Malawi Arrests Two Men on “Suspicion of Being Gay”

Ramona Vijeyarasa

Malawi appears to be following Uganda’s and Rwanda’s lead on virulent homophobia with the arrest of two men charged with “carnal knowledge of a person against the order of nature.”

Malawi appears to be following
Uganda’s and Rwanda’s lead on homophobia, with the arrest of two Malawian men, Steven
Monjeza, 26, and Tiwonge Chimbalanga, 20, charged with “carnal knowledge of a person
against the order of nature” (article 153) and committing an act of gross indecency
with another male person (article 156)
. The
two men, arrested on December 28, conducted a traditional engagement ceremony (Chinkhowe)
two days before their arrest, deemed by the authorities as evidence of behavior
contrary to sections 153 and 156 of the Malawi Penal Code. The two men,
reportedly beaten by police while in custody, are still being
held in Chichiri Prison in Blantyre, Malawi.

Anti-gay sentiment has been
building in Malawi for several months. Last year an anti-gay campaign led the Malawi National
Assembly to consider passing a constitutional amendment banning homosexuality.  Although no amendment was made, several
months later we have witnessed the arrest of Monjeza and Chimbalanga. According
to Chrispine Gwalawala Sibande, a lawyer with the Malawi Human Rights
Commission, “the arrest has brought fear among those openly gay and those the
government suspects to be gay”. Sibande notes that, in addition to the arrest
of Monjeza and Chimbalanga, others have been targeted. Police have raided the
offices of NGO, Center for
the Development of People (CEDEP),
whose work focuses on the rights of minority
groups, such as prisoners, sex workers, people living with HIV/AIDS and men
having sex with men. Not only have their HIV/AIDS awareness-raising materials
been confiscated, but two of CEDEP’s officers have been arrested under
accusations of “supporting gays”. With concern, Sibande states that we are yet
to see what charges they will face in the Malawi courts.

According to most reports,
Chimbalanga identifies as a woman and has been referred to by most press as the
“bride”. However, the idea of having a fruitful discussion about transgender
identity in Malawi seems far from likely given the current climate. Both Monjeza
and Chimbalanga have since been denied bail, despite the fact that bail
applications have previously been granted in cases where the accused were
charged with murder or treason. Chief Resident Magistrate Nyakwawa Usiwausiwa’s
decision to deny bail was based partly on the State’s request
for more time to gather evidence, justified also in light of security concerns
for the accused. The Magistrate did, however, concede
that the state should have done a thorough investigation before arresting the
accused. The state prosecutors now have until January 10, after which the court
will consider granting the accused bail, with or without conditions.

Earlier this week, police even attempted to force
the men to undergo anal examinations to establish whether the men had
“consummated” their engagement. This demeaning attempt to further abrogate the
rights of the accused was aborted when the hospital’s doctor was unavailable to
examine them. It is unclear whether the examinations have since gone ahead. Several
medical experts, including Dr. Lorna Marin,
Chief
Dr. Lorna
Martin, Chief Specialist/Head of Division Forensic Medicine & Toxicology,
University of Cape Town [in a letter to Human Rights Watch] and Dr. Vincent
Iacopino, Senior Medical Advisor for Physicians for Human Rights
in a communication with the International Gay and Lesbian
Human Rights Commission
, have affirmed that
such examinations would serve no value in identifying whether consensual anal
sex had actually taken place. Further as Malawi legal expert Justin Dzonzi,
Executive Director of Justice Link commented, “Under the constitution a Malawian
cannot be forced to go through a scientific test or examination without his or
her consent”. Rather, Section 42 of the Constitution of Malawi prevents the
state from forcing any person under arrest to say or do anything that amounts
to evidence against his conviction.

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At this stage, it is unclear what
trajectory this case will take. Amnesty International has already condemned the
arrest and called for the unconditional release of the two men. According to
Sibande, the case should go before the High Court of Malawi to test the
constitutionality of sections 153 and 156 of the Penal Code. Sibande notes that
the Constitution of Malawi protects
freedom of conscience and the rights to privacy and
non-discrimination. Therefore, criminalizing homosexuality is directly contrary
to the Constitution and the provisions should be declared invalid. At this
stage, lawyers for
Monjeza and Chimbalanga
have filed papers with the Chief Justice of the High Court calling for the
Chief Justice to declare the case as concerning constitutional interpretation.
If accepted by the Chief Justice, he will be required to form a three-judge
“Constitutional Court” to consider the constitutional status of sections 153
and 156 of the under which Monjeza and Chimbalanga have been charged.
In response to the
lawyers’ petition, the Chief Justice has called for more evidence and is likely
to make a decision early next week, either January 11 or 12. Meanwhile, Sibande
warns, the Magistrate’s Court has set January 11 as the “day to start hearing
evidence from the witnesses to be paraded by the prosecutors before the court.”

