Africa
Zimbabwe decriminalizes HIV transmission
UNAIDS applauded move in spite of NGO questions
A Zimbabwe civil society organization has questioned lawmakers’ decision earlier this month to decriminalize the transmission of HIV.
Liam Takura Kanheng of Zimbabwe Human Rights Monitors Platform, which is based in the country’s capital of Harare, said parliamentarians were not supposed to repeal Section 79 of the Criminal Law Code, but rather amend it.
“Repealing the law that criminalizes the transmission of HIV stands to be problematic because it’s transmission through what? There is transmission through birth, there is deliberate transmission through sexual intercourse and sharing of sharp objects such as needles and syringes, but I feel deliberate transmission should be the one that should be criminalized and I think the law needed to be amended or revised instead of being repealed because there are many people that have done deliberate transmission of HIV because there are people who do not go for voluntary HIV counseling and testing or how partners in heterosexual or homosexual relationships don’t disclose their HIV statuses to their partners and have unprotected sex with those partners,” Kanheng told the Washington Blade. “So, I think it was a matter of reviews and amendments than repealing.”
“When it comes to the LGBTQIA+ community I just think it makes it hard for everyone and protects no one as well, so I think it should have been better off amended than repealed,” added Kanheng. “However, when it comes to the issue of transmission the LGBTQIA+ community is not really fingered as the main catalyst of HIV prevalence but heterosexuals, because being LGBTQIA+ is seen as socially immoral on cultural grounds because it’s seen as taboo and an abomination and therefore the status quo under such a law does not change for the LGBTQIA+ community. If we are really going to transform the lives of the LGBTQIA+ community when it comes to their rights to sexuality and self-determination there is more that needs to be done on a macro scale than this piece of legislation.”
UNAIDS, however, congratulated Zimbabweās Parliament for repealing Section 79 and also stated the southern African country had made great progress in the response to HIV over the past decade.
“Public health goals are not served by denying people their individual rights and I commend Zimbabwe for taking this hugely important step,” said UNAIDS Executive Director Winnie Byanyima in a March 18 press release. “This decision strengthens the HIV response in Zimbabwe by reducing the stigma and discrimination that too often prevents vulnerable groups of people from receiving HIV prevention, care and treatment services.”
UNAIDS notes Zimbabwe in 2019 completed a legal environment assessment, which identified the criminalization of HIV transmission as a barrier to health care and a driver of stigma and discrimination for people living with HIV and other key populations. Since then, the U.N. Development Program has worked with key populations and other stakeholders, convening meetings with parliamentarians and other partners to advance the recommendations of the legal environment assessment.
Zimbabwe was the first African country to enact an HIV-specific criminal law, including it in the Sexual Offences Act of 2001.
The law, which women’s rights groups supported as a way to address violence against women, made criminalized anyone diagnosed with HIV who āintentionally does anything or permits the doing of anythingā which they know āwill infect another person with HIV.ā
It is estimated that 1.2 million of the 1.3 million people living with HIV in Zimbabwe are now on life-saving medicines. AIDS-related deaths have decreased by 63 percent since 2010, with new HIV infections down by 66 percent over the same period.
More than 130 countries around the world still criminalize HIV non-disclosure, exposure and transmission through either specific or general legislation.
Daniel Itai is the Washington Blade’s Africa Correspondent.
Ghana
Activists: Ghanaian presidential election results will not improve LGBTQ rights
Supreme Court on Dec. 18 to rule on anti-LGBTQ law
Former Ghanaian President John Dramani Mahama from the opposition National Democratic Congress has won Saturday’s general elections, defeating current Vice President Mahamudu Bawumia of the New Patriotic Party.
The NDC before the election had pledged its support for the Human Sexual Rights and Family Values Bill, which would further criminalize LGBTQ people and those who support them.
The bill, which MPs approved in February, has yet to be signed by outgoing President Nana Akufo-Addo because of a ruling the Supreme Court is expected to issue on Dec. 18. Richard Dela Sky, a journalist and private lawyer, challenged the law in March.
The NDC, NPP and other parties used recognition of LGBTQ rights to persuade Ghanaians to vote for them. Mahama during a BBC interview last week said LGBTQ rights are against African culture and religious doctrine.
Berinyuy Hans Burinyuy, LGBT+ Rights Ghana’s director for communications, said homophobic attacks and public demonstrations increased during the campaign.
“The passage of the Human Sexual Rights and Family Values Bill into law will institutionalize State-sanctioned discrimination and violence against LGBTQ+ individuals, leaving little to no legal recourse for those affected,ā said Burinyuy. āThe climate of fear and uncertainty that has gripped Ghanaās LGBTQ+ community cannot be overstated.”
āWhile the political atmosphere remains hostile, there is still hope that the Supreme Court will rule in favor of human rights and constitutional protections,ā added Burinyuy. āShould the court strike down the bill, it will be a significant victory for LGBTQ+ rights and a blow to the growing wave of homophobia that has swept the country.”
Awo Dufie, an intersex person and cross-dresser, said the LGBTQ community is going to be at increased risk under the NDC-led government because it supports anti-LGBTQ rhetoric.
“Mahama supported the anti-LGBT bill as well as the arrest and prosecution of human rights defenders,ā noted Dufie. āPoliticizing queer rights as a distraction actually started under Atta Mills (the-late president of Ghana) and the NDC government in 2011, and it was an NDC MP (Sam George) who furthered this in 2021 vocalizing support for the anti-LGBT bill.”
Dufie added Ghanaians āvoted out a worse corrupt government who had no respect for human rights, and brought in a former corrupt president who has also promised to not respect human rights.”
