“Homosexuality is un-African:” A contemporary analysis of human rights consequences of being LGBTI in Africa

1. “Homosexuality is un-African:” A contemporary analysis of human rights consequences of being LGBTI in Africa Professor Allister Butler North West University South Africa International conference on Human Rights Education (Parramatta, Australia) 4-6 November 2010

2. Overview

3. CONTEXT • Explore the exponential rise in homophobic hate crimes in South Africa (and throughout Africa) • Assess the human rights and social justice concerns for LGBTI populations in Africa • Focus will be South Africa (also explore Malawi, Zimbabwe, Kenya, Swaziland and Uganda) • Contemporary context: 1) 2 gay men arrested and jailed in Malawi, and 2) Uganda Anti-Homosexuality Bill (2009) • Homosexuality is illegal in 38 of the 53 African states – in many cases punishable by life imprisonment/death penalty • Important that we examine the response from human rights advocates, educators, practitioners and policy makers (IN SA, Africa and internationally).

4. Examining Key Constructs • Homophobia • Popularised by sociologist Weinberg (1972, in DeCrescenzo, 1984:15) homophobia originally meant “an irrational fear of homosexual persons.” Over the years, however, homophobia has been expanded to include disgust, anxiety, and anger (MacDonald, 1984). • Heterosexism • Is defined as a form of discrimination that favours heterosexuals over lesbian women, gay men and bisexuals. Heterosexism is distinct from homophobia, though in all likelihood it is the driving force behind homophobia. (www.civilliberty.about.com). • Homophobic hate crime • Is defined as any incident which is perceived to be homophobic, by the victim or any other person. (www.stonewall.org.uk)

5. South African Context • Significant historical markers: 1) Transition to democracy (1994), and 2) New SA Constitution (1996)- legal protection for ALL citizens (including sexual orientation), First nation to include sexual orientation its anti-discrimination doctrine • Massive gap between legislative reform and social transformation for LGBTI people and communities • Cultural context in SA: “Homosexuality is un-African,” “It is a white perversion” and “LGBTI people do not exist in our African culture.” • President Zuma (2006) stated: “Gay men would not stand in front of me. I would knock him out. Same-sex marriage is a disgrace to the nation and to God.” • HSRC conducted SA Social Attitudes Survey (2008): 1) 80% of sample said “sex between same sex is wrong, and 2) high prevalence of intolerance toward homosexuality

6. South African Context • Reddy (2008): “telling African gay and lesbian people to go back in the closet because you are a disgrace to African culture.” • Judge (2007): “Homosexuality is un-African taken to its logical conclusion, may be sued to justify a hate crime as ‘homosexuality is a sin’” • Exponential rise in homophobic hate crimes in South Africa • 2007: Sizakele Sigase and Salome Masooa were tortured and brutally murdered in Soweto • 2007: Thokozane Qwabe was murdered • 2008: Gilry Nkosi was murdered and Eudy Simelane was raped and stabbed over 20 times • 2008: Daisy Dube was gunned won in Yeoville • 2006: Moses Rakoma was kidnapped, raped and tortured

7. South African Context • OUT LGBT Well-being (2009): 10% of South African LGBT people have been raped • The spotlight was placed on lesbian “corrective rape” with the murder of Zoliswa Nkonyana in 2006 • Valentine (Triangle Project): “corrective rape is prevalent in the townships. Many lesbian women do not report it out of fear of discrimination from the police” • Lack of official stats – only recorded as “another rape” – and not a homophobic hate crime • In spite of Zoliswa being murdered 4 years ago (2006) – the men charged with her murder have not yet stood trial. There have been over 20 postponements • What is the SA criminal justice saying about homophobic hate crime – indifferent apathy

8. Zimbabwe Context • President Mugabe (1998) stated that: “Animals in the jungle are better than these homosexual people because at least they know that this is a man and this is a woman.” In an earlier outburst this same article reports Mugabe calling homosexuals “repugnant to my human conscience…immoral and repulsive.” “AIDS is caused by white homosexuals. Hence we find homosexuality as extremely horrifying. We cannot countenance a situation where people are allowed in the military… Homosexuality is for whites and is anathema to African culture.” • Laws passed in 2006 make any actions perceived as homosexual a criminal offense. The Zimbabwean government has made it a criminal offense for two people of the same sex to hold hands, hug, or kiss. The "sexual deviancy" law is one of 15 additions to Zimbabwe's Criminal Code quietly passed in Parliament. The sections involving gays and lesbians are part of an overhaul of the country' sodomy laws. Before then, laws against sodomy were limited to sexual activity. The revised law now states that sodomy is any "act involving contact between two males that would be regarded by a reasonable person as an indecent act (http://365gay.com).

