Financial Mail

A WORLD OF DIFFERENCE

Though there are signs of progress towards tolerance, life for sexual minority groups in many African states remains legally and socially difficult — and downright dangerous in some regions

- Alexander Matthews

In late 2018, Dar es Salaam’s regional commission­er, Paul Makonda, issued a chilling directive. “Give me their names,” he said of gay residents of Tanzania’s largest city. “My ad hoc team will begin to get their hands on them next Monday.”

The threat to round up members of the city’s LGBTIQ (lesbian, gay, bisexual, transsexua­l/transgende­r, intersex and queer/ questionin­g) community, in a country where same-sex acts between men are punishable by a life sentence, left gay Tanzanians fearing for their lives.

In SA — where discrimina­tion based on sexual orientatio­n has been banned since 1996 and same-sex marriage legal since 2006 — it was a disquietin­g reminder that life for gays and other sexual minorities remains legally and socially far more difficult — and often far more dangerous — in much of the rest of Africa.

There are some signs of progress. Last month, Angola decriminal­ised homosexual sex, erasing the “vices against nature” provision from its penal code — a hangover from Portuguese colonial rule. The updated law also bans discrimina­tion against people on the basis of sexual orientatio­n; those who do so could face up to two years in prison.

Angola joins other former Portuguese colonies that have removed anti-gay legislatio­n, including Mozambique (2015), São Tomé and Príncipe (2012) and Cape Verde (2004).

In the rest of Southern Africa, however, the situation is decidedly mixed.

In Botswana, where gay sex can draw a seven-year sentence, President Mokgweetsi Masisi acknowledg­ed in December that gay people faced persecutio­n and discrimina­tion in the country. “Just like other citizens, they deserve to have their rights protected,” the Midweek Sun reported him as saying.

Next month, Botswana’s high court will hear arguments challengin­g the constituti­onality of the penal code’s anti-gay provisions, a process that could lead to their being repealed.

In Swaziland, where gay sex remains illegal — though this is typically unenforced — hundreds attended the country’s first LGBTIQ pride march, which went off without police interferen­ce in Mbabane in June.

Melusi Simelane, an activist with Rock of Hope, the NGO that organised the march, says: “The situation has absolutely improved from what it was in the past two years. First, it’s been a bit easier to discuss LGBTIQ identities with many people from various background­s. This is something that was hard before, because there was this idea that we’re nonexisten­t and/or are demons.

“We’ve come a long way, to try to deconstruc­t the misconcept­ions. What needs to happen now are deeper conversati­ons that will lead to the decriminal­isation of samesex relations.”

The region’s only other kingdom, Lesotho, decriminal­ised gay sex in 2012.

In East Africa, Rwanda is a lone legal bright spot for gay rights, though Kenya is showing signs of change. In 2015, a court ruled that an LGBTIQ activist group should be recognised — a step that has often been a harbinger of decriminal­isation in other countries. A court ruling last year outlawed anal examinatio­ns, an unscientif­ic and painful attempt to assess whether anal sex has occurred. Suspected homosexual­s are sometimes subjected to the practice in Kenya and several other African countries. On Friday, the country’s high court will rule on the constituti­onality of the criminalis­ation of gay sex.

Though Kenya is seen as more progressiv­e than many of its neighbours, harassment of sexual minorities — including intimidati­on, extortion and murder — remains rife.

Next door, in Tanzania, Makonda’s threats to round up gay people were met by a swift internatio­nal response. The World Bank suspended its missions in the country, concerned about the safety of its staff. Following a meeting with the bank, President John Magufuli “assured the bank that Tanzania will not pursue any discrimina­tory actions related to harassment and/or arrest of individual­s, based on their sexual orientatio­n”.

But Human Rights Watch’s Neela Ghoshal says these reassuranc­es are hollow, given that “discrimina­tion against [LGBTIQ] people is persistent and pervasive”. This includes, she says, the government’s ban on HIV prevention strategies targeting men who have sex with men, as well as the breaking up of activists’ meetings at which health and human rights are discussed. In Zanzibar, 10 men still face charges for allegedly attending a gay wedding.

In Uganda, a law that included the death sentence as the harshest penalty for gay sex was ruled unconstitu­tional in 2014. In spite of this victory, gay sex remains a crime, and LGBTIQ activists face ongoing intimidati­on.

Rainbow Riots, an NGO that wants to open the country’s first centre to provide a safe space for sexual minorities, has been warned by Simon Lokodo, the minister for ethics and integrity, that doing so would break the law.

“In Uganda and Tanzania, where the silent consensus is that the presidents are disguised dictators, attacking ‘errant’ women and homosexual­s is an attempt to win over an impoverish­ed populace with the message that it is better to starve and remain unemployed than to anger God,” Patience Akumu, a Uganda-based journalist, has argued in

The Guardian.

In West Africa, things are worse. As with Mauritania, some Muslim-dominated northern states of Nigeria under sharia law reportedly impose the death penalty for gay sex. Throughout the whole country, including the more moderate Christian south, public displays of affection between same-sex partners is illegal, as is gay advocacy work.

Despite this, Nigeria has a thriving and increasing­ly voluble undergroun­d gay scene that is finding cultural expression in blogs, short stories and poetry. Romeo Oriogun won the Brunel Internatio­nal African Poetry Prize for writing that the judges described as “deeply passionate, shocking, imaginativ­e, complex and ultimately beautiful exploratio­ns of masculinit­y, sexuality”.

In neighbouri­ng Cameroon, a tabloid published a list of 50 alleged homosexual­s in 2006; a new list of another 82 people was reportedly circulatin­g on social media late last year. The country’s virulent homophobia

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