South African Cabinet Condemns "Corrective Rape"

Government Seal

In the most high-level government statement to date, the South African Cabinet has condemned the epidemic of 'corrective rapes' of lesbian women. The message was released at a press conference on Tuesday by government spokesperson Jimmy Manyi after the cabinet meeting.

From News 24:

Cabinet has condemned the practice of "corrective rape" of lesbian women and wants perpetrators prosecuted, government spokesperson Jimmy Manyi said on Thursday.

"Cabinet condemns the senseless and brutal acts of criminality that have been coined 'corrective rape'," he said at a briefing on Cabinet's regular fortnightly meeting.

"Perpetrators who are found guilty will be met with the full might of the law."

Manyi said ministers had received the assurance of the police and justice departments that they would "work very hard" to deal with all violence against women.

He said communities were co-operating with the authorities by reporting cases.

"Society as a whole has been intolerant of these kinds of activities, and they keep getting reported, so I think in partnership with the community at large, police will win (the fight against) this 'corrective rape' scourge."

The Department of Justice task force began work in October to combat violent hate crimes against LGBTI South Africans and includes six people representing the judiciary, police and department of social development and six representatives from the LGBTI community.

Mixed News for LGBTI Persons from Commonwealth Heads of Government Meeting (CHOGM)

CHOGM Leaders

While the Commonwealth Heads of Government Meeting (CHOGM) in Australia included no commitment to oppose homophobic persecution and to protect the human rights of LGBTI persons, Commonwealth of Nations Secretary General Kamalesh Sharma did speak out against homophobic persecution. In addition, the Commonwealth Ministerial Action Group (CMAG) will be empowered to deal with serious or persistent human rights violations by member states, which could include action against countries that perpetrate homophobic persecution.

From Peter Tachell's website:

“The Commonwealth Heads of Government Meeting (CHOGM) in Perth, Australia, was mixed bag from an LGBTI perspective. On the positive side, Kamalesh Sharma became the first Secretary General to speak out against homophobic persecution at a CHOGM event, the ngo Commonwealth People’s Forum. However, there was no agreement on the decriminalisation of homosexuality by the assembled government leaders,” noted Peter Tatchell, Director of the Peter Tatchell Foundation, who worked with Commonwealth, LGBTI and HIV/AIDS groups to lobby CHOGM.

“Huge thanks to the many Commonwealth, LGBTI and HIV/AIDS organisations that lobbied CHOGM and the Commonwealth People’s Forum. Our collective efforts raised massively the profile of LGBTI rights. Although not on the official agenda of the heads of government, demands for the decriminalisation of homosexuality were a major backdrop to CHOGM. The petition and email blitz put the Secretary General and Commonwealth governments under unprecedented pressure to respect the human rights of LGBTI people.

“The Secretary General heard our message loud and clear. He stood with us, taking a lead by affirming that homophobic criminalisation and discrimination are incompatible with Commonwealth values. No Secretary General had ever said this at CHOGM. Our hope is that he will continue to give a lead by opposing sexual orientation discrimination and by urging homophobic countries to abide by the Commonwealth’s human rights values.

“More than 40 of the 54 Commonwealth member states still criminalise same-sex relations, with penalties including 25 years jail in Trinidad and Tobago and 20 years plus flogging in Malaysia. Six Commonwealth countries stipulate life imprisonment: Sierra Leone, Tanzania, Pakistan, Uganda, Bangladesh and Guyana.

“At CHOGM, there was no condemnation of Uganda’s revived anti-gay bill which carries the death penalty for repeat homosexual offenders and no condemnation of Nigeria’s bill that outlaws same-sex marriage with three years jail for participants and five years jail for those who witness, aid or abet a same-sex marriage.

“The CHOGM 2011 Final Communiqué included no commitment to oppose homophobic persecution and to protect the human rights of LGBTI people, despite widespread sexual orientation and gender identity abuses by most Commonwealth nations.

Read the Final Communiqué here: http://www.thecommonwealth.org/news/34580/241632/301011communique.htm

“These failings contradict the Commonwealth’s professed fundamental values of human rights, equality and non-discrimination. They reflect a wider failure to tackle human rights abuses in many Commonwealth member states, including gender inequality, ethnic discrimination, detention without trial, torture, media censorship and state-sponsored executions.

