|
Ilga
Africa 2000 Report |
|
Botswana | Cameroon
| Egypt | Namibia
| Uganda | Zimbabwe
| Zambia |
Botswana
Homosexuality
is illegal in Botswana, and is punishable by up to seven years
in prison. The Botswana Penal Code deals with homosexual acts
in Cap. 08:01: 164, 165, 166, 167, making specific mention
of male/male sexual acts in 167. Though lesbians are not specifically
mentioned, it would appear that they too are discriminated
against in Botswanan society. It is not known at this time
if any lesbians are being prosecuted.
Back
to the top
Back
to the Botswana page
Cameroon
There
are several laws covering sexual activity in Cameroon. Both
same-sex male and female sexual contact is illegal. Section
347 of the Penal Code criminalises sexual contacts with members
of the same sex with a penalty of 6 months to 5 years' imprisonment
and a fine of up to CFA 200.000. If one of the persons involved
is under the age of 21 the penalty is doubled. The Embassy
of Congo in Brussels stated in 1987 that: "The practice of
homosexuality does not exist in Congo".
Back
to the top
Back
to the Cameroon page
Egypt
Homosexuality
is not mentioned in Egyptian law and Sharia laws do not apply.
Egypt has some regulations concerning "offences against public
morals and sensitivities" which could be used against homosexuals.
Homosexual acts are not illegal. The minimum age for heterosexual,
lesbian and gays sex is set at 18. It is safe to assume that
the practice of homosexuality is not condoned by Egyptian
society, as Islam is the most prevalent religion in Egypt
and fundamentalism is on the rise.
Back
to the top
Back
to the Egypt page
Namibia
At the
opening of the SWAPO Women's Council Congress on December
6, 1996, President Nujoma of Namibia stated that "all necessary
steps must be taken to combat influences that are influencing
us and our children in a negative way. Homosexuals must be
condemned and rejected in our society." The Rainbow Project,
a coalition of Namibian gays and lesbians, indicated that
Prime Minister Hage Geingob had in 1990 assured Namibia's
homosexual citizens of their rights under Article 10.2 of
the Constitution. Article 10.2 of the Namibian Constitution
states that "no person may be discriminated against on the
grounds of sex, race, colour, ethnic origin, religion, creed
or social or economic status." The growing international trend
is to interpret "other status" to include sexual orientation.
Presumably, Prime Minister Hage Geingob supported that interpretation
of the Namibia Constitution.
Back
to the top
Back
to the Namibia page
Uganda
Homosexuality
is illegal in Uganda and its criminality is entrenched in
Ugandan common law , it's penal code, article 140 section
(a) which states that, any person who has carnal knowledge
of any person against the order of nature is guilty of an
offence and is liable to life imprisonment; and section (C)
states that any person who permits a male person to have carnal
knowledge of him or her against the order of nature is guilty
of an offence and is liable to seven years imprisonment; He
is charged according to article 141 of the penal code.
Homosexuality
is a taboo in our society and known homosexuals are excommunicated,
even their clans will disown them. They are not welcomed anywhere,
to the extent that people run away from them as soon as rumours
about their sexual orientation start going around, in addition
to that it also difficult for known homosexuals to find housing.
Information
about lesbianism is scant, though to my knowledge no lesbian
has been arrested or expelled from school.
There
have been several cases of gay male students being expelled
from schools on ground that they will contaminate others with
their vices, as they refer to our sexual orientation.
- In July 1999 25 students were suspended from Ntare high
school.
- In
November 1999 4 gay students were sent home for being gays.
- In
October 1999 a 14 year old boy was expelled from school
on the ground of his homosexuality.
This is
a violation of the constitution according to article 30 which
states that everybody has the right to an education. All this
has happened without anybody raising a finger to help or to
condemn it.
Even the
so called Human rights activists and Law makers haven't stepped
in to redeem the situation.
- The ruling party came out with a statement that homosexuals
have no place in Uganda.
- The
President called on the police to arrest gays.
- Many
gays have been arrested and imprisoned.
- A Brazilian
gay pastor is serving a 3 years sentence.
- A Ugandan
gay teacher is serving a six years sentence.
- A transsexual,
commonly known as Brenda, the most arrested , detained,
tried and harassed homosexual in the history of Uganda was
acquitted on 16th December 1999 due to lack of evidence
after being in jail for a month and another on trial.
