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1. What Are Sexual Rights?

The World Health Organisation defines sexual rights as being rights that are "already recognised in national laws and international human rights documents" pertaining to access to sexual and reproductive health care services, respect for bodily integrity, sexual equity, the right to choose a partner, the right to be sexually active or not, the right to consensual sexual relations and the right to choose whether or not to have children. The exercise of these sexual rights can only be achieved in the absence of coercion, discrimination and violence.

The World Association of Sexology’s Declaration of Sexual Rights notes that:

There is no Constitutional protection for sexual rights in Zimbabwe. This leaves much room for the abuse of sexual rights, in particular as the right to choose a partner and to sexual equity.

Sexual Equity

The World Association of Sexology’s definition of sexual rights refers to sexual equity as " the freedom from all forms of discrimination regardless of sex, gender, sexual orientation, age, race, social class, religion, or physical and emotional disability." Section 23 of Zimbabwe’s Constitution guards against discrimination on the basis of "race, tribe, place of origin, political opinion, colour, creed or gender". Therefore Zimbabweans are exposed to discrimination on the basis of age, sex and sexual orientation. Discrimination founded on one’s age has not been commonplace in the country and steps are continuously being taken to eliminate discrimination because of one’s sex. However, prejudice against Zimbabwean citizens on the basis of their sexual orientation has been widely reported. Furthermore it has been constantly and consistently encouraged by the State.

There is no Act of Parliament or statute that makes homosexuality illegal. Homosexual acts between men are, however, criminalized under Common Law. According Common Law, which is unwritten law based on general custom, "sodomy" is unlawful. The Common Law definition of sodomy is "unlawful, unnatural and intentional sexual relations between two human males involving penetration of the anus". Sodomy is considered unlawful in Zimbabwe even if both parties are consenting adults and engage in homosexual acts in private. The UN Special Rapporteur on Extra Judicial, Summary, or Arbitrary Executions in its report for 1998 noted that "criminalizing matters of sexual orientation increases the social stigmatisation of members of sexual minorities, which in turn makes them more vulnerable to violence and human rights abuses."

International Obligations on Zimbabwe to Respect Sexual Equity

Article 26 of the International Covenant of Civil and Political Rights, which Zimbabwe ratified in 1991, affirms the equality of all people and states that:

"All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion…"

Thus Zimbabwe is bound by this international obligation. Although the Article does not make specific reference to sexual orientation, in 1994 the United Nations Human Rights Committee, ruling in a case brought by an Australian against a law criminalizing consensual sex between adult men in the state of Tasmania, Australia, found that such laws violate the right to privacy and to freedom from discrimination. The judgement also noted that the reference to "sex" in the non-discrimination clauses of the International Covenant on Civil and Political Rights (Articles 2(1) and 26) should be taken as including "sexual orientation". This means that, the rights set out in the International Covenant on Civil and Political Rights cannot be denied to any individual because of their sexual orientation.

The United Nations Human Rights Committee’s comments on Zimbabwe’s 1998 State Party Report regarding how it has implemented of the International Covenant on Civil and Political Rights, included concern that "homosexuals are subjected to discrimination" in Zimbabwe. In order to comply with its international obligations, the Committee recommended that "legislation [enabling discrimination] be brought into conformity with the Covenant." Zimbabwe is yet to amend its Constitution or put in place laws that safeguard the rights of homosexual persons or protect them from discrimination.

Discrimination on the Basis of Sexual Orientation and Encouragement of Homophobia by the State

The International Gay and Lesbian Human Rights Commission defines sexual orientation as referring to the sex of the person to whom an individual directs their emotional and sexual desires. Therefore sexual orientation "describes whether a person is primarily attracted to people of the same or opposite sex or both." A homosexual is subsequently defined as "a person attracted primarily to people of the same sex." A heterosexual is defined as a "person attracted primarily to people of the opposite sex." Whether a person is a heterosexual or a homosexual they are entitled to all recognised human rights simply because they are human beings. It is not possible to decide which rights will be accorded to which people, because human rights are inter-related, indivisible and universal.

