UNAIDS has welcomed a decision by the authorities in Malawi not to pursue sodomy charges against two men arrested on allegations that they had sexual relations. UNAIDS has also applauded the government’s decision to maintain a moratorium on arrests and prosecutions for consensual homosexual acts.
Police charged the two men at the beginning of December after they were arrested in the capital, Lilongwe. They were released on bail while waiting to hear if they would face trial. The news that there would be no further action was also commended by civil society activists, human rights defenders and development partners.
Criminalization, violence, stigma and discrimination increase the risk of HIV exposure for men who have sex with men and other key populations in Africa and beyond. They also act as a barrier to key populations accessing HIV prevention, testing and treatment services. Ending the AIDS epidemic by 2030 will require all countries to create an enabling and protective environment for everyone, including for people most affected by HIV.
The confirmation of the moratorium on arrests and prosecutions for same-sex relations in Malawi comes several months after a new Penal Code came into force in Mozambique which officially decriminalized same-sex relations in that country.
