Focus On The Rainbow

With Uganda, and now recently Rwanda being in the news in regards to attitude and “laws” towards the LGBT community, I thought I would take a look at the African Continent and the intolerance towards homosexuality.

While this article does not purport to be an all inclusive assessment on the subject, I believe it will offer a capsulized look at the struggle of LGBTs, often with life and death consequences. And while there are some “progressive” African nations, such as South Africa, the overwhelming majority are nations where LGBTs have little to no rights or freedom to be gay or lesbian, and indeed can face severe consequences if arrested and convicted.

To start as a “foundation” I looked up on Wikipedia the topic “LGBT rights in Africa“. As a journalist I realize Wkipedia can’t always be considered 100% reliable in the information found there, but for the purpose of a starting base I will use it nonetheless as a point of reference as well as ”legitimate” sources.

First, as many readers know, Uganda is considering what many worldwide have condemned (even though there are still countries who have been less than loud in their condemnation including the United States), a proposed law which could convict and execute gays and lesbians for acts of homosexuality.

After some global condemnation, Ugandan MP David Bahati who proposed the bill for the execution of gays and lesbians, claims he has been misrepresented and the media had distorted the facts of his proposal.

David Bahati says the new offence of “aggravated homosexuality” is a penalty against “defilement” of under-18s.

“There has been a distortion in the media that we are providing death for gays. That is not true,” he said.

“When a homosexual defiles a kid of less than 18 years old, we are providing a penalty for this.”

Bahati has also been quoted as saying “We are not after the sinners, we love them … we are after the sin” (source – BBC)

Rwanda is considering a bill which would make homosexuality a crime (on the Wikipedia site currently it shows the status of homosexual acts as “legal” Rwanda).

Over thirty countries listed at Wikipedia make homosexual acts a crime. That’s more than 50% of the countries listed.

Interestingly in some of the listed African countries, female homosexual acts are not considered illegal.

The countries of Mauritania, Somalia, Nigeria (Sharia areas) the Central African Republic and Sudan exercise the death penalty. Uganda and Tanzania currently have life imprisonment sentences, with Tanzania having mandatory life sentence for those convicted of homosexual acts.

Peter Tatchell, Human and LGBT Rights advocate, and supporter of Focus On The Rainbow and its mission, wrote in an article titled “The New Dark Ages” in 1995, Lesbians and gay men living in countries dominated by the New Dark Ages of Islamic fundamentalism cannot afford the liberal luxury of tolerating religious fanaticism. For them, the politically correct arguments about ‘cultural sensitivity’ smack of surrender to the extremists who jeopardise their freedom – and their lives.

The fervour of this modern Muslim extremism echoes the zealotry of the original Dark Ages in mediæval Europe, when Christian fundamentalists excommunicated philosophers and scientists as heretics, tortured non-believers, drowned women as witches, and burned sodomites at the stake.

Mauritania is one of the countries he discussed in the article whose death penalty is public stoning. There is still a travel advisory in effect for Mauritania.

In 2008, Gambian President Yahya Jammeh said he would “cut off the head” of any homosexual in his country.

Jammeh also ordered any hotel or motel housing homosexuals to close down, adding that owners of such facilities would also be in trouble.

He warned all homosexuals in the country to leave, noting that a legislation “stricter than those in Iran ” concerning the vice would be introduced soon. (source – AFRIK.com)

Not too long after Jammeh made that statement, two Spanish men were arrested and detained on suspicion of being homosexual.

According to the sources, the Spanish (Pere Joan, 56 and Juan Monpserrat rusa, 54) contacted two taxi drivers and asked to be taken to where they can meet with homosexuals, saying they were willing to pay any amount, which the drivers agreed.

The sources further said the drivers asked the Spanish to wait, that they were going to search for homosexuals.

