United Nation (UN) High Commissioner for Human Rights Rupert Colville has expressed chock over government decision to drop the case where for ruling People’s Party (PP) spokesperson Ken Msonda was accused of inciting violence on homosexuals in the country.
Msonda through his official Facebook page described gays and lesbian people as “worse than dogs” and called for them to be killed.
The development did not please gay rights defenders Timothy Mtambo of Centre for Human Rights and Rehabilitation (CHRR) and Cedep Executive Director Gift Trapence who dragged Msonda to Court, accusing him of inciting violence against homosexuals contrary to section 124 of the country’s Penal Code.
The case was on Thursday dropped by Blantyre Senior Resident Magistrate Peter Kandulu following an application made by Director of Public Prosecution (DPP) Mary Kachale asking for the discontinuance of the case in pursuant to Section 77 (2) of the Criminal Procedure and Evidence Code.
Reacting to the development in a statement on Friday, 22 2016, Colville described the move sends a dangerous message that inciting others to kill gay people is legitimate and will be tolerated by the authorities in Malawi.
“In May 2015, Malawi accepted a recommendation under the Human Rights Council’s Universal Periodic Review, here in Geneva, to “take effective measures to protect lesbian, gay, bisexual, transgender and intersex (LGBTI) persons from violence, and prosecute the perpetrators of violent attacks.”
“The Government of Malawi has a responsibility, enshrined in international human rights law, to protect all individuals from hatred and violence based on their sexual orientation and gender identity, and to hold to account anyone who either engages in such violence or incites others to do so. We urge the Government to meet its responsibilities in this regard,” reads the statement in part.
Meanwhile the government of Malawi is yet to respond to the statement.
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