Homophobia is a hatred or a fear of homosexuals. Sodomy laws in Zimbabwe have been reinforced by state-supported homophobia to further the discrimination against homosexual persons. Utterances by public officials have in the past incited harassment against homosexual persons and denial of their rights to sexual equity. Following his speech at the opening of the 1995 Zimbabwe International Book Fair, President Robert Mugabe is reported to have stated that he believed homosexuals had "no rights at all." In a country where there is the absence of laws that protect the rights of homosexual persons this sets the tone for general abuse of the rights of homosexuals. The Gays and Lesbians of Zimbabwe (GALZ) were banned from exhibiting at the 1995 and 1996 National Book Fairs.

At the Heroes Day celebrations of 1996, the President described homosexual persons as ‘worse than dogs and pigs’ and stated that he would not allow "sub-animal behaviour" in Zimbabwe. He encouraged Zimbabwean citizens to arrest and hand over to the police anyone seen "parading themselves as lesbians and gays." In 1998, during a condolence speech at the home of Charles Chikerema, former editor of the state-owned Herald newspaper, President Mugabe condemned homosexuals and stated that ‘animals in the jungle are better than these people because at least they know that this is a man or a woman’. The Head of State is guilty of engendering public fear and or contempt of homosexuals where it did not exist, and certainly increasing and reinforcing it where such sentiments are already held. It is hoped that in future the President of the country will refrain from engendering homophobia in the Zimbabwean population and fostering discrimination as a consequence.

Violation of the Right to Freedom of Association

While the Zimbabwean Constitution, s21, guarantees the rights of individuals to "assemble freely and associate with other persons and in particular form or belong to political parties or trade unions or other associations for the protection of his interests." This right may be limited, however on the basis of "public morality". Public morality is left undefined and thus is left open to interpretation by the country’s courts. Interpretation of laws is not the responsibility of Government, but of the courts. There have been no decisions made by Zimbabwean courts that deem illegal the formation of associations by homosexual or bisexual persons to protect their interests. However the President stated at a campaign rally prior to the Presidential Election of March 2002 that Zimbabwe would not allow homosexuals to form associations, a position in clear violation of the Constitution. He was quoted as saying "we can form clubs, but we will never have homosexual clubs. In fact, we will punish them."

The Gays and Lesbians of Zimbabwe (GALZ), the only Association for the protection of Lesbian, Gay, Bisexual and Transgendered (LGBT) interests in Zimbabwe, has been denounced by the President and has been the subject of attacks by the police. GALZ has also been banned from advertising in the public media. As a result GALZ is unable to provide information and assistance to LGBT persons in Zimbabwe that may be in need of it.

New Attitudes and New Laws

Any Constitutional reform in Zimbabwe in the future should put in place clauses that protect people from discrimination on the basis of sex and sexual orientation. Following this, Parliament must enact laws that facilitate the realisation of equal rights for all citizens. It is worth noting that South Africa, a neighbouring country to Zimbabwe, has recognised the rights of homosexual persons and provided specific protections against discrimination on the basis of sexual orientation in its Constitution.

People do not need to wait for new laws to be put in place before changing their attitudes. It may take time to reverse the consolidation of prejudices that has occurred over time, however, it is important that Zimbabwean citizens begin to realise that all human beings are entitled to all human rights regardless of their sexual orientation. As Anglican Archbishop of Cape Town, Desmond Tutu has noted, there is no justification in a democratic society for "denying gay and lesbian people their basic human rights and reducing them to social outcasts and criminals." It is vital that Zimbabweans recognise that for someone to be different does not mean that they should be hated or feared. It is not necessary to make a decision as to whether these differences are right or wrong. What is important is to acknowledge, accept and tolerate the existence of these differences and to end discrimination because of them.

