LGBT rights in Zimbabwe
LGBT rights in Zimbabwe | ||
---|---|---|
Adoption | No |
Lesbian, gay, bisexual, and transgender (LGBT) people in
According to a 2018 survey, 50% of gay men in Zimbabwe had been physically assaulted and 64% had been disowned by their families. 27% of lesbians also reported disownment.[4]
History of homosexuality in Zimbabwe in the pre colonial era
The
According to Marc Epprecht, homosexuality grew among African men during the colonial era. Even though it was controversial, arranges of pederasty began to show up in certain cities and labour camps in as early as 1907. The young men (called ngotshana in Shona, also known as boy-wife in English) would typically dress as women, perform chores associated with women, such as cooking and fetching water and firewood, and have intercrural sex with their older husbands. In addition, they were not allowed to grow beards or ejaculate. Upon reaching manhood, the relationship would be dissolved, and the boy-wife could take a ngotshana of his own if he so desired. These marriages are sometimes referred to as "mine marriages" as they were common among miners. Epprecht estimates that about 70% to 80% of Zimbabwean miners had an ngotshana.[5][10] Other homosexual male relations during early colonial times included love affairs, prostitution, rape, and sexual brutality.[11] Marc Epprecht stated that many Zimbabweans believed that homosexuality was un-African, caused by a disease introduced by white settlers from Europe.[11] Epprecht's review of 250 court cases from 1892 to 1923 found cases from the beginnings of the records. The five 1892 cases all involved black Africans. A defence offered was that "sodomy" was part of local "custom". In one case, a chief was summoned to testify about customary penalties and reported that the penalty was a fine of one cow, which was less than the penalty for adultery. Over the entire period, Epprecht found the balance of black and white defendants proportional to that in the population. He noted, however, only what came to the attention of the courts - most consensual relations in private did not necessarily provoke notice. Some cases were brought by partners who had been dropped or who had not received promised compensation from their former sexual partner. And although the norm was for the younger male to lie supine and not show any enjoyment, let alone expect any sexual mutuality, Epprecht found a case in which a pair of black males had stopped their sexual relationship out of fear of pregnancy, but one wanted to resume taking turns penetrating each other.[12]
Writing in the 19th century about the area of today's southwestern Zimbabwe, David Livingstone asserted that the monopolization of women by elderly chiefs was essentially responsible for the "immorality" practised by younger men.[13] Edwin W. Smith and A. Murray Dale mentioned one Ila-speaking man who dressed as a woman, did women's work, lived and slept among, but not with, women. The Ila labelled such individuals mwaami, translated as "prophet". They also mentioned that pederasty was not rare, "but was considered dangerous because of the risk that the boy will become pregnant".[12]
Law regarding same-sex sexual activity
Laws against same-sex sexual activity date back to 1891, when the British South Africa Company imposed the law used at the Cape of Good Hope on the region.[1] Common law prohibitions include sodomy, defined as the "unlawful and intentional sexual relations per anum between two human males" as well as unnatural offences, defined as the unlawful and intentional commission of an unnatural sexual act by one person with another person. Section 11 of the Censorship and Entertainments Control Act, which provides that no person shall import, print, publish, distribute, or keep for sale any publication which is undesirable (defined as "indecent or obscene or is offensive or harmful to public morals or is likely to be contrary to public health") has been used to harass LGBT people and activists.[14]
In 1996, former President
Laws passed in 2006 criminalized any actions perceived as homosexual. The Zimbabwean Government has made it a criminal offense for two people of the same sex to hold hands, hug, or kiss. The "sexual deviancy" law was one of 15 additions to Zimbabwe's
Recognition of same-sex relationships
Zimbabwe does not recognise same-sex marriage or civil unions. In 2013, the Zimbabwe Constitution was amended to define marriage as being between a man and a woman.[16]
In May 2019, Mnangagwa's Cabinet approved amendments to Zimbabwean marriage law, which would ban both child marriages and same-sex marriages, lining it with the Constitution.[17]
Politics
Mugabe Administration
Mugabe received worldwide criticism for comments he made on 1 August 1995 after coming across a stall set up by the organisation Gays and Lesbians of Zimbabwe (GALZ) at the country's annual International Book Fair in Harare, founded in 1990 to facilitate communication within the LGBT community and which had not received much attention from the Government beforehand.[18][19][20]
Mugabe's comments after seeing the stall at the book fair were:
I find it extremely outrageous and repugnant to my human conscience that such immoral and repulsive organizations, like those of homosexuals, who offend both against the law of nature and the cultural norms espoused by our society, should have any advocates in our midst and elsewhere in the world.
