Swaziland LGBTI group back in High Court in fight for legal recognition

LGBTI activists in Swaziland (eSwatini) are back in the High Court in an attempt to have their advocacy group officially registered and made legal.

The eSwatini Sexual and Gender Minorities (ESGM) had their registration application rejected in September 2019. The Registrar of Companies refused saying the group’s objectives were unlawful because same-sex sexual acts were illegal in the kingdom.

An appeal is now being heard at the High Court. On Friday in submissions the government argued that homosexuality was contrary to biblical teachings. The ESGM case was due to be heard on Tuesday (20 October 2020.)

ESGM is a human rights community-based advocacy organisation which aims to advance the protection of human rights of LGBTI (gay, lesbian, bisexual, transgender and intersex) people in Swaziland.

In a statement ESGM said homosexuality was not illegal in Swaziland and the law did not make it a crime to campaign to protect the rights of LGBTI people.

Melusi Simelane, ESGM Executive Director, said, ‘While Christianity underpins much of the values in eSwatini, we are a secular state. This is a case about the dignity of persons and not about the will of the majority or any religious debate.’

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.

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’.

 

See also

Swaziland EU Ambassador joins LGBTI rights supporters at High Court for landmark hearing

https://swazimedia.blogspot.com/2020/06/swaziland-eu-ambassador-joins-lgbti.html

Swaziland LGBTI group cannot be registered because ‘Constitution does not protect against discrimination’ https://swazimedia.blogspot.com/2019/09/swaziland-lgbti-group-cannot-be.html

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

Swaziland EU Ambassador joins LGBTI rights supporters at High Court for landmark hearing

Supporters of LGBTI rights outside the High Court in Swaziland

A crowd of supporters in Swaziland (eSwatini), including the European Union Ambassador to the kingdom Esmeralda Hernandez Aragones, picketed the High Court as a local LGBTI rights group continued its fight for legal recognition.

The kingdom’s Registrar of Companies refused in September 2019 to recognise the eSwatini Sexual and Gender Minorities (ESGM) and without this it cannot operate legally. ESGM aims to advance the protection of human rights of LGBTI ((lesbian, gay, bisexual, transgender, intersex) people in Swaziland.

Homosexual activities are illegal in Swaziland and King Mswati III, the absolute monarch, is on record calling homosexuality ‘satanic’.

The court was due to hear the case on Wednesday (24 June 2020) but postponed it when Judge Mumcy Dlamini recused herself because one of the government’s lawyers Mbuso Dlamini is her brother-in-law.

Discrimination against LGBTI people is widespread in Swaziland. The Government says that the ESGM is illegal because it encourages same-sex activity. It says the Swazi Constitution does not specifically protect the rights of LGBTI people.

In a statement ahead of the hearing ESGM said, ‘ESGM argues that the Registrar was wrong to assume that ESGM’s purpose was illegal when there was no evidence of this. ESGM’s mission is to protect and advance the interests of LGBTI persons through education and advocacy. Eswatini’s laws do not make it a crime to be lesbian, gay, bisexual, or transgender.

‘The law is the same for everyone. It must treat us all fairly. Our laws also do not make it a crime to campaign to protect the rights of LGBTI persons. We are free to speak our minds and to associate with – spend time with – anybody we want to.

‘ESGM disagrees with the Registrar’s argument that our constitutional rights were not violated by the Registrar. Constitutional rights in eSwatini belong to everybody, whatever our difference. We all have the right to have our dignity respected and protected.’

In an affidavit to the court Principal Secretary in the Ministry of Commerce, Industry and Trade, Siboniso Nkambule, said, ‘The actions of eSwatini Sexual and Gender Minorities constitute unnatural action which ought to be stopped in our society for purposes of our young generation as well as the public interest.’

The High Court will resume on 23 July 2020.

Campaigners supporting the eSwatini Sexual and Gender Minorities in its bid for legal recognition

EU Ambassador to eSwatini, Esmeralda Hernandez Aragones interviewed by a journalist

(All photos accessed from social media)

See also

Swaziland LGBTI group cannot be registered because ‘Constitution does not protect against discrimination’

https://swazimedia.blogspot.com/2019/09/swaziland-lgbti-group-cannot-be.html

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