Human Rights and Homosexuality in Southern Africa

CURRENT AFRICAN ISSUES 19

by Chris Dunton and Mai Palmberg

Second, expanded edition

Nordiska Afrikainstitutet 1996

The opinions expressed in this text are those of the authors and do not necessarily reflect the views of Nordiska Afrikainstitutet.

ISSN 0280-2171 ISBN 91-7106-402-8

Contents

Foreword 5 Some Basic Terms 6 Zimbabwe—The Book Fair Drama 1995 8 Zimbabwe—The Second Book Fair Drama 1996 17 African Voices for and against Homosexuality 24 Namibia—Ministers and Activists 29 Botswana—Sharing the Blanket 32 South Africa—The Bill of Rights Debate 34 Homosexuality and the Law—A Global Overview 39

APPENDICES 1. AIDS and Homosexuality, Getting the Facts Straight 46 2. Address List to human rights organisations; websites and 47 organisations for gay and lesbian rights in southern Africa

Foreword

On May 8, 1996 South Africa adopted There was a new confrontation at a new constitution, which in its the Zimbabwe International Book Fair Bill of Rights prohibits of 1996. This time the clash was discrimination on grounds of sexual also between the government and orientation. South Africa was the civil society, as the book fair first country in the world to adopt organisers had taken a principled such a sexual orientation clause in stand on GALZ’ right to take part. its constitution. This is an The revised edition of this booklet important stride in the development includes a first-hand report on the of a human rights culture. 1996 book fair drama. The title of this booklet refers We feel that in the context of to human rights in general rather Mugabe’s intervention and in the than to gay and lesbian rights, context of vigorous efforts to specifically. This is deliberate. assert their rights, gays and Abuse and discrimination are lesbians in southern Africa have unacceptable whether they are arrived at a crucial historical mo- directed towards gays and lesbians, ment in the development of their heterosexual women, children, community. As with all sexuality, members of minority ethnic groups, however, homosexuality is seldom whoever. This being the case, the discussed openly in southern Africa. inclusion in the new South African We hope our booklet will have a constitution of a clause prohibiting documentary and informative discrimination on the grounds of function, and that it will provide a sexual orientation should be a cause resource for human rights of celebration to everyone. And the organisations and for gay and les- campaign of the Zimbabwean bian activists, hoping to stimulate leadership against homosexuals awareness and debate. should, for the same reason, be a We wish to thank the Swedish NGO cause of concern to everyone. Foundation for Human Rights for This booklet was prompted by their financial support for this events at the Zimbabwe International documentation. Book Fair of 1995, when one of the We also wish to thank Pieter van exhibitors, the organisation Gays Gylswyk for help in locating and Lesbians of Zimbabwe (GALZ), interventions in the southern were prevented from taking part. African debate, Björn Skolander for Their exclusion was carried out his steady stream of useful under instructions from the material, and Peter Nobel, Christer Zimbabwean government. President Krokfors, Ingrid Fandrych and Ingela Robert Mugabe himself made a speech Ösgård for constructive criticism of in which he was brutally dismissive the drafts. For the assistance with of gays and lesbians and of the very material at the 1996 Book Fair we idea that this community should be want to extend our deep gratitude to allowed human rights. Since then all those who generously shared Mugabe has reiterated his views on a their time, information and number of occasions, in terms that insights. invite outright discrimination A final note: We have used against gays and lesbians. His footnotes to provide sources for any campaign has opened up a wide debate reader who wishes to check our on homosexuality and human rights. quotations. We shall be very happy to receive comments and to provide more information on source material to any reader who requests this.

Chris Dunton Mai Palmberg Dept. of English The Nordic Africa Institute University of the North West Box 1703 Private Bag X2046 751 47 Uppsala Mmabatho 2735 Sweden South Africa E-mail: [email protected]

Some Basic Terms

Terms relating to the discourse on homosexuality homosexuality Sexual orientation towards members of one’s own sex homophobia Intense dislike, hatred or fear of homosexuals and homosexuality (also as adjective: ‘homophobic’) homosexual behaviour Engaging in sexual acts with members of the same sex (but not necessarily seeing oneself as having a homosexual identity - see identity) homosexual A person who is sexually attracted to members of the same sex—used as both as a noun (‘he is a homosexual’) and an adjective (‘he is homosexual’)— see gay gay Homosexual (as adjective: “a gay Namibian”), or as a noun in plural (‘gays’). Sometimes used only for male homosexuals, as in the expression ‘gay and lesbian’—see lesbian lesbian A woman who is attracted sexually to other women bisexuality Attraction to, and/or engaging in sexual acts with, members of both one’s own and the opposite sex identity The sense a person has of her/his own individual nature and personality and of the way this leads the individual to identify with specific groups of people (for instance, by way of nationality, language group or sexual orientation). Most people see themselves as having a set of different identities, for example as woman and South African and Coloured and teacher. Acknowledging a gay or homosexual identity can mean identifying as a member of a gay or lesbian community—see community gay and lesbian groups of gays and lesbians for whom their gay or community lesbian identity is central to their personality, and who have grouped together with others for social, counselling or lobbying purposes sodomy A concept used to cover all forms of sex considered perverse; sometimes used for male homosexuality, sometimes for anal sex, sometimes for sexual acts with animals bestiality Having sexual intercourse with animals pedophilia Adults having sexual intercourse with children AIDS Acquired Immune-Deficiency Syndrome, a sexually transmitted disease which is transmitted by the HIV- virus (see appendix on AIDS)

Terms relating to the discourse on human rights

Human rights Rights that people have as individuals UN Universal Adopted in 1948 by the General Assembly of the then Declaration newly formed United Nations, this outlines a set of of Human Rights rights for individuals, groups, and nations. It is a recommendation to the member states, not a mandatory and binding document Mandatory Obligatory, binding to the members or signatories

10 Constitution A basic law setting down principles that must be followed in the political system, and to which all legislation must conform. Most, but not all countries have written constitutions Discrimination Denying equal rights and equal treatment to individuals, usually on the grounds of their group identity, such as blacks, women, foreigners or homosexuals Bill of rights A legal document setting down fundamental rights of the citizens of a country or members of a specified community Common law The unwritten laws and rules that apply in a particular society. In Africa ‘common law’ refers to rules and regulations that are considered or claimed to be traditional to a certain community, usually an ethnic community Eurocentrism A term used to describe, in a negative sense, import of ideas from Europe (or the West) and/or the ideas that ideas and institutions as they are perceived in the Western countries is the standard and norm for the whole world Afrocentrism A term used to describe the rejection of Eurocentrism and the substitution for this of Africa-centred standards, norms and concepts Universality A universal right applies everywhere, regardless of country, religion, ethnicity etc., as the UN Declaration of Human Rights.

11 Zimbabwe—The Book Fair Drama 1995

The 1995 theme for the Zimbabwe on the public scene in 1968 and was International Book Fair (ZIBF) was first apolitical, and concerned only “Human rights and justice”. The with its own single-issue emphasis on human rights might have activities. But towards the end of gone unnoticed by the international the eighties a number of gay and media, had it not been for the lesbian organisations emerged in richly ironic drama created by the South Africa who aligned themselves Zimbabwean government. with the ANC’s Freedom Charter and On the demand of government one of asserted gay rights as human the smaller exhibitors, the Gays and rights.2 Lesbians of Zimbabwe, was at the A public debate on homosexuality last minute excluded from the fair. had started in Zimbabwe in 1994 The African Book Publishing Record after Gays and Lesbians of Zimbabwe headlined their report:1 (GALZ) had put an advertisement in ‘Human rights’ theme at the Zimbabwe the Daily Gazette for its coun- International Book Fair turns into selling services. Until then, from fiasco. its founding in 1989, it had lived a quiet life as a support group and The exclusion and the attack on gays social club for the small but by president Mugabe propelled a growing gay and lesbian community in vigorous debate on the extent and Zimbabwe. This debate raged from meaning of human rights, the rights January 1994 to mid-1994 when and existence of homosexuals, the suddenly all media fell quiet. power of government over such events Rumour had it that the government as the book fair, the meaning and had placed an embargo on all gay origins of African tradition, and 3 related subjects. Thanks to the relationship between presumed president Mugabe, the silence was African and foreign values. not to last. The main questions raised in this discussion were: Are gay rights a legitimate part of human rights? The GALZ booth and its prohibition Does the universality of human Preparations for the book fair were rights apply? Is homosexuality well under way in July 1995. It was ‘natural’ or an imported Western again going to be held in the city phenomenon? Does the restriction of gardens of Harare, a park that was gay rights signal a threat to other prohibited for blacks during the rights and to freedom of expression? white minority regime before The drama of the book fair events independence in 1980. forced these issues on to the agenda When the exhibition was about to in the whole of southern Africa. open the Gays and Lesbians of Only in South Africa had there been Zimbabwe (GALZ), one of the smallest an open debate on homosexuality long of the 240 exhibitors, was barred before the Zimbabwe book fair drama from taking part by government in 1995. South Africa also had a growing gay community, people who saw themselves as having a gay or 2 Gevisser, Mark & Edwin Cameron eds., lesbian identity. This had emerged Defiant desire. Gay and lesbian lives in South Africa, Ravan Press, Johannesburg 1994, p. 63. 1 The African Book Publishing Record, 3 Information from Stephen van Breda, Vol. XXI, No.3 1995, p. 167 Harare.

12 order. The ban and president International Book Fair (ZIBF) which Mugabe’s outburst against homo- will be officially opened by the President of the Republic of sexuals became big news in southern Zimbabwe, His Excellency Cde R.G. Africa and all over the world. But Mugabe. The Government strongly the issue was not entirely new to objects to the presence of the GALZ the organisers and some of the stand at the Book Fair which has the exhibitors. effect of giving acceptance and GALZ had wanted to exhibit and legitimacy to GALZ. advertise its literature on the Whilst acknowledging the dynamic legal and constitutional aspects of nature of culture, the fact still gay rights. A sticker produced by remains that both Zimbabwean society and government do not accept the GALZ with the text “Don’t hate! public display of homosexual Tolerate” made an appeal to the literature and material. The Trustees general public, and was hardly a of the Book Fair should not, provocative self-assertion. But therefore, force the values of gays earlier in the year GALZ had been and lesbians onto the Zimbabwean culture. denied registration, and the Minister of Home Affairs, Dumiso In the interest of continued Dabengwa, had declared that cooperation with the government, please, withdraw the participation of homosexuality is abnormal and would GALZ at this public event.3 not be allowed in Zimbabwe.1 In March the Executive Director The trustees contacted GALZ to of the Zimbabwe International Book explain the situation and suggested Fair (ZIBF), Trish Mbanga, at a it pull out, which GALZ refused to meeting in Johannesburg to solicit do. The ZIBF then announced that South African publishers’ support “with the greatest regret” it found for the fair, reported that the itself having no option but to security forces had intimidated GALZ withdraw its permission for GALZ to after they had applied and paid for participate. While doing so it a stand with ZIBF acceptance. She pointed out that ....“its decision intimated that the ZIBF trustees in no way compromises its commitment 4 were inclined to refuse their appli- to freedom of expression”. In a cation to avert disruption of the statement a few days later to all fair. The South African publishers ZIBF participants the trust in the meeting felt strongly that explained: this would compromise their parti- The Trustees were faced with a very cipation, and a letter was written difficult and painful decision. We supporting the acceptance of GALZ’ had made our own position clear in participation.2 The matter seemed to the original acceptance. But we had to face not only withdrawal of state be settled. participation and support but also One week before the book fair the the very real possibility of further book fair organisers received a state action or disruption of the letter (July 24) from the Zimbabwe Fair itself. With great reluctance Director of Information, Bornwell and acting under severe constraint, Chakaodza, with the following content: The government is dismayed and shocked by the decision of the Book Fair Trustees to allow the so called 3 Letter to Mrs Trish Mbanga, Executive Gays and Lesbians of Zimbabwe (GALZ) Director of the Zimbabwe International to participate in the Zimbabwe Book Fair from the Ministry of Information, Posts and 1 Mmegi/The Reporter (Gaborone), Vol. Telecommunications, Director of 12, No. 32, 18-24 Aug. 1995. Information Bornwell Chakaodza, July 24, 2 Report to the PASA executive by 1995. Stephen Johnson, 16 Aug. 1995. d ZIBF statement, July 28, 1995

13 we withdrew acceptance of GALZ’ stinging attack on homosexuals”5. 1 participation. Mugabe said: An “Indaba” on Human Rights and Supporting persons who believe that Freedom of Expression had been the denial of their alleged rights to organised to precede the book fair. have sex in public is a violation of When news of the expulsion reached their human rights formed as association in defence and protection the participants a motion was moved of it and proceeded to write booklets by Nobel Prize winner Nadine and other forms of literature on the Gordimer deploring the Zimbabwe subject of their rights. Is any sane government’s exclusion of GALZ. government which is a protector of Along with another resolution society’s moral values expected to condemning the Nigerian Government’s countenance their accessions? abuse of human rights it was I find it extremely outrageous and supported by all participants at the repugnant to my human conscience that Indaba, which also included Nobel such immoral and repulsive organisations, like those of Prize winner Wole Soyinka, and homosexuals who offend both against several other African writers and the law of nature and the morals of human rights activists. It urged religious beliefs espoused by our society, should have any advocates in that the ban be withdrawn and that our midst and even elsewhere in the the human rights principle on which world. we accepted to participate in this Indaba be honoured.2 If we accept homosexuality as a right, as is being argued by the Nadine Gordimer told journalists: association of sodomists and sexual I am appalled. It is very strange to perverts, what moral fibre shall our be standing under the banner of society ever have to deny organised freedom of expression while a group drug addicts, or even those given to has been denied the very right to bestiality, the rights they might express themselves at the book claim and allege they possess under fair... We are saying that human the rubrics of individual freedom and rights are universal rights, but it human rights, including the freedom seems there is a double standard. 3 of the Press to write, publish and publicise their literature on them? “Freedom of expression is tolerating The nature of GALZ and their things we don’t really like”, Andrew objective in participating in the Morrison, a university lecturer and book fair had apparently escaped the member of GALZ, observed.4 president. They had wanted to advertise and promote their Mugabe’s opening speech counselling service and their view At the official opening of the book that gay rights were in fact one fair on August 1 the president of aspect of human rights. They had Zimbabwe, Robert Mugabe did not never wanted to exhibit pornography, exactly play down the issue, but nor had they ever suggested or guaranteed international attention implied that homosexuals wished to to what the New York Times called “a have sex in public or considered this to be their right. At a press conference after the opening president Mugabe said of homosexuals: 1 31st Statement to all ZIBF95 I don’t believe they should have any participants, Harare, July 1995. rights at all. 2 Resolution passed at the Book Fair Indaba July 28, 1995. 3 The Star (Johannesburg), July 29, 1995 4 Lewis Macipisa, “Human Rights: President Lashes out at Gays”, IPS 5 The New York Times (New York), Aug. 2, Africa, Aug. 18, 1995. 1995

14 I hope the time never will come when and security personnel demanded they we all want to reverse nature and men be removed. The trust refused. 1 bear children. GALZ members attended the fair as When asked about the risks that the individuals and discussed the issue crisis could mark the end of the with members of the public who had become aware of it as a result of the book fair in Zimbabwe, he snapped: publicity. Government directives to “Is the book fair based on sodomy?” the press have ensured that On opening day secret police in homosexuality is not even mentioned. plain clothes had visited the fair The ZIBF trust ensured that the issue to tear down posters protesting was discussed. against GALZ’ exclusion. They were If the ZIBF were closed, we as stopped when they attempted to tear trustees would have abrogated our down posters at the stands of primary responsibility—to promote an Amnesty International and a London- informed reading and book-buying public. Ironically, literature on based publishing company. The former homosexuality could be found on the called the remarks by President stands of many mainstream commercial Mugabe “a heavy-handed attack upon publishers. Without ZIBF, that, too, 3 the basic freedom of expression”.2 would be lost. Two trustees of the Zimbabwe Book The book fair in crisis Fair Trust, Sue MacMillan and Barbara Keene had already resigned One of the trustees later replied to from the 18-member board in protest accusations that they had promptly against the way the board had bowed to the government demand: handled the issue. With the final Seven days passed between the clamp-down on GALZ two honorary directive and the trust’s decision. trustees resigned in protest against Agonising debates took place during the Zimbabwe government’s action. this time. The trust’s primary concern was the future of ZIBF. It They were Hugh Lewin and Hans Zell. was therefore with great reluctance The latter had been one of the that the trustees decided to withdraw initiators of the Zimbabwe Book Fair their acceptance of the application in the early 1980s. He expressed his by GALZ to take a stand at the fair. support for the book fair in the This decision has been seen by some future, but added: as the ZIBF Trust’s immediate capitulation to government inter- ...although well aware of the ference. This was most definitely not sensibilities of the issue and the case. The trust believes very practice of homosexuality in an strongly that this is a unique issue. African context ... to deny gays and It is not simply a question of say, lesbians of their right to exhibit gay rights this year, women’s rights was a shameful act of intolerance ... next year. It needs to be remembered and it is particularly ironic and preposterous when the theme of ZIBF that it has taken many years for 4 homosexuality to be accepted in the 95 was human rights and justice. West. It is not reasonable to expect Another sign of crisis for the book it to be quickly accepted in Zim- babwe. fair was the announcement on its opening day that exploratory talks The trust displayed a statement in on a future joint southern African the exhibition space that was to have been occupied by GALZ. Subsequently, book fair had been suspended by the other organisations issued statements executive committee of the in support of GALZ’ right to rent Publishers Association of South space at the fair, and these, too, were displayed. Government ministers 3 Roger String “We agonised about 1 South African News Agency SAPA, BBC excluding Zim’s gays”, Mail & Guardian Summary of World Broadcasts , Aug. 3, (Johannesburg), Aug. 18, 1995 1995 4The African Book Publishing Record, 2 The New York Times, Aug. 6, 1995 Vol. XXI, No. 3 1995, p. 167

