Michael D Higgins (Galway West, Labour)
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Question 342: To ask the Minister for Foreign Affairs his views on the case of two gay men who have been jailed, separately, for a period of 14 years each in Malawi due to their sexual orientation, an abuse of human rights as set out in a number of international treaties; the action he will take on the matter; and if the fact that Malawi is a donor country of Ireland's will influence any decision to act taken by the Irish Government. [23247/10]

Brian O'Shea (Waterford, Labour)
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Question 344: To ask the Minister for Foreign Affairs the action he proposes to take in regard to a prison sentence that was handed down in Malawi (details supplied); and if he will make a statement on the matter. [23536/10]

Micheál Martin (Cork South Central, Fianna Fail)
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I propose to take Questions Nos. 342 and 344 together.

The Deputy will have seen the welcome news that on Saturday President Mutharika granted an unconditional pardon to Steven Monjeza and Tiwonge Chimbalanga, after meeting with UN Secretary General Ban Ki-moon. In a press conference announcing the pardon, the President stated that he had taken his decision on humanitarian grounds and that the law itself has not changed. I have been following the case of Steven Monjeza and Tiwonge Chimbalanga since the two men were first arrested. Our Embassy in Lilongwe, along with our EU partners, has been active in raising our concerns about the matter with the Government of Malawi throughout.

I want to emphasise in particular our very serious concern and dismay at the arrest, conviction and severe sentence imposed upon these men on account of their sexual orientation. The conviction was contrary to international human rights principles which Malawi has ratified. With our EU partners, we have called on the Government of Malawi to fulfil its commitments to the protection of the human rights of all individuals, irrespective of their sexual orientation. My colleague the Minister of State for Overseas Development, Peter Power, T.D., made a statement to this effect on 20 May and Ireland supports the similar statement made by High Representative Catherine Ashton on 21 May, which also refers to Malawi's commitments and obligations under international human rights law.

Malawi is one of the nine Programme Countries where Ireland has a commitment to long term strategic assistance. Our five year country programme focuses on nutrition and food security and support for good governance. These are targeted programmes and we do not provide general budget support. Ireland also supports civil society organisations working in Malawi, including those that engage in human rights work there.

We remain in constant contact with our Ambassador in Malawi and our concerns are being fully communicated to the Government of Malawi. The Deputy can be assured that we will continue to coordinate with our EU and international partners on this matter to impress upon the Government of Malawi the need for compliance with its own obligations under international human rights agreements.