Swaziland Govt tells High Court LGBTI acts are illegal because they are ‘unnatural’

A representative of the Swaziland (eSwatini) Government told the kingdom’s High Court LGBTI people were ‘unnatural’ and their campaign group was unlawful.

Siboniso Nkambule, Principal Secretary in the Ministry of Commerce, Industry and Trade, was opposing an application from the Eswatini Sexual and Gender Minorities (ESGM) group to be officially registered.

The Registrar of Companies had previously refused to register the association so that it could operate legally in the kingdom. 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.

Nkambule told the court, ‘May I state that every other sexual action other than what is in the order of nature, capable of producing offsprings is unnatural and, therefore, prohibited in terms of our laws.’ 

The Times of eSwatini reported Nkambule said in an affidavit, ‘The actions of Eswatini Sexual and Gender Minorities constitute unnatural action which ought to be stopped in our society for purposes of our young generations as well as the public interest.’

The matter is still pending in court.

Discrimination against LGBTI (lesbian, gay, bisexual, transgender, intersex) people in Swaziland is widespread but in recent years they have become more visible and vocal. The first ever Pride march took place in 2018.

Melusi Simelane, Founder and Executive Director of ESGM, writing in a report on LGBTI experiences in Swaziland said LGBTI identities were not criminalised in Swaziland but colonial laws that included the crime of sodomy still existed. He said this suggested homosexuality was ‘simply about a sexual act rather than a broader issue of love and respect’.

He added the outdated laws violated constitutional rights. He said despite the law the state did not prosecute consenting adults.

A report published in 2019 written by two academics and the Southern and East African Research Collective on Health 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.

This, the report said, ‘has a negative impact on the mental health and wellbeing of people who identify as lesbian, gay, bisexual, transgender or intersex’.

Swaziland is a deeply conservative kingdom ruled by the absolute monarch King Mswati III. The King has in the past described homosexuality as ‘satanic’  In May 2016 four organisations jointly reported to the United Nations about LGBTI discrimination in Swaziland. Part of their report stated, ‘LGBT[I]s are discriminated and condemned openly by society. This is manifest in negative statements uttered by influential people in society e.g., religious, traditional and political leaders. Traditionalists and conservative Christians view LGBT[I]s as against Swazi tradition and religion. There have been several incidents where traditionalists and religious leaders have issued negative statements about lesbians.’ 

  

See also

LGBTI discrimination in Swaziland leads to big mental health issues, report finds

https://swazimedia.blogspot.com/2019/08/lgbti-discrimination-in-swaziland-leads.html
 

LGBT Pride film shows what it’s like to live with prejudice and ignorance in Swaziland

https://swazimedia.blogspot.com/2018/11/lgbt-pride-film-shows-what-its-like-to.html 

LGBTI Pride gets global attention

https://swazimedia.blogspot.com/2018/07/lgbti-pride-gets-global-attention.html

Swaziland refuses to register LGBTIQ human rights group because it is ‘annoying’

An LGBTIQ rights group in Swaziland (eSwatini) has been denied permission to register because its objectives are deemed ‘annoying’.

The Eswatini Sexual and Gender Minorites (ESGM) was also told the Swazi Constitution did not include sexual orientation on the list of protections against discrimination.

Melusi Simelane, Founder and Executive Director of ESGM, said this suggested the government refused to recognise the existence of LGBTI (lesbian, gay, bisexual, transgender, intersex, queer) people in the kingdom.

Simelane was writing in a report on LGBTI experiences in Swaziland recently published. He said LGBTI identities were not criminalised in Swaziland but colonial laws that included the crime of sodomy still existed. He said this suggested homosexuality was ‘simply about a sexual act rather than a broader issue of love and respect’.

He added the outdated laws violated constitutional rights. He said despite the law the state did not prosecute consenting adults.

The government has refused to register ESGM which would allow it to operate legally in the kingdom. 

Simelane said it wrote to the group saying it could not be registered ‘because the objects of the organisation are “misleading” and “annoying”. 

‘They quoted the common law contrary to their assumed policy of not prosecuting consenting adults. This, coupled with the government blatantly saying the constitution doesn’t list sexual orientation on the list of protections against discrimination, suggests that the government refuses to recognise our existence and further our rights and freedoms.’