15 Africa (PASA). They referred both to legal obligations. It sits ill with the Zim-babwean government’s action, the theme of this year’s Book Fair, which is Human Rights and Justice, and to the South African (interim) that GALZ is being denied the right constitution, which in its bill of to advocate and promote the rights of rights prohibited discrimination on gays and lesbians.3 account of sexual orientation. The harshest criticism of Mugabe in Referring to “South Africa’s own the region came from South Africa. history of discrimination and On Friday August 11 about a hundred censorship” PASA felt compelled to people demonstrated outside the “warn of the dangerous consequences Zimbabwe trade mission in Sauer of applying authoritarian measures Street in central Johannesburg in such as these.” PASA also protest against Mugabe’s views on recommended to its member publishing homosexuals. “Vorster said blacks companies to reconsider par- have no rights. Mugabe says gays ticipation at the next fair “unless have no rights”, was the text of one the government of Zimbabwe of the placards. The organiser, the guarantees the freedom to publish National Coalition for Gay and and display works of any kind.”1 Lesbian Equality, reported that they Since the South African had received messages of support publishers were the numerically from Lawyers for Human Rights, Black second largest group after the Zim- Sash, the AIDS consortium, the babwean exhibitors, their withdrawal Women’s National Coalition, and the would be a major blow to the fair. Centre for Applied Legal Studies at It was even suggested by The Sunday the University of the Mail that the “attempt to manu- Witwatersrand.4 facture the gays and lesbians of When president Mugabe arrived on Zimbabwe as a burning human rights Aug. 26, 1995 at the Jan Smuts issue” was nothing but “a deliberate Airport near Johannesburg for a provocation to justify the launching meeting of the Southern African of a campaign by a fifth column in Development Community (SADC), he was Zimbabwe and their allies abroad to met by demonstrators with placards have the Book Fair event hosted such as “Zimbabwe needs a queen”. elsewhere in the region.”2 This Peter Vale, professor of Southern allegation was vehemently denied by African Studies at the University of PASA. Western Cape, saw the protests as something new in southern African The protests and civil society politics: The most striking feature of the ...for the first time in the region’s book fair drama was the strong history, an interest group in another response it evoked in southern country has put pressure on the leader of a majority-ruled Africa, and elsewhere. government. Amnesty International condemned the government action in a statement This is an entirely new development, and it holds enormous potential for at the beginning of the book fair: the growth of civil society in This is a heavy-handed attack upon southern Africa.5 the fundamental human right to freedom of expression, to which Vale refers to the strong NGO Zimbabwean government is ostensibly presence in Beijing at the United committed under its international Nations conference on women as a

3 1 Press release from the Executive Amnesty International, July 31, 1995. Committee of the Publishers’ Association 4 Southscan (London), Aug. 18, 1995. of South Africa (PASA), 1 August 1995. 5 Peter Vale, “Gay people changed the 2 The Sunday Mail (Harare), “Comment: region”, Mail & Guardian, Oct. 6-12, Burning Issues”, Aug. 6, 1995. 1995.

16 model which “has helped us prohibition of interracial sex, as understand the power of collective in apartheid South Africa or pre- consciousness across international civil rights United States, as “an borders”: abhorrent violation of an There is an important lesson for the individual’s human rights”, but that region in all this. As links between many of the same people still need to civil society in Southern Africa be convinced that it is equally cruel deepen, a central goal should be to and a violation of human rights to create an independent voice in the keep a loving couple apart and to affairs of the region. To achieve its discriminate against them on the political goals, it must be basis of their sexual orientation2 sufficiently strong to rival the ‘government-speak’ which, until now, A political scientist at the has dominated the discussion on University of Zimbabwe, John Southern Africa’s future. Makumbe, was quoted in the South One could add that the model by African Star saying about president which the United Nations invites Mugabe that NGOs to set up an alternative ...the outbursts against Zimbabwe’s conference to interact with and gays serve his purpose of diverting place pressure on the official attention from his own closet where proceedings of big international he is living with his former secretary and their two children. He conferences was initiated with the should be the last one to talk about 1992 UN Conference on Environment morals.3 and Development. Peter Vale Cautiously worded support for recommends that civil society sets homosexuals was expressed by Edwin up its own stall when the Southern Sakala of the Zimbabwe Catholic African Development Community or the Commission for Human Rights: Organisation of African Unity meets. It is my right if I decide to walk naked in public. But such an act Cautious protests in Zimbabwe constitutes public indecency, and the The Zimbabwean protests were law will have to take its course. Gays and lesbians have the right to generally weak, and even fewer were privacy but if they display it (their printed in the Zimbabwean media. The sexuality) in public, it becomes Zimbabwe Human Rights Organisation public indecency... The police are and the Catholic Commission for infringing homosexuals’ rights when Justice and Peace issued critical they invade their homes. Homosexuality is not a crime.4 statements. Ozias Tungwarara, executive director of the Zimbabwe Human Rights Organisation was quoted Mugabe’s rearguard in The Namibian as saying of Mugabe: Two weeks after the book fair a He took the populist approach. He meeting of five hundred members of knew he was on safe ground the ruling ZANU-PF party was domestically. Most of our people will organised by the Women’s League, say that homosexuality is abhorrent.1 which in a statement said:. A lawyer at the University of We are Zimbabweans and we have a Zimbabwe, Derek Matyszak, was quoted culture for Zimbabweans to preserve. in the Windhoek Advertiser as saying As mothers and custodians of our that there is a valid comparison be- heritage, we stand solidly behind our tween discrimination faced by blacks because of their skin colour and 2 SAPA-AFP, in The Windhoek Advertiser prejudice against gays. He pointed Aug. 23, 1995 out that most people would see the 3 The Star, Aug. 28, 1995. 4 Quoted in Free Press, Media Institute 1 Quoted in The Namibian (Windhoek), of Southern Africa (Windhoek), 5/1995, Aug. 21, 1995. p. 12.

17 president and leader on his unflinching stand against homosexuality. Human rights should Mugabe persists not be allowed to dehumanise us. Do Mugabe continued his attacks on gays not be deceived. Neither the sexually immoral nor idolaters nor adulterous in Zimbabwe after the book fair. nor male prostitutes nor homosexual Speaking on Heroes’ Day on August 11 offenders nor the greedy nor he urged churches and others to drunkards will inherit the kingdom of ensure that society was not 1 God. distracted from traditional values, The demonstrators carried placards and added: with texts such as “God created Adam It degrades human dignity. It’s and Eve and not Adam and Steve”. unnatural and there is no question The Sunday News praised President ever of allowing these people to 5 Mugabe’s “bold denunciation of behave worse than dogs and pigs. homosexuals as undesirable Departing from his prepared speech, sodomites” and rejoiced that Mugabe said: “university students and the ZANU-PF What we are being persuaded to accept Women’s League have at last found 2 is sub-animal behaviour and we will something in common to agree on”. never allow it here. If you see The Chronicle in Harare presented people parading themselves as the issue as one of incompatibility lesbians and gays, arrest them and 6 between African and foreign values, hand them over to the police. just as Robert Mugabe a few years Zimbabwean law is in fact unclear earlier had dismissed homosexuality about the status of homosexuals, but 3 as “a white problem” : under common law “unnatural sexual Painful experience reminds us acts” are illegal, with penalties Zimbabweans and all other Africans on ranging up to ten years’ the continent of moves orchestrated imprisonment (see the appendix on by colonialists to wipe out anything homosexuality and the law; a global that had to do with African culture as constituted mainly by our customs overview). and traditions. This was done in ways When he heard about protest that included the imposition of for- demonstrations at Zimbabwean eign languages on our indigenous diplomatic and trade missions in languages to try to superimpose cul- Britain and South Africa, Mugabe tural values on our own values. told an Anglican women’s group on Many years after decolonisation August 16: attempts to wipe out what is left of our cultural values are still being They can demonstrate, but if they come here we will throw them in jail. made—and made with a vengeance in 7 some cases, witness the shrill outcries over the refusal by the Meanwhile, a letter was sent to Government to allow the Gays and Lesbians of Zimbabwe to peddle its president Mugabe from 70 US ideas by exhibiting at the recent Congressmen, 68 Democrats and two Zimbabwe International Book Fair in Republicans, led by Barney Frank who Harare —a refusal that all Africans accused the president of bigotry and who cherish their cultural identity— pointed to the South African or what remains of it—should support 4 constitutional clause against unflinchingly. discrimination on the basis of

5 Reuters news agency, published in The Globe & Mail (Toronto), Aug. 12,1995, and The Herald (Harare), Aug. 12, 1995. 1 Quoted in IPS Africa, Aug. 18, 1995. 6 Associated Press and Reuters news 2 The Sunday News, 3 Sept. 1995. service, as broadcast on “This Way 3 Out”, program # 386, distributed Aug. The New York Times, Aug. 6, 1995 4 21, 1995. The Chronicle (Harare), Aug. 9, 1995 7 AP and Reuters news service

18 sexual orientation. The statement, March, 1996. At an inter- carried by the independent weekly, denominational conference at the end the Financial Gazette in Harare, had of February, this year, organised by said: the Zimbabwe Assemblies of God — Attacking decent individuals who are Africa, Mugabe claimed that fully respectful of the rights of homosexuality and lesbianism were others, who are productive and threatening to pervade the nation. responsible citizens but who happen He exhorted the church to help fight 1 to be gay or lesbian is wrong. this danger. He claimed that he had Mugabe, speaking to a crowd of received confidential messages from supporters that had gathered outside some presidents who said they also his presidential office on August did not believe in homosexuality and 18, accused the congressmen for lesbianism but would not dare say selling out for gay and lesbian so publicly for fear of losing 5 votes, adding: votes. The Zimbabwean press repeatedly Let the Americans keep their sodomy, bestiality, stupid and foolish ways returned to the issue of threats to to themselves, out of Zimbabwe... Let “traditional values”. The economic them be gay in the US, Europe and and social ills of society have elsewhere... They shall be sad people receded into the background while 2 here. “immorality”, defined in sexual Mugabe told the crowd: terms, has become a major theme. Homosexuality is prevalent in jails where there are mad people and The parliamentary debate criminals. But outside, we shall never accept it.3 Mugabe received support for his stand from several of the ZANU-PF Homosexuality in jails is a theme members of parliament. A few basic that recurs in the Zimbabwean themes recurred in these debates. debate. An explanation for this is To many speakers the question was offered by “Evelyn”, in a report seen not as one of individual rights from Harare by a journalist from the but as a threat to society and Mail & Guardian: culture seen as a body. She suspects that Mugabe himself, Homosexuality was brandished as an when he underwent a 12-year prison alien import of sick habits, as sentence under Ian Smith, may have unnatural, against the will of God been sexually abused. It happens all the time in our prisons.... and the need of reproduction, and many members joined Mugabe in ...It is because of the absence of advocating a campaign against any dialogue on the issue, Evelyn believes, that many Zimbabweans homosexuals. A few excerpts from the associate homosexuality with sexual debate will exemplify the tone and abuse.4 emphases of this argument. Mrs. Tungamirai spoke for President Mugabe continued to use condemnation of homosexuality the gay issue as a rallying point throughout the school, from grade 1: for the presidential elections in We should not ignore things as we 1 Quoted in the Financial Gazette were doing in the past. The reason (Harare), reproduced by IPS Africa Aug. why it has crept in[to] our society 18, 1995. is because we have not been 2 Associated Press and Reuters news transparent about this issue. The service, as broadcast on “This Way Out”, problem with us is that, we think program # 386, distributed Aug. 21, anything to do with sex must be 1995. hidden subject. It is not something 3 Quoted in IPS Africa, Aug. 18, 1995. to be debated in families. ---Since 4 Bart Luirink, “Zimbabwe’s gays live in AIDS is being taught to our children, fear of future”, Mail & Guardian, Sept. 23-28, 1995. 5 The Herald (Harare), Feb. 29, 1996

19 we must also incorporate such issues. today if you send them to prison, We must also convince them as to why they enjoy more. Therefore, I think this is wrong and why it is not part isolation of the guilty creating some of our culture. It might be culture form of punishment will help.4 in the western world but not our culture here. We would like to be In a somewhat contradictory way he proud of our identity as urged that there should be no public Zimbabweans.1 debate on ‘homosexualism’, as it Mr. Chigwedere’s elaboration of what already had made children want to homosexuality is reads like a experiment. He also lashed out synonym list of moral condemnations: against donors raising the issue: Through you Madam Speaker, let me I looked up a number of authorities shout to Zimbabwe as a whole that we and the sum total of all these do not talk about this rubbish in definitions is this one. These homo- public. Let me shout to Zimbabwe that sexuals are people given to social we should really point fingers to it pleasures. This is one definition. as wrong, as sin and a devil’s idea. The second definition says these are Whether it comes from donors, let people indulging in inordinate them know that we do not accept money pleasure. The third definition to bribe us in order for us to describes them as licentious and this indulge in wrong things. Let me speak means morally rotten and promiscuous. to the whole world that we are The fourth definition describes them Zimbabweans and we have a custom of as lecherous, this means lewd, our own. We know what is marriage and unchaste, base and given to de- its purpose.5 bauchery. In the vernacular this 2 means imbwa. Chief Mangwende was worried about To this speaker homosexuality was, what would happen to reproduction, above all, a threat to the society especially with the existence of as an organism: lesbians: What is at issue in cultural terms is I would like to look also at the a conflict of interest between the other side of the matter, where women whole body, which is the Zimbabwean are resorting to lesbianism. We community and part of that body should look at this case and see what represented by individuals or groups pleasures women get in marrying each of individuals. --- The whole body is other and what pleasures men get in far more important than any single engaging in homosexuality. We have dispensable part. When your finger read in the Bible, where God said I starts festering and becomes a danger create you so that you may multiply to the body you cut it off. ---The on this earth. How then are we going homosexuals are the festering to multiply if we do not do it the finger.3 right way? Are we going to produce any children if we promote Chief Makoni, who advocated whipping lesbianism? homosexual men, argued for isolating Finally, and implying an homosexuals both from society and identification between the biology from each other: of human sexuality and that of other To meet as a man and a woman, there animals, Chief Mangwende announced: is a purpose of producing children but if a man and man meet, what will We can see that animals are behaving they produce? We have found very de- in a better way. Cows know that they terrent punishment in our society and have to go to bulls only and the punishments which used to stop the bulls know that they have to go to 6 evil was to send culprits to places the cows. where they cannot do it anymore, but

1 Mrs Tungamirai (Pamela-Mabvuku), Zimbabwe parliamentary debate, Sept. 28, 4 Chief Makoni, Zimbabwe parliamentary 1995. debate, Nov. 8, 1995. 2 Mr. Chigwedere (Anias-Wedza), Zimbabwe 5 Ibid. parliamentary debate, Sept. 28, 1995. 6 Chief Mangwende, Zimbabwe 3 Ibid. (Same as above). parliamentary debate, Nov. 8, 1995.

20 says that the white members were The aftermath scared to death of politics, whereas some black members “were a lot more For the small homosexual community combative”.4 in Zimbabwe, and for the much larger The persecution and arrests of group enjoying at one time or homosexuals has almost exclusively another same-sex intimacy without been directed against men, but thinking of themselves in terms of a social prejudice against lesbians homosexual identity, there was fear keeps them silent and out of the that President Mugabe’s speeches public eye. A member of GALZ tells would inspire violence against them. the story of a 24 year old lesbian A local journalist told a New York woman from Gokwe, whose parents Times correspondent that: locked her up with a man when they Gay bashing goes on only at the found out that she was gay. The man highest political level. There’s a raped her day after day until she good deal of tolerance on the got pregnant. She had an abortion, 1 ground. fled from her parents, but was taken But with the mustering of support home by the police, locked up and from the ruling party’s Women’s beaten. The man was again brought League there was a risk that they in, she was raped repeatedly and got would repeat their methods from the pregnant again. She miscarried at electoral campaigns in 1985 and seven months and fled her parents 5 1990, when they had broken into the again. homes of people supporting the opposition, beaten them and thrown Human rights and gay discrimination their belongings into the street.2 If the Youth League, too, was The GALZ incident dominated the mobilised there could be a witch- debate on human rights at the 1995 hunt. book fair. One commentator who tried Although not reported in the to put this into perspective was Zimbabwean press, intimidation has Henning Melber, director of the occurred. GALZ members who had come Namibian Economic Research Policy to London reported on an incident Unit (NEPRU) in Windhoek. In an where a black 24-year old gay man extensive article, titled “Who was arrested twice in one day after Qualifies for Human rights?”, in The reading a poem at a convention on Namibian, Melber argued: prejudice in August 1995. His Certainly, homosexuality is part and picture was published in one of the parcel of human rights concerns. But Zimbabwean newspapers, and his it is neither the only nor the most burning aspect of human rights and college was informed that he was their violations. As a result, gay. Later the house which he shared however, it became almost the with this mother was burnt to the exclusive subject of concern and ground. 3 debate during the Book Fair. Missing The atmosphere of intimidation people, repressive laws, students makes it difficult to know whether beaten up on campus by police, restriction of the press and many other similar incidents have more burning issues for those occurred. It was reported that the concerned with human rights, were GALZ organisation has been weakened and has entered a period of crisis 4 following the book fair. One member Bart Luirink, “Zimbabwe’s gays live in fear of future”, Mail & Guardian, Sept. 23-28, 1995. 1 Donald McNeil, “For Gay Zimbabweans, a 5 Story retold by Bev Clark in Unspoken Difficult Political Climate”, The New Rules, published by the International York Times, Sept.19, 1995. Gay and Lesbian Human Rights Commission, 2 Same source. related in Diva Magazine, Oct./ Nov. 3 Gay Times (London), Oct. 1995 1995.

