LGBT Rights in Ntcheu
District

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History

Homosexual activity in Ntcheu

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Homosexual activity in Ntcheu is illegal (imprisonment as punishment).

Current status
Since Feb 8, 2011
Illegal (imprisonment as punishment)
In 2011, Malawi amended its articles that criminalize homosexuality between men to also include sex between women. The punishment is a maximum of fourteen years in prison with corporal punishment.

In June of 2024, Malawi's Constitutional Court upheld the laws that criminalize homosexuality after a challenge was made.
1960–Feb 7, 2011
Male illegal, female legal
In 1960, English criminal law was imposed on Malawi, thereby criminalizing homosexuality. The punishment is a maximum of fourteen years in prison with corporal punishment.

Same-sex marriage in Ntcheu

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Same-sex marriage in Ntcheu is banned.

Current status
Since Apr 17, 2015
Banned
In April of 2015, Malawi’s Marriage, Divorce and Family Relations Law came into effect. The law, among other things, prevents gay marriages from receiving any recognition. It also defines marriage and co-habiting relationships as between a man and a woman.

The law also criminalises heterosexual relationships between transgender and cisgender people of the opposite gender by determining gender as the sex assigned at birth.

Censorship of LGBT issues in Ntcheu

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Censorship of LGBT issues in Ntcheu is no censorship.

Current status
Since Feb 8, 2011
No censorship
In Malawi, there are no laws restricting the discussion or promotion of LGBTQ+ topics since the 2011 repeal of a law prohibiting "men from having long hair."
1973–Feb 7, 2011
Imprisonment as punishment
In 1973, President Hastings Banda implemented a reform to the Penal Code which added a clause to Section 180 against idle persons. The clause explicitly prohibited men from wearing long hair. While often viewed as a response to the growing hippy movement, the law has in practice also been used to persecute transgender women, who are denied legal gender recognition, who decide to grow their hair long to express their gender. The law would be repealed in 2011.

Right to change legal gender in Ntcheu

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Right to change legal gender in Ntcheu is illegal.

Current status
Since Apr 17, 2015
Illegal under federal Malawi law
Trans Malawians have been denied recognition since the Marriage, Divorce and Family Relations Act in 2015, which determines sex as being the gender assigned at birth. They also face criminalisation under laws against cross-dressing.
Jan 14, 2010–Apr 16, 2015
Legal, but requires surgery under federal Malawi law
National Registration Act 13 of 2010 :
Section 20(1) provides that where a change in particulars of a registered
person materially affect his registration, the district registrar shall record
the change and notify the Director of the circumstances and recommend
that the person be issued with a new identity card.
Section 21(1) provides that every registered person may, when he is
satisfied that his appearance has changed so as to make it likely that his
identity may be questioned, apply to the district registrar for the issue of
a new card with a more recent photograph.
Until Jan 13, 2010
Illegal under federal Malawi law
Until 2010, there was no legal gender recognition provided in Malawi.
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Gender-affirming care in Ntcheu

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Gender-affirming care in Ntcheu is banned.

Current status
Banned
Gender affirming care is not provided in Malawi. Trans Malawians often self-medicate as a result.

Legal recognition of non-binary gender in Ntcheu

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Legal recognition of non-binary gender in Ntcheu is not legally recognized.

Current status
Not legally recognized
There is no legal recognition of non-binary identities.
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LGBT discrimination in Ntcheu

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LGBT discrimination in Ntcheu is illegal in some contexts.

Current status
Since 2019
Illegal in some contexts
The Constitution of Malawi purports to protect all citizens from all forms of discrimination, however it does not refer to gender identity or sexual orientation as protect categories, and the LGBT community in Malawai continues to face discrimination.

However, since 2019, there is limited protection based on gender identity and sexual preference.

The Communications (Broadcasting) Regulations 2019, defines "hate messages" as a speech intended to degrade, intimidate or incite violence or prejudicial action against a person or group of people base on their gender identity, among other categories. Section 11(1-e) states that "a broadcasting licence shall not broadcast programmes which contain, promote or perpetuate hate messages or any prejudices against any person or groups of people."

Section 30(2-d) states a licensee, or its employee, shall not broadcast live any matter which "is likely to incite or perpetuate hatred or vilify any person or section of the society on account of race, ethnicity, nationality, gender, sexual preference, age, disability, religion, culture or any other status of that person or section of the society."
Sources:
malawilii.org/akn/mw/act/19…
www.hrw.org/news/2018/10/26…

The Communications (Broadcasting) Regulations 2019:
malawilaws.com/StatutesActp…

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LGBT employment discrimination in Ntcheu

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LGBT employment discrimination in Ntcheu is no protections.

Current status
No protections
The Employment Act does not mention sexual orientation or gender as a protected category.
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LGBT housing discrimination in Ntcheu

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LGBT housing discrimination in Ntcheu is no protections.

Current status
No protections
LGBT Malawians are not protected from housing discrimination.
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Same-sex adoption in Ntcheu

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Same-sex adoption in Ntcheu is unknown.

Current status
Unknown

Intersex infant surgery in Ntcheu

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Intersex infant surgery in Ntcheu is not banned.

Current status
Not banned
There is no ban on intersex infant surgery in Malawi. However, there were also no reports of it taking place.
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Serving openly in military in Ntcheu

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Serving openly in military in Ntcheu is illegal.

Current status
Illegal
Homosexuality is illegal.
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Blood donations by MSMs in Ntcheu

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Blood donations by MSMs in Ntcheu is legal.

Current status
Legal
Homosexual activity is illegal in Malawi but the Malawi Blood Transfusion Service (MBTS) does not directly address MSMs in their donor criteria, leaving no ban in place.
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Conversion therapy in Ntcheu

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Conversion therapy in Ntcheu is not banned.

Current status
Not banned
Conversion therapy is not banned in Malawi but there is limited information on its scope.
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Equal age of consent in Ntcheu

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Equal age of consent in Ntcheu is n/a.

Current status
N/A
Not applicable since same-sex relationships are illegal.
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