Clearly, the following days are
pivotal in determining the direction of this case, the fate of Monjeza and
Chimbalanga and the human rights of all homosexuals in Malawi. In the words of
Sibande, “I call upon all of you to be with us Malawians as time has come to
test our oppressive criminal provisions in the High Court.”

 

Commentary Politics

It’s Not Just Trump: The Right Wing’s Increasing Reliance on Violence and Intimidation as a Path to Power

Jodi Jacobson

Republicans have tried to pass Trump's most recent comments off as a joke because to accept the reality of that rhetoric would mean going to the core of their entire party platform and their strategies. The GOP would have to come to terms with the toll its power plays are taking on the country writ large.

This week, GOP presidential nominee Donald Trump stated that, if Hillary Clinton were elected and able to nominate justices to the Supreme Court, “Second Amendment people” might be able to do something about it. After blaming the media for “being dishonest” in reporting his statement, the Trump campaign has since tried to pass the comment off as a joke. However characterized, Trump’s statement is not only part of his own election strategy, but also a strategy that has become synonymous with those of candidates, legislators, and groups affiliated with the positions of the GOP.

To me, the phrase “Second Amendment people” translates to those reflexively opposed to any regulation of gun sales and ownership and who feel they need guns to arm themselves against the government. I’m not alone: The comment was widely perceived as an implicit threat of violence against the Democratic presidential nominee. Yet, GOP party leaders have failed to condemn his comment, with House Speaker Paul Ryan (R-WI) agreeing with the Trump campaign that it was “a joke gone bad.”

Republicans have tried to pass it off as a joke because to accept the reality of their rhetoric would mean going to the core of their entire party platform and their strategies. The GOP would have to come to terms with the toll its power plays are taking on the country writ large. The rhetoric is part of a longer and increasingly dangerous effort by the GOP, aided by corporate-funded right-wing organizations and talk show hosts, to de-legitimize the federal government, undermine confidence in our voting system, play on the fears held by a segment of the population about tyranny and the loss of liberty, and intimidate people Republican leaders see as political enemies.

Ironically, while GOP candidates and leaders decry the random violence of terrorist groups like Daeshitself an outgrowth of desperate circumstances, failed states, and a perceived or real loss of powerthey are perpetuating the idea of loss and desperation in the United States and inciting others to random violence against political opponents.

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Trump’s “Second Amendment” comment came after a week of efforts by the Trump campaign to de-legitimize the 2016 presidential election well before a single vote has been cast. On Monday, August 1, after polls showed Trump losing ground, he asserted in an Ohio campaign speech that “I’m afraid the election’s gonna be rigged, I have to be honest.”

Manufactured claims of widespread voter fraud—a problem that does not exist, as several analyses have shown—have nonetheless been repeatedly pushed by the GOP since the 2008 election. Using these disproven claims as support, GOP legislatures in 20 states have passed new voter restrictions since 2010, and still the GOP claims elections are suspect, stoking the fears of average voters seeking easy answers to complex problems and feeding the paranoia of separatist and white nationalist groups. Taking up arms against an illegitimate government is, after all, exactly what “Second Amendment remedies” are for.

Several days before Trump’s Ohio speech, Trump adviser Roger Stone suggested that the result of the election might be “illegitimate,” leading to “widespread civil disobedience” and a “bloodbath,” a term I personally find chilling.

Well before these comments were made, there was the hate-fest otherwise known as the Republican National Convention (RNC), during which both speakers and supporters variously called for Clinton to be imprisoned or shot, and during which New Jersey Gov. Chris Christie, a man not widely known for his high ethical standards or sense of accountability, led a mock trial of Hillary Clinton to chants from the crowd of “lock her up.” And that was the tame part.

The number of times Trump has called for or supported violence at his rallies is too long to catalogue here. His speeches are rife with threats to punch opponents; after the Democratic National Convention, he threatened to hit speakers who critiqued his policies “so hard their heads would spin.” He also famously promised to pay the legal fees of anyone who hurt protesters at his rallies and defended former campaign manager Corey Lewandowski after allegations surfaced that Lewandowski had assaulted a female Breitbart reporter.