21 almost ignored. The dominant conclude with the hope that attending discourse centred around the debate the book fair next time, does not on sexuality. imply the exclusion of a neigh- If it had not been such an bourhood of discriminated sections of emotionally loaded subject, one might society, who ought to have a well have suspected that the whole legitimate right to participate in affair was deliberately initiated to the freedom of speech.1 sweep any other issue under the carpet. In this sense, the GALZ The South African Report saw served as the useful scapegoat. This Mugabe’s attacks on gays “a symptom surely was not a carefully planned of his growing sensitivity to effect, but a (maybe desired) criticism”: consequence of what happened. As if the human rights issues at stake It suggests a warning to the media should be limited to sexual practices and others critical of the government alone. that he is fast losing patience and Yet, as the weekly comment in will crack down on them. One could Harare’s Sunday Mail [August 6] read in it a warning that freedom of maintained: “An ordinary Zimbabwean expression cannot be taken too far. would conclude that the issue of ... The message is reinforced by the lesbianism and homosexuality is prosecution of the Gazette under a definitely not a burning issue at all rarely invoked “colonial” law. Though in this country or within the region the paper showed incompetence in for that matter”. Because of this, handling the Mugabe story, the the exclusion of GALZ would certainly charges were excessive and were seen not have been necessary, since the as retribution for the paper’s GALZ stand by all means would not exposures of government have posed any meaningful threat to maladministration, corruption and 2 public morality. Yet, as the comment abuse of authority. argued further: “Against the The “incompetent handling” of the background of a belt of grinding poverty for the black people, ... the Mugabe story included a provocative issue of whether or not love affairs use of irony. When Mugabe had called should be conducted between couples Zim-Rights, the human rights of the same sex is hardly a matter to organisation in Zimbabwe, an be highlighted as a human rights organisation of “Zimlooters” the issue”. But the non-issue was made the overriding subject neither by the Financial Gazette retorted that such GALZ, nor originally by the ZIBF remarks were inappropriate coming organisers, but by the government. from the chairman of “Robbers and Because of its intervention, the Muggers (Rob & Mug)”. In February GALZ’ stand became the most popular 1996 the owners of the Financial meeting point—in spite of the fact that no publications were displayed. Gazette, Modus House, bowed to gov- ... The Zimbabwe Book Fair ernment pressure and sacked its emphasises its international chief editor Trevor Ncube and character. But Internationalism is by several other members of the staff. definition active involvement and even interference into each other’s affairs. Eye witnessing the exclusion International protests of already marginalised minorities because of their private sexual The continued campaign against preferences (and none of the gays and homosexuals in Zimbabwe was followed lesbians of Zimbabwe have threatened by international protests. to demonstrate sexual practices in When Mugabe repeated his anti-gay public shows), while the guiding stand at the World Bank-sponsored theme of the Fair is human rights, causes at least uncomfortable feel- ings—to put it mildly. If the 1 Henning Melber, “Who qualifies for expression of such concerns is human rights?”, The Namibian, Aug. 11, labelled and classified as hostile 1995 also in the Southern African towards the host country, we have Political and Economic Weekly, SAPEM started to bury internationalism at a (Harare), Aug. 1995 as “Gays and time when we need it more urgently lesbians in Zimbabwe”. than ever before. I therefore wish to 2 The SA Report (Johannesburg), Aug. 18, 1995

22 Global Coalition on Africa meeting that discrimination and punishment of in Maastricht at the end of November persons on account of their sexual orientation is entirely unacceptable. 1995 Dutch Foreign Minister Hans van In a democratic society it is self- Mierlo told the Dutch parliament evident that people should be allowed that Mugabe’s statements to be themselves and in different contradicted the United Nations Con- ways express their orientation as venant on Civil and Political Rights long as it does not mean injure to which Zimbabwe was signatory.1 others. The question of the homosexuals’ rights in Zimbabwe is thus Before the Commonwealth heads of closely linked to the general respect state met in New Zealand in November for human rights and freedom in the 1995 thirty-seven members of country. The situation for the parliament wrote a message to presi- homosexuals is taken up with Zimbabwe dent Mugabe appealing to him to see in connection with other deficiencies in this area.5 that he was persecuting a defenceless minority, and said: The question after the crisis of the book fair in 1995 was whether it We are sure that, as a black African who grew to adulthood in a white- signalled a new chapter for and dominated Rhodesia, you understand understanding of human rights, and that discrimination is usually based the acceptance of homosexuals, or 2 on ignorance. whether it was a symptom of the In the Swedish parliament the erosion of universal human rights in Liberal Party MP Barbro Westerholm the name of indigenous values, as raised the issue first in October, interpreted by those in power. In 1995 and asked what the Swedish 1996 that question was not yet government does to show that it does answered. The struggle continued not accept the encroachments against with yet another book fair drama. human rights described by her in the following terms: Zimbabwe’s president Robert Mugabe is leading a hate campaign against the homosexuals in the country. Prejudices against homosexuals have been elevated to a national campaign. There are proposals to put homosexuals in quarantine. Another proposal is to include condemnation of homosexuality in the curriculum. The campaign has meant serious encroachment on human rights and has been taken up, among others, by Amnesty International.3 Westerholm repeated her question on March 29, 19964 and the Swedish Foreign Minister, Lena Hjelm-Wallén replied: The Swedish government views with great concern the verbal attacks on homosexuals in Zimbabwe. Our stand is

1 The Financial Gazette, Dec. 14, 1995. 2 Letter by Chris Carter a.o. , Oct. 1995. 3 Riksdagen, fråga till statsråd, Nr. 1995/96:64 (Swedish parliament, question 5 Utrikesdepartementet, to the Minister) utrikesministern, (The Swedish Foreign 4 Riksdagen, fråga till statsråd, Nr. Ministry; the Foreign Minister), April 1995/96:362. 10, 1995.

23 Zimbabwe—The Second Book Fair Drama 1996

At first it all looked like a will be considered purely on legal repetition, when the Zimbabwean grounds. ...No government pressure will be submitted to by the Trust. If government announced, just a week the participation of any organi- before the opening of the 1996 sation/individual is ques- Zimbabwe International Book Fair, tioned/objected to, the matter will that the Gays and Lesbians of be dealt with by the ZIBF’s lawyers 3 Zimbabwe (GALZ) was again prohibited in a court of law. 1 from exhibiting. On top of it all In October the book fair trust this announcement was made by the reiterated its “determination to same government spokesman as last maintain and develop the ZIBF as the year, the Director of Information premier pan-African book trade event Bornwell Chakaodza. and to do so in accordance with But it was not all the same. international standards and There were a number of significant requirements.” The statement differences: the book fair continued: organisers and GALZ were not caught In the wake of the Zimbabwe unaware and wanted to defend their government's directive banning Gays rights, the government was divided, and Lesbians of Zimbabwe (GALZ) from and the threat was not this time the participation in the 1995 Zimbabwe expressed rage of the president but International Book Fair, the Trust threats of violence.2 has reiterated its unequivocal commitment to freedom of expression and the fullest dissemination of “No government pressure will be information. The Trust is confident submitted to” that the Constitution of Zimbabwe provides ample protection for freedom The GALZ issue had caught the book of expression. It will uphold the fair organisers by surprise in 1995. terms of the Constitution, if The debate had shaken the trustees necessary by appeal to a court of and had forced them to think hard law. All applications to participate in the ZIBF will be considered purely about its implications. In on legal grounds and without any anticipation of the next book fair submission to government pressure.4 the trustees took a much more principled stand in a statement GALZ, too, were prepared themselves strangely labelled “private and for future confrontations with the confidential”, although sent to a government. They were naturally number of foreign funders: encouraged by the vigorous international protests, and by the tougher The ZIBF Trust Executive Committee stand of the book fair management, would like to reiterate its although sceptical of their will to unequivocal commitment to freedom of expression and the dissemination of really stand up against the govern- information. The committee has ment. GALZ had overcome the crisis implemented a policy that all after the 1995 book fair, and had applications to participate at ZIBF received grants from Dutch and Canadian sources. They had put 1 The Herald, July 24, 1996; Panafrican together a small book, Sahwira, with News Agency 23 July 1996. 2 This section is based on quoted written sources, and on interviews and 3 Statement from ZIBF Trust Sept. 14, observations by Mai Palmberg, who 1995, circulated to SIDA, APNET, SABDET, participated in the 1996 book fair NORAD, HIVOS, NOVIB, PASA, and the representing the Nordic Africa resigned trustees. 4 Institute. ZIBF press release Oct. 6, 1995.

24 a unique collection of life-stories there must have been second thoughts on being homosexual in Zimbabwe. on the wisdom of his previous line They were in contact with lawyers in public outbursts. When the book regarding their rights. It was with fair started, President Mugabe was some confidence that they had on a visit to Malaysia, but he submitted an application for a returned three days before it ended. double stand at the book fair just After the fair, at the Heroes’ Day, before the dead-line. As promised where the year before he had made they were accepted. his famous “worse than dogs and pigs” speech homosexuals were not mentioned. A divided government Perhaps the presidential silence As soon as news was out in Harare was only a temporary tactical about GALZ’ participation in the retreat to avoid unfavourable 1996 book fair a rather nasty mass comments on his own morality in media campaign started with the Zimbabwe. Preparations were under familiar themes we saw in the way for President Mugabe’s wedding previous chapter. And yet when in August to his former secretary, interviewed by the press the with whom he had children, not Minister of information, post and previously recognized as his. telecommunication, Joyce Mujuru, said the government could not inter- Threats of physical violence vene if GALZ participated, whatever views the government held on the There was a risk that verbal abuse issue.1 against GALZ could escalate into Even so, after Chakaodza’s physical threats. A newly founded statement the media made people Christian Communication Association believe that there was only one of Zimbabwe, and an “affirmative government line. Indeed, Minister action” student organisation called Mujuru was quoted during the book Sangano Munhumutapa had threatened fair week blasting homosexuality as havoc and violence if GALZ are foreign imposition of values, in a allowed. Its leader, Lawrence speech held at a seminar for Chakeredza, had said: 2 journalists. But this part of the We are ready to raze down the stands speech had (according to a reliable and go to jail. Our actions will be source) been added by the Minister’s for a noble cause. We want to protect subordinate, Bornwell Chakaodza, who the values of our culture. The had also described Mujuru’s earlier essence of the fair should be exhibiting what the country has statements on non-interference as achieved and can offer in literal pure phantasies. arts, and absolutely not President Mugabe remained totally homosexuality.3 silent in 1996 about the GALZ issue. These threats were publicized by the It was hard to believe that he had government controlled media and were changed his mind, but apparently thought to serve the interests of the government-led campaign by 1 The Herald, July 22, 1996, p.1. giving the impression that people of 2 The Herald, July 29, 1996. Mujuru was Zimbabwe abhorred the foreign quoted as saying that “The heart of the imposition of decadent values, which matter is that the cultural values of was how homosexuality was portrayed the majority do not accept homosexuality”, and that homosexuals by officially. Significantly, when GALZ going public are “disturbing the asked for police protection this was existing social equlibrium and violating refused. The risk of officially the rights of the majority”, and that inspired and/or condoned mob Zimbabwe had a right to protect and promote the cultural values that constituted the Zimbabwean Nation.” 3 The Herald, July 23, 1996, p.7.

25 violence was taken seriously by they exist, nor to speak as those concerned. The threat of homosexuals. violence cast a shadow over the whole 1996 book fair. Wednesday, July 24 Let us follow the book fair drama 1996 day by day, and then discuss Since no banning order actually the conclusions that can be drawn appeared in writing the book fair from this. trust took no decision on GALZ, but proceeded with preparations as usual. for the book fair itself and Sunday, July 21 the conferences and workshops held The Director of ZIBF, Trish Mbanga, in conjunction with it. was questioned in a national Thursday, July 25 Zimbabwe Broadcasting Corporation TV 2 GALZ issued a strong statement to programme, “Insight” about the the effect that they were legally decision to allow GALZ to exhibit at participating in the book fair, and the book fair. She said that the had appealed to police protection book fair wanted to exercise against harassment. democracy, and suggested that those The Zimbabwe Human Rights who did not like to see GALZ there executive director David Chimhini could just ignore them. She also was quoted in The Herald as saying said that she did not agree with all that there should be a national views and forms of behaviour debate on homosexuality to determine represented at the book fair, for the needs of society. He also said example, with the way Moslem men that “The banning of Galz from treat their women, but would not exhibiting at the book fair is an prohibit different voices from being overreaction by the Government which heard. is not in harmony with the current international thinking on the issue. Tuesday, July 23 Yes, Zimbabwe is a sovereign country and we should never give up our The director of information, Mr. hard-won independence, but our Bornwell Chakaodza announced that a practices must be seen to be just, banning order would bar GALZ from by our own laws.”3 renting a stand at the Zimbabwe The government-sponsored International Book Fair and also at The 1 carried a strange interview all future book fairs. Announcing Herald with professor George Kahari, one of the banning order Bornwell Chakaodza the board members of the Zimbabwe said: Book Fair Trust, and also director Gays and lesbians have, like anyone of the National Gallery of Zimbabwe else, a right to live, but they have (on whose ground the book fair is absolutely no right to publicly display literature and material at a held). He said that GALZ should stay public and cultural event where out and if they did not, law should hundreds of children visit to fulfil take its course. He was also quoted one of ZIBF’s commitments, which is as concurring with the view that ‘to uphold the right of the people of homosexuality is “against our Africa’ to have full access to books 4 which are culturally and materially culture”. relevant to their reading needs. This represented a nuance shift from 1995. Now the homosexuals have “a right to live” but not to show that 2 The Independent, July 26, 1996, also distributed on Internet. 3 The Herald, July 25, 1996. 1 The Herald, July 24, 1996. 4 The Herald, July 25, 1996.

26 where the director Trish Mbanga was Friday, July 26 working. A dozen participants left to show Trish Mbanga our moral In a paid advertisement in The support. A group of about 30 young Herald the executive committee of men and women claiming to be the ZIBF Trust expressed their full “Artists against AIDS” were singing support for the director, Trish and drumming outside the gate where Mbanga, who was said to carry out they had put up some non-artistic the directives and line of the posters against GALZ and against Trust. Trish Mbanga. Unfortunately one of the book fair participants, Peter Saturday, July 27 Ripken from West Germany, tore down two of their posters (for which he In an article entitled “Stand was dubbed “Peter the Ripper”). It Against GALZ Praised”, the Herald was hardly a wise thing to do when quoted a ZANU spokesman who said we were defending freedom of that the ZANU(PF) Harare Province expression. Police came, but made no had the power to rouse all its arrests. The demonstration all had members to demonstrate against the appearance of a “rent-a-crowd”, GALZ.1 with a few aggressive ones and the On the last day of the Indaba rest non-violent followers. In the (conference) on national book end this was the only organised policies, one speaker brought up the demonstration against GALZ. GALZ issue, which hitherto had been mentioned only in informal discussions off the record. The Sunday, July 28 General Secretary of the South GALZ held an extraordinary meeting African Writers Union (COSAW), Raks to discuss what to do. They Seakhoa, opened his remarks by reaffirmed their position to enter saying that it would be unfortunate the book fair but also stated that if the book fair was burnt to ashes. they were totally non-violent in He added that the book fair could their approach and appealed to those not colse without condemnation of who had threatened violence to the encroachment of human rights. “desist from such irresponsible Later in the day the chairperson of behaviour”. The statement also said: the ZIBF Trust, Elliott Mugamu, The banning of GALZ has no basis in explained the situation and law and as members of civil society, reiterated the support of the trust GALZ will not be bullied by for freedom of expression, and for government into withdrawing. It is a the director’s work. disgrace that politicians should put The Indaba ended with resolutions themselves into the position of determining moral codes of private on the themes it had discussed, such individuals. as the importance of indigenous languages in book production. There Regarding the cultural issue that homosexuality is un-African GALZ was a separate resolution states that in any democratic state emphasising the importance of where every individual is guaranteed freedom of expression for the book the inalienable right to freedom of fair, but with no explicit mention expression, gays and lesbians must of the GALZ issue. also be permitted to express them- News reached us inside the hall selves through their own gay and lesbian culture. Cultures are the in the Monomotapa Hotel where the belief systems and behaviour patterns Indaba was held that there were of individuals; they are not the aggressive demonstrators outside the moral prescriptions of dictatorial book fair gate, close to the office bodies. Cultural diversity is to be encouraged and not to be curtailed by oppression and tyranny. 1 The Herald, July 27, 1996.

