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Malawi Constitutional Court considers LGBTQ, intersex rights cases

Homosexuality remains criminalized in African country

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(Bigstock photo)

Malawi’s LGBTQ and intersex community is awaiting for the outcome of two cases currently before the Constitutional Court that could see the legalization of same-sex sexual relations in the country.

The Constitutional Court is currently considering two cases that Wim Akster, a Dutch national, and Jana Gonani, a local transgender woman from Mangochi, brought in order to acknowledge the rights of the LGBTQ and intersex community.

The Constitutional Court on Monday began to hear arguments brought in by the duo’s lawyers as well as state prosecutors. The cases have been adjourned to Aug. 28.

Several religious leaders — including Muslim and Christian — as well as government officials took to the streets of Blantyre, where the cases are being heard, before the hearings began and demonstrated against the legalization of same-sex marriages.

Three local LGBTQ and intersex rights activists during a Zoom meeting that Victor Mukasa, a Malawian human rights activist organized, condemned the demonstrations that were still taking place on Tuesday. The activists said they were sending the wrong narrative to the general public.

“Do they really understand the outcry of LGBT people? We are trying to have an inclusive environment. All these demonstrations have caused panic because all of the LGBT community in Malawi has been pushed back, way back to the primitive laws where they cannot now access amenities. So, my worry now is whatever is happening right now has the hand of the government behind it,” said Solum Ntogolo, a program officer for the Center for Development of People.

Eric Sambisa, director of Nyasa Rainbow Alliance, noted the Malawi Human Rights Commission and other human rights organizations remain silent. He also said LGBTQ and intersex Malawians cannot seek protection in the country and pointed out even the country’s media is against them. 

“We don’t have any funding to inform the public about this case because the case before the court is not about the legalization of same-sex marriages but about human rights issues, being accorded the same rights like every citizen,” said Sambisa. “Furthermore, we are going through a difficult time because accessing social amenities is now very difficult. Even the police are not attending to our cases. Our offices were ransacked last month by unknown assailants and the police are not doing anything even us activists we are being attacked.” 

Ousman Kennedy, a lawyer and human rights activist, said he only wanted to comment on the facts presented in the cases.

“We can’t comment on the case itself but I will comment on the facts,” said Kennedy. “The first case is about a trans woman who was arrested in 2021 September in Mangocha. She went through an unconsented genital verification exercise by a male officer in Mangocha. She was also placed in a male cell and sent to a hospital to confirm whether she was mentally challenged as identifying as trans was a sign of insanity in the eyes of the police and the second case is about acknowledging the rights of the LGBTQ+ community. So, it’s about constitutional violation because the constitution guarantees the right of liberty to everyone.” 

“Moreover, what happens between two people in their personal or private space should not be the business of the state,” he added. “The state has serious issues to deal with such as corruption and other pertinent issues like the fuel crisis, not dealing with things that concern the general public. What is happening to the LGBTQ+ community in Malawi is unconstitutional.” 

Kennedy also said the demonstrations that have been taking place show the government is against the LGBTQ and intersex community.

“We were surprised to see the Information Minister being part of the religious demonstrations what kind of message is it sending to the people? So to us, the government is supporting these religious leaders,” he said.

Malawian law currently criminalizes consensual same-sex sexual relations with up to 14 years in prison.

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Egypt

Egyptian authorities refuse to allow gay cruise to dock in country

Scarlet Lady earlier this week blocked from visiting Turkey

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Alexandria, Egypt (Photo by javarman/Bigstock)

Egyptian authorities have refused to allow a gay cruise to dock in the country.

The Scarlet Lady, a Virgin Voyages ship that Atlantis Events chartered, was to have docked in Alexandria, a port city on the Mediterranean Sea. The Washington Blade obtained a letter that Atlantis Events President Rich Campbell sent to passengers on Thursday, hours before the cruise was to have arrived.

“Early this morning, we were informed that Scarlet Lady has been denied entry into Egyptian waters and, as a result, will no longer be able to call in Alexandria today,” he wrote.

“I know how much this visit meant to so many of you,” added Campbell. “We successfully sailed a similar itinerary last year, so we were surprised by this unfortunate decision.”

Campbell noted “both the Atlantis and Virgin Voyages teams worked tirelessly to make this call in Alexandria a possibility.”

“This news came as a surprise to all of us, and we’re just as disappointed as you are,” he said.

The 10-day cruise left Athens on July 5. It is scheduled to end in Trieste, Italy, on July 15.

The ship had been scheduled to dock in Kusadasi, a Turkish resort town on the Aegean Sea, and Istanbul earlier this week. Turkish authorities refused to allow it in the country.

Former Tempe, Ariz., Mayor Neil Giuliano, who is an LGBTQ+ Victory Institute board member, is among those on the cruise.

“Just a few hours before arriving in Alexandria, Egypt — a city founded by and named for one of the ancient world’s best-known homosexuals — government authorities rescinded permission for our ship of 2,000 gay men to enter Egypt,” wrote Steve May, who is also on the ship, on Thursday in a Facebook post.

Alexander the Great founded Alexandria in 331 B.C.

“As with Turkey, we have been sent away not because of what we did, but because of who we said we are,” said May. “‘I am what I am’ is too much liberty for some to bear. So it was in the United States as well not long ago, where even I ended up as a convicted homosexual after a military trial in 2001 for saying ‘I am gay.’ This is just a reminder that for all the progress we have made, our freedom is never secure — for any of us, regardless of who or how we love. Back to Europe!”

