Sexuality rights remain a
controversial issue in many parts of Africa; it is not just a controversial
issue but also a taboo subject.
Many countries in Africa still criminalize homosexuality. Sodomy laws remain part of the criminal laws thereby making it
legally possible to persecute sexual minorities. For example Zimbabwe, Kenya,
Uganda, Nigeria, Tanzania and Ghana all have laws under which homosexuality can
be prosecuted. In South Africa, where the constitution recognizes same-sex
relationships, gays and lesbians are often attacked, molested and persecuted
for their sexual orientation.
Many African societies do not provide enabling environments to discuss sexual
orientation issues. Homosexuality has been condemned by many African leaders as
Immoral, Un-African and a 'White man's disease'.
In Nigeria, lawmakers are resurrecting a version of a widely condemned
anti-homosexuality bill. Nigerian Lawmakers in a bid to rally popular support
needed a scapegoat and the LGBT community provides an easy target.
Poverty,
corruption, unemployment, lack of security and the growing menace of Boko Haram
are some of the many problems bedeviling Nigeria as a nation. Rather than focus
on these urgent problems, Nigerian lawmakers decided once again to come in a
'straight' mass orgy of corruption to bully the gay minority; a cause always
guaranteed to provide the otherwise unpopular lawmakers with cheap, majority
support. When will they stop discussing who is sleeping with whom and start
making laws to move this underdeveloped, oil rich nation forward?
In the book FREEDOM TO LOVE FOR ALL: Homosexuality is not Un-African, Yemisi
Ilesanmi takes a critical look at Nigeria's 'Jail the Gays' bill. In this
interesting collection of her articles on Nigeria's Same Sex Marriage
Prohibition bill, she makes a brilliant case for LGBT Rights as Human Rights
and effectively debunks the myths surrounding homosexuality in Africa.
Yemisi Ilesanmi also raises concern on what she termed 'The deafening silence
of Nigerian Human rights activists on the homophobic bill'. She sheds light on
homophobia in Nigeria and the forces driving the 'Jail the Gays' bill in
Africa.
She wrote: "I wonder why it is not considered politically incorrect to ask
if Lesbians, Gays, Bisexuals or Transsexuals have equal rights as
heterosexuals. If we are agreed that no one should be discriminated against,
why are we still debating if Lesbians, Gays, Bisexuals and Transsexuals are
entitled to Human Rights? Last time I checked LGBTs are people too! Well,
debate is good because in some countries like Nigeria, many are yet to be
convinced that Lesbians, Gays, Bisexuals and Transsexuals are actually human
beings."
About the author:
Yemisi Ilesanmi is an experienced advocate, trade unionist, human rights
activist and a passionate poet. She holds a Masters of Law degree in Gender,
Sexuality and Human Rights.
Yemisi Ilesanmi writes and speaks on a range of issues including workers rights,
gender and sexuality issues. She is a passionate campaigner for equal rights,
social justice and poverty alleviation.
There
are ongoing legislative attempts in Nigeria and Uganda to further restrict
sexuality rights. There is a clamour for the removal and also the strengthening
of sodomy laws inherited by Commonwealth countries in Africa. However, the call
for sexuality rights in Africa by the international community is seen as
another colonial invasion by many Africans.
Research
on sexuality rights is a relatively new developing area in Africa. There is a
strong coalition spreading across Africa by Africans advocating for sexuality
rights and claiming it as not just any right but as fundamental human rights.
Sexuality rights remain a silent but controversial
issue in many parts of Africa; it is not just a controversial issue but also a
taboo subject. One of the most efficient ways that patriarchy uses sexuality as a tool
to create and sustain gender hierarchy in African societies is by enshrouding
it in secrecy and taboos.
Many countries in Africa still criminalize
homosexuality; sodomy laws are still part of the criminal laws thereby making
it ‘legally’ possible to persecute people with different sexual orientation,
for example Zimbabwe, Kenya, Uganda, Nigeria, Tanzania and
Ghana all have laws under which homosexuality can be prosecuted. In South
Africa, where the constitution recognizes same sex relationships, gays and
lesbians are often attacked, molested and persecuted for their sexual
orientation.