27 freedom of expression which includes The right to freedom of expression is the right to receive and impart ideas guaranteed under the Zimbabwean and information without constitution and yet we are faced interference.--- with a government Ministry which seeks to curtail it—there is nothing Government has declared its adherence more Orwellian than that! --- to constitutional rights and to the International Covenants to which Homosexuals exist within all strata Zimbabwe is a signatory and in which of Zimbabwean society. It is inhuman freedom of expression, assembly and to persist with this persecution of association are pivotal. The us. The plight of homosexual people dictatorial statement by the Director in this country is harrowing and the of Information that Galz may not government must take full exhibit either at this or any future responsibility for increasing the Book Fair in this country, brings torment. 2 this into question. ---The gay community is standing up not just for gay rights but for the Significantly the Herald report holistic principle of freedom of concluded by saying: “Those speech which applies to all supporting the participation of Galz individuals and communities in this at the Book Fair have been the human country. We are proud to be Zim- rights organisations and lawyers”, babwean and proud to be gay.1 by that is implied that it is only In the Sunday Mail Justice Manyarara their petty sectarian interest that was quoted as being highly critical is concerned. of the way that the journalists had Early on Monday the ZIBF board of treated the whole issue: trustees declared that they would Justice Manyarara claimed not ask Galz to leave since they homosexuality existed in traditional were a legal organisation and there- Zimbabwe. He said he had read this fore had the right to take part. from an article published by a local Later in the day, the Chairman of magazine. “The story was killed by the Board of Censors, H. Malaba, not being republished by anybody else—I have the clipping. This is gave a “notice of prohibition” self-censorship,” he told directed to the director of the participants who included journalists Zimbabwe International Book Fair from Uganda, Tanzania, Kenya, Trish Mbanga and to Gays and Lesbian Cameroon and South Africa. Association of Zimbabwe stating Justice Manyarara said Zimbabwean that: journalists had not investigated the The Gays and Lesbians of Zimbabwe legality of the ban on GALZ. He said (GALZ) is prohibited from he personally knew that the ban was establishing or exhibiting at the illegal. He challenged Zimbabweans to Zimbabwe International Book Fair to carry out a referendum on the matter. be held at Harare from July 30 to No journalists had any knowledge on August 3, 1996. The order is based on what was going to be exhibited, so 17(1) of the Censorship and how can you begin support the Entertainments Control Act CAP 10:04 banning, he said. and was taken by the board of censors in consultation with the Secretary for Home Affairs. Monday, July 29 This order meant that both Trish A statement issued on Sunday by the Mbanga and Keith Goddard, acting Legal Resources Foundation was administrator of GALZ could have quoted in the press as criticising been arrested if the Order were con- the ban on ground of international travened. law: The ZIBF felt compelled to issue Section 20 of the Constitution deals a statement saying that they had to specifically with the protection of comply with the laws of Zimbabwe.

1 Statement from the Gays and Lesbians of Zimbabwe (GALZ) dated July 28, 1996. 2 The Herald, July, 29, 1996

28 Despite their September 1995 state- cultural set-up as many other ment (quoted above) that government minority groups. We do not believe that they are violating anyone else’s questioning or objecting to the rights by their own orientation and participation of any organisa- way of living as long as they do not tion/individual would be handled by impose this upon others. ZIBF lawyers in a court of law, the In a press statement Amnesty trust at this point was not prepared International condemned the banning to fight a legal battle. order and said that it could be a prelude to further human rights Tuesday, July 30 violations against GALZ members and GALZ challenged the government in supporters. court and questioned the validity of the order from the board of censors. Wednesday, July 31 It noted that the notice was not The High Court declared invalid the even written on official paper. In a government order prohibiting GALZ statement it condemned the actions from putting up a stand and of what by mistake was called the exhibiting material at the book Ministry of Homoe Affairs [sic]. fair. Judge-President Sandura said The book fair was officially it was unreasonable for the opened in the evening by John-Willy censorship board to ban material it Rudolph, head of KOPINOR in Norway, had not seen and that the censorship an organisation to set up procedures board could not prohibit pieces of for remuneration to authors of copy- wood and canvas from being erected ing material illegally. At the end in the shape of a stand at a public of his speech he referred to the fair. The government attempted to GALZ issue, without mentioning the lodge a counter-appeal against Judge organisation by name. It is sad, he Sandura’s ruling, but this was said, that one registered dismissed by the High Court. A participant was excluded from par- government appeal was then lodged ticipating, and added that he wanted with the Supreme Court, which, to salute the balanced views however, did not handle the matter expressed by Justice Manyarara (see during the book fair. above). Rudolph added that the The book fair trustees met before Zimbabwe International Book Fair the court order was known, and must be seen as an international decided after considerable event, with international high 1 discussion, that they would follow standards of freedom of expression. the law and allow GALZ to exhibit if The Association of Namibian the banning order was declared Publishers (ANP) issued a statement unlawful. (not quoted in the press but At the same time, the student circulated at the book fair), saying representative council at the among other things: University of Zimbabwe was reported We find no justification for the in government-sponsored the Herald Government of Zimbabwe’s intervention to have condemned the book fair to once again prevent the Gays and Lesbians of Zimbabwe (GALZ) from management for letting GALZ participating in the Zimbabwe participate, and saying that if they International Book Fair. We cannot did, they (the students) would see any violation of accepted inter- definitely be there, and it should national norms by the fact that be known to the ZIBF management literature by and on homosexuals is “that their uncultural behaviour may displayed at an international book fair. Gays and lesbians are as much prove detrimental to the Book fair” part of a world wide, complex socio- and may see the gays and lesbians

1 My notes.

29 “face public genocide unceremo- “Pasi nengochani” on a small piece niously”.1 of paper and stuck it onto the flowers. I extracted a translation which was “Down with the homo- Thursday, August 1 sexuals” (strangely enough Shona Galz came to their book stand on does have a word for what some deny Thursday morning, two hours after exists!). Nobody dared admit they the Zimbabwe International Book Fair had written it, and nobody dared opened to the public (after two days protest when I took the paper and for traders in the book business). walked away. Their stand had already been given The Zimbabwe Independent, a to a late-comer, but since GALZ had weekly paper, appeared with good paid they were given their rightful coverage of the GALZ issue. On the stand. GALZ did not, however, bring front page was a picture of three any material. When the GALZ GALZ activists (one white man, two spokesman Keith Goddard appeared in black women) in their stand, head- the stand, the press and a crowd of lined “Under Siege”. people assembled around the stand in such numbers that you could not see Saturday, August 3 him. With Keith Goddard were some other members of GALZ, including at On the last and most popular public least two black gay activists. day of the fair GALZ came with a well-decorated stand. At their own Friday, August 2 demand their stand has been moved away from the book fair proper to On Friday GALZ were not at the book the so called Mayor Garden, which is fair at all, since a number of also inside the gates, but a hostile young men had assembled at separate ground used for big their stand, and GALZ felt that meetings and with two food places. there was not enough security to GALZ wanted to secure the pos- protect them or their visitors. sibility of escaping through a back Their double stand remained empty gate if the situation became nasty. the whole day, with only two Even before the fair opened, bouquets of flowers as a sign of while GALZ were decorating their support. GALZ explained their stand with two paper figures absence in a later statement: supposed to be a pair of women and a On the second public day ... GALZ was pair of men, some reading material, forcibly prevented from taking up its and clippings from the Zimbabwean position at the Fair because a press, there was a crowd of people violent mob, led by Public listening and putting questions to Prosecutor, Herbert Ushewokunze, descended on the GALZ stand. The Keith Goddard, the spokesman for public Prosecutor stated that he and GALZ at the fair. Keith Goddard is a his followers represented ‘the small and gentle man, whose People’s Court’ and that they “did profession—ironically—is to promote not care about High Court Rulings”. traditional Zimbabwean culture. The This provided concrete evidence of a atmosphere was friendly, and some of direct link between government and the violence against GALZ.2 the guards also got into the crowd to listen. There were also some When I passed GALZ stand there Zimbabwean journalists, who wanted were some aggressive young men in to hear the other side of the story, the crowd, but most people seemed and were concerned about the safety just curious. Somebody had written of the GALZ members. When I saw the stand again at 1 The Herald July 31, 1996, p. 11. noon, or rather the crowd 2 Statement from the Gays and Lesbians surrounding GALZ, there were some of Zimbabwe (GALZ) dated Sept. 5, 1996.

30 fairly aggressive young men around notably The Independent and some the stand, even some standing on journalists who wanted to hear “both their table. The members of GALZ sides”. patiently answered questions and ex- Despite the fact that there in plained who they are and why. Next the end was very little violence, time I passed their site, however, the threats of violence loomed in the late afternoon, they were large. Threats of violence is part gone, and so was the stand. of violence and intimidation. The Rumours spread that there had fact that there was no statement been some sort of attack, a rumour against violence from any Zimbabwean seized upon by sensation-hungry leader was a sign of lack of moral journalists. This is GALZ’ own re- leadership. port: The presidential gay-bashing has On the last day of the Fair, GALZ set also helped to erode the respect for up its stand early, away from the legal rights. One day I had a heated main arena, and started to answer discussion later with a student who questions from the public and defended the right of violence and distribute its literature from 9:00 claimed that the courts and lawyers a.m. This supply was exhausted by could be ignored, since “they will 12:30 p.m. Shortly after, it was reported that a violent mob was permit anything. This is not a making its way to the Book Fair. question of law” he added, “it is a GALZ, in accordance with its policy question of culture”. of non-violence, withdrew peacefully. The mob trashed the stand and tried to burn remnants of the literature Scapegoats around the stand.1 One can ask—as some students did—why the government uses riot police Civil society versus government against students and arrest some of The 1996 book fair drama was to a their leaders, while they have not much larger extent than the previous arrested Galz leaders, nor did they one a battle between civil society ban Galz as an organisation. My and the government. The independent interpretation of the situation is judgment of the High Court, the much that, however happily the government stronger statements this year of the would live without homosexuals, it three human rights organisations, knows that after the furore follwing the relatively tougher stand by the the 1995 book fair any move to ban Zimbabwe International Book Fair GALZ would be unwise. In any case, leadership and the persistence of GALZ is a small group and poses no GALZ itself, put the issues of real threat either to government or freedom of expression and human to the country. Students, on the rights squarely on the agenda. GALZ other hand, represent a large and with it civil society won the constituency with which government battle and earned a lot of respect has had difficult—and sometimes very for its courage and prudence. difficult—relations; government sees The role of Zimbabwean mass media it as being vital to manage these is open to question. Despite the relations in a way that protects its fact that they gave very little own interests (and perhaps—though coverage of the book fair other than more doubtfully—the interests of the writing about GALZ their reports country) and will act with force were often misleading, and often against students when it deems lent themselves to an incitement to necessary. violence. There were exceptions, but The GALZ issue at the book fair not in the leading mass media, is a matter of prestige for the government and president of the country, and verbal gay-bashing has 1 Loc.cit.

31 provided a mechanism for whipping up response to an international political support for the ruling campaign during and after the book party at a time when common people fair 1996 several donor governments, are suffering from rising costs and among them Canada and Holland, said lesser services, low prices for they continuously keep in touch with their crops and growing and glaring developments. disparities between the few rich and Some voices were raised in favour the many poor. of a boycott of the book fair. This My own impression is that this would be a blow to civil society in strategy hass not worked. Homophobia Zimbabwe, and to thousands of people is NOT the general feeling of the who gather to the fair grounds in a people of Zimbabwe. I met a lot of very real book hunger. But it would ignorance but also curiosity. The probably not move the government GALZ issue has opened the eyes of much. The lessons to be learnt from many Zimbabweans to the absurdity of other boycotts, notably that of making a small defenceless minority apartheid South Africa, was that the like the GALZ the scapegoat of cultural boycott missed the target, people’s frustrations. whereas economic pressure could The government attitude does yield results. hamper information, but at the same The issue of homosexuality and time the 1996 book fair drama served human rights in Zimbabwe will as effective advertising for GALZ, continue to gain international and various cultural initiatives, attention. It is already a bone of such as community theatre plays, are contention for the World Council of planned which will treat Churches anniversary conference to homosexuality as a theme. be held in Harare in 1998. The But whereas people in the capital churches are wavering while the of Harare are more open-minded government of Zimbabwe is trying to (except for small groups of prevent the issue from being on the homophobic men), the people in the agenda, and particularly any countryside are less informed and criticism being voiced against it. dependent on the rhetoric of their leaders. Another factor is that an increasingly authoritarian character of the ZANU-PF rule has left people with relatively little civil courage. It is not insignificant that the gay-bashers are young men. As in many places in Africa, changing times hits the men’s traditional roles particularly severely. The black women in GALZ were more at risk for violence than others. After the book fair one of the activists was seriously threatened and intimidated by a local ZANU-PF Youth League in her hometown.

Continued international watch The international community will have reasons to continue to watch developments on human rights and homosexuality in Zimbabwe. In

32 African Views on Homosexuality

Mugabe is not the only African communities going through leader to have denounced urbanisation. In the old days, sex homosexuals. Echoing a widely held education was transmitted to the view that homosexuality is a white young during initiation rituals, but importation to Africa, Kenyan where traditions are breaking down president Daniel arap Moi has this no longer works. The formal claimed that “words like lesbianism education in modern schools have not and homosexuality do not exist in filled this vacuum, especially since African languages”.1 Kenya’s the modern school system was principal immigration officer, Frank introduced by missions societies, Kwinga, agrees, arguing that which carefully omitted giving any “homosexuality is... morally sex education. These schools instead unacceptable in our country.”2 transmitted the ideology that sex Until recently in Africa, public within marriage was the only natural comments on homosexuality have been and permitted sexual activity, and fairly infrequent. Former Tanzanian that reproduction was its purpose. president Julius Nyerere, a politi- What public commentary there has cian who is admired for his been on homosexuality has, until progressive views on a range of recently, been almost uniformly issues, argued in 1974 that hostile. Amongst literary works by homosexuality is a phenomenon alien black African writers there are only to Africa and that in Africa, a few that treat homosexuality with therefore, there are no grounds for sympathetic understanding. There is homosexuals and lesbians to be a Tanzanian short story by D.N. defended against discrimination Malinwa on a homosexual relationship (Nyerere’s comments were made in the between two black working class course of an interview with Hubert men4, and the work of the Fichte, but were omitted in the Cameroonian novelist Calixthe published version).3 Nyerere’s Beyala. But such texts are few and comment might be seen as ill- far between. In the great majority informed rather than as a crude of novels and stories by black display of prejudice as the issue of Africans that mention the subject, homosexuality at the time was not homosexual relations are targeted as debated as openly as now. being unnatural, abusive and ex- There exists a culture of ploitative.5 silence. within which questions of In the press generally, sexuality—of any kind—are not often commentary has largely been based on debated openly and frankly. In a couple of basic contentions. Africa this is partly the result of a vacuum created when old mores are 4 D.N. Malinwa, “Everything Under the no longer upheld, especially in Sun” in O.R. Dathorne and Willfried Feuser, eds., Africa in Prose, (Penguin, Hamondsworth 1969), pp. 263-270. 1 Mail & Guardian, (Johannesburg) Sept. 5 For accounts of this literature, see 29, 1995, p. 3. Chris Dunton, “‘Wheyting is dat?’: The 2 The Guardian (London) Nov. 3, 1993, p. Treatment of Homosexuality in African 12. Literature”, Research in African 3 The abridged interview appeared in the Literatures, Vol. 20, No. 3, Fall 1989, Frankfurter Rundschau, June 10, 1974, p. pp. 422-448; Chris Dunton, “Gay and 14. The material cited is from a Lesbian Sexuality”, in the Oxford complete transcript of the interview in Companion to African Literature the possession of the authors. (forthcoming).

33 First, that homosexuality is an discrimination of persons on grounds offence that can readily be of their sexual orientation, there conflated with other offences, such is a battle raging in almost all as bestiality, child abuse and the Western countries for and against marketing of pornography.1 Second, acceptance of homosexuals and that—in the words of a 1987 Lagos homosexuality. The arguments used in publication—“homosexuality is still these debates are of the same type largely a Euro-American perversion as those that we quote here from the which has not yet any foothold in debate in southern Africa. We would Africa”2. Or, as one Nigerian venture to suggest that these popular novel put it, it is “grossly battles are not about traditions repulsive, un-African and most versus foreign and strange patterns unlikely.”3 of behaviour, but between humanism A word that is often used in and authoritarianism, or, expressed stigmatising homosexuality in Africa differently, for or against a human is “tradition”—the argument being rights culture. that homosexual relations are incompatible with traditional African African homosexuals defend their social practice. But there is such a rights thing as “the invention of tradition”—that is, the manufacture, or Occasionally in the past the African at least simplification, of ideas press has debated homosexuality in a about traditional practice in order way that is relatively open. For to serve the interests of particular example, an extensive article in the groups, or to provide a politically Sesotho-language paper Shoeshoe not convenient and sanitised reading of only admits that the practice of history and of the nature of homosexual behaviour can be found specific communities. As a writer amongst men in Lesotho, but gives calling him/herself Umfana argues space to these men to argue their (in a letter to The Namibian own defence. One interviewee says: following the Book Fair incident): We opened a club for ourselves at Moshoeshoe II (suburb of Maseru, The opportunist turning tradition capital of Lesotho). But people into a convenient supermarket for passed bad remarks about it until we tools of power makes a mockery of it. closed it. What makes me wonder and Traditions contain moral principles, fail to understand, is why these but that does not mean that we are people must condemn us and why they allowed to shirk the obligations of 5 should get involved. moral discourse.4 It is worth noting that this article The exclusive attribution of appears in a newspaper published by homosexuality to Western influence Lesotho’s Department of Information. raises other questions, too. There The letters’ columns of is a false implication that newspapers have occasionally given homosexual relations are entirely space to African men who love men, accepted within western societies and women who love women, to defend and western culture. The actual themselves. Some such letters are situation is different. Although quoted in the chapter on Botswana some countries have outlawed below. Another appeared in the Lesotho paper The Mirror, which also

1 published a photograph of the See, for example, a letter in the Mail & Guardian, Feb. 23, 1996. author. 2 Monthly Life, Vol. 4, No. 5, May 1987, I am a 22 years old man Stadium area p. 8. in Maseru. I have got a straight 3 Edia Apolo, Lagos Na Waa I Swear (Heritage Books, Lagos 1982), p. 44. 4 Umfana, “On Tradition and Gay Rights”, 5 “Banna ba ‘maotoana’ ba itseka”, The Namibian, Oct. 13, 1995, p. 6. Shoeshoe (Maseru), Oct. 14, 1993.