“There were, however, some limited CHOGM agreements which could potentially lead to future progress on LGBTI rights; albeit very slowly and piecemeal.

"Commonwealth leaders agreed that the Commonwealth Ministerial Action Group (CMAG) will be empowered to deal with serious or persistent human rights violations by member states, which could include action against countries that perpetrate homophobic persecution.

“CMAG will, in effect, be the custodian of the 2009 Affirmation of Commonwealth Values and Principles which, the Secretary-General said in his speech at the Commonwealth People's Forum, 'includes a clear commitment to tolerance, respect and understanding. This means we embrace difference, and that includes sexual identity. Discrimination and criminalisation on grounds of sexual orientation is at odds with our values.'

"Commonwealth heads of government are committed to set up a task force to advise on the recommendations of the Eminent Persons Group. These recommendations include that member governments should take steps to encourage the repeal of discriminatory laws that impede effective responses to the HIV/AIDS pandemic, such as the criminalisation of same-sex relations. This task force offers some hope that that the EPG’s decriminalisation recommendation might be implemented eventually, at least in some Commonwealth countries. To make this happen, we need to sustain our lobbying and campaigning efforts,” concluded Mr Tatchell.

Speaking at the Commonwealth People’s Forum on 25 October 2011, the Secretary General, Kamalesh Sharma, said:

“We recall the 2009 Affirmation of Commonwealth Values and Principles, which includes a clear commitment to tolerance, respect and understanding. This means we embrace difference, and that includes sexual identity. Discrimination and criminalisation on grounds of sexual orientation is at odds with our values and I have had occasion to refer to this in the context of our law-related conferences.”

See Also:

• Voices Call for Decriminalisation of Homosexuality

LGBTI Activists Say No to UK Prime Minister David Cameron's Foreign Aid Threat

President John Atta Mills

 UPDATE: UK won’t force gay rights on Malawi, Africa, Nyasa Times

The leaders of a number of African nations rebuked recent comments by UK Prime Minister David Cameron about cutting foreign aid to Commonwealth countries that criminalise homosexuality. The rebukes came from the heads of East African nations and Ghana. LGBTI activists are also pushing back: "While the intention may well be to protect the rights of LGBTI people on the continent, the decision to cut aid disregards the role of the LGBTI and broader social justice movement on the continent and creates the real risk of a serious backlash against LGBTI people."

Statement of African social justice activists on the threats of the British government to “cut aid” to African countries that violate the rights of LGBTI people in Africa:

We, the undersigned African social justice activists, working to advance societies that affirm peoples’ differences, choice and agency throughout Africa, express the following concerns about the use of aid conditionality as an incentive for increasing the protection of the rights of LGBTI people on the continent.

It was widely reported, earlier this month, that the British Government has threatened to cut aid to governments of “countries that persecute homosexuals” unless they stop punishing people in same-sex relationships. These threats follow similar decisions that have been taken by a number of other donor countries against countries such as Uganda and Malawi.  While the intention may well be to protect the rights of LGBTI people on the continent, the decision to cut aid disregards the role of the LGBTI and broader social justice movement on the continent and creates the real risk of a serious backlash against LGBTI people.

A vibrant social justice movement within African civil society is working to ensure the visibility of - and enjoyment of rights by - LGBTI people. This movement is made up of people from all walks of life, both identifying and non-identifying as part of the LGBTI community. It has been working through a number of strategies to entrench LGBTI issues into broader civil society issues, to shift the same-sex sexuality discourse from the morality debate to a human rights debate, and to build relationships with governments for greater protection of LGBTI people. These objectives cannot be met when donor countries threaten to withhold aid.

The imposition of donor sanctions may be one way of seeking to improve the human rights situation in a country but does not, in and of itself, result in the improved protection of the rights of LGBTI people. Donor sanctions are by their nature coercive and reinforce the disproportionate power dynamics between donor countries and recipients. They are often based on assumptions about African sexualities and the needs of African LGBTI people. They disregard the agency of African civil society movements and political leadership. They also tend, as has been evidenced in Malawi, to exacerbate the environment of intolerance in which political leadership scapegoat LGBTI people for donor sanctions in an attempt to retain and reinforce national state sovereignty.

