Criminalizing Homosexuality in Africa

By: Eric C. Sigmund
Impunity Watch Reporter, Africa

Two Malawian homosexuals pardoned after international pressure demanding their release
Two Malawian homosexuals pardoned after international pressure demanding their release. (Photo Courtesy of the Guardian)

KAMPALA, Uganda- The sentencing and subsequent pardoning of Steven Monjeza and Tiwonge Chimbalanga, two homosexual Malawian men, has spurred renewed criticism of the social policies of many African nations. The men were arrested in Malawi for being homosexual (homosexuality is against the law in Malawi) and were sentenced to 14 years in prison. The two men were pardoned by Malawian President Bingu wa Mutharikal only after numerous countries and international organizations threatened to end their aid and financial support to Malawi.

The two men’s recent experiences reveal the stark reality of the severe social and religious condemnation of homosexuals in Africa.  Although pro-gay rights activists have made substantial progress in the last few decades in their fight against the discrimination and stigmatization of homosexuals around the world, last week’s detention of Mr. Monjeza and Mr. Chimbalanga illustrate the difficult fight activists have ahead of them in Africa.

The international community’s strong condemnation of the detention of the two men was an optimistic sign that progress may be possible.   The carrot and stick maneuvering employed by many international organizations threatening to withdrawal aid worked to free the men, but can such tactics be used to create social change?   The arrests in Malawi have only seemed to fuel the ambitions of other African nations in their attempts to criminalize homosexuality.

Members of the Ugandan Parliament are currently working to pass a bill which would mandate more severe punishment for violations of the country’s anti-homosexuality laws.  In fact, this bill would allow courts to sentence violators to death.  These laws not only apply to individuals whose sexual preference is for a person of the same sex but also to those who have AIDS, as well as gay rights supporters and sympathizers.  Anyone who encourages or participates in “LGBT behavior” is subject to these laws.

Ugandan President Yoweri Kaguta Museveni, a staunch supporter of his country’s renewed efforts against homosexuals, contends that homosexuality is not a part of African culture.   Instead, President Museveni argues that homosexuality is a symptom of Western culture which has the power to destroy nations.  Mr. Museveni has also received strong backing from the African Church, as many religious figures have called for initiatives to strengthen the morals of the African people.  Some American evangelicals have also recently traveled to Uganda to voice their support for the bill.  These calls for stricter anti-homosexual laws have caused may, including members of the Church of Uganda who support gay rights, to flee the country.

Human rights organizations warn that bills like the one being debated in the Ugandan Parliament impedes the success of international health initiatives.  These organizations contend that the stigmatization associated with homosexuality hampers AIDs education and treatment programs.  Activists continue to worry that anti-homosexual legislation will contribute to the AIDs crisis in Africa.

Despite the movement among Ugandans favoring anti-homosexual legislation, one organization predicts that the bill will not pass due to intense international pressure.   United States Secretary of State Hillary Clinton condemned the bill but failed to announce any repercussions against the government should the bill pass.  Other countries and international organizations however, are taking a more direct approach.  Sweden has vowed to withdrawal the $50 million in annual aid to Uganda.  The European Parliament has also threatened to withdrawal aid.  In all, Uganda is faced with the threat of losing roughly a third of its national budget if it passes the bill.

Uganda has also asked numerous countries to extradite Ugandan asylum seekers in order to prosecute them.  Many Ugandan homosexuals have fled to European countries, particularly Britain.  In response to Uganda’s demand for the return of asylum seekers however, the British government has taken a firm stance against extraditing homosexuals who have fled Uganda.   The British government announced that it would not extradite any Ugandan for breaking Ugandan law unless the crime was also a violation of British law.   Since homosexuality is not a crime in Britain, it seems that these individuals are safe for the time being.

As debate on this bill comes to a close it is likely that the international community will continue to pinch Uganda in the hopes of persuading enough law makers to vote against the bill.  Even if the bill does not pass, homosexuality will still remain a punishable crime in Uganda.  At the very least these last few weeks have shown that discrimination against homosexuals is deeply rooted in African social and cultural attitudes.  Although failure of this bill may not be considered a “win” among gay rights activists, the international community’s commitment to fight this bill shows that there is still hope for progress.

For more information, please see:

San Francisco Chronicle – Christians Blamed for Anti-Gay Hatred in Uganda – 9 June, 2010

BBC Monitoring Africa – Convicted Malawi Gay Man Reportedly Rejects Asylum Offers Abroad, Marries Woman – 8 June, 2010

Episcopal-Life – Ugandan Bishop Says ‘Human Sexuality is Universal’ – 8 June, 2010

Africa News – UK to Protect Gay Asylum Seekers – 5 June, 2010

Africa News – Museveni Opposed to Homosexuality – 4 June 2010

Africa News – Anti-Gay Legislation Could Ruin Health Efforts – Activists – 2 June, 2010

Author: Impunity Watch Archive