As we reflect on Pride, a month dedicated to celebrating LGBTI people globally, one cannot help but marvel at all the celebrations that took place all over the world, of LGBTI people embracing who they are with their loved ones. Bold and loud celebrations with beautiful colours dominated the month from Thailand to Namibia. Yet in some countries, the struggle for human rights continues in court rooms, to change laws that effectively demonise our own. Many countries are decriminalizing consensual same-sex relations all over the world-but some are lagging behind. While we celebrate countries which have decriminalised consensual same-sex sex in southern Africa such as Angola, Botswana, Mozambique, South Africa, and most recently, Namibia; we hoped that those who haven’t, such as Malawi, would follow suit in confirming the unconstitutionality of such laws which infringe on freedom of expression and privacy.
These countries cannot continue to hide behind religion and spread the sentiments that citizens support the laws that infringe on fellow citizens’ rights. The laws and government officials’ sentiments against same-sex relations exacerbate the hate and violence against LGBTI people as people tend be influenced by leadership sentiments and depend on the ‘law’ to make their own determination of what is right and wrong. Unfortunately, in this instance it’s not the kind of leadership to be proud of.
Legal battle to achieve freedom for LGBTI people in Malawi
Malawi’s decision to uphold the criminalisation of consensual same-sex conduct was a blow to LGBTI people not only in Malawi but in the southern African region where most countries have decriminalised these discriminatory laws. In February 2022, a Malawian trans woman, Jana Gonani challenged the constitutionality of some sections of the penal code. Jana was convicted under sections 153 ,318 and 319 of the country’s penal code for committing ‘unnatural offences’ and sexual intercourse by “false pretence”. Jana was subjected to genital examination by a male police officer and is serving an eight-year jail sentence in a men’s prison.
The members and staff of LGBTI organisation, were threatened and harassed after they supported Jana in her legal challenge and religious leaders led marches against ‘legalisation of same-sex marriages’. Anti-LGBTI sentiments, hate and misinformation spread on social media with some saying “homosexuality is un-African” and accusing LGBTI people of being paid. Such sentiments contribute to a climate of impunity for crimes and abuse committed against LGBTI people by the state and non-state actors.
Threats to the rights of LGBTI people in Zambia
Consensual same-sex relations have been politicised in Zambia with political leaders and other influential people weaponizing LGBTI issues against the ruling party and accusing it of “promoting gay and lesbian rights”. This resulted in President Hichilema saying, “We said in opposition and now in government that we do not support gay and lesbian rights as a country,” calling Zambia “a Christian country according to the constitution”.
The constitution of Zambia protects the right to freedom of expression and association; and although it is not explicit on gender or sexual orientation, article 23 concerning the fundamental human rights provides for protection from discrimination.
Anti-LGBTI rights sentiments have also been on the rise in Zambia and worsened on 17 May 2022- International Day Against Homophobia, Biphobia and Transphobia- when the Swedish and Finnish Embassies hoisted the Pride Flag alongside their national flags in support of LGBTI rights, which resulted in backlash from government and the public.
In March 2023, a Women’s March in Lusaka organized by Sistah Sistah Foundation against sexual and gender-based violence sparked anti-LGBTI outrage on X (formerly Twitter) after LGBTI people joined the march with rainbow flags. This led to religious leaders, politicians and some in the general public tweeting disinformation regarding the march and alleging it promoted LGBTI people. The government released a statement condemning the march and distancing itself from LGBTI people and groups. The organisers received death threats and were also arrested and released the next day.
In May, Isaac Mwanza, a governance activist, and the Zambian Civil Liberties Union (ZCLU), a non-profit organization promoting human rights, approached the Constitutional Court with a case that seeks to decriminalize consensual same-sex conduct in Zambia. We hope that the judiciary would follow the progressive trends of other African courts who have affirmed that human rights apply to all persons equally, including LGBTI people.
Criminalisation and dire consequence for human rights
The continued criminalization of consensual same-sex relations and the negative sentiments of political and religious figures not only risk the lives of LGBTI people but put barriers to accessing their economic, social and cultural rights, especially the right to health. For example, some LGBTI people say they are mocked and verbally abused by health professionals in public hospitals and are sometimes blamed for their ailment which they say is a consequence of their ‘sinful acts’. This discriminatory treatment discourages LGBTI people from seeking healthcare or forces them to conceal their identity in order to access adequate healthcare.
There have also been reports of LGBTI people being subjected to forced anal examinations, which domestic courts in the African region have confirmed that it amounts to torture and other ill-treatment. Furthermore, anal examinations violate the UN Convention against Torture, the International Covenant on Civil and Political Rights, and the African Convention on Human and Peoples’ Rights. The UN Committee against Torture has emphasized that they “have no medical justification and cannot be consented to fully.”
Governments must ensure LGBTI people enjoy human rights
While both the Zambia and Malawi constitutions protect the right to non-discrimination and other human rights, these protections are not equally applied to LGBTI people. These countries’ penal codes continue to criminalise consensual same sex conduct in violation of the human rights of LGBTI people.
Both countries are state party to international and regional human rights treaties including the African Charter on Human and Peoples’ Rights (African Charter), the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) which protect the rights of LGBTI people.
Like several other countries in Southern Africa who have affirmed the human rights of LGBTI people, Malawi and Zambia must fulfil their obligations to respect human rights of all persons including the rights of LGBTI people. They must take steps to align their national laws to their regional and international human rights obligations. This includes decriminalizing consensual same-sex conduct and immediately and unconditionally release all who have been convicted under these offences. Additionally, these governments must ensure that LGBTI people and their organizations are able to freely exercise their rights to freedom of expression and association.
Source link : https://www.amnesty.org/en/latest/campaigns/2024/07/pride-ends-with-mixed-feelings-in-southern-africa-as-lgbti-people-register-wins-and-setbacks/
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Publish date : 2024-07-24 09:47:12
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