[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 1335 Introduced in House (IH)]

111th CONGRESS
  2d Session
H. RES. 1335

  Calling on the Government of the Republic of Malawi to respect the 
   fundamental human rights of its citizens, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 6, 2010

    Mr. Kirk (for himself and Ms. Baldwin) submitted the following 
   resolution; which was referred to the Committee on Foreign Affairs

_______________________________________________________________________

                               RESOLUTION


 
  Calling on the Government of the Republic of Malawi to respect the 
   fundamental human rights of its citizens, and for other purposes.

Whereas the 2009 United States Department of State Human Rights Report on Malawi 
        found that ``societal violence and discrimination based on sexual 
        orientation occurred'' and stated that ``approximately 34 percent of gay 
        men in the country had been blackmailed or denied services such as 
        housing or healthcare due to their sexual orientation'';
Whereas high levels of stigma and discrimination, exclusionary policies, and 
        harsh criminal penalties against sexual conduct by consenting adults 
        constitute a fundamental human rights violation and also discourage 
        individuals from accessing needed health services or disclosing their 
        sexual activities to healthcare providers, thereby perpetuating the fear 
        and silence that seriously impede global efforts to reduce incidence of 
        HIV infection;
Whereas, on December 28, 2009, Mr. Tiwonge Chimbalanga and Mr. Steven Monjeza, 
        citizens of the Republic of Malawi, were arrested by the Malawian 
        authorities on charges of ``committing acts of gross indecency with 
        another male person'';
Whereas Mr. Chimbalanga and Mr. Monjeza remain imprisoned and have been 
        repeatedly denied bail, while reports indicate that Mr. Monjeza's health 
        has drastically deteriorated during the prolonged detention;
Whereas, on January 6, 2010, Amnesty International declared Mr. Chimbalanga and 
        Mr. Monjeza ``prisoners of conscience'' and called for their immediate 
        and unconditional release;
Whereas, on April 1, 2010, Human Rights Watch, in a letter to the Government of 
        Malawi, called ``for the dropping of all charges and release of 
        Chimbalanga and Monjeza''; and
Whereas article 7 of the International Covenant on Civil and Political Rights 
        (ICCPR), to which Malawi is party, declares that ``no one shall be 
        subjected to torture or to cruel, inhuman or degrading treatment or 
        punishment'', while the fundamental principle of nondiscrimination, as 
        enshrined in article 2(1) and article 26 of the ICCPR, extends to all 
        citizens, regardless of sexual orientation or gender identity: Now, 
        therefore, be it
    Resolved, That the House of Representatives--
            (1) calls for an immediate release of Mr. Tiwonge 
        Chimbalanga and Mr. Steven Monjeza in accordance with 
        international law and on humanitarian grounds;
            (2) urges the Government of the Republic of Malawi to 
        urgently address the pervasive violation of human rights in 
        Malawi and the criminalization of conduct by consenting adults; 
        and
            (3) encourages the Secretary of State to closely monitor 
        human rights abuses in Malawi that occur based on sexual 
        orientation and to encourage the release of those individuals 
        detained solely on the basis of sexual orientation.
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