Two weeks later, during Zimbabwe's annual independence celebrations, Mugabe proclaimed:[21]
It degrades human dignity. It's unnatural, and there is no question ever of allowing these people to behave worse than dogs and pigs. If dogs and pigs do not do it, why must human beings? We have our own culture, and we must re-dedicate ourselves to our traditional values that make us human beings. ... What we are being persuaded to accept is sub-animal behavior and we will never allow it here. If you see people parading themselves as Lesbians and Gays, arrest them and hand them over to the police!
Since then, President Mugabe increased the political repression of homosexuals under Zimbabwe's sodomy laws. Mugabe blamed gays for many of Zimbabwe's problems and views homosexuality as an "un-African" and immoral culture brought by colonists and practiced by only "a few whites" in his country.[22] During his 82nd birthday celebrations, Mugabe told supporters to "leave whites to do that".[23] Mugabe instructed journalists, most of whom work for state-owned institutions, to report unfavorably about gay relationships. Some critics believed that Mugabe was using gays as a scapegoat to deflect attention from Zimbabwe's major economic problems.[24]
GALZ has been the target of
In 1999, British gay rights activists, led by Peter Tatchell, attempted a citizen's arrest of Mugabe for the crime of torture.[27] In 2001, Tatchell again tried to arrest the President in Brussels but was beaten unconscious by Mugabe's security guards.[28][29]
Mugabe also compared gays and lesbians as "worse than pigs and dogs". In 2015, he stood before the United Nations General Assembly and declared "we [Zimbabweans] are not gay". Mugabe was finally ousted as president in November 2017.[30]
Mnangagwa Administration
After Robert Mugabe's forced removal from the presidency in November 2017, Emmerson Mnangagwa was declared President of Zimbabwe. There are hopes that Mnangagwa would reverse Zimbabwe's decades-long persecution of LGBT people, led by the virulently homophobic former President Mugabe.[31]
In January 2018, Mnangagwa spoke on the issue of LGBT rights for the first time, saying: "Those people who want it [same-sex marriage] are the people who should canvass for it, but it's not my duty to campaign for this".
In July, the Health Ministry adopted new training manuals to be used by health professionals when dealing with gays and sex workers. The manuals read: "The programme is to educate and equip healthcare providers in Zimbabwe with the knowledge and skills to enable them to provide health services that support and adequately cater for the unique healthcare needs of sex workers, men who have sex with men, transgender and non-gender conforming people and people who inject and use drugs. The fact that sex work, drug use and some sexual acts are considered illegal in Zimbabwe can create a variety of situations that negatively affect members of key populations more than the general populations. This undermines HIV prevention for the whole nation by affecting these individuals' access to healthcare".[32] That same month, it was announced that five new health centres would open in Harare, Bulawayo, Gweru, Mutare and Kwekwe to cater to the health needs of gay and bisexual men.[33]
The July
Living conditions
Homosexuality is highly
In September 2018, a teacher at the St. John's College in Harare came out as gay to his students, reportedly to their cheers, following reports of a homophobic climate for gay students. The school later affirmed its commitment to providing a safe and caring environment for "all persons, regardless of race, religious beliefs, gender, sexual orientation, abilities or disabilities or any other real or perceived difference".[40] The teacher resigned the following week because of death threats from parents.[41]
2002 asylum attempt
In 1998, William Kimumwe, a gay man facing sodomy charges, fled Zimbabwe for
Religious leaders
The
His successor as bishop, Nolbert Kunonga, accused Archbishop of Canterbury Rowan Williams of "heresy", and suggested he was "coming to lobby for homosexuality".[45]