9. Zimbabwe Context • Mugabe’s politburo secretary for education, Sikhanyiso Ndlovu (2010), said: "Our Zimbabwean cultural values, which abhor homosexuality, must be enshrined in our Constitution and we must guard against the smuggling of homosexuality in the constitution by other parties and NGOs under the euphemism or disguise called ‘sexual preferences’ or ‘sexual orientation.’ (http://newzimsituation.com). • Zimbabwe has been in the process of drafting a new Constitution. Mugabe (April, 2010) stated that “homosexuality is just madness...insanity, gays are destroying nationhood.” Mugabe continues to be obsessed with the ‘international importation of homosexuality’ in stating that ‘homosexuality is an alien practice that is being exported into our country by countries like Britain and the USA”

10. Kenya Context • Homophobic violence in Kenya began similarly to the case in Malawi. A gay Kenyan couple were legally married in London, a Kenyan newspaper reported it, which triggered a spate of homophobic coverage in the country’s mass media. This, in turn, led to anti-gay vigilantism, brutal violence and the arrest of six allegedly gay men (Gevisser, 2010). • A Kenyan Cabinet minister has stirred a hornet’s nest with a suggestion that Kenyans should accept homosexuality and learn to live with it. Special Programmes Minister Esther Murugi told participants at a national symposium on HIV/Aids in Mombasa targeting homosexuals, lesbians and sex workers that the government had no option but to address the community’s concerns.

11. Kenya Context • “We need to learn to live with men who have sex with other men… we are in the 21st century and things have changed,” she told the gathering on Thursday. “This symposium is critical in ensuring that risk factors are discussed and taken into consideration in national planning for HIV and Aids,” said the minister. Kenya's religious leaders were furious at the minister. Council of Imams and Preachers of Kenya organising Secretary Sheikh Mohammed Khalifa said the utterances were “satanic and contrary to Africa culture”. (http://www.queerlife.co.za) • Despite arrests presently rocking the Kenyan gay community, human rights institutions recently held the first ever public lecture on sexual minority rights aiming to address the rights of gays, lesbians and bisexuals among students and members of faculties of different academic institutions in Kenya. • The lecture also hoped to "point out the human face of this issue that is often treated as an issue with no human element, with a view to reduce the violations and stigma suffered by Gay, Lesbian and Bisexual individuals in Kenya" (Tlhwale, 2010).

12. Malawi Context • On 28 December, police officers arrested 2 gay men Steven Monjeza and Tiwonge Chimbalanga at their home, charging them under sections 153 and 156 of the Malawian penal code for "unnatural offences" and "indecent practices between males." This happened two days after Monjeza and Chimbalanga conducted a traditional engagement ceremony. • While Steven and Tiwonge have been freed, according to reports, they were sent back to their respective communities and families. Gevisser (2010) states it is important for us to reflect on the pressure this young couple had to endure and run the risk of ‘recidivism and rearrest.’

13. Malawi Context • Discrimination against men who have sex with men has increasingly raised public health concerns in the African region, where HIV rates among this group are up to ten times that of the general population in large part because they are systematically marginalised in HIV prevention and treatment interventions due to politically driven hostility. United Nations Secretary-General Ban Ki Moon has previously warned that such discrimination is unethical and "makes no sense from a health perspective". • The statement which was also supported by almost twenty additional individuals and international civil society organizations further highlighted how sections 153 and 156 of the penal code violated fundamental rights guaranteed under the Malawi Constitution, including the rights to be free from discrimination and human dignity (Mwakasungula, Clayton and Patel, 2010).

14. Uganda Context • The Ugandan parliaments proposed Anti-Homosexuality Bill (2009) has heightened the international community’s awareness of the lived reality for LGBTI people living on the African continent. This proposed Bill has met with an international outcry – from presidents, governments, United Nations, international (and African) NGO’s and CBO’s, human rights campaigners, constitutional lawyers, amongst many others. However, the response from African presidents and governments has been unashamedly quiet. Their silence only serves to reinforce the adage that ‘homosexuality is un-African,’ and more pervasively if LGBTI people are ‘found out,’ they will be brought before the courts and face the most inhumane legal sanctions. • The draft Bill was tabled on October 14 2009 by MP David Bahiti, a member of the Ugandan Parliament. The Bill allows the Government and various arms of law enforcement to arrest any homosexual, or someone suspected of being and/or practicing a homosexual lifestyle. The legal sanctions include life imprisonment and/or the death penalty. MP Bahiti stated that the “bill would protect children, youth and the traditional family.” He dismissed human rights concerns by those opposing the Bill by expressing that “we don’t recognise homosexuality as a human right in Uganda.” (www.voanews.com)