Further, the sanctions sustain the divide between the LGBTI and the broader civil society movement. In a context of general human rights violations, where women are almost as vulnerable as LGBTI people, or where health and food security are not guaranteed for anyone, singling out LGBTI issues emphasizes the idea that LGBTI rights are special rights and hierarchically more important than other rights. It also supports the commonly held notion that homosexuality is ‘unAfrican’ and a western-sponsored ‘idea’ and that countries like the UK will only act when ‘their interests’ have been threatened.

An effective response to the violations of the rights of LBGTI people has to be more nuanced than the mere imposition of donor sanctions. The history of colonialism and sexuality cannot be overlooked when seeking solutions to this issue. The colonial legacy of the British Empire in the form of laws that criminalize same-sex sex continues to serve as the legal foundation for the persecution of LGBTI people throughout the Commonwealth. In seeking solutions to the multi-faceted violations facing LGBTI people across Africa, old approaches and ways of engaging our continent have to be stopped. New ways of engaging that have the protection of human rights at their core have to recognize the importance of consulting the affected.

Furthermore, aid cuts also affect LGBTI people. Aid received from donor countries is often used to fund education, health and broader development. LGBTI people are part of the social fabric, and thus part of the population that benefit from the funding. A cut in aid will have an impact on everyone, and more so on the populations that are already vulnerable and whose access to health and other services are already limited, such as LGBTI people.,

To adequately address the human rights of LGBTI people in Africa, the undersigned social justice activists call on the British government to:

• Review its decision to cut aid to countries that do not protect LGBTI rights 
• Expand its aid to community based and lead LGBTI programmes aimed at fostering dialogue and tolerance. 
• Support national and regional human rights mechanisms to ensure the inclusiveness of LGBTI issues in their protective and promotional mandates. 
• Support the entrenchment of LGBTI issues into broader social justice issues through the financing of community lead and nationally owned projects

Contact Persons

Joel Gustave Nana, (French and English)
Executive Director
African Men for Sexual Health and Rights
Tel: +27735045420,
joel@amsher.net

Hakima Abbas
Executive Director
Fahamu
Email: Hakima@fahamu.org

Wanja Muguongo
UHAI- the East African Sexual Health and Rights Initiative
Tel: +254(020)2330050/ 8127535
wanja@uhai-eashri.org

Phumi Mtetwa
phumi10@hotmail.com
Sibongile Ndashe
sibongilendashe@gmail.com

SIGNATORIES

ActionAid (Liberia)
African Men for Sexual Health and Rights – AMSHeR (Regional)
AIDS Legal Network (South Africa)
AIDS Rights Alliance for Southern Africa (Sub-regional)
ARC EN CIEL + (Cote d’Ivoire)
Arc en Ciel d’Afrique (Canada)
Centre for Popular Education and human Rights - CEPEHRG (Ghana)
Coalition Against Homophobia in Ghana (Ghana)
Coalition of African Lesbians- CAL (Regional)
Engender (South Africa)
Evolve (Cameroon)
Face AIDS Ghana  (Ghana)
Fahamu (Regional)
Freedom and Roam Uganda (Uganda)
Gay and Lesbian of Zimbabwe – GALZ (Zimbabwe)
Horizons Community Association (Rwanda)
House of Rainbow Fellowship – (Nigeria)
ICHANGE CI (Cote d’Ivoire)
Identity Magazine (Kenya)
IGLHRC Africa (Regional)
Ishtar MSM (Kenya)
Justice for Gay Africans (Diaspora)
LEGABIBO (Botswana)
Let Good Be Told In us (LGBTI) Nyanza and Western coalition of Kenya (Kenya)
Most at Risk Populations’ Society In Uganda (UGANDA)
Mouvement pour les Libertes Individuelles - MOLI (Burundi)
My Rights (Rwanda)
Network against violence, abuse, discrimination and stigma-Africa (Regional)
Nyanza and Western LGBTI Coalition of Kenya (Kenya)
Other Sheep Afrika (Kenya)
Outright Namibia
Pan Africa ILGA (Regional)
PEMA Kenya
Queer African Youth Center Network QAYN – (Sub-regional – West Africa)
Rainbow Candle Light (Burundi)
Reseau Camerounais des Personnes Vivant avec le VIH – Recap+ (Cameroon)
Riruta United Women Empowerment Programme (Kenya)
Si Jeunesse Savait (Democratic Republic of Congo)
South African National AIDS Council – LGBT sector
Spectrum Uganda Initiatives – (Uganda)
Stay Alive Self Help Group (Kenya)
Stop Aids In Liberia
The Initiative for Equal Rights (TIER) - Nigeria
The International Center for Advocacy on the Rights to Health -ICARH (Nigeria)
The Lesbian and Gay Equality Project (South Africa)
Together for Women’s Rights ASBL (Burundi)
Treatment Action Campaign (South Africa)
Triangle Project (South Africa)
UHAI-the East African Sexual Health and Rights Initiative (Sub-regional -East Africa)
Vision Spring Initiatives
West African Treatment Action Group (Sub-regional – West Africa)
Women Working with Women (Kenya)
Youth Focus (Uganda) 

