its Ambassador to Malawi Virginia Palmer urging the government to drop the case.
Reacting to this pressure, Minister of Justice and Constitutional Affairs Samuel Tembenu said Malawi as a member of the international community is also committed to adhere to universally accepted human rights standards.
“The Government there for acknowledges the view expressed by international Human Rights bodies that the inclusion of offenses prohibiting homosexuality in our statute books/within our legislation may be at variance with the views held by such bodies.
“Consequently, the Government has committed itself to review the penal laws on homosexuality under the Penal Code, but this has to be done in consultation with the people of Malawi as prescribed by the Constitution. This position was clearly stated by Government before the United Nations and African Union treaty bodies,” reads in part the statement.
Tembenu said in line with the commitment to review the anti-homosexual laws, Malawi government has suspended laws against same-sex relationships pending a decision on whether to repeal the legislation.
He said government has “imposed a moratorium” not to arrest or prosecute homosexuals.
“Government has noted the concerns raised by interested parties and international bodies regarding the arrest of the two men.
“Government is re-affirming its commitment to observe the moratorium. In light of this commitment, the two gentlemen have been released from custody and all the charges dropped,” he said
Meanwhile government decision to bow down to donors demand on that matter has attracted criticism from the general public.