Many African societies do not provide enabling
environments to discuss sexual orientation issues. Homosexuality has been
condemned by many African leaders as immoral, unafrican and a ‘white man’s
disease’.
Africa is a
large continent with diverse cultures and ethnicities, however homophobia
fuelled by religious intolerance and oppressive laws are remarkably similar
issues many have in common. It seems however that black homophobia has replaced
white racism as the newest form of intolerance to sweep across the African
continent. This is not to imply that homophobia is a ‘black African’
phenomenon. In conservative societies including western societies, any
challenge to heterosexual norms always provokes moral condemnation, exclusion
and violence.
Should women have equal rights as men? Should
blacks have equal rights as whites? Are Israelites and Palestinians equal? Some
of these questions have been settled through wars, protests and various human
rights treaties, in fact it is considered politically incorrect to ask such
questions! I wonder why it is not considered politically incorrect to ask
if Lesbians, Gays, Bisexuals or Transsexuals have equal rights as
heterosexuals.
If we are agreed that no one should be
discriminated against, why are we still debating if Lesbians, Gays, Bisexuals
and Transsexuals are entitled to Human Rights? Last time I checked LGBTs are
people too!
Well, debate is good because in some countries like
Nigeria, many are yet to be convinced that Lesbians, Gays, Bisexuals and Transsexuals
are actually human beings!
Following failed attempts in 2006 and 2008,
Nigerian lawmakers are resurrecting a version of a widely condemned
anti-homosexuality bill. Nigerian Lawmakers in a bid
to rally popular support needed a scapegoat and the LGBT community provides an
easy target!
The lawmakers decided once again to come in a
‘Straight’ mass orgy of corruption to bully the gay minority; a cause always
guaranteed to provide the otherwise unpopular lawmakers, cheap, majority
support! When will they stop discussing who is sleeping with whom and start
making laws to move this underdeveloped, oil rich nation forward?
The bill aims to further criminalize same sex
relationship and marriage. Under Nigeria’s criminal code and penal code,
consensual same sex conduct between adults is already a criminal offence.
Homosexuality carries a sentence of fourteen years imprisonment under the
criminal code while Sharia law, widely practiced in Northern Nigeria,
prescribed death penalty for homosexual conducts.
Some of Nigerian lawmakers’
arguments against same sex relationship are outright ridiculous if not
pathetic! I still can’t believe Senator Yerima, an old, polygamous man who imported from
Egypt to Nigeria, the 14 year old daughter of his Egyptian gardener for
marriage, actually voted to send SAME SEX ADULTS who engage in CONSENSUAL
relationships to prison for 14 years! Senator Yerima who has a known
history of marrying child brides, along with other lawmakers claimed that
homosexuality leads to pedophilia! It is indeed like a badly written Nollywood
script; no surprise.
The sponsor of the bill, Senator Domingo Obende,
argued that “Same sex marriage is spreading and spreading round the whole world
just like pornography and terrorism which has become the order of the day if
not arrested on time.”
Senator Victor Lar in his argument stated:
“The essence of marriage is for procreation and if we allow same sex
there will be no procreation and continuity and we may become the last set of
senators and no others to take over from us.” Even with 7 billion world
population? Gimme a break!
Honourable
Abike Dabiri, a member of the Nigeria Federal House of Representatives said "You
have a right to your sexual preference but by trying to turn it into marriage
do you realise you could be infringing on the human rights of the other person
who finds it repulsive?"
Hmm,
I find that funny considering that Abike Dabiri divorced her first husband to
marry her current husband; did she not know that many Nigerians find divorce
repulsive? Should we then criminalized divorce? Going by her argument, she has
infringed on the human rights of majority of Nigerians who think divorce is
repulsive.
Seriously,
how do people come up with such bollocks!
In a statement signed by the chief press secretary to the senate president, Paul Mumeh, Mr Mark
noted that besides banning same sex marriage, it is now a criminal offence
punishable by imprisonment of not less than 14 years. The senate president said
that in spite of pressures from some quarters, the law has come to stay.
He further said the government has to prove to the
rest of the world, who are advocates of same sex marriage that Nigerians
promote and respect sanity, morality and humanity."
