Swaziland should follow the example of its
near-neighbour Botswana and decriminalise gay sex.
The kingdom, also known as eSwatini, has much in
common with Botswana. Both were protectorates of Great Britain and have laws
relating to homosexuality dating back to that time. They became independent in
the 1960s. Both countries have small but active fundamentalist Christian groups
that today demonise LGBT people; the media largely ignore them and when they do
report they are usually antagonistic. Both countries want
people to believe that homosexuality is in some way ‘un-African’. Nevertheless,
both want to believe that they are modern societies. Swaziland aims
to become a ‘First-World’ country by 2022.
The Botswana High Court on Tuesday (11 June 2019) unanimously
ruled in favour of decriminalising homosexuality. Judge Michael Elburu said,
‘Human dignity is harmed when minority groups are marginalized.’
According to a BBC report,
he added laws banning gay sex were ‘discriminatory’. He also said, ‘Sexual
orientation is not a fashion statement. It is an important attribute of one’s
personality.’
The Mail
& Guardian newspaper in South Africa reported
the court said, ‘Homosexuality is not unAfrican, but it is one other way
Africans identify but have been repressed for many years.’
Commenting
on the ruling, United Nations Independent Expert on
protection against violence and discrimination based on sexual orientation and
gender identity, Victor Madrigal-Borloz, said, ‘Criminalising homosexuality and
other forms of sexual and gender diversity is one of the root causes of grave
and pervasive human rights violations on the basis of sexual orientation and
gender identity. It also violates international human rights law.’
He said legal provisions banning homosexuality were
often remnants of colonial laws.
He added, ‘Countries around the world that still
criminalise homosexuality and other forms of sexual orientation and gender
identity must, without exception, take note of this recent advance in Botswana,
which joins India and Angola in definitely abandoning this odious form of
discrimination. All countries in which homosexuality or any other form of
gender diversity remain criminalised must examine their legal frameworks in
order to become fully compliant with international human rights law.’
The main difference between Botswana and Swaziland is
that Botswana is a multi-party democracy and Swaziland is ruled by an absolute
monarch King Mswati III, who has in the past reportedly said homosexuality
is ‘satanic’. Political parties are banned from taking
part in elections in Swaziland and there is very little opportunity for people in
the kingdom to discuss how they might change the way they live.
Swaziland has a poor record on LGBT rights. In May
2016, Rock of Hope, which campaigns for equality in Swaziland, reported
to the United Nations Universal Periodic Review
on Swaziland that laws, social stigma and prejudice prevented LGBT
organisations from operating freely.
The report, presented jointly with three South
African-based organisations, stated, ‘In Swaziland sexual health rights of LGBT
are not protected. There is inequality in the access to general health care,
gender affirming health care as opposed to sex affirming health care and sexual
reproductive health care and rights of these persons. HIV prevention, testing,
treatment and care services continue to be hetero-normative in nature only
providing for specific care for men born as male and women born as female,
thereby leaving out trans men and women as an unprotected population which
continues to render the state’s efforts at addressing the spread and incidence
of HIV within general society futile.’
The report added, ‘LGBTs are discriminated and
condemned openly by society. This is manifest in negative statements uttered by
influential people in society e.g., religious, traditional and political
leaders. Traditionalists and conservative Christians view LGBTs as against
Swazi tradition and religion. There have been several incidents where
traditionalists and religious leaders have issued negative statements about
lesbians.
‘Human rights abuses and violations against members of
the lesbian, gay, bisexual, transgender and intersex population continue to go
undocumented, unreported, unprosecuted and not addressed.’
It added, ‘There is no legislation recognizing LGBTs
or protecting the right to a non-heterosexual orientation and gender identity
and as a result LGBT cannot be open about their orientation or gender identity
for fear of rejection and discrimination.’
There are attempts to
register the first LGBT group in Swaziland and on 22
June 2019 the second annual Pride parade is due to take place in the kingdom.
Richard Rooney
See also
Attempt
to register first LGBTI group in Swaziland as preparations for second Pride
parade underway
LGBT
Pride film shows what it’s like to live with prejudice and ignorance in
Swaziland
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