IV 

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 disVerDate Mar 15 2010 00:01 May 07, 2010 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6300 E:\BILLS\HR1335.IH HR1335

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•HRES 1335 IH 

closing 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 

1 Resolved, That the House of Representatives— 


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•HRES 1335 IH 

1 (1) calls for an immediate release of Mr. 

2 Tiwonge Chimbalanga and Mr. Steven Monjeza in 

3 accordance with international law and on humani4 tarian grounds; 

5 (2) urges the Government of the Republic of 

6 Malawi to urgently address the pervasive violation of 

7 human rights in Malawi and the criminalization of 

8 conduct by consenting adults; and 

9 (3) encourages the Secretary of State to closely 

10 monitor human rights abuses in Malawi that occur 

11 based on sexual orientation and to encourage the re12 lease of those individuals detained solely on the basis 

13 of sexual orientation. 

Æ 


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