Many suspected
homosexuals either have been arrested or have been harassed
and emotionally tortured . Their businesses have been forced
to close due to the lack of clients. They have become homeless
as their landlords either evict them or they fail to find
premises to hire.
Though
,there have been virtually no press reports on homosexuality
since the beginning of this year, the situation is hostile.
We organising ourselves to try to extricate ourselves from
our present predicament.
Author: Tom Mubiru
Back
to the top
Back
to the Uganda page
Zimbabwe
COUNTRY
REPORT FROM GALZ GALZ celebrates its tenth anniversary in
September this year. The organisation has come a long way:
we have established a drop-in centre which was only a dream
in 1990 and the issue of LGBT rights was placed firmly on
the national agenda in 1995 when Mugabe came out publicly
as one of Africa's most virulent homophobes. GALZ is now relatively
well funded and owns the premises in the Harare suburb of
Milton Park from which it operates.
As part
of a general expansion plan during 1999, GALZ facilitated
the setting up of a drop-in centre in Bulawayo to provide
services for the LGBT communities in the South of Zimbabwe.
GALZ members in Manicaland are also discussing the formation
of a chapter based in Mutare.
Membership
of GALZ doubled amongst the black community owing to advertising
campaigns in the independent media and the number of people
active within the organisation rose from three or four in
1998 to ten at the end of last year.
Numerous
interviews were conducted with local and foreign press on
the situation facing lesbian and gay people and the number
of people willing to speak openly in public about their sexuality
increased from one to seven (five men and two women).GALZ
continued to release regular statements on issues relating
to sexual minorities including comments on the prison service,
the draft constitution and cases of sodomy appearing in the
state-controlled press. Over half the statements released
in 1999 were published by the independent press.
Poliyana
Mangwiro, the subject of an Amnesty International alert in
1996, traveled through 13 European countries, the United States
and Canada on a speakers' tour designed to raise awareness
about the situation facing lesbians and gay men in Southern
Africa. Her presentations were warmly welcomed throughout
the world. On the legal and political front, GALZ made a professional
submission to the Constitutional Commission appealing for
the inclusion of a sexual orientation clause in the next constitution.
Although the draft constitution contained many provisions
which would have kept GALZ busy challenging homophobic laws
in the courts, the document as a whole was deeply flawed because
it invested far too much power in the office of one individual
- the President. For this reason, although GALZ remained politically
neutral, most members of the LGBT communities voted against
the constitution. The draft was rejected in a national referendum
in February 2000.
GALZ
commissioned a gender policy document arguing that lesbian
and gay rights are gender rights. This document now forms
the basis of GALZ's legal and political strategy as regards
gender and sexuality. The GALZ lawyer, Derek Matyszak, has
continued to handle cases of blackmail which have come to
the attention of the organisation. All seven cases were successfully
resolved without the matter coming to the attention of the
police.
During
1998, it became clear to GALZ that there was little point
in trying to change the minds of the current leadership about
LGBT issues. During 1999, GALZ made a special effort to build
bridges with the potential future leadership of Zimbabwe and
was encouraged by the responses of the leadership of the Zimbabwe
Congress of Trade Unions which has called for tolerance of
lesbian and gay people both in the workplace and in broader
society. The new opposition party, MDC looks set either to
win the next Parliamentary elections or at least gain a significant
proportion of the seats. The MDC has openly stated that it
will pursue a policy of tolerance towards the LGBT communities
and encourage a nationwide education programme around LGBT
issues.
GALZ continued
to be active in the field of HIV/AIDS. Through its support
group, GALZ Positive, the organisation provided home-based
care training and nutrition course for members. The safer-sex
workshop programme conducted six workshops in Harare and Bulawayo
on subjects such as sexual activity both within and outside
relationships. The safer-sex programme began a slow process
of transformation towards becoming the GALZ gender programme.
Following
GALZ's attempts to participate at the World Council of Churches
8th general assembly in Harare in December 1998, GALZ started
a fellowship group for lesbian and gay Christians looking
for spiritual support and affirmation of their sexuality.
In regards
to training, 30 members of GALZ attended a week-long course
on small-business management and ten members from Bulawayo
attended the first counselling module facilitated by the local
systemic counselling service, CONNECT. The administrator of
GLOM attended a ten-day human rights training course provided
by IGLHRC in Johannesburg, South Africa.
