Tiwonge Chimbalanga, one half of the Malawian queer couple that was sentenced to 14 years in prison and then released, is seeking asylum in Canada, reports the Panafrican News Agency:

'Yes, Tiwonge will be going to Canada to settle,' Maxwell Manda, a cousin of Chimbalanga, told PANA in an exclusive interview Thursday, adding 'he is just finalizing travel documents.'

PANA reports that the news was also confirmed by an activist at Malawi's Centre for the Development of People.

Chimbalanga and Steven Monjeza were arrested in December 2009 after they held a symbolic engagement ceremony. They were charged under the country's sodomy and indecency laws, and they were sentenced to 14 years in prison with hard labour. 

Following international pressure, Malawi's president reluctantly pardoned the couple. Chimbalanga and Monjeza split shortly after their release. 

The Dec 28, 2009 issue of Malawian newspaper The Nation. Pictured: Monjeza (left) and Chimbalanga (right).

 

(Note: Most media reports, including the PANA story linked above, continue to refer to the couple as "gay" and "two men." In an interview with the The Times, Chimbalanga, dressed in a blouse, told a reporter: "I am a woman." South Africa's Gender DynamiX has more.)

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After a meeting with the UN Secretary General on Saturday, Malawian President Bingu wa Mutharika has ordered the release of a queer couple jailed under the country's sodomy and indecency laws.

The president said the couple committed "a crime against our culture, our religion and our laws." More from the UK Telegraph:

"However, as the head of state I hereby pardon them and therefore ask for their immediate release with no conditions."

He added: "I have done this on humanitarian grounds but this does not mean that I support this."

On May 20, a judge in Malawi sentenced Steven Monjeza and Tiwonge Chimbalanga to 14 years in prison with hard labour. The two were arrested in December 2009 after they held a symbolic engagement ceremony. Monjeza and Chimbalanga were convicted of "unnatural acts" and "gross indecency." 

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• Harper's Malawi G20 meeting is a 'minimum', say opposition MPs
• Malawian couple sentenced to 14 years in prison 

Two Malawi gay men have been sentenced to 14 years in prison with hard labour, after being convicted of "gross indecency" and "unnatural acts."

The BBC has more on today's sentencing:

"Handing down sentence in the commercial capital, Blantyre, Judge Nyakwawa Usiwa-Usiwa told the pair: 'I will give you a scaring sentence so that the public be protected from people like you, so that we are not tempted to emulate this horrendous example.'" (read more at the BBC)

Steven Monjeza and Tiwonge Chimbalanga were arrested in December 2009 after they held a symbolic engagement ceremony. 

The International Gay and Lesbian Human Rights Commission says the ruling "is part of a broader pattern of mounting pressure and persecution on LGBT people by authorities in Malawi." Read more:

"This persecution has come from the highest levels of government. On April 23rd, President Bingu wa Mutharika reportedly denounced homosexuality as 'un-Malawian,' 'evil' and 'disgusting' and linked it to corruption, violence, theft and prostitution. Days later, on April 26th and again on the 27th, police appeared at a conference on the inclusion of lesbian, gay, bisexual and transgender (LGBT) populations in HIV/AIDS programming. Police demanded the names of conference organizers, seized copies of the conference program, and inquired about specific individuals believed to be in attendance. Police refused to present a warrant or justification for the intimidation."

Amnesty International has repeatedly called for the immediate and unconditional release of the two men, who have been held in custody since their arrest in December.

"Criminalization of individuals on the basis of their sexual orientation or gender identity is banned under treaties ratified by Malawi, including the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples' Rights," says an Amnesty press release.

Read more on Xtra.ca:

• Judge delays verdict in Malawian gay couple's case
• 'We only have two gays in Malawi': authorities
• Malawi won't back down on charges against gay couple
• Lawyers for gay Malawian men challenge ban on homosexuality
• Xtra reports from inside Uganda 

Two Malawian gay men arrested in December expected to hear a verdict in their case today, but the judge delayed his ruling and agreed to allow the defence to call witnesses, according to reports. 

From News24.com:

"Riot police escorted Steven Monjeza, 26, and Tiwonge Chimbalanga, 20, in handcuffs into the small courtroom, which was packed with gay activists, journalists and diplomats. Police pushed back a crowd of about 50 other people outside the court clamouring to get inside." (read more)

The case is expected to proceed in April, reports the BBC.

Monjeza and Chimbalanga held a symbolic engagement ceremony on Dec 26, 2009 and were arrested soon after. The two men were charged with "unnatural practices between males and gross public indecency," and they face up to 14 years in prison. The men have been held in custody since their arrest. 

The International Gay and Lesbian Human Rights Commission (IGLHRC) is calling for the release of the couple, and the repeal of Malawi's laws against homosexuality. The IGLHRC says the arrests, prolonged and arbitrary pre-trial detention, and the subsequent mistreatment of Monjeza and Chimbalanga while incarcerated — including being subjected to forced anal examinations to "confirm" sodomy charges — violate their rights under the Malawian Constitution.  

"This ruling is the most recent in a line of deeply troubling decisions and actions by the Malawian authorities in this case, including the decision to deny bail to Steven and Tiwonge, claiming that their continued incarceration is for their own safety," says the IGLHRC's Southern Africa Program staffer Chivuli Ukwimi.

Read more on Xtra.ca:

• Xtra reports from inside Uganda
• 'We only have two gays in Malawi': authorities
• Malawi won't back down on charges against gay couple
• Lawyers for gay Malawian men challenge ban on homosexuality 
  

A Malawian gay couple arrested in December will not have their case heard in constitutional court, reports Reuters.

In January, the couple's lawyers planned to challenge the arrest, arguing that it was "a violation of their rights to freedom of expression, conscience and expression as enshrined in our republican constitution." 

On Feb 22, Malawi's chief justice rejected the constitutional challenge. The trial will proceed at a lower court, and a verdict is expected on March 22, reports Reuters. 

Steven Monjeza and Tiwonge Chimbalanga held a symbolic engagement ceremony on Dec 26, and they were arrrested soon after. The two men were charged with "unnatural practices between males and gross public indecency," and they face up to 14 years in prison. 

Related:

• Xtra reports from Uganda
  
• 'We only have two gays in Malawi': authorities
  
• Malawi won't back down on charges against gay couple
  
• Lawyers for gay Malawian men challenge ban on homosexuality