Homophobic Acts Against LGBTQ+ Malawians Grow Six Months after Landmark Court Decision
Officials at ASKE, a local LGBTQ+-led NGO, say many service providers misunderstood the court ruling.
LILONGWE, Malawi—In Malawi, tradition and modernity often clash. It’s a reality that makes the lives of lesbian, gay, bisexual, transgender, queer, and other gender and sexual minorities (LGBTQ+) a human rights battleground, writes Josephine Chinele.
Discrimination, victimisation, and bullying towards LGBTQ+ people have escalated in the six months since Malawi’s Constitutional Court upheld penal codes criminalising homosexuality.
In interviews, both citizens and human rights activists report new fears for safety and security since the June 28, 2024, decision.
“I have been out and proud about my sexuality for about 15 years now, and my family accepted who I am,” said Zomba-based Davie Chisale Junior, who is gay. “But with this ruling, I feel psychologically let down. I’m better off in hiding.”
Assaults and threats have forced Chisale and other Malawian LGBTQ+ people to take cover for their safety.
The constitutional court ruling upheld laws that often fuel homophobic attitudes and behaviours, leaving Malawian LGBTQ+ individuals without important legal protections.
Discrimination is now done openly, activists say, as some people have misinterpreted the legal judgement as a license to abuse and harass LGBTQI+ people.
Fear has forced members of the community and activists into isolation because public spaces are no longer safe for them.
“People told me to my face at a drinking joint that they were free to assault me because the court said being LGBTQ+ is an offence by law,” said one Mangochi-based minority rights activist who requested anonymity for safety reasons.
One of the activist’s colleagues was physically assaulted last summer after the ruling.
The perpetrators wrongly claimed that the court ruling meant, “These people should be killed.”
The activist said LGBTQ+ people who are assaulted are often too scared to seek medical treatment at public hospitals, fearing “arrest or even worse.”
The activist said LGBTQ+ people who do seek healthcare are sometimes subjected to aggressive interrogation, unjust accusations, and the denial of services.
This stigma and discrimination discourage people from seeking assistance and perpetuate a code of silence regarding the torture they sometimes endure.
LGBTQ+ people also report problems with justice systems, saying police are now more likely to ignore attacks on them. Fears of being outed or of making homophobia worse have prevented victims from reporting abuse.
In short, as the Mangochi activist says, the LGBTQ+ community is living in fear.
Advocacy losses
Art and Global Health Executive Director Rodger Phiri agrees with other activists that the ruling has worsened homophobia.
“Our organisation has been working with service providers, but we have already noted patterns of backtracking,” Phiri said.
Although the organisation has not yet compiled data, complaints of LGBTQ+ victimisation have arrived from the rural areas of the Mchinji, Phalombe, and Chikwawa districts.
Homophobia is often worse in rural areas where religious views, traditional beliefs, and a lack of education contribute to homophobia.
Phiri urged the LGBTQ+ community to unite and speak with one voice about victimisation, backlash, and misinformation. But even advocacy work and education are getting harder.
In July 2024, police reportedly shunned a training organised by the human rights group Nyasa Rainbow Alliance in the Mangochi district to improve awareness of and empathy for the problems LGBTQ+ people face.
The meeting was intended to foster discourse and build bridges between the LGBTQ+ community and key stakeholders.
“We invited peer educators, health care workers, and the police, among other stakeholders,” Nyasa Rainbow Alliance Paralegal Officer Joshua Sindo said. No police showed up.
“They were afraid to be associated with us after the ruling,” Sindo said.
“Since the ruling in June, our advocacy has taken a step backwards. There is little interest in working with us.”
Mangochi Police Publicist Amina Tepani Daudi said no one has given her team instructions for how to handle LGBTQ+ cases, adding that police have never rejected any of their complaints if the victim brings evidence.
“It's very rare to receive a complaint from LGBTQ+ individuals or advocacy groups,” Daudi said. “According to our statistics this year, we haven't handled any case of such nature.”
“Nothing has changed. Police services are for everyone. Despite their sexual orientation, and as long as their complaints are valid, they are dealt with professionally,” Daudi added.
Daudi denied receiving any meeting invitation from Nyasa Rainbow Alliance.
“If they did, let them make a follow-up. We have been working with other LGBTQ+ advocacy organisations,” Daudi said.
Ruling backlash
Malawian LGBTQ+ activist Prince Mikel said he believes everyone is interpreting the court ruling to suit their interests.
“What’s clear is that there are so many things happening now in the LGBTQ+ community that most people are ignoring, such as being denied health services because of sexual orientation,” he said.
“I’m afraid…I don’t even know what will happen to me as an activist if I openly advocate for LGBTQ+ rights,” Mikel added.
Officials at ASKE, a local LGBTQ+-led NGO, say many service providers misunderstood the court ruling.
ASKE Executive Director Akei Tembeta said their organisation feels insecure after another organisation’s staff member directed homophobic remarks at them.
The staff worker’s comments were understood as a warning that the community around Tembeta’s office was not safe.
Responding to accusations that healthcare workers deny patients treatment based on their sexual orientation, Ministry of Health Spokesperson Adrian Chikumbe denied receiving any official reports or complaints of this nature.
Instead, Chikumbe cited Malawi’s National Health Sector Strategic Plan III, which advocates for universal access to quality healthcare.
“This means that we aim to provide quality healthcare services to everyone regardless of where they are, who they are, and what they do,” Chikumbe said.
“It’s therefore wrong to deny anyone healthcare services in public hospitals based on their sexual orientation. We encourage all clients who believe they have been mistreated or denied services to report the incidents to facility authorities or the hospital ombudsman so that appropriate action is taken.”
Chisale and other LGBTQ+ advocates said they need more than verbal assurances before they can experience safety and health equity.
“I fear for mine and the entire LGBTQ+ community’s lives, considering the existing misconceptions that have already made us uncomfortable,” he said.