A representative of the
Swaziland (eSwatini) Government told the kingdom’s High Court LGBTI people were
‘unnatural’ and their campaign group was unlawful.
Siboniso Nkambule, Principal
Secretary in the Ministry of Commerce, Industry and Trade, was opposing an
application from the Eswatini Sexual and Gender Minorities (ESGM) group to be
officially registered.
The Registrar of Companies had
previously refused to register the association so that it could operate legally
in the kingdom. ESGM has a number of objectives including
to advance the protection of the rights of LGBTI people in Swaziland and reduce
harm that affect their wellbeing based upon sexual orientation and gender
identity.
Nkambule told the court, ‘May
I state that every other sexual action other than what is in the order of
nature, capable of producing offsprings is unnatural and, therefore, prohibited
in terms of our laws.’
The Times of eSwatini reported Nkambule
said in an affidavit, ‘The actions of Eswatini Sexual and Gender Minorities
constitute unnatural action which ought to be stopped in our society for
purposes of our young generations as well as the public interest.’
The matter is still pending
in court.
Discrimination against
LGBTI (lesbian, gay, bisexual, transgender, intersex) people in Swaziland is
widespread but in recent years they have become more visible and vocal. The first ever Pride march
took place in 2018.
Melusi Simelane, Founder and Executive Director of
ESGM, writing
in a report on LGBTI experiences in Swaziland said LGBTI identities were
not criminalised in Swaziland but colonial laws that included the crime of
sodomy still existed. He said this suggested homosexuality was ‘simply about a
sexual act rather than a broader issue of love and respect’.
He added the outdated laws violated constitutional
rights. He said despite the law the state did not prosecute consenting adults.
A report published in 2019 written by two academics and the Southern and East African Research Collective on Health found evidence of serious human rights violations against Swazi people who were LGBTI. The report concluded they suffered ‘social exclusion, marginalisation and stigma’ because they were seen as being different from the rest of the population.
A report published in 2019 written by two academics and the Southern and East African Research Collective on Health found evidence of serious human rights violations against Swazi people who were LGBTI. The report concluded they suffered ‘social exclusion, marginalisation and stigma’ because they were seen as being different from the rest of the population.
This, the report said, ‘has a negative impact on the
mental health and wellbeing of people who identify as lesbian, gay, bisexual,
transgender or intersex’.
Swaziland is a deeply conservative kingdom ruled by
the absolute monarch King Mswati III. The King has in the past described homosexuality
as ‘satanic’ In May 2016 four
organisations jointly
reported to the United Nations about LGBTI discrimination in Swaziland.
Part of their report stated, ‘LGBT[I]s 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 LGBT[I]s as against Swazi
tradition and religion. There have been several incidents where traditionalists
and religious leaders have issued negative statements about lesbians.’
See also
LGBTI
discrimination in Swaziland leads to big mental health issues, report finds
LGBT
Pride film shows what it’s like to live with prejudice and ignorance in
Swaziland
LGBTI
Pride gets global attention
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