34 looking man friend, who was not really getting satisfactions from his heterosexual practice until he found Questions of identity where his satisfaction is—which was Can we realistically talk about an the gay sexual way of life.... It did not take him long to realise that African homosexual community? Do the being gay is not the end of the world individuals whose lives are and that he could live more happier discussed in the previous section than ever before. He has tried with form a community of African gays and other man friends and found out that lesbians? Do they think of his problems are solved. We know that people do not accept our way but is themselves and talk of themselves as there anything wrong in it?1 members of a homosexual community? Perhaps we should talk, less What has been visible in the categorically, about men who love southern African press since the men and women who love women, a Zimbabwe Book Fair incident in 1995 phrase that we deliberately is a growing willingness to give introduced above. By this expression space to the discussion of we want to include men and women who homosexuality. Whether this will have a sexual preference for members prove to be only a temporary of their own sex, and men and women opening-up of the debate remains to who occasionally and voluntarily be seen. Clearly, though, President engage in same-sex sexual acts, but Mugabe’s intervention and its who nevertheless do not consider aftermath have brought the themselves members of a homosexual discussion of homosexuality closer community. into the mainstream. Much of this It is important to face here debate remains homophobic, with the questions of culture and the inherent paradox that the expression possibility that—without over- of homophobia by African politicians generalising—people of different and others seem often to amount to cultures may have different ideas saying that “homosexuality doesn’t about the way their sexual prefer- exist in Africa —but don’t do it ences and sexual behaviour anyway because it is rotten”. contribute to their identity. The More important is the fact that question to face is whether the idea the voices of women who love women of a gay and lesbian community is a and of men who love men are being Euro-centric phenomenon. heard in a way that has rarely hap- There exist published pened before. Here are the voices of autobiographical accounts (that is, men and women who are responding accounts of one’s own life-story or assertively to the denial of their life-style) written by black African existence or the denial of their gays and lesbians: or, more rights. specifically, by black Africans who In the next section we move explicitly regard their sexual towards a discussion of human rights preference for and attraction to organisation amongst African gays members of their own sex as and lesbians. First, however, we be- something that significantly lieve it is necessary to discuss contributes to their identity, their questions relating to individual sense of who they are. There are the identity, that is, to the way letters to the press mentioned individuals think about themselves above, and those we cite from the and their behaviour, and the way debates in the wake of the book they relate this to the nature and fair. Recent anthologies of writing behaviour of other members of their on gay and lesbian lives in South community. Africa include pieces by black men and women, including work by black 1 “Is it Sin to Be Gay”, The Mirror gay and lesbian rights’ activists (Maseru), Nov. 20, 1992, p. 8.

35 such as Simon Nkoli and Tanya Chan like homosexual—or gay—do anything 3 Sam. 1 for anybody. These writings are appearing more Nugent here refers to “words”, that frequently now than twenty, or even is, to categorising names that ten years ago. Yet it is clear that define group identity, like “gay” in South Africa (and probably in and “homosexual”. When President southern Africa generally) the Mugabe and others describe majority of gays and lesbians who homosexuality as “un-African”, a write on homosexuality are white. common response has been to cite the Does this bring us back to the existence of words for homosexuals idea (common in the homophobic and homosexual behaviour in African writing discussed above) that languages. The Shona word “ngochani” homosexual behaviour is virtually is often cited.4 Other examples absent amongst black Africans? Or include the Sesotho word “maotoana” does it, rather, raise questions and the Hausa phrase “dan kashili”. about identity and about discourse— Yet perhaps the existence of these that is, about the way different words is not all that helpful in communities talk about certain establishing facts about things and the way they may or may homosexuality in Africa. What after not give specific names to all, are the origins of these words? particular kinds of behaviour? How are they used—as neutral There seems quite a lot of descriptions or as derogatory terms? evidence to suggest that in black How widely are they used and in what communities homosexual behaviour is contexts? And what would it mean if recognised as a fact of life but these words did not exist—that black rarely discussed. Accounts by black African women never had sex with gays and lesbians in The Invisible other women, or men with men? Ghetto and Defiant Desire bear We should point out here that as witness to this. The same seems to we attempt to understand the history be true of black communities and experience of men who love men, elsewhere—at least at certain points and women who love women, the in history. Neil Miller writes of question of naming and the Harlem, New York, in the 1920s: significance of historical and Those who engaged in same-sex linguistic record seem fraught with activities rarely identified problems. Both the importance of themselves as homosexual. A concept seeking scientific information and of exclusive gay or lesbian identity hard facts, and the difficulties was weak and was not socially 2 involved in this search emerge from acceptable. Lars Eighner’s recent study Gay In the same book the novelist Samuel Cosmos.5 His final chapter “Black Delaney quotes the black (Harlem Ganymede” (pp 197–224) is a study of Renaissance) writer Bruce Nugent as the record of homosexual activity saying: amongst black African communities, I just don’t see why everyone has to followed by “A Brief Cross-Cultural be labelled. I just don’t think words Survey” (pp 225–240) that documents homosexual activity amongst black African (and other) communitites. This record is valuable, yet a 1 See Matthew Krouse and Kim Berman, number of questions arise about the eds., The Invisible Ghetto validity of the documentation (Johannesburg: COSAW 1993); Mark Gevisser and Edwin Cameron, eds., Defiant Desire (Braamfontein: Ravan 3 Miller, p. 155. Press, 1994). 4 See, for example, The Namibian, Aug. 2 Neil Miller, Out of the Past: Gay and 21, 1995, p. 6. Lesbian History from 1869 to the Present 5 Lars Eighner, Gay Cosmos, New York: (New York: Vintage, 1995), p. 150. Masquerade Books, 1995.

36 quoted, much of which is from exchanges. Kendall goes on to specu- anthropological writings of the late that too much talk about colonial period. How reliable are homosexuality and more overt these surveys, what relationship of labelling of intimate relationships trust existed between the between women as “lesbian” or information-seeker and the “homosexual” may make women afraid information-giver, and what methods of entering into such relationships— were used to gather this especially if this naming is pejora- information? tive and thus discriminatory.1 These observations—and the very title of Judy Gay’s paper, “Mummies Identity and human rights and Babies and Friends and Lovers”— Questions of identity and of naming suggest a tendency amongst African oneself “gay” or “lesbian” are women who love women not to draw important in the discussion of human rigid dividing lines between rights and homosexuality in southern friendships that have a sexual Africa. To demand to be protected component and those that do not, and against harassment and perhaps also not between the discrimination on the grounds of enjoyment of homosexual and sexual orientation involves some de- heterosexual activity. To turn back gree of open acknowledgement of the to the two trends mentioned above, nature of one’s sexual preferences. this would suggest the lack of a In other words, it involves an act need to give separate names to of naming oneself. For organisations different ‘stations’ on a continuous that defend gay and lesbian rights, line that takes in love “coming out of the closet”, that is, relationships, friendships, and acknowledging one’s same-sex affectionate relationships. preference, is a major item on the The book by Lars Eighner agenda. In this context two separate mentioned above contains some trends are apparent: important recognitions on these On the one hand, for many men who questions. He argues, for instance, love men and women who love women, that “a homosexual-heterosexual axis the acknowledgement of a “gay” or is inadequate for expressing the “lesbian” identity may seem either range of human sexuality”.2 offensive or meaningless. There is an enormous diversity of On the other hand, there is a same-sex eroticism in the Third growing number of men and women who world, says Peter Drucker in a 1996 do feel a strong need to acknowledge overview, although reciprocal gay- their identity as gays and lesbians lesbian sexuality arose only in the and to claim their human right to be nineteenth century.3 protected against discrimination and A point worth bearing in mind is abuse. the importance of children in The latter group is still African society. This could be one predominantly white in southern possible explanation to why there is Africa, but includes a growing number of black men and women. 1 Limakatso Kendall, “Looking for Writers like Judy Gay and Lesbians in Lesotho”, paper given at the Limakatso Kendall have described Gay and Lesbian Studies Colloquium, loving relationships between women University of Cape Town, Oct. 19-21, in Lesotho that have an erotic 1995; Judy Gay, “Mummies and Babies and component, even though “erotic Friends and Lovers”, Journal of exchanges” among women may not be Homosexuality, Vol. 2, Nos. 3-4, Summer 1985, pp. 97-116. classified as “sexual”, that is, 2 Eighner, op.cit., p.44. ringed round with a term that sets 3 Peter Drucker, “Gay and Lesbians in them apart in kind from other the third World”, The New Left Review, 218/1996, pp. 75-101.

37 an acceptance—not necessarily distinctions that depend on expressed in words—of same-sex historical, cultural, and economic intimacy, but less understanding and factors, of which racial oppression acceptance of homosexual identity. is one. One comes across situations in which The questions about identity and same-sex sexual intimacy is naming reflect a debate already tolerated and benevolently taking place in southern Africa, and overlooked, as long as this is not one that will need to develop if made overt and public, so long as people are to achieve full potential there is no risk it will interfere and adequate understanding of each with a heterosexual marriage and other. We wish to stress, however, prevent the bearing and raising of that though our booklet is concerned children. Same-sex intimacy is here with issues of sexual behaviour, it tolerated, as long as it remains un- is first and foremost a contribution named, and as long as it does not to the discussion of human rights. exclude sexual acts with members of Gay and lesbian rights are the opposite sex. Without its label, sometimes looked upon as being there is in reality bisexuality in different from other rights. Contri- many African societies. Yet, there buting to this view is a heritage of are also other voices, representing viewing homosexuality as a sickness, the second trend mentioned above, not something normal. The issue is that express a need to acknowledge a also obscured by the tendency to gay and lesbian identity openly. identify homosexual behaviour as the Amongst submissions to South primary source of AIDS, and the Africa’s Con stitutional Assembly conflation of homosexuality with was one by Ronald Louw, a gay criminal acts, ranging from activist and convenor of the bestiality to child abuse. Kwazulu-Natal Coalition for Gay and Yet the identification of AIDS Lesbian Equality. Louw writes that with homosexuality is not only ill- while conducting research in Durban informed, it is dangerous, as it amongst black African men who love obscures real knowledge about the men, as discussion opened out he disease and muddles any practical “continuously found an overwhelming awareness as how to deal with it sense of relief being expressed by (see the appendix on AIDS facts). African men that another dimension The identification of of their oppression was being homosexuality with criminal acts lifted”.1 It must be noted, too, such as rape and child abuse is also that black gays and lesbians have dangerous, and offensive to gays and had a visible presence, certainly in lesbians. Such acts are no more South Africa, for decades, and that likely occur among homosexuals than they have taken part in gay and in the heterosexual community. lesbian rights’ organisations, There certainly is a problem of though often experiencing conflict same-sex violence in prisons and with their white counterparts.2 men’s hostels in southern Africa, The culturally inherited concepts but this tells more about the of identity thus vary. But we should oppressive nature of these like to emphasise that black and institutions than it does about white women and men who are attract- homosexuality. A recent study in ed to members of their own sex do England about men raped by men came not form absolutely separate groups, to the same conclusion as many along racial lines. They form previous studies on heterosexual overlapping groups, but there are rape: sexual violence is not about sex but about using humiliation to 1 Ronald Louw, submission to the assert power. Only a minority of the Constitutional Assembly, Dec. 3, 1995. men who raped men were homosexuals. 2 See Gevisser and Cameron, pp. 52-55.

38 The demand for rights of gays and lesbians not to be discriminated against because of their sexual orientation does not in any way mean condoning sexual exploitation and sexual violence, or asking for laws against these offences to be abolished. If the priorities were set right we would not see campaigns against homosexual love between consenting adults, but a much greater concern with sexual violence and rape, which clearly is an offence against human dignity and freedom. We have, in this chapter, raised some problematic questions about identity. We have suggested that when it comes to discussing men who love men and women who love women, one must avoid easy generalisations. But when it comes to the prohibition of discrimination and of harassment, then generalisation is easy enough. Here, homosexual and heterosexual behaviour fall into the same category, and the stand we take in this booklet is that human rights are essential for all.

39 Namibia—Ministers and Activists

After the book fair in Zimbabwe, which was widely reported in the The minister’s lecture Namibian press and supplemented with interviews with Namibian gays, the Helmut Angula returned to the issue debate was raised to ministerial a few weeks later in a lengthy level as two ministers joined the article printed both in The Na- crusade against homosexuals. mibian and New Era. He repeats his “Homosexuality is like cancer or attacks and also gives a lecture on AIDS and everything should be done the cause and origin of homosexual 2 to stop its spread in Namibia”, behaviour. He labels those who de- Hadino Hishongwa, the Deputy Mini- fend gay rights as “Eurocentrists ster for Lands, Resettlement and and their fellow-travellers” and Rehabilitation was quoted as saying writes: to the weekly New Era in early ...homosexuality is an unnatural October. Homosexuality was alien to behavioural disorder which is alien Namibian society, and those who to African culture. It is a product engage in homosexual and lesbian of confused genes and environmental aberration. In Judeo-Christian relations should be “operated on to culture, it has generally been remove unnatural hormones”, he said. perceived as sinful. “In an emphatic tone”, the reporter records, “Hishongwa said he did not He says he was misquoted on take up arms to fight for an immoral homosexuality as a product of society, neither does he want his Western culture, qualifying children to live in such a corrupt that homosexuality is a product of state”. 1 industrialised society, where there The reporter had also solicited is plenty of boredom and unbridled materialism, as well as liberalism the opinion of Finance Minister bordering on anarchy. Helmut Angula, who warned that homosexuality had infiltrated “It is agreed” Angula continues, Namibian society, and might “lead to that homosexuals social disorder”. In his view, the in their overwhelming majority [lead] practice should be fought through anti-social lives. They are abusers intensified campaigns and political of alcohol, drugs, violent crime, mobilisation. child abuse and all type of evils, and are sources of deadly The ministers’ round was communicable diseases. concluded by Nahas Angula, minister for Tertiary Education, Vocational He repeats Hishongwa’s idea that Training, Science and Technology, this horrible behaviour is due to a who refused to comment, saying he “gay gene”, and sums up: would rather devote his time to It is my view, and that of many better things than talking about the others, that homosexuality is a rights of homosexuals. mental disorder which is curable through long-term treatment and as new technological applications emerge.

1 Fred Mwilima, “Homosexuality is like Cancer or the AIDS scourge. Hishongwa blasts gays”, New Era, 5-11 October 2 New Era, 21-27 December 1995, The 1995. Namibian, 10, 17, 24 November 1995.

40 The “gay gene” theory had already ---Why should homosexually loving provoked the Clinical Psychological humans be excluded from the fundamental right of choice? Who is Association of Namibia to say: the Deputy to join Mugabe and deny us This is a foolish statement that our humanness, dignity and human reflects total ignorance of medical, rights? Were these not exactly the surgical and psychological treatment issues that the Deputy’s political techniques. No hormones can be party waged an armed struggle for 2 removed surgically.1 before 1990? The chairperson of the Association Namibia has not yet altered old laws expressed concern that the against certain homosexual acts, misconceptions and gross misunder- which were inherited from the time standings expressed by Ministers that the country was occupied by Helmut Angula and Hadino Hishongwa apartheid South Africa. The could “be extremely harmful to the constitution of independent Namibia harmony and general well-being of (1990) does not mention “sexual the Namibian society”. orientation”, but in its preamble guarantees “the right of the individual to life, liberty and the Gay rights and the liberation struggle pursuit of happiness, regardless of colour, ethnic origin, sex, Two fundamentally different views religion, creed or social or stand against each other in the economic status”. For the first Namibian debate. On one side, the time, these fundamental rights two ministers describe homosexuality appear to come under attack. as a danger threatening the fruits Hartmann, du Pisani and Steakley of liberation. On the other side are wrote to The Namibian : those who see the recognition of gay Traditional targets of derision— rights as a logical extension of women, children and foreigners—have those human rights won in the seemingly been replaced by gays and struggle. Wolfram Hartmann and Andre lesbians. Has homophobia superseded du Pisani elaborate this view in The xenophobia as Namibia enters a new Namibian: phase of gay bashing, verbal for now, physical in the future? Are we When Swapo waged its liberation witnessing the advent of politics of effort from exile, the movement could ostracism and displacement? --- always be sure of backing by gays and Homophobia in general and its lesbians. As somebody who between southern African variant at present, 1975 and 1990 lived in Europe and constitutes a grave threat to both engaged in gaylib and in Anti- the integrity of the individual and Apartheid activity, I know that the more broadly to the entire citizenry solidarity movement had a of this region. This is so because disproportionately high percentage of homophobia propagates hatred of the gay and lesbian activists; no demon- very being of homosexually loving stration against apartheid went citizens and thereby tears at the without a strong presence of gay and fabric of civil society. At bottom it lesbian participation. Gays and rests on the same logic of contempt lesbians share a very long history of that prompts all misanthropic acts: persecution and therefore a very wife-battering, rape, child clear sense of injustice. One more molestation, disregard of the elderly question: Why are those nations of and so on. For that reason it also the West (against which is has become diminishes the dignity of the so fashionable to be nasty) who are majority that happens to love het- liberal when it comes to homosexually erosexually. loving men and women, also the na- Ironically, the thesis that tions who most vociferously and homosexuality is Western and practically backed Swapo?

2 Wolfram Hartmann & Andre du Pisani, 1 “Many Misconceptions about “Let’s get the facts straight on gays”, homosexuality”, The Namibian, Oct. 20, Letter to the editor, The Namibian, Oct. 1995. 13, 1995.

