“End Inequalities, End AIDS”

WORLD AIDS DAY COMMEMORATION

A call for the removal of all punitive and discriminatory laws against key populations. As Malawi commemorates World AIDS Day today, the Centre for Human Rights and Rehabilitation (CHRR), the Nyasa Rainbow Alliance (NRA) and the Centre for the Development of People (CEDEP) join hands in calling upon the government of Malawi to consider repealing all laws that block effective responses to HIV and AIDS among key populations.

To end the HIV and AIDS epidemic, it is critically important that we create a society where all people can access HIV and AIDS services without the fear of arrest, prosecution or violence. It is sad to note that due to criminalisation, a lot of transgender people, gay men and other men who have sex with men (MSM) remain in the closet, unable to come out in the open to access the
services they need. This has implications on efforts to end the epidemic in the country. Although data is limited, the Malawi National Strategic Plan for HIV and AIDS (2020 –2025) estimates that around 7% of MSM are living with HIV in Malawi. Although this is a decrease from a decade ago when prevalence stood at around 21%, this remains an unacceptably high level. The national strategic plan also estimates that around 55% of Malawian sex workers are living with HIV.

The high HIV prevalence among the key populations is due to a number of factors, including the punitive legal environment, as well as violence, stigma and discrimination. We observe that discriminatory laws, such as sections 153(a), 156 and 137A of the Penal Code, which are used to criminalise consensual sex between adults of the same sex, drive key populations underground, making it harder for service providers and others to reach them with potentially lifesaving HIV and AIDS prevention, testing, and treatment services.

Criminalization also increases their risk of acquiring HIV. Globally, gay men and other MSM are around 28 times more likely to acquire HIV than the general population and yet are much less likely to access HIV services, according to data from UNAIDS. In 2017, gay and other MSM accounted for 18% of new HIV infections worldwide. We at CHRR, CEDEP and NRA commend the government of Malawi for recognising gay men and other MSM as a key population in the national HIV and AIDS programming. We further
commend the government for including lubricant distribution as part of the national strategy to combat HIV and AIDS in the country. We note, for example, that the Malawi National Strategic Plan for HIV and AIDS (2020 –2025) has set for itself an ambitious distribution target of 1.25 million lubricants annually.

The mere inclusion of such an ambitious target for gay men and other MSM is a massive achievement considering the conservative nature of Malawi society. However, such interventions are likely to achieve little unless laws criminalising these groups are repealed. In view of the above, CHRR, NRA and CEDEP make the following recommendations:
• That government of Malawi should abide by its 2012 commitment and decriminalize consensual same-sex conduct;
• That Parliament should repeal all provisions in the Penal Code, which criminalise consensual same-sex conduct and sex work.
• That the Malawi Human Rights Commission should ensure that its inquiry on LGBTI issues in Malawi provides information on rights abuses of LGBTI people and make concrete recommendations to the government to improve their situation.

Signed today, 1st December 2021 by:

Michael Kaiyatsa Eric Sambisa
Executive Director Executive Director
Centre for Human Rights and Rehabilitation Nyasa Rainbow Alliance