LGBTQ rights in Malawi

LGBTQ rights in Malawi
Legal statusIllegal since 1891 (as British Central Africa Protectorate)
Penalty
  • Up to 14 years imprisonment, with or without corporal punishment for men;
  • Up to 5 years imprisonment for women (rarely enforced, repeal proposed)
Gender identityNo
MilitaryNo
Discrimination protectionsLimited protection against hate speech based on sexual preference and gender identity.
Family rights
Recognition of relationshipsNo recognition of same-sex unions
AdoptionNo

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Malawi face legal challenges not experienced by non-LGBTQ residents. Both male and female expressions of same-sex sexual activity are illegal within the nation. The Penal Code prohibits "carnal knowledge against the order of nature", attempts to commit "carnal knowledge against the order of nature", and acts of "gross indecency". Homosexuality among men is punishable by up to 14 years in prison in the country, while homosexuality among women is also punishable by up to five years in prison. There are no broad legal protections for LGBTQ rights in the country.

Malawi is a highly conservative country. There is no recognition of same-sex unions in the country. Homosexual activities are also illegal in Malawi. The maximum punishment for homosexuality among men is 14 years of imprisonment in the country, while the maximum punishment for homosexuality among women is five years of imprisonment, though rarely enforced.

In late December 2009, a trans woman, Tiwonge Chimbalanga, and a man, Steven Monjeza, were arrested after holding a traditional "engagement" party. On 18 May 2010, they were found guilty of having committed "unnatural offenses" and "indecent practices between males". On 29 May 2010, then President Bingu wa Mutharika pardoned both individuals.

On 26 June 2021, the country's first ever pride parade was held in Lilongwe, organised by the Nyasa Rainbow Alliance, with the 50+ attendees delivering a petition to the city's officials demanding marriage equality and better access to healthcare for LGBTQ people despite the country's anti-LGBTQ laws.