41 therefore by definition decadent, He found homosexuality in all constitutes itself a peculiarly cultural groups and lesbianism in Western power discourse. This is so most and provided a list of terms because it denies the richness of used in Oshiwambo, Otjiherero and cultural and human experience.--- Nama-Damara for homosexual acts and Psychologically defined, homophobia relationships and described relevant serves to bolster a male identity, customs and practices. disintegrating in the face of rising This research was done at a time demands from women and other marginal when Western countries were still social groups. --- criminalising homosexuality and We are concerned that the recent trying to ‘cure’ gays and lesbians expressions of homophobia may close with electro-shocks and brain down social and political space in 1 operations. our nascent civil society. They pointed out that Western Gay and lesbian voices societies far from being permissive had a history of violent oppression Meanwhile, the Namibian press also of people who were ‘different’: gave coverage to gay and lesbian organisations. Even before the book Thousands of homosexuals were killed together with Jews, gypsies, trade fair debacle, New Era had carried a unionists and social democrats in story about homosexuals and lesbians German concentration camps during the planning to establish their own reign of Nazism. church to overcome the margi- This puts the remarks made by deputy nalisation they suffer in Christian minister Hishongwa and Minister 2 Helmut Angula into a frightening and Muslim religions. perspective which concerns us all. After the ministers’ intervention Tolerance and the recognition of the in the debate the “Sister Namibia human rights of sexual minorities had collective”, an organisation only developed slowly in Western and committed to the elimination of other countries as gays and lesbian had dared to speak out openly and gender oppression, racism and confront people with their homophobia, commented on the homophobia. comparison of homosexuality with cancer and AIDS: The statement also notes the dismissive remarks by Minister Nahas We fail to see any similarity. Cancer Angula. Refusing to stand up for the and AIDS are life-threatening diseases of the body, whereas les- rights of an oppressed group was bianism and homosexuality are “discriminating and oppressive in alternative, life-enhancing, itself”. physical, emotional, and spiritual forms of love. 3 In response to the claim that homosexuality was a western phenomenon the collective referred to research conducted by Kurt Falk who lived in Namibia for ten years early in this century:

1 Wolfram Hartmann, Andre du Pisani & James Steakley, “The politics of ostracism”, Opinion, The Namibian, Nov. 17, 1995. 2 Moses/Gowaseb, “Tired of marginalisation, they plan to go it alone. Lesbians, gays to erect own church”, New Era, 13-19 July 1995. 3 “Sister roars back on gay rights”, The Namibian, Oct. 10, 1995.

42 Botswana—Sharing the Blanket

The press in Botswana reported on There is therefore absolutely no the book fair drama, and thereby reason why Christian beliefs should be permitted to dictate the kind of opened a debate on homo-sexuality laws which should govern our society. part of which raised much the same Rather, our laws should be as arguments and issues as in the realistic as possible and seek to Namibian debate. accommodate the rights and interests of the different segments of our society. To facilitate this, we Thoughtful comments should seriously consider following the examples of other nations in An unusually reflective intervention handling the controversial issue of was made by Fred Dira, a columnist homosexuality. It is not in our in the weekly paper Mmegi/The interests to continue to bury our Reporter who felt compelled to join heads in the sand on this issue. the debate in October 1995 after a The Gaborone lawyer and opposition controversial Botswana Democratic politician also adds a reflective, Party activist, Pelotetele Thlaodi although somewhat contradictory had decided “to join the anti-gay note. On the one hand he speaks of a fray”. Thlaodi had launched a fierce convenient strategy used by some attack against gay people at a BDP imperialist countries to infuse rally. Like Mugabe he had claimed their values in other societies that homosexuality was a foreign under the guise of human rights. On concept with no place in African the other hand he says that for the society, and he had quoted the Bible majority of Batswana, little is to support his view that it was known about homosexuality, and 1 obnoxious. Fred Dira comments : changes must come slowly: I must admit that I find The reason we have not questioned homosexuality rather repugnant. But I what beliefs we hold is because we have serious doubts about assertions have never had reasons to question such as those of Mugabe and Thlaodi them. --- I have not decided and that homosexuality is completely cannot decide what position we ought foreign to African culture. to take concerning homosexuality Homosexuality knows no political, because I do not understand it. --- cultural or colour boundaries. It is Don’t you get us to change quickly. human behaviour which occurs in all Educate us, give us time, show why we societies, and to pretend that some must change in that direction. I societies or cultures are immune to would like the laws that proscribe it is ridiculous. homosexuality/lesbianism retained On the references to the Bible, Fred until we are satisfied that we must change. But, please, when you come Dira writes: upon us, come with ease and under- ...Thlaodi also quoted the scriptures standing if you don’t want us to 2 to support his stand against react with resistance. homosexuality. That is all very well. But Thlaodi and others who think like him should remember that not everyone Telling it themselves in this country believes in the What was new in the Botswana debate teachings of the Bible. was the initiative to let Botswana gays and lesbians tell their own stories in the press. This gave a 1 Fred Dira, “Let’s be realistic about homosexuality”, Mmegi/The Reporter (Gaborone) Vol. 12, No. 41, 20-26 Oct. 2 Mmegi/The Reporter, 1995. Vol. 12, 1995. No. 39, 6-12 Oct. 1995.

43 subjective and human perspective outlying village but lived in Serowe. lacking in the policy debate. My friendship with him was more unusual than the one with GK, but it One of the stories was that of a 1 was nonetheless quite permissible in man reflecting on his experiences : the Tswana society of 1969. We spent I had my first homosexual experience our free time together, we shared when I was 20 years old in Serowe. GK blankets many times, and it gave us a was a friend of the same age from great deal of pleasure to lie against Mahalpye. He and I each had a girl- one another and let the warmth flow friend elsewhere in the village but between our bodies—and we never did we were not with them in July 1968. anything sexual, not once. It was cold, we were sleeping Here was a case of same-sex outdoors as was then common for young orientation and of same-sex desire men to do, and the two of us were without same-sex activity, another sharing blankets and goatskins for possibility in the realm of human warmth. Then, without any planning, experience. I was in love, and he was we had a casual sexual experience in close affection, and for each of using our hands. We finished, we us it was a lot like having a rolled over; and we went to sleep. (girl)friend, someone we spent our That is all that ever happened. secret time with. --- Although we remained friends until I I tell these personal stories left Botswana, we never talked about because they point to some general it or repeated the experience. answers. The strongest argument is This was not an isolated or unique that: what a man does; what he wants occurrence. Southern African men of do; what his self-concept is and the my generation will not be surprised way he leads his life are four at reading this account. Although different but related things. It is what happened between GK and myself not difficult to see that men in mine was certainly same-sex behaviour, it barracks, on naval ships, in prisons, was not gay self-awareness or gay in segregated boarding schools. and orientation or gay lifestyle. For GK so on, are able to practice same-sex it might have been a moment of behaviour without having any deep curiosity or comfort or relief, same-sex desires. Indeed, as soon as probably nothing more. He went on to they are in the company of women, marry and have children, like me and they shift the focus of their everyone else we knew. attention right back to their women For me it was a step in a familiar friends. direction—a step towards Thus their temporary same-sex acknowledging that I had a second set activities are in no way related to of deep emotional longings. From my genes or early child-hood upbringing earliest days I had wanted to be or adult romantic failure or close to boys as well as to girls. society’s norms in general or being However, because a same-sex African or Western. They are simply a attraction was so despised by my substitute for (unavailable) sex with family and society, the thought that women. They have occurred in most I might be a homosexual always places at most times, and I do not terrified me. Even after that night think we need to consider them as a with GK, for seven years I sought out part of ‘homosexuality’ at all. similar experiences while denying to What preoccupies me is the deep myself that I was gay. (I was in my inner longing to be close to someone, late 20s before I felt comfortable to touch, to share, and ultimately to with the idea). have sex with him or her. --- Soon, one of those early experiences Following an interview with a gay touched me deeply in a different way. For the first time, I felt really in Botswanan, a lesbian woman in love with a man., meaning that my Gaborone contacted the paper to tell head and heart became committed to her story: him. A little older than I, this At 21, Boitumelo (not her real name) courageous tsala came from a small is a beautiful young woman any hard working brother next door would be 1 “Sex without same-sex desires”, from happy to lead down the aisle. In Botsnet, a discussion group over the fact, she often dreams of the day she Internet, reproduced in Mmegi/The will exchange wedding vows and rings Reporter, Vol. 12, No. 44, 10-16 Nov. with her loved one with a promise of 1995, p. 6. eternal happiness beckoning yonder.

44 But there is just one hitch. The law. The thing is Boitumelo is lesbian, and the country’s penal code proscribes homosexuality. Until our leaders see the need to change the statutes, and this is very unlikely in the foreseeable future, Boitumelo’s dream will remain just that... a dream.--- ‘I first became aware of my lesbianism about six years ago. I didn’t have any interest in boys. There were some relationships, but they never ended in bed. I would go out with a guy for about a week, and that would be the end of the story’, she says. It was the pressure and fear of what people would think of her, not love, which landed Boitumelo in her past heterosexual relationships. Finally she got tired of living a lie and broke off with her last boyfriend three years back. She has since been seeing a 26 year old woman with whom she would like to settle. Coincidentally, both women stay in Gaborone with their unsuspecting parents. 1

1 Mesh Moeti, “A lesbian comes out”, Mmegi/The Reporter, Vol. 12, No. 41, 20-26 Oct. 1995.

45 South Africa—The Bill of Rights Debate

Rights “sexual orientation” as one of the basic human rights to be protected 7. (1) This Bill of Rights is a against discrimination. It was first cornerstone of democracy in South Africa. It enshrines the rights of included in the Interim Constitution all people in our country and affirms adopted in December 1993. The ANC the democratic values of human had formally recognised lesbian and dignity, equality and freedom. gay rights as part of its policy at its policy conference in May 1992.2 (2) The state must respect, protect, The South African Constitution promote, and fulfil the rights in the Bill of Rights. was after its adoption referred to the Constitutional Court, which Equality examined its compatibility with the constitutional principles adopted 9. (1) Everyone is equal before the during the transitional process. law and has the right to equal Some sections have been referred protection and benefit of the law. back, but the sexual orientation (2) Equality includes the full and clause has not been an issue. equal enjoyment of all rights and The government has started to put freedoms. To promote the achievement the principle into practice by of equality, legislative and other recognising the rights of gays to measures designed to protect or serve in the military, and make a advance persons, or categories of persons, disadvantaged by unfair provision for a monitoring system in discrimination may be taken. the armed forces to ensure that homosexuals are not victimised. (3) The state may not unfairly Draft legislation on child care does discriminate directly or indirectly not mention gender in regard to against anyone on one or more adoption, and legal recognition of grounds, including race, gender, sex, pregnancy, marital status, ethnic or matrimonial legislation is according social origin, colour, sexual to the Mail & Guardian in August orientation, age, disability, 1996, “only a matter of time”.3 religion, conscience, belief, culture, language, and birth. Multi-party backing of the (4) No person may unfairly constitutional clause discriminate directly or indirectly There has been a remarkably broad against anyone on one or more grounds official political party support for in terms of subsection (3). National legislation must be enacted to the inclusion of the clause on prevent or prohibit unfair sexual orientation. discrimination.1 During the constitutional process for the interim constitution in 1993 With this text of the Bill of Rights all parliamentary parties but one enshrined in the new constitution proposed bills of rights including which was adopted on May 8, 1996 the rights of gays and lesbians for South Africa became the first constitutional protection. The ANC country in the world to include a and the Democratic Party proposals reference in the constitution to expressly made all discrimination on

1 South African Constitution, Chapter 2 ANC Policy Guidelines for a Democratic Two (as adopted by the Constitutional South Africa, as adopted at National Assembly on May 7 and the Parliament on Policy Conference, 28-31 May 1992. May 8, 1996). 3 The Mail & Guardian, 2-8 Aug. 1996.

46 the ground of sexual orientation Only then can we begin to shift the unlawful, whereas the National Party position in society. initially proposed that only discrimination by the state should Inkatha does not follow Mugabe be mentioned.1 Mangosuthu Buthelezi’s Inkatha Only one of the political parties freedom Party (IFP) did not take in the South African parliament, the part in the work of the Consti- African Christian Democratic Party tutional Assembly after its walk-out (ACDP), has objected to the anti- in February 1995. But interestingly discrimination clause. enough, IFP also had included an anti-discrimination clause in its Shifting the perceptions proposal for the provincial Speaking at a conference on Human constitution for Kwazulu/Natal, Rights Day 21 March 1995 launching which was adopted in March 1996: the National Coalition for Gay and All citizens of the State of Lesbian Equality in the Gauteng re- Kwazulu/Natal have equal social gion, Cheryl Carolus, the ANC Deputy dignity, shall be equal before the law and shall share an equal right to Secretary General, said: access to political, social and For the same reason that I oppose economic opportunities irrespective racism and sexism I oppose of sex, race, colour, sexual homophobia. orientation, language, traditions, --- Our position has been to oppose creed, religion, political those who felt that we should go for affiliation and belief, and social 3 generalities in the constitution. and personal status. Because we have a past of such oppression we feel the need to list Inkatha thus did not echo the Mugabe the areas where there is still rhetoric on homosexuality as an oppression.2 imported Western phenomenon which threatens traditional values. One But she issued a note of warning would perhaps have expected that it against any complacency that these would have done so, given Inkatha’s rights had been won and accepted view of their primary enemy, the once and for all: ANC, as an organisation that does One must accept that the ANC is made not guarantee and respect the up of very ordinary South Africans traditional lifestyle and culture of who bring with them many of the misinformed views, perspectives and the Zulus. prejudices that exist in society as a The most prominent South African whole. Those of us that support the advocate of the argument that equality clause need to take cog- homosexuality is un-African is nisance of this [fact that] our views Winnie Mandela, who at her trial in as the leadership are not necessarily 1991 for kidnapping and assault of a the ones stated by the membership.... Many people that we love dearly—our boy, Stompie, claimed that she had parents, our brothers and sisters, only saved him from a perverse our priests, our teachers are priest.4 themselves quite often prejudiced when it come to the issue of homosexuality. We must accept that we are not just confronting bigots, 3 KwaZulu Legislative Assembly, people with horns, but that we need Resolution: Constitution of the State of to take on this debate with our Kwazulu/Natal, 1 December 1992, quoted families and those closest to us. in Gevisser & Cameron, p. 96. The quoted text is the draft, not the final 1 Gevisser, Mark & Edwin Cameron eds., text. The final text has been referred Defiant desire. Gay and lesbian lives in by the Constitutional Court back to the South Africa, Ravan Press, Johannesburg KwaZulu Legislative Assembly, but the 1994, p. 94-95. sexual orientation clause is not at 2 Interview in Equality (Johannesburg), issue. Nr 2, July-Sept. 1995, pp. 4-5. 4 Gevisser & Cameron, pp. 69-70.

47 Afrikaans language (half a million The ANC leadership supports and petitions), the secular character of cautions the state, the death penalty, abortion, the right to self-defence Cheryl Carolus, the Deputy Secretary and to own fire-arms, and the sexual General of the ANC, on the other orientation clause. There were about hand, rejects the notion that as many submissions in favour of homosexuality is un-African: inclusion of this clause as there We have to start working to explode were against it. the myth that there are no In the second stage submissions homosexuals or lesbians in black com- were invited on the working draft, munity. The reason why people haven’t which had been circulated in 4 had the courage to stand up is because the debate has never picked million copies in December 1994 and up in a substantive way in the black January 1995. When the date for community. Our struggle for the submissions closed on February 20, equality clause must be won through 1995 more than 20,000 new submis- large-scale engagement with our com- sions had been received. This time munities and not just with politicians. 1 around the campaign against the inclusion of sexual orientation had At the same time she also cautioned subsided, with 564 petitions the predominantly white gay opposing, and 7,032 petitions community that supporting the inclusion of the 2 ...gay and lesbian organisations need clause in the bill of rights . to take into account the cultural All submissions are available on environment in which the majority of the Constitutional Assembly website South Africans function. They need to on the Internet3. We have used this take on board questions of symbolism projected by the movement so that to convey below some of the voices black gays and lesbians can feel in this unique popular debate. comfortable in it and see it as a place where they can find back-up and support. Submissions against the sexual orientation clause

Voices from the public in the The submissions against the sexual constitutional debate orientation clause almost invariably start and end with a moral The process of adopting a new condemnation of homosexuality as constitution in South Africa has perverse, unnatural, and against been unique in its popular par- God. The argument that it is “un- ticipation. Hundreds of meetings African” does not, however, appear have been held at grass roots level in any submission we have seen. The and in various organisations and campaigns against the sexual sectors of society across the orientation clause resulted in country, and an intensive campaign 13 000 petitions with the following has been waged to encourage people or very similar wording: to send or phone in their submissions to the Constitutional I hereby strongly object to the legalisation of immoral and unnatural Assembly, both before the first sexual lifestyles under Chapter 3 draft was written, and as comment on Paragraph 8.2 of our interim the working draft. constitution. The phrase “SEXUAL The issues which propelled the largest number of South Africans to 2 Constitutional Assembly. Submissions voice their opinion in the first Pack, 4th edition, 20 March 1996, p. 6. stage were the status of the 3 It can be reached at http://www.constitution.org.za. The submissions quoted in the following text 1 Interview in Equality, Nr 2, July- are found in the searchable data base Sept. 1995, pp. 4 for submissions.