15. Uganda Context • This Bill could in effect exile close to half a million LGBT Ugandans who would most likely flee the country to escape prosecution. This Bill suggests a new offence of ‘aggravated homosexuality’ which would be punishable by death. This states that ‘repeated offenders’ of homosexuality are liable to get the death penalty. The death penalty is also applied in a homosexual relationship if a partner is under 18, or has a disability, or is HIV-positive. People accused under the homosexuality clause will be forced to undergo an HIV test • The law would breach international standards and its proposed draconian punishments for people alleged to be lesbian, gay, bisexual or transgender – namely life imprisonment or the death penalty. (www.reuters.com). IPS News reported (9/12/2009) that Uganda will be going back to the days of the Idi Amin regime if it passes a Bill which will arrest or kill people being gay or lesbian, and for repeatedly engaging in homosexual sex. • On 4/2/2010 US President Obama denounced as “odious’ the proposed anti-gay law in Uganda, that has drawn international condemnation. President Obama further stated that “we may disagree on gay marriage but surely we can agree that it is unconscionable to target gays and lesbians for who they are.”

16. Uganda Context • Professor Juan Nel (University of South Africa) wrote a response (2010) on behalf of The Psychological Society of South Africa (PSYSSA), with regards the Anti-Homosexuality Bill (2009). The letter was addressed to President Yoweri Kaguta Museveni and the Speaker of Parliament, Rt. Hon. Edward Ssekandi Kiwanuka • Much evidence points to this stigmatisation leading to deep-seated and widespread prejudice, discrimination and violence toward those who are not heterosexual. A session on homosexuality at the 2nd Africa Conference on Sexual Health and Rights, hosted in Kenya in 2006, noted that fear, hatred and abuse at the hands of largely intolerant and unsympathetic peers and elders hampers the personal growth and well-being of African homosexuals. Also widely documented among the outcomes of prejudice and discrimination are consistently high rates of anti-homosexual harassment and violence, both state sanctioned and extrajudicial. Furthermore, criminalisation on the basis of sexual orientation has been found to exacerbate social discrimination and, in particular, leads service providers to discount, ignore and neglect the needs of lesbian, gay and bisexual people, thus compounding their vulnerability.

17. Uganda Context • Research and clinical practice indicates that homosexual people have an overall potential to contribute to society similar to that of heterosexual people and that they pose no greater risk to children than do heterosexual people. While the proposed bill cites “…the need to protect the children and youths of Uganda…” as justification, there is no credible, reliable evidence that the measures contained in the bill will achieve that outcome. Research and clinical practice instead indicates that the abuse of human rights and fundamental freedoms embodied in the bill, and the state sponsored discrimination and affronts to basic human dignity it mandates, would instead result in profound physical and psychological harms to the already vulnerable lesbian, gay and bisexual youth in the very population the legislation claims to protect. • On the grounds outlined in this statement, the Psychological Society of South Africa (PsySSA) therefore joins the international community in strongly opposing the proposed anti-homosexuality legislation. The PsySSA joins in the call for Ugandan leaders to abandon or defeat the bill, and instead to join the trend in the international community of decriminalising homosexuality. (Nel, 2010).

18. Where can we start: The way forward • Nel and Judge (2008:32) remind us that we need to eradicate the myths and stereotypes in certain communities in South Africa who have strongly articulated the opinion that “there are no gay or lesbian people in our culture” or “the concept of homosexuality belongs to another culture and therefore it is not part of our culture.” • It is critically important to relate the need for social education to constitutional and legal concerns for LGBTI people. More specifically there is an urgent need to develop a culture of tolerance, protection; human rights education, and lobbying for LGBTI human rights and social justice. Any form of social education should be presented from the standpoint of developing a culture of zero tolerance for homophobia in contemporary South African (and African) culture.

19. Where can we start: The way forward • Social/civil education might be expedited through parliamentary discussions on homosexuality in general, and youth issues more specifically. The issue of protection of legal and human rights for LGBTI people has to be maintained – and constantly reinforced - on the agenda of the ruling party (African National Congress). These human rights violations require immediate attention from the constitutional perspective of their rights being violated, or at least not being protected • Human rights education must become an integral component of all educational endeavours in South Africa, which would include human and civil rights and their bearing on people who define themselves as homosexual.

20. Where can we start: The way forward • South Africa has demonstrated, in its recent history, what can be achieved with the socio-political will of the international community. Through its commitment and vigilance, the abhorrent Apartheid regime was dismantled and replaced with one of the most modern constitutions ever promulgated – were the protection of human rights was articulated by Nelson Mandela during his Presidential inaugural speech (April 1994). • In terms of protecting LGBTI rights for all its citizens, South Africa once again has to “get its own house in order” in order to send a clear message to other homophobic African regimes that homosexuality is as intrinsic to our culture as the magnificence of an African sunset.