UN condemns dismissal of Msonda’s case

Jan 22, 2016 National 403
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Malawi24
Ken Msonda

…says it encourages attacks on gays

The United Nations High Commissioner for Human Rights has expressed regrets with the dismissal of People’s Party Spokesperson, Ken Msonda’s case on his remarks about homosexuals in the country.

In a statement released today through its spokesperson, Rupert Colville, United Nations High Commissioner for Human Rights has described Msonda’s statement as a threat to the gay and lesbian community in Malawi.

Ken Msonda
Msonda: dismissal of his case has irked UN.

“We are concerned by recent developments in Malawi, where the spokesperson of one of the country’s main political parties recently described gay and lesbian people as “worse than dogs” and called for them to be killed.

“We are concerned that the failure to prosecute this case sends a dangerous message that inciting others to kill gay people is legitimate and will be tolerated by the authorities – in effect encouraging violent threats and attacks on the gay and lesbian community in Malawi,” says the U.

The UN also reminded government that in May 2015 it accepted a recommendation under the Human Rights Council’s Universal Periodic Review, here in Geneva, to “take effective measures to protect lesbian, gay, bisexual, transgender and intersex (LGBTI) persons from violence, and prosecute the perpetrators of violent attacks.

The statement further says the government of Malawi has a responsibility, enshrined in international human rights law, to protect all individuals from hatred and violence based on their sexual orientation and gender identity, and to hold to account anyone who either engages in such violence or incite others to do so. We urge the government to meet its responsibilities in this regard.
Msonda’s statements were made, earlier this month on his personal Facebook page and repeated in media interviews.

Mr Msonda was subsequently charged under section 124(1)(b) of the Penal Code, which makes it a criminal offence to incite others to break the law. He was due to appear before the Blantyre Magistrate Court today on 22 January after a criminal case was initiated by two civil society organizations, Cedep and CHRR.

Yesterday (21 January) the Director of Public Prosecutions filed a notice before the Chief Magistrate’s Court to discontinue the case, underlining that the State will not prosecute Msonda.