A recent New York Times video compiled over a year of reporting at Trump rallies revealed the degree to which many of Trump’s supporters unapologetically express violence and hatred—for women, immigrants, and people of color. And Trump eschews any responsibility for what has transpired, repeatedly claiming he does not condone violence—his own rhetoric, that of his associates, and other evidence notwithstanding.

Still, to focus only on Trump is to ignore a broader and deeper acceptance, even encouragement of, incitement to violence by the GOP that began long before the 2016 campaign.

In 2008, in what may appear to be a now forgotten but eerily prescient peek at the 2016 RNC, then-GOP presidential nominee Sen. John McCain (R-AZ), and his running mate, former Alaska Gov. Sarah Palin, used race-baiting and hints at violence to gin up their crowds. First, Palin accused Obama of “palling around with terrorists,” a claim that became part of her stump speech. As a result, Frank Rich then wrote in the New York Times:

At McCain-Palin rallies, the raucous and insistent cries of “Treason!” and “Terrorist!” and “Kill him!” and “Off with his head!” as well as the uninhibited slinging of racial epithets, are actually something new in a campaign that has seen almost every conceivable twist. They are alarms. Doing nothing is not an option.

Nothing was in fact done. No price was paid by GOP candidates encouraging this kind of behavior.

In 2009, during congressional debates on the Affordable Care Act, opponents of the health-care law, who’d been fed a steady diet of misleading and sensationalist information, were encouraged by conservative groups like FreedomWorks and Right Principles, as well as talk show hosts such as Sean Hannity, to disrupt town hall meetings on the legislation held throughout the country. Protesters turned up at some town hall meetings armed with rifles with the apparent intention of intimidating those who, in supporting health reform, disagreed with them. In some cases, what began as nasty verbal attacks turned violent. As the New York Times then reported: “[M]embers of Congress have been shouted down, hanged in effigy and taunted by crowds. In several cities, noisy demonstrations have led to fistfights, arrests and hospitalizations.”

In 2010, as first reported by the Washington Post’s Greg Sargent, Tea Party candidate Sharron Angle, in an unsuccessful bid to unseat Senate Majority Leader Harry Reid (D-NV), suggested that armed insurrection would be the answer if “this Congress keeps going the way it is.” In response to a request for clarification by the host of the radio show on which she made her comments, Angle said:

You know, our Founding Fathers, they put that Second Amendment in there for a good reason and that was for the people to protect themselves against a tyrannical government. And in fact Thomas Jefferson said it’s good for a country to have a revolution every 20 years.

I hope that’s not where we’re going, but, you know, if this Congress keeps going the way it is, people are really looking toward those Second Amendment remedies and saying my goodness what can we do to turn this country around? I’ll tell you the first thing we need to do is take Harry Reid out.

Also in 2010, Palin, by then a failed vice-presidential candidate, created a map “targeting” congressional Democrats up for re-election, complete with crosshairs. Palin announced the map to her supporters with this exhortation: “Don’t retreat. Instead, reload!”

One of the congresspeople on that map was Arizona Democrat Gabby Giffords, who in the 2010 Congressional race was challenged by Jesse Kelly, a Palin-backed Tea Party candidate. Kelly’s campaign described an event this way:

Get on Target for Victory in November. Help remove Gabrielle Giffords from office. Shoot a fully automatic M16 with Jesse Kelly.

Someone took this literally. In January 2011, Jared Lee Loughner went on a shooting rampage in a Tuscon grocery store at which Giffords was meeting with constituents. Loughner killed six people and injured 13 others, including Giffords who, as a result of permanent disability resulting from the shooting, resigned from Congress. Investigators later found that Loughner had for months become obsessed with government conspiracy theories such as those spread by GOP and Tea Party candidates.

These events didn’t stop GOP candidates from fear-mongering and suggesting “remedies.”  To the contrary, the goading continued. As the Huffington Post‘s Sam Stein wrote in 2011:

Florida Senate candidate Mike McCalister, who is running against incumbent Sen. Bill Nelson (D-Fla.), offered a variation of the much-lampooned line during a speech before the Palms West Republican Club earlier this week.