Wait a minute, Nigerians promote and respect
Sanity, Morality and Humanity? Sounds like news to me, more like Nigerians
promote insanity, immorality and inhumanity and excel at ignorance, now that
wouldn't be news.
I can't help but laugh at the irony in this
statement! Really how could the Senate President David Mark use the words,
Sanity, Morality and Humanity in the same sentence in public without peeing
himself? Abeg, David Mark you've looted enough money
to get a brain transplant, go book a surgery or grow a brain!
Homosexuality is
UnAfrican and a western imposition? How so? Foreign impositions include
Christianity, Islam, Christmas, Ileya, Easter, Sodomy law and Homophobia,
certainly not Homosexuality.
Sodomy law is a colonial legacy, a relic from the colonisation of Nigeria by
Britain! Britain has repealed the law in its homeland,but some of its ex colonies in Africa still
cling to this barbaric law and use it to persecute LGBTs. Britain also has
a moral obligation to clean up its leftover mess and start accepting LGBT
asylum seekers without whining!
LGBTI rights are human
rights.Lesbians, Gays, Bisexuals and Transsexuals are humans and are
therefore entitled to ALL Human Rights; let no politician, religious leader or
any bigot tell us otherwise!
Why support this draconian bill against Nigerian Lesbians, Gays,
Bisexuals and Transsexuals? Why take away another person's right when you do
not want your right trampled upon?
The fact that majority stands on the same
side of an issue does not mean majority is always right. Sometimes it is just a
case of fools standing on the same popular side as in the case of
criminalisation of Lesbians, Gays, Bisexuals and Transsexuals on the basis of
sexual orientation and gender identity.
Giving someone else equal rights does not
infringe or take away rights from you; it just makes it illegal to enforce your
prejudice andhate. It is that simple!
Those of us who believe in
EQUAL RIGHTS AND JUSTICE FOR ALL will keep on fighting for HUMAN RIGHTS FOR ALL;
it does not matter whether we are a majority or a minority because LGBT RIGHTS
ARE HUMAN RIGHTS and that is the beauty of democracy.
Watch out for my soon to be published book titled 'Freedom To Love For ALL: Homosexuality is not UnAfrican', get ready to grab a copy!
The anti same sex marriage bill criminalizing same sex marriage and
stipulating 14 years imprisonment for Nigerians who engage in same sex relationship
has passed through the second reading in the House of Representatives.
The House Speaker Aminu Tambuwal has referred the bill to the Committee
of the Whole House for consideration. LGBT rights are Human Rights.
As stated in our position paper
on the Anti Same Sex marriage bill, Fundamental Human Rights of sexual
minorities are violated daily because of criminalization of same sex
relationship and societal prejudice.The homophobic bill violates
fundamental human rights that are guaranteed under the Nigerian
constitution and various human rights regional and international laws
and agreements that Nigeria has ratified. Thus this Bill would nullify
some parts of the Constitution.
Also, the bill would lead to political and social harassment of people for their actual or imputed sexual orientation.
It would also stifle freedom of expression and association through the
proposed ban on organizations that support Lesbians and gay rights.
The bill would further affect Nigeria’s Human rights records.
Individuals, general society and institutions including the police would
use it as a license to intimidate and harass citizens based on their
actual or suspected sexual orientation. The passing of the bill would
give official validation to the harassment of sexual minorities and many
homophobic persons would use it as a license to discriminate against
lesbians and gays.
Sodomy law
is a relic from British colonization. The British parliament and many
of its former colonies e.g. Canada, Australia, South Africa and India
have since repealed the law. Why is Nigeria clinging and seeking to
strengthen this antiquated and erroneous law through the proposed
Anti-same sex relationship bill? The argument that any sexual act or
relationship that deviates from the standard heterosexual norm is
against African culture is using “culture” to sanction the erasure of
dialogue about alternative sexualities and to condone homophobia,
therefore constituting a form of cultural violence. A society that
stifles sexual and gender identities discourages the recognition of
human dignity. LGBTI rights are human rights.
If two people of the same sex want to make their relationship more
stable and commit themselves more deeply to each other, this can only be
good for Nigeria. It makes no difference whether the couple is gay or
straight. We ask that the lawmakers reconsider their decision to pass
this bill as it infringes on the Human Rights of Nigerian LGBT people.