Press Release on the British Prime Minister's 'Homosexuality Threat' To Ghana from The Coalition against Homophobia in Ghana (CAHG)

Accra, 03 November, 2011: The Coalition against Homophobia in Ghana (CAHG), the Gay and Lesbian Association of Ghana (GALAG) and other LGBT Networks in Ghana are surprised and in total shock at the increased interest by the UK government to withdraw aid to some African countries who are homophobic. Though the Coalition have no problem with calling on government to abide by the British code of conduct for financial support, we believe LGBT people do not live in isolation in Africa.  We have families and friends who need these aids to survive on daily basis.

Cutting aid to some selected Africa countries due to homophobic laws therefore will not help the LGBT people in these countries, but will rather stigmatize these groups and individuals. LGBT people will be used as scape goats for government inability to support its citizens and some sectors of the economy.

The challenge now is that,

1. Homosexuality is now being seen as western import due to the continuous threats from the UK government. It is now difficult to convince the ordinary person on the street that homosexuality was not imported into Africa; although we know and have always had African indigenous people who are born homosexuals.

2. LGBT groups and organizations are finding it very   difficult and risky to organize their programs due to such threats and continuous discussion on radio and television stations in Ghana.

3. Support from government agencies for LGBT programs with regards to health will be affected since the government will not want to be seen as promoting or supporting LGBT activities in the country.

We believe the UK government can use diplomacy to get some of these important issues across to the countries noted for promoting hate against homosexuals or the LGBT community in Africa. We encourage the UK government to find other alternative way to address the issue other than this option, which is going to increase   the level of stigma, violence and discrimination against LGBT people in Africa.

Though all these noise continue to go against LGBT groups and individuals in Africa, development partners never supports LGBT initiatives on the ground. Embassies and consulates including the EU offices continue to turn deaf ears to LGBT issues insisting that their priorities do not include LGBT people in Africa.

We are by this release appealing to development partners to channel some support to LGBT groups and organization in countries like Ghana to support local or internal advocacy as well as network building with state institutions.

This we believe will go a long way to help the LGBT people in Ghana and Africa at large.

###

For more information, please contact the coalition on coalition.homophobia.gh@gmail.com

Signed:

1.     Coalition against Homophobia in Ghana
2.     Centre for Popular Education and Human Rights, Ghana
3.     Gay and Lesbian Association of Ghana (GALAG)
4.     Face AIDS Ghana
5.     National Association of Persons Living with HIV/AIDS (NAP+)
6.     Development Communication Initiatives – Ghana
7.     Young People Advocate for a Change
8.     Youth and Human Rights -, Ghana

See Also:

• Zambia and Zimbabwe appear to reject gay rights “pressure” on aid, PinkNews
• Is the West Still Colonizing Continent?, AllAfrica
• Cameron remarks vindicate Nyerere: Aid threat to independence, IPPMedia
• Continent Must Shun Western Aid, AllAfrica
• Getting Gay Rights Wrong in Africa and Brown Envelopes, AllAfrica