Discrimination and persecution based on sexual orientation and gender identity is commonplace in Egypt. The Egyptian Football Association, along with the Football Federation Islamic Republic of Iran, objected to playing in the World Cup’s “Pride Match” that took place in Seattle on June 26.

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Egypt

Iran, Egypt play in World Cup ‘Pride Match’

FIFA allowed Pride flags inside Seattle stadium

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(Screen capture via KOMO News/YouTube)

Iran and Egypt on Friday faced off during the World Cup’s “Pride Match” in Seattle.

Iran is among the handful of countries in which consensual same-sex sexual relations remain punishable by death. Discrimination and persecution based on sexual orientation and gender identity is commonplace in Egypt.

Friday’s match coincided with Pride weekend in Seattle. The Egyptian Football Association and the Football Federation Islamic Republic of Iran both objected to playing in the “Pride Match.”

Egypt and Iran tied 1-1.

FIFA, for its part, allowed Pride flags inside the stadium during the match.

“The FIFA World Cup 2026 is an inclusive event that welcomes people from all backgrounds,” a FIFA spokesperson told the Washington Blade in a statement. “Fans of all sexual orientations and gender identities are welcome at matches and events. General statements of human rights, including rainbow flags and other flags representing sexual orientation and gender identity, are permitted under the FIFA World Cup 2026™ Stadium Code of Conduct and may be displayed inside stadiums provided they are used in a manner consistent with the code.”

Human Rights Watch welcomed FIFA’s decision to allow Pride flags inside the stadium. Outright International, a global LGBTQ and intersex rights group, distributed Pride flags in Seattle on Friday, which was Pride Match Day.

“Visibility matters,” said Outright International Executive Director Maria Sjödin. “Pride is now being celebrated in more than 100 countries, including this weekend in Seattle. For many LGBTIQ people, seeing a Pride flag in public is a reminder that they are not alone, and that their rights and dignity are recognized.”

FIFA President Gianni Infantino earlier this year told Die Weltwoche, a Swiss magazine, that “there will be no ‘Pride Match’ at the (FIFA) World Cup.”

“There will be a FIFA World Cup match in Seattle, and on the same day, events organized by external organizations will be taking place in the city,” said Infantino. “But that has nothing to do with the match itself.”

Peter Tatchell, a long-time LGBTQ activist from the U.K. who is director of the Peter Tatchell Foundation, was among those who traveled to Seattle for Friday’s match. Tatchell accused FIFA of not vetting World Cup teams — specifically Iran, Egypt, Saudi Arabia, Ghana, Senegal, Qatar, Tunisia, Morocco, Iraq, Uzbekistan, and Algeria — over whether they would allow gay players.

“FIFA is protecting LGBT+ visibility in the stands while failing to protect LGBT+ players on the pitch,” said Tatchell.

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South Africa

White House to end PEPFAR funding for South Africa

State Department says country failed to respond to 2025 executive order demands

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(Photo by Rarraroro via Bigstock)

The Trump-Vance administration will end PEPFAR funding for South Africa.

A State Department spokesperson on Wednesday told the Washington Blade the State Department “will begin a phased drawdown of PEPFAR programming in South Africa, with most programs ending by Sept. 30, 2026, and critical personnel support continuing through March 31, 2027.”

Semafor last week reported South Africa has received more than $8 billion in PEPFAR funding since President George W. Bush created the program to combat the global HIV/AIDS pandemic in 2003.

President Donald Trump on Feb. 7, 2025, issued an executive order that addressed what it described as “egregious actions of the Republic of South Africa.” The State Department spokesperson with whom the Blade spoke noted the directive included five specific requests:

• South African government provides exemptions or alternatives for U.S. companies to Broad-Based Black Economic Empowerment laws and other race-based mandates. 

• Senior government officials (e.g., president, deputy president, or minister of justice) unequivocally condemn all race-based incitement to violence, including the “Kill the Boer” song, more frequently. 

• The South African government prevents the implementation of measures that would allow expropriation without fair compensation and due process under the Expropriation Act of 2024. 

• South African Police Service designates rural crime a “priority crime” and increases resources dedicated to high-crime rural areas. 

• South Africa refrains from actions that would significantly interfere with the implementation of the refugee program, within the confines of South African law. 

“The United States communicated to the government of the Republic of South Africa multiple times at many levels that PEPFAR funding was likely to be terminated in the absence of progress on the five asks,” said the State Department spokesperson.

The State Department spokesperson further noted South Africa is “one of the largest economies in sub-Saharan Africa” and “has funded the vast majority of its own HIV response, estimated at 76 percent of the total, including procurement of all treatment commodities.”

“South Africa will continue to be supported by the Global Fund, including for the introduction and scale up of lenacapavir through Global Fund Resources,” the spokesperson told the Blade.

Lenacapavir is groundbreaking HIV prevention drug that users inject twice a year. Eswatini, which borders South Africa, is among the African countries that have received doses of the drug through PEPFAR.

HIV/AIDS service organizations in the U.S. and around the world have sharply criticized the Trump-Vance administration over plans to not fully fund PEPFAR and to cut domestic HIV/AIDS funding.

Secretary of State Marco Rubio shortly after the current White House took office issued a waiver that allowed PEPFAR and other “life-saving humanitarian assistance” programs to continue to operate during a freeze on nearly all U.S. foreign aid spending. HIV/AIDS service providers around the world with whom the Blade has spoken say PEPFAR cuts and the loss of funding from the U.S. Agency for International Development, which officially closed on July 1, 2025, has severely impacted their work.

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