UN Member States Should Call on Malawi to End Torture Against LGBTIQ+ Persons

Mada (not his real name) was arrested and tortured by police officers in Malawi simply because they perceived him to be gay. While in detention, he was severely beaten and verbally abused by officers, solely on the basis of his presumed sexual orientation. Chisomo (not her real name), a transgender woman, was also arbitrarily arrested. At the police station, she was forced to undress in front of officers to “prove” her identity and was physically assaulted while being interrogated about who had “influenced” her to identify as gay. 

Mada and Chisomo’s experiences are not isolated. They reflect the lived reality of many LGBTIQ+ individuals in Malawi who are routinely subjected to torture, ill-treatment, and other human rights violations because of their actual or perceived sexual orientation or gender identity. These acts are a manifestation of deep-seated societal and institutional discrimination. 

Documentation gathered by the Centre for the Development of People (CEDEP), and nine national and community-based organisations across Malawi has revealed alarming and consistent patterns of violence and abuse against LGBTIQ+ individuals. These include torture and ill-treatment by State authorities, as well as threats, intimidation, extortion, and harassment.  

In a joint submission to the UN Human Rights Council’s  4th Universal Periodic Review of Malawi on 7 April 2025, REDRESS, CEDEP, and the nine Malawian organisations (Social Justice Foundation, Optimum Foundation, Angaza Foundation, Gender Collective, Community Health Rights Advocacy, Ask for Equality, Nyasa Rainbow Alliance, the Centre for Key Population Rights, and the Ivy Foundation) highlighted these abuses and called on the international community to act. The submission urges UN Member States to press Malawi to take concrete steps to prevent and address torture and ill-treatment against LGBTIQ+ persons, and to protect their rights under international human rights law. 

Despite its international commitments, Malawi has yet to criminalise torture in its domestic legal framework. The country remains without specific legislation that defines torture in line with the UN Convention against Torture, to which it is a party. Without a specific anti-torture law, acts of torture—such as those suffered by Mada and Chisomo—go unpunished. This legal vacuum makes it nearly impossible for survivors to seek justice, facilitates impunity for perpetrators, and fails to deter future violations. 

Given the structural discrimination entrenched in law enforcement and justice institutions, cases of torture and other forms of violence against LGBTIQ+ individuals are rarely, if ever, effectively investigated. Survivors are often too afraid to report abuses due to fear of retaliation, stigma, or further ill-treatment. As a result, they are denied justice, redress, and the support they need to heal. 

In our joint UPR submission, REDRESS, CEDEP, and our nine national partners call on UN Member States to urge Malawi to: 

  • Criminalise torture in line with international standards; 
  • End impunity for perpetrators of torture and other forms of violence against LGBTIQ+ persons; 
  • Ensure accountability, justice, and reparations for survivors; 
  • Protect and uphold the dignity and rights of all individuals, regardless of sexual orientation or gender identity.

Photo by Anete Lusina.