This story by Edwin Nyirongo, which The Nation originally published on 24 October 2024, is part of a series produced with support from the Arcus Foundation and the National Endowment for Democracy.

Next September, Malawi will hold elections for president, members of Parliament (MPs), and councillors. Official campaigning will only start in June, but unofficial canvassing has already begun, which is worrying the LGBTQ community.

John (not his real name) from the lakeshore district of Mangochi, is a close friend of Jana Gonani, a transgender woman and sex worker who is serving an eight-year sentence at a men’s prison for “false pretense” in presenting herself as a woman and for committing an “unnatural offence” contrary to Section 153 of the Penal Code.

Section 153 reads: Any person who (a) has carnal knowledge of a person against the order of nature; or (b) has carnal knowledge of an 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.

While the law itself frightens John, he said he is more worried about politicians reminding constituents that it exists.

“Sometimes people forget we have such laws. When politicians talk about them during campaigns, we are doomed,” he said. “It is a relief that government has cooled on homosexuals, but since they want votes, they will come back.”

John is referring to a 2012 government decision that imposed a moratorium on enforcing Malawi’s anti-homosexuality laws.

Despite the moratorium, Centre for the Development of People (Cedep) executive director Gift Trapence says LGBTQ people in Malawi are still being arrested, threatened, and harassed.

In June, Gonani and another man convicted under Section 153 Dutch national Jan Willem Akster went to court to challenge the constitutionality of Malawi’s anti-homosexuality laws.

The Constitutional Court ruled that Penal Code sections 153, 154, and 156 remain constitutional. The three-panel judges went on to say that if people are dissatisfied with the laws, they should lobby their MPs to change them.

John attended a political rally in Mangochi the next month.

“When I went there, I expected to hear what they would do for the area. To my surprise, they talked about the LGBTQ community. They said homosexuality is foreign and that if there are some practising it, they should either be dealt with or chased from the area. I immediately left,” John said.

Michael Kaiyatsa, executive director of the Malawian NGO Centre for Human Rights and Rehabilitation (CHRR), says the fate of Malawi’s LGBTQ community remains precarious as the general election approaches, especially after the Constitutional Court ruling that upheld the crimimalisation of same-sex relations.

Kaiyatsa said religious leaders are further imperilling the LGBTI community.

“Before the Constitutional Court case, they organised large anti-LGBTQ demonstrations, intensifying societal stigma and pressuring judges to adopt regressive legal positions,” he said of Christian and Muslims demonstrations against same-sex marriage in July 2023. “This public sentiment creates a hostile environment for LGBTI individuals, particularly during election campaigns when populist rhetoric often exploits these views for political gain.”

Drawing on his experience of past elections, Kaiyatsa predicts Malawi will see an increase in cases of abuse, violence, and discrimination based on people’s real or perceived sexual orientation or gender identity. His prediction underscores the urgent need for vigilance and advocacy.

“Politicians must understand that upholding human rights for all—especially marginalised groups—is essential for fostering a just society. As we move forward, the call for inclusive policies and respect for diversity must be prioritised in political discourse,” Kaiyatsa said.

Kaiyatsa added that the Constitutional Court’s suggestion that people lobby to change the laws strikes as disingenuous.

“Given the current societal attitudes towards LGBTQ issues, many MPs would be hesitant to support such law reforms due to fears of public backlash or losing their seats,” he said. “This creates a significant barrier for meaningful change as MPs often prioritise their constituents’ views, which, at the moment, do not align with the need for progress on these issues. So while lobbying is theoretically possible, the political climate makes it quite challenging.”

Leaders at Nyasa Rainbow Alliance (NRA), an organisation based in Blantyre that fights for equal rights for the LGBTQ community, said they have every reason to be afraid of the upcoming elections.

“The concerns of the LGBTQ community regarding the upcoming elections are valid, especially given that their issues have frequently been politicised in Malawi,” said Eric Sambisa, NRA’s executive director. “Politicians may exploit conservative attitudes toward the community to gain support, creating fear and fostering an environment of hostility. The LGBTQ community already faces significant stigma and discrimination, and using them as a campaign talking point may exacerbate the situation.”

Sambisa noted widespread misinformation regarding the outcome of the Constitutional case on LGBTQ rights, which adds to existing tensions. He called on the government to put in place protective measures to ensure that all communities, including the LGBTQ population, can participate in the voting process and have the opportunity to run for office without fear or discrimination.

“The current design of the electoral process excludes some members of the population as it only recognises male and female categories, leaving out individuals who do not fit into these binary gender definitions. This creates barriers to their registration and participation, which must be addressed to ensure an inclusive and fair election,” he said.

Father Martin Kalimbe of the Anglican Church in Blantyre says the LGBTQ community can only be safe if people love one another. He said only God can judge, and the church’s role is to embrace everyone.

“The threat is real,” Kalimbe said of the dangers next year’s elections pose for gender and sexual minorities in Malawi. “The LGBTQ community has been used as a scapegoat to score political goals by politicians all over the world. Religious leaders need to preach about embracing diversity, politics of inclusion, and co-existence. We were all created in the image of God, and no one should be discriminated and stigmatised because of his sexual orientation, which is a God-given gift. Everyone should be respected.”

Spokesperson for the Malawi Electoral Commission (MEC) Sangwani Mwafulirwa said he has not received any complaints from the LGBTQ community, and that they are guaranteed their right to vote.

“As we move towards elections, all eligible voters are assured of their right to participate. This will be protected and preserved within the laws of Malawi. Any violation should be reported to appropriate authorities,” Mwafulirwa said.