HIV/AIDS
HIV/AIDS has
Activism and advocacy groups
Gays and Lesbians of Zimbabwe (GALZ) is a prominent LGBT rights group that was formed in 1990.[49] After Zimbabwean independence was gained on 18 April 1980, there was a flourishing gay scene in urban areas. Many believed that a group with more serious aims for the LGBT community should be established, and meetings began taking place in the late 1980s, with GALZ being officially established in September 1990.[50] One of the main goals of GALZ is to assist people with HIV/AIDS. Initially being separated from the cause of the HIV/AIDS community of Zimbabwe, GALZ is now one of the largest proponents for rights of those afflicted and their health.[51]
Rikki Nathanson set up Trans Research, Education, Advocacy & Training (TREAT) in 2015.[52] In 2014, she had been arrested for using a women's bathroom under the charge of criminal nuisance. After the charge was thrown out, Nathanson sued for damages and won her case.[53]
Summary table
Same-sex sexual activity legal | (Male illegal, penalty: 14 years imprisonment with fines, repeal proposed)[54] Female never criminalized |
Equal age of consent | |
Anti-discrimination laws in employment only | |
Anti-discrimination laws in the provision of goods and services | |
Anti-discrimination laws in all other areas (Incl. indirect discrimination, hate speech) | |
Same-sex marriages | (Constitutional ban since 2013) |
Stepchild adoption by same-sex couples | |
Joint adoption by same-sex couples | |
LGBT people allowed to serve openly in the military | |
Right to change legal gender | |
Access to IVF for lesbians | |
Commercial surrogacy for gay male couples | |
MSMs allowed to donate blood |
See also
- Human rights in Zimbabwe
- LGBT rights in Africa
- Forbidden Fruit, a documentary about lesbians in Zimbabwe
References
- ^ a b Nyathi, Nqobani. "Decriminalisation of Consensual Same-Sex Sexual Conduct in Zimbabwe" (PDF). Retrieved 18 August 2023.
- ^ a b "State Sponsored Homophobia 2016: A world survey of sexual orientation laws: criminalisation, protection and recognition" (PDF). International Lesbian, Gay, Bisexual, Trans and Intersex Association. 17 May 2016.
- ^ "Is There Space For The LGBTQI Community In Zimbabwe?". 21 March 2023.
- ^ Zimbabwe | 50% of gay men assaulted and 64% disowned, Mambaonline, 27 July 2018
- ^ Toomey, Patrick (6 June 2016). "Gay Sub-Saharan Rock Art in Zim". Archived from the original on 5 July 2018. Retrieved 28 May 2019.
- ^ Obamwonyi, Hope (16 September 2016). "The Homosexual Nature of Africa's Past (You Didn't Know)".
- ^ "Boy-Wives and Female Husbands". www.willsworld.org.
- ^ Tamale, Sylvia (20 March 2015). "Homosexuality is not un-African". Heinrich-Böll-Stiftung.
- ^ Epprecht, Marc, Hungochani, Second Edition: The History of a Dissident Sexuality in Southern Africa. McGill-Queen's Press - MQUP, 1 April 2013
- ^ ISSN 0305-7070.
- ^ a b Will Roscoe and Stephen O. Murray(Author, Editor, Boy-wives and Female Husbands: Studies of African Homosexualities, 2001
- ^ David Livingstone, The Last Journals of David Livingstone, in Central Africa, From 1865 to His Death, 1866-1873 Continued by a Narrative of His Last Moments and Sufferings
- ^ Gay Zimbabwe – Archived 29 September 2006 at the Wayback Machine Gay Times
- ^ "The Backlot - Corner of Hollywood and Gay - NewNowNext". LOGO News. Archived from the original on 14 June 2008. Retrieved 23 March 2007.
- ^ a b Zimbabwe | New hope as ruling party meets with LGBTI community, Mambaonline, 25 June 2018
- ^ "Same-Sex Marriages Banned in Zim". newsdzezimbabwe. 10 May 2019.
- ^ "GALZ | Gays and Lesbians of Zimbabwe". 10 May 2014. Archived from the original on 10 May 2014.
- ^ "Gays and Lesbians of Zimbabwe". www.icon.co.za.
- ^ "Kubatana – Gays and Lesbians of Zimbabwe (GALZ)". Archived from the original on 12 April 2006.
- ^ Kai Wright Archived 6 May 2006 at the Wayback Machine
- ^ "BBC News - Africa - Zimbabwe gay rights face dim future". news.bbc.co.uk.