Activism Ghana, another LGBTQ rights group, said the attacks against LGBTQ Ghanaians are a series of political ploys designed to win votes as opposed to accelerating development.
“Hate the gays, win the votes, and when they win and fail to deliver development and prosperity, they scapegoat the gays to take away attention from real problems,” said Activism Ghana.
Secretary of State Antony Blinken on Monday congratulated Mahamaās election, and noted Naana Jane Opoku-Agyemang will become the countryās first female vice president.
āThe United States commends the Electoral Commission, its hundreds of thousands of poll workers, civil society, and the countryās security forces, who helped ensure a peaceful and transparent process,ā said Blinken in a statement. āWe also applaud Vice President Mahamudu Bawumia for his gracious acceptance of the results.ā
Mahamaās inauguration will take place on Jan. 7.
Advocacy groups continue to urge Akufo-Addo to veto the Human Sexual Rights and Family Values Bill or amend sections that further criminalize LGBTQ people and allies.
South Africa
WorldPride 2028 to take place in Cape Town
South Africa is first African country to host event
Cape Town last month secured enough votes to host WorldPride in 2028.
The bidding process, which started in late October, took place in MedellĆn, Colombia, where the Guadalajara (Mexico) Pride and WorldPride Cape Town bidding teams contended for the rights to host WorldPride. InterPride, which organizes the event, on Nov. 8 officially declared Cape Town the host of WorldPride 2028.
It will be the first time WorldPride will take place in an African country.
South Africa is the only country on the continent that constitutionally recognizes LGBTQ rights. South Africa, as a result, in recent years has seen a surge in the number of LGBTQ asylum seekers from Africa and around the world.
Reacting to the historical precedence, Cape Town Pride said it was now time for Africa to shine and acknowledged the WorldPride Cape Town bidding team and the city of Cape Town for their role in the bidding process.
“This is a first for the whole continent of Africa,ā said Cape Town Pride CEO Tommy Patterson. āA few weeks ago, in MedellĆn, Cape Town Pride, the city of Cape Town, and the bidding team presented our bid. The team did a wonderful job and we all forged great friendships and allies from Pride groups all over the globe.ā
āCape Town Pride is thrilled by the news and support shown by the global LGBTI+ family,” added Patterson.
Michael Gladwin of the WorldPride Cape Town bidding team echoed Pattersonās excitement.
“This will mark the first time WorldPride is held on the African continent, and we couldn’t be more excited to welcome the global LGBTQ+ community to our beautiful city,ā said Gladwin. āA heartfelt thank you goes out to all our incredible partners who supported this journey. Together, we will showcase Cape Town as a beacon of inclusivity and diversity.”
Gladwin also congratulated Guadalajara Pride for their bid.
“Their commitment in promoting LGBTQ+ rights is inspiring, and we look forward to collaborating in the future,” said Gladwin.
Cape Townās LGBTQ community is celebrating the successful bid, while others in the city have criticized it.
Rev. Oscar Bougardt, founder and lead pastor of the Calvary Hope Baptist Church, described WorldPride as āgarbageā and āfilthā that should be condemned.
“I am happy to say I am amongst the pastors in Cape Town who are in opposition and are outraged at this garbage planned for 2028,ā said Bougardt. āThe city of Cape Town and LGBTQ+ organizations planned this event without consulting rate payers, this bid was done in secret and taxpayers’ money will be used to fund this filth.”
āJust as the LGBTQ + organizations have the right to host WorldPride 2028, we have the right to say we donāt want it in Cape Town,ā he added. āI pray more church leaders will stand up against the planned WorldPride 2028. To church leaders and parents, this is the time to unite and tell the city of Cape Town and LGBTQ+ organizations that we are disgusted at the planned event. Untied we stand and divided we will fall!”
Kaohsiung, Taiwan, in 2022 won the bid to host WorldPride 2025, but the local planning committee withdrew it amid a dispute with InterPride. WorldPride 2025 will take place in D.C. from May 17-June 8, 2025.
The 2024 ILGA World Conference took place last month in Cape Town.
Uganda
Ugandan court awards $40K to men tortured after arrest for alleged homosexuality
Torture took place in 2020 during COVID-19 lockdown
A Ugandan court on Nov. 22 awarded more than $40,000 (Shs 150 million) to 20 men who police tortured after their 2020 arrest for alleged homosexuality.
The High Court of Uganda’s Civil Division ruling notes “police and other state authorities” arrested the men in Nkokonjeru, a town in central Uganda, on March 29, 2020, and “allegedly tortured.”
“They assert that on the morning of the said date their residence was invaded by a mob, among which were the respondents, that subjected them to all manner of torture because they were practicing homosexuality,” reads the ruling. “The alleged actions of torture include beating, hitting, burning using a hot piece of firewood, undressing, tying, biding, conducting an anal examination, and inflicting other forms of physical, mental, and psychological violence based on the suspicion that they are homosexuals, an allegation they deny.”
The arrests took place shortly after the Ugandan government imposed a lockdown in response to the COVID-19 pandemic.
“Based on the same suspicion (of homosexuality), the applicants were then arrested, taken to Nkokonjeru B police station, and charged with doing a negligent act likely to spread infection by disease,” reads the ruling.
The ruling notes the men “were charged” on March 31, 2020, and sent to prison, “where they were again allegedly beaten, examined, harassed, and subjected to discrimination.”
Consensual same-sex sexual relations remain criminalized in Uganda.
President Yoweri Museveni in 2023 signed the Anti-Homosexuality Act, which contains a death penalty provision for āaggravated homosexuality.ā LGBTQ activists continue to challenge the law.
Sexual Minorities Uganda Executive Director Frank Mugisha on X described the Nov. 22 ruling as a “significant victory for the LGBTQ+ community.”
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