“I get asked sometimes where do I stand on the Second and 10th Amendment, and I have a little saying,” he declared. “We need a sign at every harbor, every airport and every road entering our state: ‘You’re entering a 10th Amendment-owned and -operated state, and justice will be served with the Second Amendment.’” [Emphasis added.]

These kinds of threats by the GOP against other legislators and even the president have gone unpunished by the leadership of the party. Not a word has come from either House Speaker Paul Ryan or Senate Majority Leader Mitch McConnell decrying these statements, and the hyperbole and threats have only continued. Recently, for example, former Illinois GOP Congressman Joe Walsh tweeted and then deleted this threat to the president after the killing of five police officers in Dallas, Texas:

“3 Dallas cops killed, 7 wounded,” former congressman Joe Walsh, an Illinois Republican, wrote just before midnight in a tweet that is no longer on his profile. “This is now war. Watch out Obama. Watch out black lives matter punks. Real America is coming after you.”
Even after the outcry over his recent remarks, Trump has escalated the rhetoric against both President Obama and against Clinton, calling them the “founders of ISIS.” And again no word from the GOP leadership.
This rhetoric is part of a pattern used by the right wing within and outside elections. Anti-choice groups, for example, consistently misrepresent reproductive health care writ large, and abortion specifically. They “target” providers with public lists of names, addresses, and other personal information. They lie, intimidate, and make efforts to both vilify and stigmatize doctors. When this leads to violence, as David Cohen wrote in Rolling Stone this week, the anti-choice groups—and their GOP supporters—shrug off any responsibility.
Some gun rights groups also use this tactic of intimidation and targeting to silence critique. In 2011, for example, 40 men armed with semi-automatic weapons and other guns surrounded a restaurant in Arlington, Texas, in which a mothers’ group had gathered to discuss gun regulations. “Second Amendment people” have spit upon women arguing for gun regulation and threatened them with rape. In one case, a member of these groups waited in the dark at the home of an advocate and then sought to intimidate her as she approached in her wheelchair.
The growing resort to violence and intimidation in our country is a product of an environment in which leading politicians not only look the other way as their constituents and affiliated groups use such tactics to press a political point, but in which the leaders themselves are complicit.
These are dangerous games being played by a major political party in its own quest for power. Whether or not Donald Trump is the most recent and most bombastic evidence of what has become of the GOP, it is the leadership and the elected officials of the party who are condoning and perpetuating an environment in which insinuations of violence will increasingly lead to acts of violence. The more that the right uses and suggests violence as a method of capturing, consolidating, and holding power, the more they become like the very terrorists they claim to be against.

Roundups Politics

Campaign Week in Review: Cable News Turned Mostly to Men to Discuss Clinton’s Historic Moment

Ally Boguhn

Even as Hillary Clinton seemed to clinch the Democratic nomination, cable news shows barely had women on to discuss this moment. Also this week, Sen. Marco Rubio announced that his political aspirations didn't end with his presidential run.

This week on the campaign trail, Hillary Clinton becoming the first female presumptive nominee of a major party wasn’t enough to push cable news to bring on women to discuss it, and former presidential candidate Sen. Marco Rubio (R-FL) changed his mind about running for re-election to the Senate. 

Cable News Turns Largely to Men to Discuss ElectionEven Amid Clinton’s Historic Moment

When Clinton became the first female presumptive nominee of a major party earlier this month, cable news tapped more men than women to discuss the historic moment.

As Gender Avenger Founder Gina Glantz, Women’s Media Center President Julie Burton, and Center for American Women and Politics Director Debbie Walsh explained in a Tuesday column for USA Today:

On the day when headlines and large photos of the former secretary of State celebrated her historic role in American politics, not one woman appeared on Fox News’ The Kelly File. In fact, the only time Hillary Clinton was mentioned was when Megyn Kelly speculated about the cost of her wardrobe, referred to a focus group discussing Clinton’s supposed divisiveness and considered whether President Obama’s endorsement would create a conflict of interest with the investigation of her State Department emails. 

Other cable shows did a bit—just a bit—better. On CNN’s Anderson Cooper 360 and the MSNBC, Fox, and CNN morning shows (Morning Joe, Fox & Friends, New Day) about one in three of the voices in their discussions were women. Only The Rachel Maddow Show on MSNBC hit 50%.

