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zimbabwe
about
zimbabwe official
name: Republic of Zimbabwe capital: Harare head of state:
Executive President Robert Gabriel Mugabe state: parliamentary democracy
population: 11,4 million independence: from Britain in 1980
languages: English (official), Shona, Sindebele religion: syncretic
(part Christian, part traditional African) 50%, Christian 25%, traditional African
24%, Muslim and other 1% currency: Zimbabwean dollar (ZWD) media:
The Zimbabwean Independent http://www.samara.co.zw
legal
wise status
of homosexuality: illegal age of consent: 12/16 laws covering
homosexual activity: Although there is at present no Statutory law proscribing
or prohibiting the activities of homosexuals in Zimbabwe, the Common Law does
not allow gay men, and to a lesser extent, lesbians to give full expression to
their sexual orientation. Common Law prohibitions are Sodomy and Unnatural Offences,
and these are particularly repressive. These laws criminalise sex and even the
display of affection between men. Sexual acts between consenting adults of the
same gender are prohibited.
Other laws which may be enacted to harass homosexuals are the Miscellaneous Offences
Act and the Censorship and Entertainments Control Act. This may all be about to
change for the worse if the incredibly repressive Sexual Offences Bill becomes
law. sodomy
Sodomy is defined as the "unlawful and intentional sexual relations per anum
between two human males". If all the other requirements of the offence are
present, both parties are guilty. There must be a degree of penetration. The "unlawfulness"
requirement might not be met if, for example, the passive party were subject to
coercion, i.e.: was not a consenting party. Like wise the requirement that the
act be "intentional: might not be present where one of the parties is, for
example, so drunk, or so under the influence of drugs to be incapable of appreciating
what he is doing. A boy under the age of 14 is irrebutably presumed incapable
of rape, and like wise must be irrebutably presumed to be incapable of committing
sodomy as the active party. This does not affect his criminal liability for participation
as the passive party. unnatural offenses An unnatural offence
consists in the unlawful and intentional commission of an unnatural sexual act
by one person with another person. The adjective "unnatural" involves
a value judgement varying from country to country. Some sexual practices have
never been prosecuted here, and if they are, they may well be held to have become
abrogated as crimes. Indeed, it is submitted that the tendency should be in that
direction unless the acts are substantially similar to conduct previously held
criminal by our courts. For the commission of the offence at least 2
people must be involved. However acts which may be perfectly lawful between male
and female may well become criminal between two men. Thus cases of mutual masturbation,
masturbation by one of the other, and various other combinations involving friction
of the male genitals have all been found to constitute criminal conduct. Both
consenting parties are liable to prosecution. That having been said, it is unlikely
that most acts, short of sodomy, between fully consenting adult males in private,
would be regarded as criminal by the courts. With regards to women, it
is an open question as to whether sexual acts between females constitute "unnatural
offences". It seems that such contact was criminal in terms of original Roman-Dutch
Law. It would therefor seem that if such an offence did originally exist
it has now been abrogated. miscellaneous offenses act Section
4(1) of this Act says that "any person loitering of being in any public place
for the purpose of prostitution or solicitation shall be guilty of an offence".
This can be used to harass gay men cruising for sex in public places. The definition
of "public place" is very wide and includes any building or part of
a building to which the public has access. censorship and entertainments
control act This Act has been used to harass gay people in Zimbabwe. Section
11 provides that no person shall import, print, publish, distribute, or keep for
sale any publication which is undesirable. A publication is undesirable if it
is "indecent or obscene or is offensive or harmful to public morals or is
likely to be contrary to public health." Section 27 of the same
Act deems something to be indecent or obscene if it has "the tendency to
deprave or corrupt the minds of persons who are likely to be exposed to the effect
or influence thereof". Something is offensive to public morals if it is likely
to be outrageous or disgustful to persons who are likely to read, hears or see
it. Something is "harmful to public morals" if it deals in an "improper
or offensive manner with criminal or immoral behaviour". There is
substantial room for subjective interpretation of all these provisions. Also the
Act has not kept pace with technology, so it is unclear how this law relates to
viewing and downloading of pornography via the Internet. the constitutional
position The Constitution of Zimbabwe provides in Section 23 that every
one shall be entitled to equal protection under the law as follows: "No law
shall make any provision that is discriminatory either of itself or in its effect".