48 ORIENTATION” must be deleted from our present constitution and must NOT be included in the final constitution Submissions for the sexual that is being drafted. Homosexuality, orientation clause lesbianism, sodomy and bestiality are The submissions arguing for the unnatural, abnormal and immoral and do not deserve any constitutional inclusion of the sexual orientation protection under clauses like “sexual clause are more varied. orientation.” The Democratic Party in Durban Objections to the equality clause (20 May 1995) identifies the clause often refer to God, as in the as part of general anti- following statement from the Kwa- discrimination: sizabuntu ministers’ conference (9 The Democratic Party has consistently June 1993): opposed and fought injustice and discrimination in every form. We are On behalf of the Kwasizabantu therefore particularly concerned at Ministers' Conference we want to recent attempts by a small minority express dismay about the recent to tamper with Section 8(2) of the proposal by the negotiators to interim Constitution. ... consider a non-discrimination law Discrimination in any form, including towards sexual orientation. “Sexual on the basis of sexual orientation, orientation” is a euphemism for must be rejected and we hereby give perversion; homosexuality and notice of that fact. lesbianism. To afford special protection to a lifestyle that is The Human Rights Lawyers in expressly forbidden by the Word of Pietermaritzburg in a submission on God would be disastrous for our April 19, 1995 endorsed by a number country. of legal advice centres in the The submissions against the sexual Durban area, argues for equality and orientation clause often conflate against legislation on religious homosexuality with all kinds of doctrine: perverse behaviour: bestiality, The purpose of law in South Africa prostitution, drug abuse, having sex should be to protect the rights and with idiots and imbeciles. freedoms of all persons. The constitution makers South African law has a history of themselves were satisfied, however, being coercive with regard to human that the term “sexual orientation” relationships. The Immorality Act of could not be misunderstood. Kevin 1957 legalised attitudes of Botha of the Equality Foundation intolerance in South Africa. In an open and democratic society there wrote in a statement: should be no room for intolerance. Despite diligent search we have been The struggle for tolerance in South unable to find a single instance in Africa has a broad foundation any jurisdiction employing the term encompassing, alongside race, the sexual orientation which includes in full recognition of sexual the definition of sexual orientation orientation as a human right. paraphilia activities such as Based on the principle of equality, zoophilia (bestiality), paedophilia all rights and freedoms should be (sexual activity with minors) or sex guaranteed to all human beings. With with imbeciles and idiots. Our own the exception of the exploitation of research indicates that sexual orien- power relationships, there is no tation is the preferred terminology justifiable reason for state and is consistently employed in intrusion into private non- numerous jurisdictions to describe reproductive consensual adult only the sexual orientation of relations. The autonomous right to heterosexuals, bisexuals and privacy with regard to sexual homosexuals. orientation should be protected as a fundamental human right. Arguments against sexual orientation have foundation in religious doctrine and moral theories. The law should not legislate on morality because any

49 prescription by law leads to a inclusion of the sexual orientation limitation on the extent of freedoms. clause: Sexual orientation is ineradicable, therefore the law should not limit ...enumeration would enhance the liberties with regard to sexual educative role that a bill of rights orientation. would play in underpinning a culture of tolerance and understanding. This There were, however, also Christian educative role is a powerful tool in arguments in favour of the clause. aiding reconstruction generally and Bishop Mmutlanyane Moqoba of the cannot be underestimated in the con- Methodist Church (8 June 1995) said: text of groups which have traditionally suffered from As a Church we are committed to the discrimination. dignity and worth of all people and to their equality in their sight of God. We find it irrelevant to claim Personal testimonies that some people who are deemed to be Many individual submissions by gays sinners are therefore to be discriminated against—because we are emphasise their own demand for all sinners. protection. Ronald Louw of the I appeal to you to resist any attempt University of Natal writes: to limit the recognition of the ...As a gay lecturer in law, I was rights of all people, which is the immensely proud of our new genius of the proposed Constitution, Constitution considering its broad and retain the ‘sexual orientation’ inclusive nature and the fact that it Clause. signalled the end of irrational intolerance towards gays and Another strong Christian statement lesbians. came from the Anglican Archbishop of Cape Town, Desmond Tutu (2 June ...The oppression of gays and lesbians has been largely hidden in 1995): our society because of the greater Within the Church of Christ, and oppressions of race and gender. Now indeed amongst adherents of other that we are making a concerted effort faiths, there is much debate and to overcome the worst possible forms difference of opinion on the question of oppression, we should not lose of homosexuality. The theological and sight of the fact that people are ethical issues are complex and far oppressed in many other ways. As a from resolved. It is indisputable, privileged white male I have in the however, that people’s sexual nature past been reluctant to complain too is fundamental to their humanity. loudly of my oppression as a gay person so not to lose sight of the The apartheid regime enacted laws fact that millions of others suffered upon the religious convictions of a a far greater oppression than I could minority of the country’s population, ever know. But now is the time to laws which denied gay and lesbian recognise those other forms of people their basic human rights and oppression so that everybody in South reduced them to social outcasts and Africa may enjoy the full benefits of criminals in their land of birth. liberation. These laws are still on the Statute Books awaiting your decision whether I am sure that the Committee will be or not to include gay and lesbian receiving many submissions calling people in the “Rainbow People” of for the scrapping of the sexual South Africa. It would be a sad day orientation provision. For those for South Africa if any individual or people, the provision does not group of law-abiding citizens in impinge directly on their lives. How- South Africa were to find that the ever, for gays and lesbians, the Final Constitution did not guarantee provision affects our lives in a very their fundamental human right to a real and direct way. Surely the mere sexual life, whether heterosexual or opinions of the former should not homosexual. prevail over the lives of gays and lesbians? The lawyers’ committee of the Equality Foundation (21 June 1993) There were among the submissions points out the educative role of the many very personal letters, among which we find Justin C. Waldman

50 writing on Jan. 15, 1996 to the to address the whole issue within Constitutional Assembly: the Constitution that there are some organisations that are refusing to It is with great relief that I see grant people the rights that are due that you have retained the Sexual to them, especially the right for Orientation Clause in the proposed them to live the way they choose to Constitution. Thank you. I had live. For example the issue of intended to write to you sooner but ‘Gays’. I see no reason why people there was little more than “Thank should be discriminated and not you” that I wanted to say and so time practise what they want to be. Today slipped by. However, it was only in South Africa everyone is free yesterday that it was brought home to people are free and do not want to me how much I as a gay man, need the see themselves worrying others. protection of the Constitution as I There is a need for people to love was abused anonymously over telephone gay people.... Gays are people too by a less than friendly individual. and they should also be allowed to Apart from the considerable upset I live freely too in their own felt, I had some solace in the fact country. that there is at least a constitutional guarantee of equality, and therefore protection, for me in the Constitution. It was this very abuse of my basic human rights by some irrational and hate-filled person which makes it so very necessary that the Sexual Orientation clause be retained in the final document. I wish you all the best in your work and thank you for your wisdom.

Women against discrimination The submissions also contain a number of appeals against discrimination by women, who are obviously not members of the gay and lesbian community. Mrs Leslie Kahn, who signs “Straight but not narrow” writes: As a citizen of South Africa I was proud to hear our State President refer to sexual orientation in his speech in parliament. I believe that we need to send a message to all South African and all people around the world that discrimination on the grounds of sexual orientation is wrong. I will be proud to live in a country where freedom of sexual orientation is entrenched in the constitution. Please do not allow sexual orientation in the equality clause to be limited. The last of our samples of submissions on the South African constitution comes from Mrs Sonia Mbabala from the township of Gugulethu: I am a married woman with a family and I live here in Gugulethu. I want

51 Homosexuality and the Law—A Global Overview

This chapter aims at giving an prisoners of conscience persons overview of homosexuality and the imprisoned under such laws. The law globally, so as to put the first such gay prisoners of discussion and developments in conscience were two men convicted in southern Africa in perspective.1 Rumania. Despite the recurrent labelling In the legal discussions of homosexuality in the debate as preceding the adoption of the new “alien” and “unnatural” there is constitution in South Africa it was today a consensus among those who stated that “sexual orientation” have carried out research on the could be included in the bill of topic that homosexuality exists in rights outlawing discrimination all societies. It is perhaps worth against minorities only if remembering that research on homosexual persons could be seen as ‘sexuality’ in its social dimensions constituting “a natural group”. It is relatively new. There have been, was agreed that they did. A natural and to a large extent still are, group is a group with many more preconceived ideas and characteristics that the members do ideologically tainted assertions and not choose themselves. prejudices about sex and sexuality This is a view of homosexuality than there is knowledge. that demands a reconsideration of many conventional notions. For Increasingly a human rights issue example, if homosexuality is not contagious and the homosexuals are, If there are homosexuals in all and remain, a minority, they will societies they can be seen as not pose any significant threat to minorities, and given the “family patterns”2 persecution they have faced, they A forceful expression of this constitute minorities which need process of reconsideration is legal protection against expressed by Archbishop Desmond Tutu discrimination. This is the general of the Anglican church of Cape Town reasoning behind the increasing and in a foreword to a new book on fairly recent tendency to view Christian lesbians and gays: homosexuality as a human rights ...we spurn them, we shun them, issue. because we are all caught up in an A sign of this was the decision acknowledged or a tacit homophobia by Amnesty International in 1991 to and heterosexism. We reject them, consider the complete prohibition treat them as pariahs, and push them under criminal law of sexual acts outside the confines of our church communities, and thereby we negate between persons of the same sex as the consequences of their baptism and an infringement of human rights. ours. Since then Amnesty has adopted as We make them doubt that they are the children of God, and this must be nearly the ultimate blasphemy. We 1 We wish to thank Ron Buckmire, Anjie Rosga, Franklin Weston, Timothy Ross Wilson, Bernie Hamilton, Annebeth 2 See also Eric Heinze, Sexual Rosenboom, John Terry, William A. Orientation: A Human Right—An Essay on Courson, Margarita Lacabe, Rachel International Human Rights Law, Rosenbloom, Suzanne Goldberg, Sydney Dordrect, Martinus Nijhoff 1995, pp. 50 Levy and Björn Skolander for helpful ff. i.a. and Robert Wintemute, Sexual assistance with material and reading Orientation and Human Rights, Oxford, suggestions for this chapter. 1995, pp. 61-90 i.a.

52 blame them for something that it is their formal schooling through be-coming increasingly clear they can mission-run schools. do little about. Someone has said The anti-discrimination plea of that if this particular sexual orientation were indeed a matter of Christians such as bishop Tutu also personal choice, then gay and lesbian comes up against the tradi-tional persons must be the craziest coots views still widely held in the around to choose a way of life that established Christian churches, exposes them to so much hostility, where references to the Bible and an discrimination, loss, and suffering. To say this is akin to saying that emphasis on “family values” are used a black person voluntarily chooses a to condemn homosexuality. In this complexion and race that exposes him- context, homosexuality is viewed as or herself to all the hatred, sin, or at best as a sickness, and suffering, and disadvantages to be tolerance goes no further than found in a racist society. Such a person would be stark raving mad.... seeing homosexuals as lost sheep, It is only of homosexual persons who must be taken care of and led to that we require universal celibacy, the right path. Or, as some whereas for others we teach that Christian leaders in Zimbabwe cau- celibacy is a special vocation. We tioned: we want to eradicate say that sexual orientation is homosexuality, not the homosexuals. morally a matter of indifference, but what is culpable are homosexual acts. In almost all Christian churches But then we claim that sexuality is a in the last decades, fierce debates divine gift, which used properly, have raged on the issue of helps us to become more fully human homosexuality. In Finland, for and akin really to God, as it is this example, the Archbishop of the state part of our humanity that makes us more gentle and caring, more self- Lutheran Church faced a campaign in giving and concerned for others than the early 1990s to unseat him be- we would be without that gift. Why cause he refused to condemn should we want all homosexual persons homosexuality as a sin. not to give expression to their sexu- Desmond Tutu represents modern ality in loving acts? Why don’t we trends in Christianity which use the same criteria to judge same- sex relationships that we use to emphasize tolerance rather than the judge whether heterosexual fear of God, and who want to see the relationships are wholesome or not?1 role of the church in society as Changing discourses pioneer in the struggle for rights of those who are discriminated Views on and legislation against against and oppressed. Healing and homosexuality have always been cooperation across ethnic, national, significantly informed by discourses religious and other borders are other than legal considerations of important objectives for these law and order. In the Western trends. countries has Christianity These trends are counteracted by historically given the ideological fundamentalist trends, which have leadership. The same is the case in often put the fight against rights the former colonies of black Africa for homosexuals, alongside the fight where both official ideology and against abortion rights for women, public discussion have to a large high on their agenda. The anti-gay extent been shaped by the spread of and anti-abortion crusade is Christianity through mission activi- particularly well organised and ties. A very large proportion of the well-funded in the United States. political leaders in black Africa One expression of it is a current today have received part or all of campaign to get a federal law to outlaw all state laws which permit 1 Marilyn Bennett Alexander and James same-sex marriages or legalised Preston, We Were Baptized Too: Claiming partnerships. This campaign suffered God’s Grace for Lesbians and Gays, John a major setback when the U.S. Knox Press (London) 1996, foreword.

53 Supreme Court on May 20, 1996 “in tance attached to developing a human its most significant gay-rights case rights culture internationally. The in a decade” ruled that a Colorado adoption by the United Nations of constitutional amendment forbidding the Universal Declaration of Human laws protecting homosexuals from Rights in 1948 was one step in this discrimination violated the consti- direction. tutional right to equal protection.1 But the idea of the universality Traditional views on of human rights has not always been homosexuality have been supported firmly rooted. Despite the fact that and informed also by medical dis- the document was viewed at the course. Homosexuality was for many preparatory stage as being inspired decades seen as a disorder, although by fundamental values in all major there is no scientific basis for religions of the world, voices were this classification. A physician in soon raised to the effect that the Germany by the name Krafft-Ebbing human rights were just a cloak for had introduced this thinking on the Western bourgeois concepts of indi- basis of his study of homosexual vidualism. The Socialist countries, prisoners, whom he labelled as led by the Soviet Union, stressed abnormal from birth, and in need of socio-economic improvements rather medical treatment.2 There have been than individual freedoms and the in the 20th century clinical psy- right to political dissent. In chologists who offered their Africa the one-party state and en- services to “cure” homosexuals, suing limitations on individual while others refused, and rather rights and political opposition was tried to help their homosexual justified by the need to unite patients to accept their sexual against underdevelopment and for orientation. national unity. In the 1970s the view of Individual freedom and the rights homosexuality as a disorder began to of groups to form an opposition has be replaced by an acceptance of the been increasingly stressed as fact that same-sex attraction was significant for development globally normal to a minority of people in as authoritarian rule has come into most if not all societies. In 1973 disrepute, whether in the form of the U.S. Psychiatry Association deleted military dictatorship or one-party homosexuality from its handbook on rule. Those who continue to defend mental disorders. In Sweden authoritarian rule and values often homosexuality was taken off the speak of cultural and groups rights official list of diseases in 1979.3 based on traditions and claim that Homosexuality was taken off the list they are incompatible with of diseases by the World Health individual rights. Organisation (WHO) as late as Finally, we should mention the 1993.Another discourse which growth of gay and lesbian contributes to changing views on organisations who work for “gay ‘gay rights’ is the increased impor- rights” as a factor changing general views about homosexuality. In

1 Laurie Asseo, “Constitutional southern Africa the gay and lesbian Amendment Violates Homosexuals’ Rights, organisations in South Africa have Justices Rule”, Wall Street Journal, been very active both within the ANC May 21, 1996. and in the con-stitutional debate. 2 See Homosexuella och samhället On the international scene, the (“Homosexuals and society”), Statens International Lesbian and Gay offentliga utredningar 1984:63, Stockholm 1984 (a Swedish state association (ILGA) is the most commission report), pp. 559-560. important organisation working for 3 The list is produced by the National the rights of homosexuals. It is a Board of Social Services sign of the significant and recent (Socialstyrelsen).

54 changes in the discourse on on their books, for example homosexuality that ILGA was received Botswana, Lesotho, Swaziland. in May 1996 by the Vice-Chairman of Homosexual acts between men are the Commission of the European Union illegal in Angola, Mozambique, of the European Comm-unity.1 The Malawi, Namibia, Tan-zania, Zambia, European Parliament had earlier Zimbabwe, and according to the old commissioned a report on the laws in South Africa, which remain situation and rights of gays and on the books until they are found lesbians in Europe, and in 1994 unconstitutional or are repealed. adopted a resolution calling for all Female homosexuality is not members states to abolish legal mentioned in the laws of any of criminalisation and discrimination these countries.3 against homosexuals.2 (b) Freedom of expression Towards a definition of gay rights Freedom of expression is what the “Gay rights” can mean many things. debate at the Zimbabwe Book Fair was In order to clarify the discussion basically about. The reasoning of we will distinguish between four the government must have been that levels of rights, from minimum to since homosexuality was outlawed one maximum: could not speak about it in public either. But not all manifestations (a) Decriminalisation of sexual acts of homosexuality are in fact between women and men of the same outlawed. Partly the reaction of the sex, providing that the acts take government was based on the mistaken place between consenting adults, assumption that it was taking without offending public decency. preventive action against offences (b) Freedom of expression when it against public decency, but as one comes to speaking and writing in participant dryly observed: “I don’t public about homosexuality, without see why they assume that the gays offending public decency. want to do it in public”. (c) Legal protection against Lawyers consulted by the Zimbabwe discrimination on grounds of sexual Book Fair Trust have apparently come orientation. to the conclusion that the legal (d) Recognition of equal rights for provisions for freedom of expression gay and lesbian relationships as actually do allow information on compared with heterosexual rela- homosexuality and advocacy of gay tionships. (a) Decriminalisation rights. It is on this basis that the Trust promises to take future Where sexual acts between persons of government interventions of the kind the same sex are outlawed and taken in 1995 to court if necessary. punishable this in many cases covers In some countries, for example in only men. England and Finland, there are laws Homosexual acts are today prohibiting public expression of the decriminalised in most European “advocacy” of homosexuality. Al- countries, with the notable excep- though these laws are difficult to tion of Romania, dubbed as “the most interpret, in Finland a law of this homophobic country in Europe”. kind was earlier used to suppress Some countries in Africa, public information about including southern Africa, do not have any laws against homosexuality 3 Index on Censorship No.1, 1995, pp. 195-204, Aart Hendriks, Rob Tielman & 1 ILGA Press release, May 7, 1996. Evert van der Veen, The Third Pink Book; 2 Resolution on equal rights for A Global View of Lesbian and Gay homosexuals and lesbians in the EC, A3- Liberation and Oppression, Prometheus 0028/94. Books, New York, 1993, pp. 252-342.

