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Malawi gay couple to face court | Malawi gay couple to face court |
(about 5 hours later) | |
Two gay men arrested in Malawi after getting engaged are to be charged with gross public indecency, police say. | Two gay men arrested in Malawi after getting engaged are to be charged with gross public indecency, police say. |
"We arrested them because they committed an offence; homosexuality in Malawi is illegal," police spokesman Davie Chingwalu told the BBC. | "We arrested them because they committed an offence; homosexuality in Malawi is illegal," police spokesman Davie Chingwalu told the BBC. |
Tiwonge Chimbalanga and Steven Monjeza held a traditional engagement ceremony over the weekend - believed to be the first gay couple in Malawi to do so. | Tiwonge Chimbalanga and Steven Monjeza held a traditional engagement ceremony over the weekend - believed to be the first gay couple in Malawi to do so. |
Homosexuality carries a maximum prison sentence of 14 years in Malawi. | Homosexuality carries a maximum prison sentence of 14 years in Malawi. |
The pair are being held in separate cells in Blantyre until their case is heard, Mr Chingwalu told the BBC's Network Africa programme. | The pair are being held in separate cells in Blantyre until their case is heard, Mr Chingwalu told the BBC's Network Africa programme. |
Engagement party dress | |
The BBC's Raphael Tenthani in Blantyre says the pair have been seen relaxing at the police station with Mr Tiwonge still wearing the dress he wore at the engagement party. | |
Even if you charge them for 20 years, you cannot change their sexual orientation CEDEP's Gift Trapence | |
He says they may have to spend a few more nights in jail as the judiciary is on its Christmas recess and they will not be able to appear in court until next Monday. | |
Our correspondent says Malawi is a deeply conservative society, but recently a group of campaigners came together to form a gay rights organisation, Centre for the Development of People (CEDEP). | |
CEDEP's executive director, Gift Trapence, says the laws used to arrest the couple are invalid because they are against the Bill of Rights enshrined in the 1995 constitution. | |
"Even if you arrest them or charge them for 20 years, you cannot change their sexual orientation. They are what they are," he told the BBC. | |
"So the issue is in a democratic era - if you are arresting people based on their sexual orientation, are you doing justice to the fundamental human rights of these individuals?" he said. | |
Correspondents say some voices in government have also started to call for more openness about homosexuality as the authorities try to tackle high rates of HIV/Aids. |