Moving beyond the politization of same sex sexuality and leveraging right to health to counter inter-personal sexual violence and HIV in Malawi’s prisons.

• Published in: Forensic Science International: Mind and Law
• Main Authors: Van Hout, MC, Kaima, R, Mhango, V, Mariniello, T
• Format: Article in Journal/Newspaper
• Language: English
• Published: Elsevier 2022
• Subjects: HV Social pathology. Social and public welfare. Criminology; K Law (General); RA0421 Public health. Hygiene. Preventive Medicine; KL Asia and Eurasia; Africa; Pacific Area; and Antarctica; HV8301 Penology. Prisons. Corrections; Pacific; Penal; Antarc*; Antarctica
• Online Access: http://researchonline.ljmu.ac.uk/id/eprint/17380/; https://researchonline.ljmu.ac.uk/id/eprint/17380/10/Moving%20beyond%20the%20politization%20of%20same%20sex%20sexuality%20and%20leveraging%20right%20to%20health.pdf; https://doi.org/10.1016/j.fsiml.2022.100103

Sexual minority rights in contemporary Africa is a contentious issue, where in some countries, same-sexuality is portrayed by media and politicians as “un-African” and a “white disease” imported from the West. Samesex sexual activity is criminalised in 31 African countries. Political, legal and religious frameworks exacerbate homophobic attitudes, and related discrimination and hate crimes toward individuals who identify as lesbian, gay, bisexual or transgender (LGBT). We focus here on the rights of people in prison to protection from harm (same-sex sexual violence and sexually transmitted diseases), and who (in many African countries) are ignored in national HIV prevention programming. Prison conditions in Africa are harsh and congested, with inadequate basic needs provisions and this fuels exposure of the vulnerable to sexual violence and engagement in survival sex. HIV rates in prisons are also disproportionately higher than in the community. We present a socio-legal assessment on Malawi where same-sex sexual behaviours are criminalised. The assessment highlights how inmates’ exposure to sexual violence is invisible in political, legal, human rights and public health/HIV agendas in Malawi. Notwithstanding that the Malawi Penal Code and Prison Act prohibits same-sex sexual activity, there are enormous complications with victim disclosure, as claims of rape infer that sodomy has occurred, resulting in victim arrest. We focus here on tackling sexual violence and HIV, and advocate for broad based torture prevention initiatives in prisons to protect the vulnerable from inter-personal sexual violence, and consequent acquisition and onward transmission of HIV. The voices of people in prison in Malawi are regrettably still kept out of societal and public health discourses.