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Homosexuality exists in Mw
prisons
22 Apr 2007- Malawi -The words ‘homosexuals’ and ‘lesbians’ were
almost a taboo in Malawi and most parts of Africa. But in today’s fast
modernised world, they are becoming common in our society.
Although it is not easy to come across a person in the country who can
publicly declare that he or she is gay or lesbian, their existence
cannot be ruled out.
One place where this act is reported to be rampant is in prisons. But it
remains mere speculation as none of the inmates or Malawi Prisons
Service officials has confirmed.
Balaka North Member of Parliament Lucius Banda, who spent more than two
months at Zomba Maximum Prison, confirms that homosexuality, popularly
known as “chikayidi” within the prisons, is rampant.
“Homosexuality is very common, in fact it is not a secret, there are
couples in prisons,” he says. “I am a witness. One of my jobs in prison
was to protect young boys who are the main victims of this act.”
He said the prison authorities convened a meeting to establish if what a
newspaper article said about sodomy in prison was a true reflection of
what was happening inside.
“I and some few friends attended the meeting and we made it clear to the
authorities that homosexuality was rampant and in response, they
separated the boys from the nyapalas.
“I tell you, we were in problems, the nyapalas wanted to beat us up
because they said we had initiated that their ‘wives’ should be taken
away from them,” he said.
Banda, a music icon, says it was a pity that as a country, the plight of
prisoners is given a blind eye.
“It is a pity that no one seems to care but I tell you, at least
everyday, you hear that someone has been taken to hospital for sexually
transmitted diseases,” he laments.
But the MP was not sure whether condoms should be distributed to inmates
saying: “I would say yes because they are really doing it but I would
say no because it will be like legalising it. It’s a tricky situation.”
Prison authorities fail to come in the open to admit that homosexuality
is practised just under their noses.
“We are not saying it does not exist in prison,” says Tobias Nowa,
Malawi Prisons Public Relations Officer. “We hear from various quarters
that homosexuality exists.”
“The problem is that the [victims of homosexual assault] do not come to
us to complain for fear that their colleagues will be prosecuted and
punished,” he says.
But when Nowa was reminded that at one time, the authorities at Zomba
Prisons including him, were told about the existence of sodomy and that
they acted swiftly, he said:
“You know, as the official spokesperson, I know what to say and what not
to say. So whatever you hear from ex-prisoners like Honourable Banda
should not be officiated,” he said.
Under the laws of Malawi, homosexuality is a punishable offence.
Delegates to the constitutional review conference last week agreed to
maintain the illegality of homosexual in the country.
Banja La Mtsogolo (BLM) has brought a new twist to the debate of the
existence of homosexual activities in prisons. According to BLM, condoms
should be legalised in prisons.
Why legalise condoms in Prisons? BLM Country Director Walker Jiyani told
a news conference recently in Blantyre that studies have shown that
homosexuality exists among inmates.
Jiyani was speaking at the end of BLM’s Health in Prisons Services
Project which was being funded by British Department for International
Development (DFID) through Malawi Access to Safety, Security and Justice
(MASSAJ.
But it does not mean that all the prisoners involved in homosexuality
are gay. Jiyani observes that some are pushed into the act because they
are locked away from their spouses.
He added: “Because of that, we would have loved to see condoms used in
prisons to control STIs but the law doesn’t permit it.”
A renowned human rights activist Emmie Chanika says it would not be wise
to distribute condoms among the inmates for use in prisons.
“I say no to condom distribution in prisons for the sake of our innocent
male species. This will encourage the culprits to rape our boys and men
who are in prison,” she says.
Chairman for Prison Inspectorate Justice George Chimasula Phiri says
although it is difficult to break through on matters of homosexuality in
prisons, the belief is there that it happens.
“In the interest of preventing the spread of HIV/Aids, it is very
important to give them condoms but on the other hand, it would grow to a
larger extent. It’s like we are saying you can go ahead, its legalised
by distributing condoms,” says Chimasula Phiri.
The High Court judge says prisoners themselves were a stumbling block
because they have never heeded calls from the Inspectorate to lodge
complaints if there experience any type of assaults.
Nowa prayed that the law that governs the operations of the Prisons
should be amended to legalise the distribution of condoms, otherwise he
says:
“We cannot distribute condoms to prisoners when we know that
homosexuality is an offence. But we call upon researchers to do a
research and publicise the findings so that we come up with an official
stand on homosexuality.”
He said his department has invited officials from Prison HIV/Aids
programme in Sadc based in South Africa to come and conduct the research
and an official stand would be drawn from the results.
Nowa says at the moment, the prison authorities in collaboration with
BLM distribute condoms to prisoners who have finished serving their
sentences for use at their homes.
Secretary for Health responsible for HIV/Aids Mary Shawa said government
could not exactly say what they are going to do because Malawi Prison
Service has not come in the open to declare if they have a problem of
homosexuality.
Shawa, however, said one of the duties of organisations involved in
reproductive health service delivery, especially those related to
HIV/Aids, is to provide preventive measures one of which are condoms.
“So it’s up to the Prison Service to tell us about the matter and how it
can be handled,” she said, adding that homosexuality remains an offence
in the country.
Chanika, an executive director for Civil Liberties Committee (Cilic),
suggests that inmates interested in homosexual activities should be
separated from others.
“The problem in Malawi prisons is that there is lack of control. Like at
Chichiri or Zomba, 2,000 prisoners are locked up with no guards’ cubicle
inside that large complex.
“Let us sort out the mayhem in the prison cells and then you can
distribute your condoms if you prove that our boys and men will not be
forced into homosexuality. Or simply, put the homos together,” suggests
Chanika.
Chairperson for Public Affairs Committee (Pac), a religious grouping, Fr
Boniface Tamani says morally, it is unacceptable to distribute condoms
in prisons or otherwise.
Tamani, whose Roman Catholic church condemns any use of condoms, says
the problem is that condom manufacturers and distributors do not explain
that the sheaths are not 100 percent effective.
He said homosexuality exists and prisons are not exceptional but added
that some people are born gay as an abnormality which he said should not
be encouraged.
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