This clause means that the law may not discriminate against any minority
group. It is unacceptable in any democratic society to discriminate against persons
on the basis of race or any other factor over which a person has no control. For
this reason, homophobic members of society deny same-sex attraction is natural
as heterosexual attraction, and are anxious to keep alive the outdated notion
that gays and lesbians are psychologically ill and all need to be cured.
While it is perhaps logically possible that a gay or lesbian person can refrain
from homosexual behaviour, since same sex attraction is as integral to gay or
lesbian personhood as is being black or white, there can be no justification for
requiring such a restraint. The freedom to put one's beliefs into practice is
protected by section 19 of our Constitution, and is only limited by the criterion
of harm to society. Laws against gays and lesbians are openly discriminatory.
Their very purpose is to prevent gays and lesbians from expressing their sexuality
while heterosexual desire may be openly expressed. These laws have far reaching
repercussions. They serve the purpose of telling gays and lesbians that they are
outcasts and thy are then treated as such. This discrimination extends beyond
sexual conduct and people use laws proscribing homosexual conduct to discriminate
against gays and lesbians in areas involving familial relations, employment, housing
and immigration, to name a but few. Section 20 of the Declaration of
Rights in the current flawed Constitution of Zimbabwe provides for the protection
of freedom of expression. Any person is free to hold his own opinions, and free
to receive, import and transmit information without undue interference. However,
in terms of section 20(2), that right may be limited, inter alia, in the interest
of public morality, provided that such a limitation is reasonably justifiable
in a democratic society. Any person who feels that his constitutional
rights have been, are being, or are likely to be infringed is entitled in terms
of section 24 to apply to the Supreme Court for redress. The Supreme Court has
the power to issue such orders, writs or directives, as it deems appropriate for
the purpose of securing the applicant's rights. The rights violated could be any
of the following: a) A violation of the applicant's freedom of association,
in that the applicant was being harassed for being, for example, a member of a
gay rights organisation, or a gay social club. b) A violation of the applicant's
freedom of expression in that the applicant's activities as a member of a community
was being hindered by continual harassment by the authorities. c) Discrimination
on the basis of one's beliefs, such as belief in equal rights under the law for
homosexuals, in contravention of section 23 of the Constitution. Even
though there are at present no statute laws prohibiting the activities of homosexuals
in Zimbabwe, the authorities can always cite a provision in a statute and purport
to act in the defence of public morality. The determination of what is contrary
to public morality s obviously a subjective one, and is best done by the judiciary.
In reaching its determination on this issue it would have to regard worldwide
trends, as well as social and other factors. The Supreme Court would almost certainly
consider the position of other countries, such as the United Kingdom and South
Africa, where homosexual activities are no longer illegal. In South Africa the
only statutory prohibition to homosexuality is where one party is below the age
of consent. Source: GayZim
background information
and government attitudes: The Zimbabwean president and government are extremely
homophobic to the point of obsession. Mugabe has said of gays: "What an abomination,
a rottenness of culture, real decadence of culture. [Homosexuals are] repugnant
to my human conscience
immoral and repulsive
Lower than pigs and dogs
Animals in the jungle are better than these people because at least they know
that this is a man or a woman... I don't believe they have any rights at all."
Voted against ILGA having consultative status at the UN on April 30, 2002.
communication mainline telephones: 212, 000 (1997)
cellular telephones: 70, 000 (1999) internet country code: .zw
internet service providers: 6 (2000) internet users: 30, 000
(1999) links
and contacts Gays
and Lesbians of Zimbabwe (GALZ) 35 Colenbrander Road, Milton Park, Harare
PO Bag A6131, Avondale, Harare Tel: +263 (0)4 741 736 Fax: +263 (0)4 778
165 Email: info@galz.co.zw Activities:
lobbying, advocacy, support Galz
en Francais GayZim:
http://www.angelfire.com/zine/gayzim/index.html |
samantha
crowned the new miss jacaranda
October 15,
2005: The glamorous and fabulous Samantha snatches the Jacaranda crown
and is committed to charity work and the promotion of the better image
of the lesbian and gay community. More...
election
of british bishop in malawi shocks anglican church in zimbabwe
September 5,
2005: A vicar-elect who is accused of supporting gay and lesbian rights
misses the opportunity to state that human rights extend to sexual minorities
and instead offers a slipper slope explanation: I have had male lodgers
in my house for purely financial reasons. More...
Isn't a silent
population dangerous? Where will it hide the burden of its choice?