He added, ‘When addressing policy makers evidence of human rights violations is necessary to make the case for LGBTIQ equality. In a society that scares people into silence and invisibility, evidence becomes a scare commodity.’

A report published in 2019 written by two academics and the Southern and East African Research Collective on Health found evidence of serious human rights violations against Swazi people who are LGBTI. The report concluded they suffered ‘social exclusion, marginalisation and stigma’ because they were seen as being different from the rest of the population.

This, the report said, ‘has a negative impact on the mental health and wellbeing of people who identify as lesbian, gay, bisexual, transgender or intersex’.

Swaziland is a deeply conservative kingdom ruled by the absolute monarch King Mswati III. The King has in the past described homosexuality as ‘satanic’  In May 2016 four organisations jointly reported to the United Nations about LGBTI discrimination in Swaziland. Part of their report stated, ‘LGBT[I]s are discriminated and condemned openly by society. This is manifest in negative statements uttered by influential people in society e.g., religious, traditional and political leaders. Traditionalists and conservative Christians view LGBT[I]s as against Swazi tradition and religion. There have been several incidents where traditionalists and religious leaders have issued negative statements about lesbians.’  

See also

LGBTI discrimination in Swaziland leads to big mental health issues, report finds

https://swazimedia.blogspot.com/2019/08/lgbti-discrimination-in-swaziland-leads.html
 

LGBT Pride film shows what it’s like to live with prejudice and ignorance in Swaziland

https://swazimedia.blogspot.com/2018/11/lgbt-pride-film-shows-what-its-like-to.html

Attempt to register first LGBTI group in Swaziland as preparations for second Pride parade underway

The second annual LGBTI Pride is due to take place on 22 June 2019 in Swaziland /eSwatini. It comes as a newly-formed group the Eswatini Sexual and Gender Minorities (ESGM) attempts to become the first LGBTI group to be officially registered in the kingdom.

LGBTI (lesbian, gay, bisexual, transgender, intersex) people face discrimination in all walks of life in the conservative kingdom ruled by King Mswati III as sub-Saharan Africa’s last absolute monarch. King Mswati reportedly described homosexuality as being ‘satanic.’ Homosexual acts are illegal.

ESGM is seeking to become registered under the Companies Act as a specifically LGBTI rights group. At present The Rock of Hope campaigns for LGBTI rights but it is also a group offering sexual health and HIV / AIDS advice.

Melusi Simelane, one of the founders of ESGM, and one of the organisers of Swaziland’s first LGBTI Pride in 2018, told MambaOnline the move was designed to bring a stronger focus on decriminalising LGBTI identities in eSwatini.

Separately, on his blog, Simelane wrote about the reality of being a gay man in Swaziland. He said, ‘I would like to believe that as a citizen of this country I am rightfully equal before the law, but I am forced by reality to believe otherwise.

‘Should I be found guilty of the sodomy offence, or even found to have had the intention to commit “sodomy”, I can be arrested without a warrant. This in accordance with the Criminal Procedure and Evidence Act of 1938.

‘Furthermore, the National Register for Sex Offenders would enlist me, under clause 56 of the recently passed SODV [Sexual Offences and Domestic Violence] Act of 2018.

‘It cannot be justice to have my name branded as a sex offender for being in love, and being in a consensual loving relationship. Alas, that is what our government is saying to me.’

Swaziland is a tiny landlocked kingdom with a population of about 1.3 million people, mostly living in rural communities. 

In May 2016 four organisations jointly reported to the United Nations about LGBTI discrimination in Swaziland. Part of their report stated, ‘LGBT[I]s are discriminated and condemned openly by society. This is manifest in negative statements uttered by influential people in society e.g., religious, traditional and political leaders. Traditionalists and conservative Christians view LGBT[I]s as against Swazi tradition and religion. There have been several incidents where traditionalists and religious leaders have issued negative statements about lesbians.’  

In June 2018 Swaziland held its first LGBTI Pride event. It passed without incident and received positive international attention, but it also provoked a number of virulent attacks on gay people in newspapers and churches within Swaziland. 

