ILGA_State_Sponsored_Homophobia_2012

the preceding article shall be punished with a period of imprisonment of five years at most.
(2) This punishment shall also be imposed if the act has been committed in agreement with a person who
was not yet 14 years of age or with a person who did not resist on account of a mental or physical disability. If
the victim was between the ages of 14 and 18, the term of imprisonment shall be at least one year.
(3) If the offender belongs to one of the groups of offenders specified in paragraphs (2) and (3) of Article 407,
a term of imprisonment of at least seven years shall be imposed.
(4) If an individual commits a lewd act with another person with their agreement (outside marriage), both
parties shall be punished with a term of imprisonment.”
Malawi
Male/Male Illegal Female/Female Ilegal
Penal Code Cap. 7:01 Laws of Malawi 151
Section 153 “Unnatural offences”
“Anyone who –
(a) has carnal knowledge of any person against the order of nature; or
(b) has carnal knowledge of any animal; or
(c) permits a male person to have carnal knowledge of him or her against the order of nature.
Shall be guilty of a felony and shall be liable to imprisonment for fourteen years, with or without corporal
punishment.”
Section 156 “Indecent practices between males”
“Any male who, whether in public or private, commits any act of gross indecency with another male person,
or procures another male person to commit any act of gross indecency with him, or attempts to procure the
commission of any such act by any male person with himself or with another male person, whether in public
or private, shall be guilty of a felony and shall be liable to imprisonment for five years, with or without corporal
punishment.”
In December 2010, the Parliament passed a bill amending the Penal Code of Malawi. In late January 2011,
President Bingu Wa Mutharika assented to the bill, thus completing its enactment into law. The new Section
137A, captioned “Indecent practices between females,” provides that any female person who, whether in
public or private, commits “any act of gross indecency with another female” shall be guilty of an offence
and liable to a prison term of five years. 152
151 Malawi, 2003, Penal Code: Chapter 7:01 of the laws of Malawi. Zomba: Government Printer
152 See ICJ, Sex Between Women Now a Crime in Malawi: New Law Violates Human Rights Obligations of Malawi,
available at: http://icj.org/dwn/database/Malawi%20Section%20137A%20Press%20Release.pdf
State-Sponsored Homophobia – May 2011
ILGA – The International Lesbian, Gay, Bisexual, Trans and Intersex Association - www.ilga.org
31