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Malawi gay couple to face court Malawi gay couple to face court
(1 day 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. Homosexual acts carry 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 dressEngagement 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.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 TrapenceEven 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.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).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.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."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."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.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.