Gender Avenger, an organization that seeks to “build a community that ensures women are represented in the public dialog [sic]” has partnered with the Women’s Media Center and the Center for American Women and Politics to release monthly reports on how many women appear to discuss the 2016 presidential elections on some of cable news’ most-watched television programs. According to its website, the organization “monitors the highest-rated morning and evening shows on three major television news networks: CNN, FOX, and MSNBC. Any guest who is not the host (or substitute host) and is asked to comment substantively on the 2016 presidential election is counted as an analyst.”

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Analyzing data from March 1 to May 31, the groups found that only CNN’s Anderson Cooper 360 had roughly equivalent ratios of men and women on to discuss the election. Of the other nightly programs, only 15 percent of guests who joined Fox News’ Kelly File to talk about the presidential election were women; 33 percent of guests on MSNBC’s Rachel Maddow Show to discuss related issues were women.

All morning programs examined had a poor ratio of men-to-women guests who discussed the election: CNN’s New Day had 31 percent women guests, Fox News’ Fox and Friends had 22 percent, and MSNBC’s Morning Joe had 24 percent.

Glantz and her co-authors explained in their column that these findings coincide with past research from the Women’s Media Center, which found that “in 2014, men reported 65 percent of all U. S. political news stories.” 

Former Republican Presidential Candidate Rubio Decides to Run for Senate Re-Election

After losing the 2016 Republican nomination for presidentand spending months of vowing he would be a “private citizen” in JanuaryRubio has decided to run to keep his Senate seat.

Admitting that he had previously expressed frustrations at the limitations of what he could accomplish in the Senate, (remember, he justified skipping Senate votes because of his “frustration” with the process), Rubio cited the importance of Florida’s position in determining which party would hold the Senate as a key factor in his decision. “Control of the Senate may very well come down to the race in Florida,” said Rubio in a press release announcing his decision. “The stakes for our nation could not be higher.”

Rubio went on to point to the 2016 presidential as another component to his decision to run for re-election, reasoning that “no matter who is elected president, there is reason for worry.”

Calling Donald Trump’s rhetoric about women and people of color “not just offensive but unacceptable,” Rubio noted that the prospect of electing the presumptive Republican nominee to the White House was “worrisome.” He also criticized Clinton, claiming that electing her “would be a repeat of the early years of the current administration, when we got Obamacare, the failed stimulus and a record debt.”

Rubio’s late-entrance into the race was not unexpected. Last week, Rep. David Jolly dropped out of the GOP primary race for the seat Rubio was supposed to be vacating, instead deciding to run for re-election to the House. Just before he announced his decision, Jolly appeared on CNN’s New Day, mentioning that “Marco is saying he is getting in [the race],” seemingly referencing rumors Rubio would be running.

The New York Times reported that Rubio has already told “colleagues and advisers that he is considering running for president again, in 2020 or 2024.” Yet Rubio told CNN today that “if my plan was to run for president in 2020, jumping into a race like this with all the political risks associated with it would not be the decision one would make.” He did not, however, explicitly rule out a presidential run.

The Florida senator’s time in the presidential race this season was marked by anti-choice positions so extreme even some Republicans questioned his electability. As Rewire previously reported, “Rubio’s anti-choice views were a key part of his platform throughout his campaign, even leading him to create an advisory board of anti-choice leaders and activists to advise his campaign on how to chip away at abortion rights.”

What Else We’re Reading

Presidential candidate Sen. Bernie Sanders (I-VT) on Friday said he would vote for Clinton to “focus on defeating Republican Donald Trump,” according to CNBC.

A Moody’s Analytics analysis released Monday found that electing Trump to the presidency would hurt the economy “significantly,” leading to a nationwide recession.

“I hate the concept of profiling. But we have to start using common sense,” said Trump on CBS’ Face the Nation Sunday, seemingly suggesting that the United States should indeed begin profiling against Muslims.

Ann Friedman wrote in New York Magazine that the “real lesson of the Obama presidency is not that our sitting president is a failure. It’s that having a president who looks like a feminist is not enough.”

Washington Posts Glenn Kessler looked into a claim made in a recent Clinton campaign ad suggesting that the Democrat had worked across the aisle as first lady on child health programs.

Did Trump’s campaign really pay $35,000 to advertising firm “Draper Sterling” (the last names, of course, of two leading characters from Mad Men)?

Aliza Abarbanel highlighted in Elle magazine the 27.3 million Latinos who will vote this November, and what they think about the election.

Politico offered a look into a campaign finance case that could be “the next Citizens United.”

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