More...
gays and
lesbians of zimbabwe to return to the zimbabwean book fair in 2006
August 10, 2005:
Some activists are questioning whether this incident strategically took
place few hours before the official closing day on the 6th in order to
downplay international condemnation. More...
galz premises
under threat
July 18, 2005: GALZ premises in Harare could be adversely affected as
they the recreation room and the heath centre fall outside the approved
plans of using the offices for residential purposes. More...
zimbabwe
sex row athlete jailed July 18, 2005: A judge in Zimbabwe has sentenced
a leading youth athlete to four years in prison for competing in female events,
after being found to be a man. More...
who
owns our space? July, 2005: The Director of Gay and Lesbians of Zimbabwe
(GALZ), Keith Goddard, says to the Zimbabwean authorities "Ngativakanei hunhu
hwedu kwete kuparadza kwese". More...
mugabe to crack down on internet
use Harare
plans to bring under state control the monitoring of internet usage by private
usage, in addition to bringing NGOs under state sanction, in a move announced
by Mugabe. More... fadzai
muparutsa's canadian speaking circuit trip scuppered by airline regulations May
25, 2005: Feeling pressured and confused by the airline constantly changing regulations
on late-booking. Muparutsa decided to return home to the disappointment of Canadians.
More... zimbabwean
lesbian activist to give public addresses in north america
May 24, 2005:
GALZ manager for gender programme takes a whirlwind tour of the US and Canada
to address the public about the challenges GALZ face in its work in Zimbabwe.
More... controversial
zim ngo bill to be re-tabled May
19, 2005: After "consultations" with stakeholders, the much-loathed
NGO Bill is set to be considered by Parliament after initially being rejected
for being "obnoxious". More...
amnesty
slams 'zim attacks' May 10, 2005: A new scathing
report by Amnesty International shows that Harare has been waging a systematic
and sustained war of terror on human rights campaigners and NGOs. More...
zimbabwe
arrests man uk granted asylum as gay April
30, 2005: Harare authorities
incarcerate a man travelling on a UK passport and counter that he misrepresented
himself and claimed to be gay whilst he actually has a wife and child..
More... ngo
bill could cripple the lgbti movement in zimbabwe
April 20, 2005:
As a controversial bill which threatened to switch off Zimbabwean's life-support
is "rejected" for being too "obnoxious" by Mugabe, it is not
yet clear whether the worst is over. More...
zimbabwe women make history April
19, 2005: GALZ AGM elects to include women in its decision-making processes. More...
Just
a bit more cash and I'll be a woman again, says athlete
February
10, 2005: Zimbabwean
sporting authorities were this week shocked to discover that one of the country's
top female athletes is actually a man. Multiple medal winner Samukeliso Sithole
was outed as a man while waiting for a train at a railway station, the Herald
reported. More... zimbabwe
gay group wins international award January 28,2005:
The grassroots gay and lesbian association in Zimbabwe, GALZ, is awarded international
recognition for their human rights accomplishments. Despite arrests and intimidation,
GALZ had made a great effort to promote the rights of Zimbabwe's gay and lesbian
community, according to the award. More...
galz mourns fannyann
October 4, 2004: Keith Goddard, director of GALZ (gays and Lesbians of Zimbabwe)
pays tribute to Fannyann Viola Eddy the Sierra leonean activist murdered last
week. More...
galz
cause stir at book fair, again August 10, 2004:
Reports in various Zimbabwean newspapers claim that members of GALZ were beaten
and chased from their stand at the Zimbabwe International Book Fair last week.
This year's scandal has led to the resignation of honorary trustee, the Midlands
provincial governor, Cephas Msipa from the board of the fair. More
culture-zimbabwe:
'dogs and pigs' no more? May
23, 2004: "Worse than dogs and pigs" is how Zimbabwean President Robert
Mugabe described homosexuals almost a decade ago, when the gay community attempted
to highlight widespread homophobia in the Southern African country. More...
eddie
the invincible
March
4, 2004: One of the more enigmatic characters present at the All Africa Programme
conference held in Johannesburg recently, was Eddie from Marondera, a small town
in Zimbabwe - now home to Eastlove, a successful Affinity Group of GALZ.
More
mugabe above the law, rules brit court January
15, 2004: British rights activist Peter Tatchell has lost his court bid to obtain
an arrest order for Zimbabwean President Robert Mugabe, whom he compared to international
pariahs like Slobodan Milosevic, Saddam Hussein and Augusto Pinochet. More...
mugabe
arrest warrant bid January
7, 2003: Contoversial gay human rights activist Peter Tatchell is trying to have
Robert Mugabe arrested again. His case was heard today in the Bow Street Magistrate's
Court, London UK. More...
police hamper efforts to help hiv+ gays
December 4, 2003:
Musa Ngubane spoke to Alfred, a gay man from Zimbabwe who fled the country to
avoid arrest after he tried to help raise money for his HIV+ gay friends.
