Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Malawi face legal challenges not experienced by non-LGBTQ residents.

[citation needed] In late December 2009, a trans woman, Tiwonge Chimbalanga, and a man, Steven Monjeza, were arrested after holding a traditional "engagement" party.

[11] However, a high-level delegation of legal experts appointed by the International Bar Association's Human Rights Institute found in January 2012 that the MLC had not, in fact, been asked specifically to review these statutes.

[15] Attorney General and Minister of Justice Ralph Kasambara ordered police not to arrest LGBTQ individuals, pending a review from the National Assembly.

[20] The focus of the appeal is the case of three prisoners Amon Champyuni, Mathews Bello and Musa Chiwisi, who were convicted in 2011 and are serving sentences ranging from 10 to 14 years for practicing homosexuality.

In September 2016, President Peter Mutharika said that he "wants gay rights protected" and proposed a referendum on decriminalising homosexuality and legalising same-sex marriage.

Human rights lawyer Chrispine Sibande, however, argued in 2010 that discrimination is prohibited under Section 20 of the constitution,[28][29] which provides that "all persons are, under any law, guaranteed equal and effective protection against discrimination on grounds of race, colour, sex, language, religion, political or other opinion, nationality, ethnic or social origin, disability, property, birth or other status.

While the law was praised for raising the minimum age of heterosexual marriages from 16 to 18, it was at the same time condemned for the exclusion of homosexual couples and for its language stating that one's gender is assigned at birth.

The matter was eventually settled when Henderson asked his supporters to agree to the election of the Venerable Francis Kaulanda as bishop.

"[37] In July 2011, Undule Mwakasungula, the chairperson of the Human Rights Consultative Committee, and Gift Trapence, executive director of the Centre for Development of People, reportedly went into hiding after being threatened with arrest for treason.

"[38] Two months earlier, George Chaponda, Malawi's Justice and Constitutional Affairs Minister, claimed that recent withdrawals of foreign aid by various countries were the fault of Mwakasungula and Trapence.

"[39] The U.S. Department of State's 2011 human rights report found that,[40] An environment conducive to discrimination based on sexual orientation was created and maintained by senior government officials.

In October[,] the Malawi Council of Churches declared that the country needed aid, and millions of innocent citizens should not be penalized because same-sex sexual activity was outlawed.In February 2014, the Muslim Association of Malawi (MAM) called for gay people to be condemned to death, saying "the offenders need to be handed death penalty as a way of making sure that the issue is curbed".

[44][45] An October 2018 report by Human Rights Watch found that members of the LGBTQ community are vulnerable to arbitrary arrest, physical violence and discrimination.

The report recommends that same-sex consensual activity should be decriminalised in order to ensure that members of the LGBTQ community are better protected.

[48] In late December 2009, a trans woman, Tiwonge Chimbalanga, and a man, Steven Monjeza, were arrested after holding a traditional "chinkhoswe" (engagement ceremony) and then jailed separately in Blantyre.

He wrote, "From the totality of the documents that are before me, I have come to the conclusion that the criminal proceedings that are before the Chief Resident Magistrate Court do not expressly and substantially relate to or concern the interpretation or application of the Constitution.

"[50] On 18 May 2010, the defendants were found guilty of having committed "unnatural offenses" and "indecent practices between males" under the Malawi Penal Code.

[53][54] On 29 May 2010, then President Bingu wa Mutharika pardoned both individuals during a visit by Ban Ki-moon, the United Nations Secretary-General.

[5] A high-level delegation of legal experts appointed by the International Bar Association's Human Rights Institute conducted a fact-finding mission in Malawi in January 2012.

In a statement, Justice Minister Samuel Tembenu reaffirmed Malawi's moratorium on arrests and prosecutions for alleged violations of the country's anti-gay law.

[57][58][59][60] In April 2018, police arrested a man named Limbane Sibande in Mzuzu on suspicion of being gay and charged him with indecency.

The United Nations Human Rights Committee (UNHRC) in June 2012 made "provisional concluding observations" in the absence of Malawi's report.

[Malawi] ... should amend its Penal Code to decriminalize homosexuality between adults of both sexes, and conduct awareness-raising campaigns to educate the population on this issue.

Sweden recalled Malawi's ratification of the International Covenant on Civil and Political Rights as well as the basic principle of non-discrimination, which also underpinned the African Charter on Human and Peoples' Rights and the Universal Declaration of Human Rights.Sweden recommended that Malawi,[69] Fulfill its obligations under international human rights law and review its national legislation, as a matter of urgency, to decriminalize same-sex relationships and prohibit discrimination on any grounds, including sexual orientation.Mexico recommended that Malawi,[70] Completely overhaul the legal system to ensure the compliance of the Constitution and all other domestic legislation with international human rights obligations and standards and, in this regard, amend and/or derogate all legal provisions, including customary law, which result in discrimination, especially on the basis of sexual orientation.France recommended that Malawi,[71] Put in place a moratorium on convictions for same-sex relationships and, over time, decriminalize homosexuality in order to fully apply the principle of equality and non-discrimination among all persons.Canada,[72] Germany,[73] Australia,[74] the United Kingdom,[75] Italy,[76] Austria,[77] Ireland,[78] and Luxembourg[79] generally recommended that Malawi reform its Penal Code to end discrimination, hostility, and violence against people based on their sexual orientation or gender identity.

The United States,[80] commended Malawi for progress in aligning its national legislation with some international human rights conventions, but was concerned by the criminalization of homosexual activity.

It noted that it viewed the decriminalization of homosexuality as integral to the continued protection of universal human rights in Malawi, and crucial to the urgent need to fight the spread of HIV/AIDS.

Malawi had been a British protectorate, and when it had gained its independence, it had adopted all the laws then in force, including that regarding unnatural acts.