The newly-formed group the Eswatini
Sexual and Gender Minorities (ESGM) failed in its attempt to become the
first LGBTI group to be officially registered in Swaziland / eSwatini.
The group advocates for rights of lesbian, gay, bisexual, transgender
and intersex people in the kingdom where sexual acts between men are illegal.
In a letter
to the group’s lawyer rejecting an application for registration, Registrar
of Companies Msebe Malinga said it was clear that that discrimination on the
basis of sexual orientation and sex was not protected by the kingdom’s
Constitution nor in domestic laws.
‘It will be inappropriate for the registrar of companies to register an
entity whose objectives are not provided for in the Constitution or any
legislation,’ part of the letter read.
Swaziland is a deeply conservative kingdom ruled by
the absolute monarch King Mswati III. The King has in the past described homosexuality
as ‘satanic’.
Malinga added, ‘The Companies Act is not relevant legal authority to
address the objectives of the Eswatini Sexual and Gender Minorities.’
ESGM has a number of objectives including to advance the protection of
the rights of LGBTI people in Swaziland and reduce harm that affect their
wellbeing based upon sexual orientation and gender identity.
The rejection came shortly after the publication
of a report that LGBTI people in Swaziland suffered mental
health issues and many had attempted suicide because of the way they were
discriminated against in the kingdom.
The study found evidence of serious human rights
violations against Swazi people who were LGBTI. The report concluded they
suffered ‘social exclusion, marginalisation and stigma’ because they were seen
as being different from the rest of the population.
The
report written by two academics and the Southern and East African Research
Collective on Health called for same-sex activity to be decriminalised in
Swaziland. It also called for legal reform to abolish laws which contribute to
stigma, prejudice and discrimination against sexual and gender minority people
living in the kingdom, including men who have sex with men and women who have
sex with women.
See also
LGBTI
discrimination in Swaziland leads to big mental health issues, report finds
LGBT
Pride film shows what it’s like to live with prejudice and ignorance in
Swaziland
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