Zimbabwe’s anti-gay stance is regrettable
The continued persecution of LGBT persons and the government’s intolerance of Zimbabwe’s sexual and gender minorities violates basic rights guaranteed by the constitution and international law. The state must stop wasting time and resources suppressing an essentially private issue
The persecution and discrimination of Lesbians, Gays, Bisexual, Transgender and Intersex (LGBTI) persons has become a common feature in Zimbabwe and Africa in general. Zimbabwe is one of the 38 countries in the Africa that prohibit same-sex marriage. The Southern African country is largely a conservative and authoritarian state with its leader President Robert Mugabe of ZANU PF being an intolerant anti-gay campaigner. During campaign rallies and at international forums the Zimbabwean leader has lashed out at LGBT people, describing them as being worse than dogs and pigs.
In 1996, the Gays and Lesbians Association of Zimbabwe (GALZ), an organization advancing the rights of gays, lesbians, bisexual and transgender people, was denied permission to exhibit its works by the Censorship Board under the repressive and draconian Entertainment and Censorship Control Act on grounds that their material was obscene. However the High Court later ruled the ban illegal.
In 2011, 44 GALZ members were arrested and assaulted with punches and slaps by the police on allegations of immoral conduct. In 2012 a team of police officers invaded the GALZ offices and confisticated advocacy material and the GALZ Director was charged with insulting the Office of the President under the repressive Public Order and Security Act (POSA). Such are the well documented challenges faced by the minority sexual groups in Zimbabwe.
Canaan Sodindo Banana, a veteran nationalist, was denied his hero status merely because he was gay. The Zimbabwean government further considers same sex marriage a Western practice brought by agents of regime change. Hence the political and legislative framework is still hostile towards gays and lesbians. Section 78(3) of the new constitution signed into law in 2013 during the era of the ‘inclusive’ regime prohibits same sex marriage - yet this is a human right. ‘No sex shall be permitted of people of the same sex’, reads part of the clause.
And President Yoweri Museveni of Uganda has just signed into law a bill that criminalizes same sex marriage or any other form of relationship. In many other African countries, LGBT people are even killed for the practice is considered taboo or an abomination. But who has the power to judge on issues of nature?
The continued persecution of LGBT persons and the government’s intolerance of Zimbabwe’s sexual and gender minorities is not in sync with the basic rights in both the national constitution, the African Charter on Human and Peoples Rights and the International Convention on Civil and Political Rights which guarantees the rights to non-discrimination, liberty and peaceful security of person’s privacy and freedom of expression, thought, association, assembly and equality.
The anti-gay stance exhibited by some nations of the world is grossly misleading, regrettable and a great threat to humanity for this is inconsistent with fundamental principles and freedoms enshrined in national constitutions, regional and international protocols.
Marital or sexual issues are sacred institutions whose privacy must be maintained in a democracy. It would be an offense of the highest grade to question and challenge one’s sexual orientation. Anti-gay activists are in danger of challenging and undermining God’s authority, by condemning same sex marriage which like any other form of marriage is a result of creation. No one is a God to determine another’s sexual orientation. Unfortunately in totalitarian states all over the globe there is a tendency by dictatorial leaders to censor how and when adults should have consensual sex and with whom.
This attitude is negative and must be condemned. According to scientific research homosexuality is not nurtured, but is natural. It is not by choice, neither is it a result of socialization. Those who prohibit it must think twice before they infringe on the unalienable and God given rights of minorities and undermine God’s authority. It is a gift from God, which all men and women must cherish. Given this background who can dare challenge what God created? Excessive and boundless political power by dictatorial regimes must not go to the extent of challenging the Creator.
An analysis of the behavior of autocratic regimes globally will reveal that the deliberate attacks on LGBT people is a form of propaganda used by such leaders in order to divert people’s attention from the real bread and butter issues. In fact, this is a powerful tool used by dictatorial regimes to cover up for their incompetence.
Zimbabwean leaders must move fast in addressing the multifaceted challenges affecting the masses and stop diverting attention to practices that no one has control over. More efforts must be put in addressing the urgent challenges of rapid unemployement, poverty, diseases and environmental decay among others. Political leaders must know that they have a duty to improve people’s lives and not to infringe on the rights of minority and defenseless groups who look up to them for protection.
It will be to be historically ignorant to consider homosexuality as a borrowed phenomenon or a western practice since there is overwhelming evidence that the practice was in Africa long before European conquest. Evidence at hand seems to trace the origins of homosexuality from Africa though it has remained hidden or concealed even to this day due to excessive repression by the dominant sexual groups.
Some top politicians in ZANU PF even practice it today. It is not an offence and neither is it ungodly as some fanatical believers would want the world to believe. Over a decade ago Professor Jonathan Moyo was alleged to be a homosexual, which right must never be taken away from the learned citizen.
Sex of all kinds must be accepted as long as it is done in private and by consent of all parties involved. The state must stop wasting time and resources pursuing and suppressing an essentially private issue.
It is imperative for the government of Zimbabwe to move towards promoting liberties and stop repression by fostering equal rights for all. To barn such practices is not going to help for no war declared against humanity the world over has ever been successful.
African leaders must learn from history. In medieval Africa albinos and twins were killed as LGBT people are burnt alive in some parts of the world today due to the influence of religion, culture and tradition, but a call for justice and reason in the second half of the 19th century and after outlawed such barbaric practices. Today twins and albinos suffer less stigmatization though there are cases of discrimination here and there. As such it will be primitive and ancient to criminalize homosexuality in this day in age.
Enlightened and progressive forces in Africa must however take solace in that global trends seem to point to the right direction with countries such as Britain which used to outlaw the practice about 50 years ago now paying heed. Back home Zimbabwe’s neighbor South Africa long agreed to move with the times. Thanks to the bold efforts of organizations and individuals who have made this dream come true
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Now South Africa has embraced and incorporated the rights of LGBT people in its constitution with section 9(3) of its supreme law disallowing discrimination on the grounds of race, gender and sex orientation among others.
It is possible that intensified campaigns against this repression and barbarism will in few years to come give birth to a free and just society for all including minority groups.
* Danmore Chuma is a Zimbabwean journalist, human rights activist and former teacher.
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