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 vi-
olence and discrimination based on sexual orientation oc-
curred’’ 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, exclu-
sionary policies, and harsh criminal penalties against sex-
ual conduct by consenting adults constitute a funda-
mental human rights violation and also discourage indi-
viduals from accessing needed health services or dis-
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closing their sexual activities to healthcare providers, 
thereby perpetuating the fear and silence that seriously 
impede global efforts to reduce incidence of HIV infec-
tion; 
Whereas, on December 28, 2009, Mr. Tiwonge Chimbalanga 
and Mr. Steven Monjeza, citizens of the Republic of Ma-
lawi, were arrested by the Malawian authorities on 
charges of ‘‘committing acts of gross indecency with an-
other male person’’; 
Whereas Mr. Chimbalanga and Mr. Monjeza remain impris-
oned and have been repeatedly denied bail, while reports 
indicate that Mr. Monjeza’s health has drastically dete-
riorated during the prolonged detention; 
Whereas, on January 6, 2010, Amnesty International de-
clared Mr. Chimbalanga and Mr. Monjeza ‘‘prisoners of 
conscience’’ and called for their immediate and uncondi-
tional 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, de-
clares 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, ex-
tends to all citizens, regardless of sexual orientation or 
gender identity: Now, therefore, be it 
Resolved, That the House of Representatives— 
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(1) calls for an immediate release of Mr. 
Tiwonge Chimbalanga and Mr. Steven Monjeza in 
accordance with international law and on humani-
tarian 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 re-
lease of those individuals detained solely on the basis 
of sexual orientation. 
Æ 
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