- ^ "Kelvin Ncube: I'm gay". Archived from the original on 29 June 2006.
- ^ "Opinions: Dateline Zimbabwe: Who's to Blame?". Center for Global Development. Archived from the original on 22 August 2006.
- ^ "Zimbabwean drag queen reveals all". BBC News. 10 August 2006.
- ^ "State-Sponsored Homophobia in Southern Africa (Human Rights Watch, 14-5-2003)". hrw.org. Archived from the original on 19 October 2008. Retrieved 14 November 2007.
- ^ "BBC News - UK - Gay activist freed after Mugabe row". news.bbc.co.uk.
- ^ "Tatchell defends Mugabe 'arrest'". BBC News. 6 March 2001.
- ^ Linton, Leyla (6 March 2001). "Tatchell beaten unconscious as he tries to 'arrest' his old adversary". The Independent. London. Retrieved 7 May 2010.[dead link]
- ^ Chikura, Candice C. "Zimbabwe's LGBT community: why civil rights and health issues go hand in hand". The Conversation.
- ^ a b Zim's President Mnangagwa slams door on same-sex marriage, Mambaonline, 26 January 2018
- ^ "Zim govt adopts manual for treating gays, sex workers at health centres". 9 July 2018.
- ^ Five gay and bi male health centers to open in Zimbabwe, Mambaonline, 19 July 2018
- ^ Zimbabwe’s LGBTI group says elections a “historic win” for LGBTI community, Mambaonline, 20 August 2018
- iol.co.za. Retrieved 14 November 2007.
- ^ "kaiwright.com". 21 September 2004. Archived from the original on 21 September 2004.
- ^ "kaiwright.com". 12 July 2004. Archived from the original on 12 July 2004.
- ^ Chigonga, Brenna (14 April 2007). "Zimbabwe: Gay Prostitution Hits Streets of Harare" – via AllAfrica.
- ilga.info. Archived from the originalon 17 April 2007. Retrieved 14 November 2007.
- ^ This brave Zimbabwe teacher just came out to his students to tackle homophobia, Mambaonline, 22 September 2018
- ^ Gay Zimbabwe teacher resigns after death threats, BBC News, 27 September 2018
- ^ "Gay Dating, Personals, News, Local Events and Information". gay.com.[permanent dead link]
- ^ "NCLR January-February 2006 E-Newsletter". Archived from the original on 1 October 2006.
- ^ "Homosexual and hated in Zimbabwe". BBC.
- ^ Thornycroft, Peta (30 September 2011). "Rowan Williams is 'lobbying for homosexuality', claims Mugabe-backed bishop". The Telegraph.
- ^ "COUNTRY COMPARISON :: HIV/AIDS - ADULT PREVALENCE RATE". Cia World Factbook. Archived from the original on 13 June 2007.
- ^ "New Blow for Gay Rights in Zimbabwe". Institute for War and Peace Reporting.
- ^ "HIV/AIDS". UNICEF.
- ^ "Gays and Lesbians of Zimbabwe | Zimbabwe Human Rights NGO Forum". www.hrforumzim.org. Archived from the original on 16 September 2018. Retrieved 16 November 2017.
- ^ "FAQ". Gays and Lesbians of Zimbabwe. Retrieved 16 November 2017.
- ^ "HIV/AIDS". Gays and Lesbians of Zimbabwe. Retrieved 16 November 2017.
- ^ "Activists in Focus Ricky "Rikki" Nathanson of Trans Research, Education & Training (TREAT) Zimbabwe". MPact Global Action. 5 January 2018. Archived from the original on 15 January 2022. Retrieved 19 July 2020.
- ^ Ring, Trudy (19 November 2019). "Trans Woman Wins Landmark Court Case in Zimbabwe". Advocate. Retrieved 19 July 2020.
- ^ "Is There Space For The LGBTQI Community In Zimbabwe?". 21 March 2023.
Further reading
- Shoko, Tabona. ""Worse than dogs and pigs?" Attitudes Toward Homosexual Practice in Zimbabwe." Journal of Homosexuality. Volume 57, Issue 5, 2010 . - See abstract at the U.S. National Institutes of Health
- "Homosexuality: The reality is that it exists" (Opinion) (Archive). The Standard. 7 April 2013.