Malawi suspends laws criminalizing same-sex relationships

Malawi has suspended laws against same-sex relationships on Monday and ordered police not to arrest gays and same-sex couples pending a decision on whether to repeal the legislation.

Same-sex relationships are banned in Malawi – as in 36 other African states – and carries a maximum sentence of 14 years, but Justice Minister Ralph Kasambara said he wanted debate on the issue before parliament decided whether to keep the laws or not.

“If we continue arresting and prosecuting people based on the said laws and later such laws are found to be unconstitutional it would be an embarrassment to government,” he told reporters.

“It is better to let one criminal get away with it rather than throw a lot of innocent people in jail.”

In 2009, two men were arrested and charged with public indecency after becoming the first same-sex couple to marry in the socially conservative country.

The prosecution drew international condemnation and was one of the main reasons Western donors withdrew budget support to the government of former president Bingu wa Mutharika, who died in April this year.

A recent report presented to Mutharika’s successor, Joyce Banda, recommended decriminalization of same-sex marriages as a way of helping the fight against the spread of HIV and AIDS.