More... gays soldier on September
15, 2003: The Zimbabwe Standard reports on the history of the gay movement in
Zimbabwe and interviews young gays on the current situation. More...
mugabe in paris February
25, 2003: Gay and human-rights activists repeatedly zapped vociferously anti-gay
Zimbabwean President Robert Mugabe Feb. 19 and 20, calling him a murderer and
demanding he be arrested for torture. More
in africa abroad 45 lesbians expelled February
3, 2003: Statement from the Gays and Lesbians of Zimbabwe GALZ over the expulsion
of 45 girls from Langham School. More...
jacaranda queen, not far off November
1, 2002: The Harare drag pageant approaches, the local press seem positive. More...
'state
to defy judgments which are not impartial', says mugabe
July 27, 2002: "When I said gays are worse than dogs and pigs, I really meant
it because pigs don't do unnatural things. Let not our Parliament ever entertain
that the unnatural must be made natural." - Mugabe. More... mugabe
witch hunt July 2, 2002: President promises to root out gays from his
government. More...
tatchell harasses mugabe in rome June 13, 2002: British gay activist
Peter Tatchell flew to Rome to harass President Mugabe. More...
galz
speak out on moyo June
9, 2002: The Gays and Lesbians of Zimbabwe have broken
their silence over the alleged Moyo and Mpofu homosexual relationship. By Walter
Marwizi. More...
under the cloak of
marriage April 4, 2002: statement from Galz regarding the case of Chief
Executive of ZBC, Mr Alum Mpofu. More...
zbc chief
quits April
3, 2002: ZBC chief, Alum Mpofu quits because of gay scandal. More...
galz on mugabe victory March
2002: statement from Galz following the re-election of Mugabe. More...
galz a-political
February 11, 2002: statement
from Galz - a-political stand in run up to elections. More...
mugabe bashes blair February 2, 2002: Mugabe lashes out at British
PM for having gays in his cabinet. More...
sexual torture of women and men January 2002: sexual torture
by youth league against opposition followers. More...
gay animals January 2002: some other primates are gay too.
More...
galz activist dies
May 2001: orbituary of Poliyana
"Tsitsi Tiripano" Mangwiro who died on on Saturday 12 May. More... galz
outs former member April 2001: The Gays and Lesbians of Zimbabwe (GALZ)
exposed the sexual orientation of one of their former members, Elliot Magunje.
More...
galz verses the namibian minister of homophobic affairs October
2000: statement from Galz on recent homophobic comments in Namibia. More...
ilga/galz report 2000 September 2000: the work of
Galz. More...
peter hain is tatchell's 'wife' June 2000: Mugabe on the
Peters Hain and Tatchell. More...
tsvangirai welcomes gays June 2000: Oposition leader's comments
on gays in the MDC. More... no
referendum on gays 2000: Galz sends open letter on draft constitution.
More...
putting queer rights on the map December 1999: Keith Goddard
of Galz, on the impact of gay's current high profile in the media. More...
gay leaders commits suicide October 24, 1999: Zimbabwe Standard
reported on the suicide of the chairman of the Gays and Lesbians of Zimbabwe,
Galz, Phangi Nyathi. More...
gay leaders receive death threats September 1999: Gays and Lesbians
of Zimbabwe, Galz, began to receive death warnings last weekend were they found
walls painted around their offices. More...
big pig no date: a comment on Mugabe's comments. More...
bookfair ban
June/July 1996: various stories relating to the governments attempt to ban
Galz from exhibiting at international bookfair. More... foreign
resistance to anti-gay policies January 5, 1996: President Robert Mugabe's
campaign against gays appears to be running into growing international resistance
as European Union countries review their relations with Zimbabwe. More...
zimbabweans blame drought on gays October 2,1995: For the majority
Shona people, no misfortune just "happens", and rain-making ancestral spirits
are part of their reality. And it seems that the one thing which has angered these
spirits is the gay community's "immorality". More...
gay basher bob August 19, 1995: Zimbabwean president Robert
Mugabe has stepped-up his anti-homosexual crusade, accusing American political
leaders of sacrificing morals to court the gay vote. More...
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