When they left, the men changed their minds and decided to contact the police at the Kotu Police Station, who arrested the Spanish. (source – AFRIKA.com)

This past May, Archbishop Zacchaeus Okoth of Kisumu, who is also the chairman of the Catholic Justice and Peace Commission, said, “For the African, gender is either male or female; other issues such as homosexuality should not arise.” - (source – allAfrica.com)

Rt. Rev. Dr. David Zac Niringiye, assistant bishop of Kampala in the Church of Uganda in an article posted yesterday at the website of Christianity Today said, “Ambassadors or religious leaders serve us best by not going public, by simply relating to their individual relationships,” Niringiye says. “If they have none, they have no legitimacy to speak. They should just be silent.”

In other words, regardless of your Spirituality, be quiet and stay out of our affairs.

To get an even better look at Africa and homosexuality, I’m using the travel advisory website of the Australian government which offers the following advice in regards to “homosexual conduct” in some African countries.

Sudan – Homosexual practices are illegal and subject to severe penalties.

Uganda – Homosexual acts are illegal.

Sierra Leone – Homosexual acts are illegal.

Lesotho – Homosexual acts are illegal.

Madagascar – Homosexual acts are illegal and punishable by fine or imprisonment.

Tanzania – Homosexual acts are illegal in Tanzania (including Zanzibar). Penalties range from 30 years to life imprisonment.

Somolia – Homosexual activity is illegal.

Nigeria – Homosexual acts are illegal and penalties include imprisonment for up to 14 years.

Angola – Consensual homosexual acts between adults are not illegal although they are not considered socially acceptable.

Botswana – Homosexual acts are illegal and penalties include imprisonment.

Swaziland - Consensual homosexual acts between adults are not illegal, although the local community is generally intolerant of same sex relationships.

Nambia – Homosexual activity is illegal.

Mozambique – Homosexual activity is illegal.

Tunisia – Homosexual acts are illegal and are punishable by three years imprisonment.

Algeria – Homosexual acts are illegal and penalties include imprisonment.

Kenya – Homosexual acts are illegal.

Cameroon – Homosexual acts are illegal and penalties include prison sentences.

Niger – Homosexual acts are illegal.

Ethiopia – Homosexual behavior is illegal and penalties include imprisonment.

Morocco – Homosexual acts are illegal and penalties include imprisonment.

Central African Republic – Homosexual acts between adults (of either sex) are illegal and penalties include the death sentence.

Zambia – Homosexual acts are illegal and penalties include imprisonment.

Libya – Homosexual acts are illegal and punishments include a minimum three years imprisonment.

Liberia – Homosexual acts are illegal.

Senegal – Homosexual acts are illegal and penalties include imprisonment.

Burundi – Homosexual acts are illegal.

Cote d’Ivoire – Homosexuality is not a crime and is generally tolerated. However, if a formal complaint is made to the police, charges may be laid on the basis of solicitation, being a public nuisance or “behaving contrary to accepted standards of behavior”.

Ghana – Homosexual acts are illegal and attract a minimum sentence of 7 years in prison.

Egypt - Under Muslim custom homosexuality is considered immoral. Penalties for immorality include imprisonment.

Mali - Homosexual activity is not explicitly illegal but may be considered ‘contrary to accepted standards of behaviour’, which is a criminal offence subject to a prison term of up to two years.

Burundi – Homosexual acts are illegal.

Malawi – Homosexuality is illegal, and the local community is generally intolerant of same sex relationships.

Zimbabwe – The act of sodomy is illegal and is punishable by up to one year’s imprisonment and/or a fine. Juvenile male offenders may be subject to corporal punishment.

Swaziland – Consensual homosexual acts between adults are not illegal, although the local community is generally intolerant of same sex relationships.

However bleak the continent of Africa looks for LGBTs and their rights, on November 14, 2007 the first shimmer of light and hope shined in South Africa when it became the first African nation to legalize same-sex marriage.