See also

LGBT Pride film shows what it’s like to live with prejudice and ignorance in Swaziland

https://swazimedia.blogspot.com/2018/11/lgbt-pride-film-shows-what-its-like-to.html

LGBTI Pride gets global attention

https://swazimedia.blogspot.com/2018/07/lgbti-pride-gets-global-attention.html
 

Kingdom’s first LGBTI Pride takes place

https://swazimedia.blogspot.com/2018/07/kingdoms-first-lgbti-pride-takes-place.html
 

‘Observer’ steps up LGBTI hate campaign

https://swazimedia.blogspot.com/2018/06/observer-steps-up-lgbti-hate-campaign.html

LGBTI PRIDE GETS GLOBAL ATTENTION

International media extensively reported Swaziland’s first ever LGBTI Pride on Saturday. The tone of coverage about the pride parade and its organiser Rock of Hope was overwhelmingly positive, but King Mswati III, who rules Swaziland as sub-Saharan Africa’s last absolute monarch, and the traditionalists who support him came under criticism.

CNN reported, ‘In Swaziland, same-sex relationships are illegal and the country maintains a colonial-era law against sodomy. The US State Department’s report on global human rights practices in 2017 stated that Swazi people open about their sexual orientation “faced censure and exclusion from the chiefdom-based patronage system.”

‘The pride celebration was not endorsed by King Mswati III.’

It added, ‘The small southern African country, recently renamed the Kingdom of eSwatini by its king, is Africa's last absolute monarchy and has a bleak record on LGBT rights. The country of 1.4 million also has the world’s highest HIV/AIDS rates and suffers from severe poverty.’

The BBC reported, ‘King Mswati III is widely reported to have called homosexuality “satanic”, while the country’s chief police communications officer, Khulani Mamba, who doubles up as a preacher, told his congregation last weekend that “this country will not tolerate the LGBTI community”, according to the Swazi Times.’

The Huffington Post reported, ‘Sodomy is illegal in eSwatini, which is also Africa’s last absolute monarchy. King Mswati III, who has ruled the country since 1986, has reportedly described homosexuality as being “satanic.”

It quoted Pride organiser Melusi Simelane who said threats and discrimination were a constant for Swaziland’s LGBTI community. 

It said, ‘There is persecution each and every day,” he told BBC last week. “We are harassed, we are violently abused, we are emotionally abused.”’

The Huffington Post added, ‘Matt Beard, All Out’s executive director, praised activists like Simelane for their courage and their ambition to hold the pride parade despite the risks and threats they’ve faced.

‘“The community and their allies painted the streets of this country rainbow, with a beautiful, colorful parade that was literally exploding with joy,” Beard wrote of the historic event in a Medium blog post. “At certain moments... the infectious joy of this community was so intense, it was difficult to hold back the tears. We were loud, proud and dignified. Nobody came to hurl hate, abuse (or worse) at us, as had been feared. Instead, this was a moment of community and personal empowerment.”’

By contrast, in the run up to the event on Saturday (30 June 2018), the Swazi Observer, a newspaper in effect owned by King Mswati, ran three articles calling LGBTI people ‘a curse’ and ‘evil’ and likening them to child sex molesters and people who have sex with animals. 

The international news agency AFP quoted Swaziland Government spokesperson Percy Simelane denying the kingdom had an anti-homosexual stance and said ‘it would be unfair to view the state as homophobic.’

Buzzfeed reported, ‘As far as Pride parades go, eSwatini’s [Swaziland’s] is less about flashy floats and flag-waving, and more about showing the public that LGBT people value family and community just as much as anyone else.’

See also

KINGDOM’S FIRST LGBTI PRIDE TAKES PLACE

https://swazimedia.blogspot.com/2018/07/kingdoms-first-lgbti-pride-takes-place.html

OBSERVER STEPS UP LGBTI HATE CAMPAIGN

https://swazimedia.blogspot.com/2018/06/observer-steps-up-lgbti-hate-campaign.html

LESBIAN AND GAY MURDERS IN SWAZILAND

http://swazimedia.blogspot.com/2015/03/lesbian-and-gay-murders-in-swaziland.html