GALZ is
now active in establishing a gender and sexuality outreach
programme using the platform of AIDS. The aim is to reach
out to communities who are either too fearful or unable to
make direct contact with us. The programme demonstrates GALZ's
commitment to taking broader responsibility when it comes
to HIV//AIDS beyond the borders of its own immediate concerns.
Back
to the top
Back
to the Zimbabwe page
Zambia
As a former
British colony, Zambia inherited all of Britain's legal systems
and Penal code. While Britain has repealed or modified its
legal system, Zambia still continues to use these archaic
laws.
Laws concerning
Homosexuality are in the Penal code under the infamous sodomy
laws. They are put together with acts such as Bestiality under
the title "Unnatural Offences".
TITLE
OF UNNATURAL OFFENCES.
Zambian
Penal code Cap 87 Section 115; Unnatural Offences Any person
who
a] has
carnal knowledge of any person against the order of nature
OR
b] has
carnal knowledge of an animal OR
c] permits
a male person to have carnal knowledge of him or her against
the order of nature is guilty of a felony and is liable to
imprisonment for fourteen years.[As amended by No. 26 of 1933]
The Penal
code of Zambia Cap 87 Section 157 Any male person who whether
in public or in private commits any act of gross indecency
with another male person or procures another male person to
commit any act of gross indecency with him or attempts to
procure the commission of any such act by any male person
with himself or with another male person whether in public
or in private is guilty of a felony and is liable to imprisonment
for five years. [as amended by no 26. of 1933]
The Zambian
Penal code does not mention sex between two consenting women
but legally Cap 87 Section 155 covers lesbians.
In Zambia
the public attitude is that not only is it morally wrong since,
Zambia has been declared a Christian nation, but that it is
insane, madness and likened to the behaviour of dogs and animals.
Nobody is sympathetic, young or old, the government, all political
parties, all NGO's except two [ZIMT AND AFRONET], Churches,
the whole Zambian community and half of the homosexual community.
The politicians,
in particular the Vice President and the President have instructed
the police to arrest anybody who supports LGBT people or anyone
who says that they are gay. The National Parliament has spoken
strongly against the LGBT community and says that such abnormal
people should be arrested.
In the
last quarter of 1999 an NGO calling itself Zambia Against
People with Abnormal Sexual Acts [ZAPASA] was formed to fight
against homosexuals.
The Zambian
registrar of societies has refused to register LGBT organisations.
LEGATRA( Zambia) has been refused registration several times.
LGBT organisations have continued to operate as social gatherings.
They are failing to raise money for public awareness campaigns,
or to start a National campaign or fund test cases to challenge
the Penal Code and defend the LGBT community. At the moment
we are at an impasse.
The majority
of LGBT people are in the closet and refuse to be associated
with the LGBT movement for fear of victimisation in their
homes, schools, colleges or places of work once they are identified
as homosexuals. We have an urgent need to help lesbians because
they are most vulnerable in Zambian society due to its patriarchal
nature. The majority of LEGATRA members are men.
In Zambia
we are hard hit by the AIDS epidemic, as is the rest of Africa.
We have very few counselling centres, in fact there are only
two. We approached the KARA Counselling Centre to ask if they
would counsel our members. They refused. They said that lesbians
and gay men should be counselled by other gay people. They
seem to have the idea that homosexuality is catching, a view
shared by the majority of Zambian society.
A lot
of gay men have been arrested and charged under the Penal
code of Zambia, though after a great deal of publicity the
cases are usually dropped or settled out of court. The courts
throw many of these cases out of court for lack of evidence
and usually the parties concerned agree on terms of payment
after one has taken the other to court.
The president
of LEGATRA has been very badly attacked twice. Both incidents
happened last year. One incident was at a seminar in Siavonga,
a CIVITAS meeting. The second was in Lusaka. That attack has
seriously injured one of his eyes. There have been numerous
occasions when gay men have been set upon by people and just
attacked.
Transgendered
people are also targeted. Some transgendered people have been
publicly undressed to ascertain their gender. They are beaten,
made fun of and generally ridiculed and there is nothing that
we can do about it.
Zambians
are generally not very militant people and faced with multiple
hostilities the LGBT community closes rank. LEGATRA finds
it very difficult to organise the LGBT community, as they
live in perpetual fear of their lives.
Author:
Regina Numwa
Back
to the top
Back
to the Zambia page
|