Pakistan Recognises HIJRA Third Gender

In the dying days of 2009, the Pakistani Supreme Court ordered the Federal Government to officially recognise hijra as a third gender. People who identify as hijra, which includes a diverse group of trans* and intersex people, will now be officially recognised by the Federal Government. The decision was made after appeals to the Supreme Court to have hijra placed as an official gender on national identity cards. All national identity cards, which are required for voting, had compulsory male or female sex identification, leaving those who don’t identify as male or female excluded from official government programs.

The ruling follows one in India in late 2009, when hijra was given official recognition for national identity cards for the purposes of voting. This ruling ensured that the Indian hijra community will now be included in all future elections. The Pakistani ruling however goes much further. Not only does it ensure that hijra is identified an official sex for voting purposes, but will place it on the national identity card for all purposes. Second to that, the Chief Justice also ruled that in the future that hijra’s rights of inheritance will be enforced and that harassment of hijra people from police will not be accepted. These two warnings are re-enforcements of already existing laws and were designed to ensure that these laws are not ignored in the future.

Malawi Prosecutes Gay Couple

“Unnatural acts” and “gross indecency”. They are the two charges given to couple Steven Monjeza and Tiwonge Chimbalanga in Malawi recently. The pair were arrested in late December after they participated in an engagement ceremony. Homosexuality is illegal in Malawi and if the couple are prosecuted they could face up to fourteen years in prison. After their arrest the couple were given medical tests to prove that they had had sex and were then denied bail by the court magistrate. The magistrate argued that denying bail was required for the couple’s own safety.

Homosexuality has been illegal in Malawi since the introduction of a law against ‘unnatural acts’ during British colonial times. This law has been enforced ever since independence and has rarely been challenged in mainstream political debate. However, queer rights activism is growing in Malawi, especially with the creation of the Human Rights charter in 1995 and the creation of a nationwide minority rights organisation, the Centre for the Development of People (CEDEP) in recent years. This organisation has helped build the queer movement in Malawi and is strongly defending Monjeza and Chimbalanga in their case.  The case has not been taken to trial at the writing of this, but will do so in the following months. It is unfortunately largely expected that this couple will be prosecuted, although it seems as though the fight for equality in Malawi is only getting bigger.

Pressure Builds on Uganda Over Anti-Homosexuality Bill

Pressure is building on Uganda over its proposed anti-homosexuality bill.The bill, which was introduced in April 2009, would prescribe death sentences or life imprisonment for homosexuals. It is expected to be voted on by late February or early March 2010.

When first introduced it looked certain to pass easily, but pressure has been building from a range of areas for the legislation to be dropped. Countries such as the UK, The United States, Canada and France have all publicly called for the bill to be dropped, whilst Sweden, who has close relations with Uganda, has stated that it will cancel all government aid if the bill is passed. The Australian Government, however, has not made any statements on the legislation. Religious and human rights organisations are also building a campaign on the legislation, with key groups involved in Uganda supporting queer activists throughout the country.

This pressure is having an effect. Recent months have seen the Ugandan President, Yoweri Museveni openly discuss revision of the bill, especially by dropping the death penalty. It is unclear however where this will lead, leaving Ugandan queers with an uncertain future.