2. Political Human Rights Violations – January 2004

Alexander Chigega was reportedly killed in Shamva constituency (MASHONALAND CENTRAL PROVINCE) on 4 January 2004. Violence broke out in Shamva where several MDC supporters were allegedly beaten by ZANU PF youths on the basis of their political affiliation to the MDC. 30 ZANU PF youths reportedly arrived at Chigega’s home and called him out and threatened to burn the house. They then attacked Chigega with stones, dragged him out of the house, and then beat him on the back with logs. Chigega died on the way to the hospital as he was being ferried there by a relative. Chigega’s wife identified Ogi Munetsi, Milton Kande, Harrison Zuze, Munyaradzi Chigega, Never Chigega and Mrs. Mishamiviri, all from their village, as being amongst the perpetrators. There have reportedly been no arrests to date.

In Gutu North, Crispa Musoni, the MDC candidate for the constituency, alleged that he was unable to conduct a campaign without hindrance. Musoni was reportedly denied police clearance to hold rallies and alleged that those who were associated with his campaign were subsequently tracked down for purposes of retribution. In contrast the ruling party, ZANU PF, candidate was reportedly able to campaign without interference throughout Gutu North. The Human Rights Forum notes with concern the failure by the responsible authorities to ensure that an equal playing field is accorded to all candidates in elections in Zimbabwe and urges them to take corrective action in the future.

NB: We apologise for the non-production of the Human Rights Monthly from September to December 2003. Monthly publication resumes with this issue.

4. Zimbabwe Human Rights NGO Forum Member Focus:

The Zimbabwe Human Rights NGO Forum is a coalition of 17 Non-Governmental Organisations in Zimbabwe working towards the elimination of organised violence in Zimbabwe. The Human Rights Monthly carries a brief narrative on the activities of one of its members in each issue to help readers understand the activities of the coalition and the services offered by each member NGO. This month we feature the Gays and Lesbians of Zimbabwe.

The Gays and Lesbians of Zimbabwe (GALZ) started in 1990 as an association providing services to the lesbian, gay, bisexual and transgender (LGBT) community in Zimbabwe. In the first four years, GALZ provided an HIV and AIDS programme, a counselling service and legal support to its members and began a political lobbying campaign for the normalisation of LGBT people in Zimbabwean society.

The principle objective of GALZ is to build a democratic and accountable organisation and to strive for the attainment of full, equal rights and the removal of all forms of discrimination in all aspects of life for gay men, lesbians and bisexual people in Zimbabwe and to inform, educate, counsel and support people in matters relative to their health and well being.

Towards the end of 1994, GALZ was banned from national radio and television and shortly after, the state-controlled press began a smear campaign against lesbian and gay people. GALZ found itself silenced, unable to advertise its services to the broader community whilst, at the same time, coming under sustained attack by Government. In an attempt to reach out, the association entered the 1995 Zimbabwe International Book Fair which had human rights and justice as its theme that year. The Government banned GALZ from exhibiting at the fair. Far from being threatened into submission, the Association stood its ground and in 1996 applied to participate in the next National Book Fair. When Government once more tried to ban GALZ from appearing, the Association took the Ministry of Home Affairs to court and won its right to appear.

Since then, GALZ has grown enormously in strength and size and has become a leading light in the struggle for human rights and justice in Zimbabwe. The Association has participated in both the Government Constitutional Commission and the National Constitutional Assembly lobbying for constitutional protection on the grounds of sexual orientation.

The current objectives of GALZ include encouraging civil, social, economic, educational, sporting, political and other related opportunities and activities for gay men and lesbians free from discrimination. We endeavour to promote awareness of issues which affect gay and lesbian communities and to establish, maintain and administer in a democratic collective and accountable manner, a Gay and Lesbian Community Centre which will provide a venue for social, recreational, educational and other related activities.

Today, from its premises in Milton Park, GALZ continues to provide vital services to its national membership and is doing everything it can to improve the quality of life for LGBT people in Zimbabwe. Our contact details are as follows: Physical Address: 35 Colenbrander Road; Postal Address:  P. Bag A6131 Milton Park, Avondale, Harare; Tel (04) 741736; Tel/Fax: (04) 740614 email: info@galz.co.zw