55 homosexuality. Even the appearance an enumerated list of grounds on in an interview of a person which discrimination is outlawed. We confessing to be gay and happy about have seen South Africa as the first it was interpreted as an incitement, country in the world to have taken falling under the law against this step when including “sexual “public encouragement of unchastity orient-ation” in its Bill of Rights, between persons of the same sex”, which is part of the new punishable by 6 months to 4 years’ constitution. imprisonment.1 . Today, the law is It is interesting to note that no longer invoked and the public the German Democratic Republic debate in Finland about (“East Germany”) was close to homosexuality, and also the visi- becoming the first country to bility of gays and lesbians, are introduce a constitutional sexual considerably greater than ten years orientation clause as early as 1989. ago. But before this was enacted the country was merged with the German Federal Republic (West Germany”). (c) Legal protection against discrimination In the same week of May 1996 that South Africa adopted its We differentiate here between four constitution, the Canadian Human basic kinds of legal protection Rights Act was amended to include a against discrimination on the sexual orientation clause. In 1996 grounds of sexual orientation, which the right to express one’s sexual we first list and then discuss in orientation was established as “a detail: basic right” in Spain.2 A constitutional anti- (i) General declarations of human discrimination or equality clause is rights, which can be interpreted as not necessarily the best guarantee also covering homosexuals. against legal discrimination, as (ii) Enumerated bans of Kees Waaldijk points out.3 In South discrimination with explicit Africa the Constitutional Court can reference to sexual orientation or review the constitutionality of specific national laws outlawing parliamentary legislation, but in discrimination on the grounds of some countries the courts have sexual orientation. little or no power to do so.4 (iii) Legislation outlawing “Discrimination” and “equality” discrimination in specific fields, are vague concepts which leave a such as the labour market. wide scope for interpretation, (iv) Legislation specifically Waaldijk writes, and equality is outlawing homophobic violence. usually interpreted as only (i) General declarations of human prohibiting distinctions which are rights not based on reasonable and Many of the codes in international objective justification. In France, law belong to the first category, for example, the Constitutional and will be discussed in the next council held in 1980 that the still section.

2 Kom Ut (Stockholm), 1/1996, p. 17. (ii) Enumerated bans of 3 discrimination with explicit Waaldijk, Kees & Andrew Clapham, eds., reference to sexual orientation Homosexuality: A European Community Issue, European Human Rights Foundation, The farthest reaching declaration of Martinus Nijhoff Publishers, principle is the inclusion of sexual International Studies in Human Rights orientation in the constitution in Vol.26, Dordrecht, the Netherlands 1993., pp.78-79. 4 There is no such power in Luxembourg 1 Article 9 (as amended in 1971), or the Netherlands, and limited power chapter 20 of the Penal Code of Finland. only in Belgium, Denmark and France.

56 applicable different age limits for Finland enacted in 1996 a law heterosexual sex and lesbian and gay banning discrimination against sex did not violate the principle of homosexuals in the labour market, equality, because they were acts of and the Danish ministry of labour a different nature.1 Waaldijk will propose a similar law.5 concludes that specific anti- Apart from national legislation, discrimination laws or the use of the banning of discrimination can the international law of human also be effected by explicit rules rights can be more effective than a and declarations taken by employers. constitutional equality clause. For example, a number of National bans on discrimination universities in the US have declared on the grounds of sexual orientation that they will not discriminate on have been enacted in Norway, Sweden, the grounds of sexual orientation in the Netherlands, Israel, Canada, their employment practices. Denmark, Finland, Slovenia, France, 2 (iv) Legislation specifically Ireland and New Zealand. About a outlawing homophobic violence dozen of the states constituting the There is unfortunately an increased United States of America explicitly need for legislation against ban discrimination on the grounds of violence used against gays and sexual orientation in their state lesbians solely on account of their laws. sexual orientation, as frequent acts (iii) Legislation outlawing of assault, particularly against gay discrimination in specific fields, men, are being reported. such as the labour market Ireland introduced a Prohibition In 1984 a European Parliament Resolution to Incitement to Hatred Act in 1989, on Discrimination in the Workplace which makes it a criminal offence to was passed, which called for an end incite hatred on the basis of sexual to both de facto and de jure dis- orientation.6 In Spain violence crimination against homosexuals both on against homosexuals can be punished national levels and on the European with 4 months’ to 4 years’ 3 Community level. imprisonment, according to a law France was the first European enacted in 1996.7 Similar laws have country to introduce legislation been proposed in many countries’ prohibiting anti-homosexual dis- parliaments. crimination in the field of employment, followed by the (d) Recognition of equal rights for Netherlands, Norway, and Sweden.4 gay and lesbian relationships as compared 1 Waaldijk & Clapham, pp. 79, fn. 22. with heterosexual relationships 2 Rachel Rosenbloom of the International Most countries have criminal laws Gay and Lesbian Human Rights Commission which make it a criminal offence to in San Francisco, as reported in New York Times, May 10, 1996 mentions have sex with persons under certain Norway, Sweden, the Netherlands, Israel, ages. Where these age limits are set Slovenia, and New Zealand. Waaldijk & differently for homosexual acts than Clapham also list France, Denmark and for heterosexual acts equal rights Ireland, p. 79. The inclusion of Ireland are not recognized. In many is apparently based on the ban on incitement against gays, whereas a countries the age limit is set lower general equal status bill was defeated for homosexual intercourse than for in 1992. An anti-discrimination bill was heterosexual intercourse, for defeated in the United Kingdom in 1983. example, the United Kingdom, Greece, Ron Buckmire supplied a list on the Ireland. Equal age limits have been Internet “queerlaw” forum on May 17, 1996 containing also Canada, Finland and Denmark. 5 Kom Ut (Stockholm), 1/1996, p. 17. 3In Waaldijk & Clapham. 6 Waaldijk & Clapham, p. 80. 4 7 Waaldijk & Clapham, p. 105. Kom Ut (Stockholm), 1/1996, p. 17.

57 legislated in Belgium, the covenants initiated by the Economic Netherlands, Portugal, France, and Social Council (ECOSOC) under Spain, to name a few. the General Assembly belong to this Another type of laws falling into category. Relevant in the context this category are laws which give are, among others, the International homosexuals living together Covenant on Economic, Social and contractual rights comparable to Cultural rights, and the those accorded to heterosexual International Covenant on Civil and couples. Registered partnership for Political Rights (both from 1966). homosexual couples has been made “Sexual orientation” is not possible by laws in Denmark (1989), explicitly mentioned in any followed by Norway (1993), Sweden instrument of international law. In (1995), and Hungary (May 1996)1. the UN Charter protection against Similar laws have been proposed and discrimination is agreed upon in will be discussed in the near future four specified areas: race, sex in the legislative assemblies of (gender), language, and religion. Iceland, Finland, Holland, the Czech This is “a closed list” of rights. Republic, and the state of Hawaii. Other agreements have “open lists” One of the effects of these laws is of rights—the enumeration of grounds that a homosexual can inherit of protection against discrimination his/her partner’s estate. In none of in these agreements is not these countries can homosexual exhaustive. partnership be sealed by the church Both 1966 Covenants refer to ritual of marriage, but many min- “race, colour, sex, language, isters are prepared to give religion, property, birth or other homosexual partners their blessing status.” (our italic). The African in a ceremony. (Banjul) Charter of Human & People’s Rights of 1981 has a similar wording (although adding ‘ethnic group’ and Homosexuality in international law having ‘fortune’ instead of Where national laws do not ‘property’), and also ending with explicitly ban discrimination “or other status”. Peter Nobel, against homosexuals their only re- Sweden’s first Ombudsman against course to legal protection is the discrimination and specialist in appeal to International Human Rights international law summarizes: Law. This includes all multilateral It can clearly be argued and there is agreements in the area of human little doubt about it among leading rights, and some regional Human Rights experts that individuals agreements, and some covering non- with a sexual orientation other than regional groupings, such as the the majority are included and that Commonwealth. they shall be protected from discrimination .2 Some agreements are “soft law”, that is, recommendations but not It can be mentioned that a case has binding upon the signatories, and been brought to the African with no legal mechanism through Commission on Human & People’s which breaches can be appealed Rights, where the petitioner argues against. The Universal Declaration that the government of Zimbabwe in of Human Rights adopted by the its anti-gay campaign has violated United Nations is an example of 15 of the 25 articles in the African this. Charter of Human & People’s Rights.3 Other agreements are “hard law” and binding for those who have 2 Written communication, May 1996. 3 signed the agreements. The various “Complaint Relating to Violation(s) of Certain Provisions of the African Charter of Human & People’s Rights. by 1 Associated Press, May 21, 1996. the Republic of Zimbabwe from The Magnus

58 Two other provisions in the to privacy” included in the European Universal Declaration of Human Convention for the Protection of Rights of relevance to the legal Human Rights and Fundamental Free- protection of homosexuals are the doms, which had been adopted in rights to privacy and to equal 1953, and amended in 1970 and 1971. protection. There has not, however, This ruling was laid down in three so far, been any judicial decision cases, Dudgeon v. Northern Ireland by an international or national (1981), Norris v. Ireland (1988), court which has specifically and Modinos v. Cyprus (1993).4 addressed how these clauses in the Not all discrimination and Universal Declaration of Human oppression can be fought through Rights should apply to lesbian and recourse to the law. Human rights gay individuals.1 advocates focus almost exclusively Similar clauses are also found in on state actors rather than on many other international law private parties, which excludes many instruments, such as the Inter- aspects of life, especially for national Covenant on Civil and women in general, including Political Rights (ICCPR) referred to lesbians. A notable exception was above. On April 4, 1994, the United the Declaration on the Elimination Nations Human Rights Committee ruled of Violence Against Women, adopted that the Australian state of by the General Assembly in December Tasmania violated the privacy and 1993. It defines violence occurring non-discrimination provisions of the in the family, in the community, and ICCPR with its sodomy law. This “perpetrated or condoned by the ruling, in Nicholas Toonen vs. State” as a violation of human Australia2, was an important step rights.5 towards decriminalisation of same- This chapter deals with the legal sex contacts between consenting aspects. But it is well to remind adults. As Wilets points out, this ourselves of the complex rela- has an importance far beyond dec- tionship between the law and riminalising homosexual activity, as society’s norms. Laws not only courts (and, one may add, political stipulate punishment for breaches of leaders) often fail to make a what society sanctions and wants to distinction between activity and protect, they also set standards. status. Criminalisation of But the social acceptance of homosexuality has been invoked to homosexuality depends on many other justify a wide range of human rights factors as well, such as the general violations against lesbians and atmosphere of tolerance, views on gays.3 sexuality, the tone set by leaders Prior to the Toonen case, the and opinion-makers, and the European Court of Human Rights, with visibility of gays and lesbians jurisdiction over all countries in themselves. Legislation is not a the Council of Europe, had ruled sufficient precondition for non- that sodomy laws violate “the right discrimination, and sometimes not

F. Hirschfeld Center for Human Rights, 4 Claudia Roth, On Equal Treatment of Montclair, New Jersey. Lesbians and Gay Men in the EC, 1 James S. Wilets. “Using International Preliminary draft report July 17, 1993 Law to Vindicate the Civil Rights of on behalf of the Committee on Civil Gays and Lesbians in United States Liberties and Internal Affairs, section Courts”, Columbia Human Rights Law 2. 5 Review, Fall 1995, Vol. 27, No.1, p. Miller, Alice M. & AnnJanette Rosga & 48. Meg Satterthwaite, “Health, Human Rights 2 UN Hum. Rts. Comm., No 488, UN Doc. and Lesbian Existence”, Health and CCPR/c/50/D/488/1992. See Wilets 1995, Human Rights, (Harvard School of Public pp. 33-34., 36. Health, Cambridge, Mass.) Vol.1, No. 4, 3 Wilets 1995, p. 35, footnote 7. 1996, pp. 429-448.

59 even a necessary requisite, since laws that are felt to be out-dated or irrelevant are often ignored and not invoked. The struggle for gay rights as part of human rights, however, necessarily also involves the abolishment of “dormant” discriminatory laws. Outside the realm of the law, the struggle for gay rights is part of the general struggle to promote a “human rights culture” with genuine respect for others’ right to exist, enjoy equal rights and express themselves. As this chapter has documented, there have been many and profound changes in general views on homosexuality and the scope of “gay rights” in recent years. The Zimbabwe Book Fair drama is not the end of the road, but by putting the issue so firmly on the agenda it may mark the beginning of a new road.

60 Appendix 1

AIDS and homosexuality—getting the squalid conditions. Wars and social facts straight upheaval also contribute to the Homosexuality has been branded as spread of the disease. equal to and as the cause of AIDS in • The HIV virus does not spread some statements in the debate. easily, but requires direct blood to Clearly AIDS is a highly emotive blood or sexual fluids to blood disease, as it often involves both contact, which is facilitated when sexuality and death. But this kind people are in poor health, or have of statement does nothing to help damaged membranes, particularly in the victims of AIDS, the fight areas where other sexually trans- against the disease, nor of course mitted diseases are commonplace and does it contribute to a rational have not been tended to. AIDS is a approach to homosexuality. AIDS is poverty disease, although the too serious to be used as a cheap pattern in Africa often is that of ploy in a debate, and a few facts men with money exploiting women who are need to set the discussion need money. straight: • Nobody knows where the virus first • Although an AIDS epidemic has hit developed (probably through a the male homosexual community in mutation of virus cells). The first North America hard, the transmission documented epidemics of AIDS in Africa is almost invariably involved homosexuals in North heterosexual. Sub-Saharan Africa America, where the virus spread has, according to World Health because of a combination of multiple Organisation estimates, more HIV- partners and sensitive membranes in infected individuals than any other anal sex. part of the world (8 million 1995). • The gay community is the only • The HIV virus which breaks down group which has markedly changed the immunity system, and causes the their sexual behaviour because of AIDS disease, is transmitted the AIDS epidemics. The gay sexually, or through the blood of an community has also been a pioneer in infected woman to her unborn child, home-based care and hospice care for or (to a limited degree) when AIDS patients. infected blood is transfused. (This summary is based on AIDS i • Although AIDS is classified as a Afrika (AIDS in Africa), Mai sexually transmitted disease, the Palmberg ed., published by the epidemics cannot be explained only Nordic Africa Institute 1993) by sexual behaviour patterns. Infection does presuppose more than one sexual partner, but the virus can live for many years in an infected body before the AIDS disease develops. • More important than the personal lifestyle of individuals is the broader social pattern, with labour migration, for example, leading men and women to live apart from their partners for long periods and in

61 Appendix 2

Address List The Catholic Commission for Justice NOTE: The list contains a) human and Peace in Zimbabwe rights organisations, and b) gay and P.O. Box 8493 lesbian organisations in Southern Causeway Africa working for rights (street address: 31, Selous Avenue (counselling and social organisations are not included Corner 4th Street) here), Harare c) some resources available on the Zimbabwe Internet. National Director: Mike Auret Please, note that the inclusion of an organisation on this list in no way implies that they necessarily Media Institute of Southern Africa share the views presented in this (MISA) booklet. Private Bag 13386 Windhoek Human Rights Organisations Namibia Tel. +264 61 232975 Fax 248016 Human Rights Committee E- P.O. Box 32723 mail:>[email protected]< Braamfontein 2017 The Magnus Hirschfeld Centre for Johannesburg Human Rights Fax (011) 339 1422 c/o Courson & Zanni Tel (011) 403 4450 Crosswicks House 270 Calremont Avenue Lawyers for Human Rights Montclair 713 Van Ekkom Building New Jersey, USA 07042-2812 212 Pretorius Street Tel. (1-201) 746-9516 001 Pretoria Fax: (1-201) 746-3147 South Africa E-mail: [email protected] Black Sash Zimbabwe Human Rights Association Kotso House (ZimRights) 25, Anderson Street, 2nd floor 55 Herbert Chitepo Ave. Johannesburg P.O. Box 3951 South Africa Harare Zimbabwe IDASA Tel. (263)- 4 -738 609 P.O. Box 575 Fax (263)- 4 -796 589 7700 Cape Town South Africa Legal Resources Foundation (Set up as the Institute for a P.O. Box 918 Democratic Alternative in South Harare Africa it continues to monitor demo- Zimbabwe cratic development and give training Tel. (263)- 4 - 728 211/2 in democracy with offices in major Fax (263)- 4 -728 213 cities)

62 Gays and Lesbians of Zimbabwe (GALZ) Private Bag A6131 Gay rights organisations Avondale Harare National Coalition for Gay and Zimbabwe Lesbian Equality (NCGLE) (Launched in 1994 as a pressure The Equality Foundation group in the constitutional debate) P.O. Box 87722 P.O. Box 1984 Houghton Joubert Park 2044 2041 Johannesburg South Africa South Africa Tel. (011) 403 3835 Lawyers for gay and lesbian equality Fax (011) 339 7762 c/o Centre for Applied Legal Studies University of Witwatersrand Private Bag X3 Witwatersrand 2050 South Africa Tel. (011) 403-6918 Fax (011) 403-2341

International Gay and Lesbian Human Rights Commission 1360 Mission St, Ste 200 San Francisco, CA 94103 USA Phone: +1-415-255-8680 Fax: +1-415-255-8662 Email: [email protected] (The International Gay and Lesbian Human Rights Commission is a non- profit humanitarian organization that monitors, documents, and mobi- lizes responses to human rights violations against lesbians, gay men, bisexuals, the transgendered, and people with HIV and AIDS worldwide.)

The International Lesbian and Gay association (ILGA) 81 Kolenmarkt B-1000 Bruxelles Belgium Tel./fax +32-2-502-2471 E-mail: [email protected] ILGA is a worldwide federation for more than 450 groups and indivual members in more than 70 countries fighting for the rights of lesbian, gay, bisexual and trandsgender people. It publishes every third year a survey of the situation for

63 lesbians and gays in the world, the Internet Resources Pink Book. The following Internet mailing lists (to which subscribers enter material) convey useful material and up-dates on the global development of gay rights as a human rights issue: Queerplanet (on general development and discussion) Queerlaw (on legal development and protection) To subscribe you write to >majordomo@abacus. oxy.edu< and enter into the mail message only the words: subscribe queerplanet (or) subscribe queerlaw

A website on various homosexual issues, including legal development and protection with links to a great number of other sites is the Queer Resources Directory: http://www.qrd.org/QRD/www/index.htm l.