The international campaign for equal rights for homosexuals and other sexual minorities took a step forward on 14 November when South Africa became the first country in Africa, and the fifth in the world, to legalize same-sex marriage. “This country cannot continue to be a prisoner of the backward, time-worn prejudices which have no basis,” declared ruling African National Congress parliamentarian and Defence Minister Mosiuoa Lekota in urging passage. “Culture is not static.” (source – Africa Renewal)

The Rwandan bill, or article as it is called, Article 217, which has been discussed much this week, could be voted on today according to Voice of America.com.

UPDATE – SATURDAY 12/19/09 – 2:00 AM (ET)

The NewTimes newspaper in Rwanda is reporting today in an article written by Edwin Musoni, The Minister of Justice Tharcisse Karugarama has condemned and refuted reports that government intends to criminalize homosexual acts saying that sexual orientation is a private matter not a state business.

His reaction comes after international organizations, including rights groups and gay communities across the world raised an alarm in several reports accusing the government of trying to consider a law against homosexuality.

“The government I serve and speak for on certain issues cannot and will not in any way criminalize homosexuality; sexual orientation is a private matter and each individual has his or her own orientation – - this is not a State matter at all,” said Karugarama.

The International Gay and Lesbian Human Rights Commission, the Coalition of African Lesbians (CAL), and Rwanda’s Horizon Community Association (HOCA), recently issued statements demanding that the Rwandan Parliament withdraws article 217 of the penal code regarding homosexuality.

The Minister accused the ‘groups for either acting in total ignorance or intentionally presenting wrong facts for their own political motives.’

“They allege that the law was to be passed in Parliament on December 16, but sincerely there was nothing like that in the parliament that day.” 

He clearly stated that; “these people should distinguish between issues debated by private parties and concrete proposals from the government.”

He hastened to add that the government has held a meeting with its development partners on this particular issue and told them their position ‘which is that the government has no intentions whatsoever to criminalize homosexuality.

GAMBIA AS HOMOPHOBIC AS U.S. WHEN IT COMES TO THE MILITARY

GAMBIA – 09 December 2009: Gambia’s President Yahya Jammeh says he will sack gay and lesbian army officers serving the country’s military. The President who was addressing the newly promoted army chiefs, said lesbianism is a “ taboo” in the army, and therefore warned  soldiers to desist from such practices, which he describes  as “evil” and ungodly.

“We will not encourage lesbianism and homosexuality in the military. It is a taboo in our armed forces. I will sack any soldier suspected of being a gay, or lesbian in The Gambia. We need no gays in our armed forces,” Jammeh said.

The Gambian leader, who recently threatened to behead gays in the West African country, said soldiers whose sexual orientation is gay should contemplate leaving the army, as his Government have zero tolerance for gays. The President advised the army chiefs to monitor the activities of their men, and deal with soldiers bent on practicing lesbianism in the military

Source – Freedomnewspaper.com via Behind The Mask

10,000 SIGNATURES TO DECRIMINALIZE HOMOSEXUALITY IN CAMEROON

CAMEROON – 02 December 2009: Cameroonian gay rights groups are optimistic that human rights of gays and lesbians could see a positive light, should President Paul Biya consider about 10 000 signatures inked in a petition calling for decriminalisation of homosexuality in that country.

The Petition, said to have received a lot of support from journalists, politicians and civil society, will be handed to Biya for perusal on 10 December, during the 61st anniversary of the Universal Declaration of Human Rights.

Prodhop and Alternatives Cameroon, human rights organisations in Cameroon say some journalists supported the petition by accepting to be in their discussion panel during the press conference, by reporting fairly and by committing to support all future initiatives by these organisations.

“Some politicians and personalities such as lawyers and members of civil society also welcomed and supported our action by signing the petition”, Maximilienne Ngo Mbe, General Secretary of Prodhop said.

The two organisations say they also received “a significant support” of Jacques Do Bell of the National Commission on Human Rights who indicated that “this disposition [anti-gay law] is unconstitutional and infringes all the international treaties and conventions signed by Cameroon that guarantee each citizen to fully exercise their rights, including the right to privacy.”

Source – Jerina Messie (BTM French Reporter) via Behind The Mask