Nigeria LGBTIs in Diaspora against Anti Same Sex Laws call on all
Nigerians to oppose the Anti Same Sex Marriage bill. If passed,
President Goodluck Jonathan must not sign this homophobic bill into law.
Nigerian LGBTIs in Diaspora against Anti Same Sex Laws affirms that
LGBT RIGHTS ARE HUMAN RIGHTS and every Nigerian deserve the same right
every other Nigerian enjoys irrespective of class, sex, gender or sexual
orientation.
Nigerian LGBTIs in Diaspora against Anti Same Sex Laws commemorated
IDAHO with a protest rally! Special thanks to everyone who joined us to
stand up against Homophobia, Biphobia and Transphobia. A very special
thank you to Peter Tatchell for his solidarity and our very special
comrades from Uganda who showed their massive support! Together We Can!!
I do a double take whenever
I hear the words “Your coming out is threatening the safety of closeted
gays”, and the addendum “Protesting 'Anti Same Sex' bills and
homophobic behavior is a threat to closeted gays, please stop the protests”.
Really? I mean, really?
Recently on a group page, an African who identifies as queer recently
called me selfish for daring to come out as bisexual and for protesting
against oppression of LGBTs. She
suggested that African lesbians and gays should be discrete and not flaunt
their love-life. Well, she wasn’t the first African to say that., it really is that sad and that is why I
have decided to write a blog post about this issue.
What exactly
qualifies as flaunting ones' love-life? Is it that goodbye kiss at the train
station? The hand-in-hand walk you take with your lover when the weather
permits? Or the dance you have together at that office party? I see heterosexuals
do all these every day and no one ever accused them of flaunting their love
life, in fact it is often referred to as ‘celebrating their love”. Also, to the
best of my knowledge, no Lesbian, Gay, Bisexual or Trans has ever stoned anyone
to death for being heterosexual, however many LGBTs risk that possibility in my
beloved country, Nigeria, where it is actually legal in the northern part of
the country to stone homosexuals to death.
Why should my having a love life and expressing my love openly like every other
normal adult, be considered as 'flaunting' simply because my lover and I are of
the same sex? Why should my being in love with a same-sex adult and celebrating my love lead to 14
years imprisonment or public stoning? More importantly, why should closeted
gays try to stop me from being OUT and PROUD? Why the
censorship?
I decided to post the exchange
I had with the self identified African queer as a blog post because these
arguments or “reasoning” seems to be applauded in some closeted African LGBTs
forum. The arguments raised are often always the same....
“If you present yourself as a person who has the same
basic needs as the next individual you begin to establish bonds of humanity
which may compel others to partner with you in this race.”
My thought on this is…
Hmm… Wait
a minute I am no longer a human being by default? Yuk! Now, because of my sexual
orientation, I have to proof that I am a person? And to think this argument
came from a self identified queer African activist! Double Yuks!
And here is another one-
“NO ONE will listen to you if
they feel as though you are violating their sensibilities.”
My thoughts-
Hmm… Now I
have to walk on egg shells, deny my orientation, live in the closet, be less
than who I am and pretend to be who I am not, just so I wouldn’t violate the
sensibilities of homophobes? Really? Sorry, but no thanks, I will rather they
do not violate my fundamental human rights. Is that too much to ask for?
And here comes another one-
“This fight must be fashioned
within the cultural framework. I’m not sure we fully comprehend that every
single time we use words like "homophobia, gay, dyke, trans, etc" we
conjure images in the minds of our people that just equate FOREIGN and create a
discomfiture that is virtually impossible to overcome.”
And my take on this is -
We
do not have to present ourselves as a person; we are already PERSONS before any
TAGS. I see many things as FOREIGN, including CHRISTIANITY, but I see a human
being before the tags. Most of the time, as Homosexuals, Bisexuals and
Transsexuals, we seek approval from our IMMEDIATE FAMILY. If our family members
suddenly stopped seeing us as A PERSON once we identify as GAY, LESBIAN,
BISEXUAL TRANS, the problem is not with us or our IDENTITY (We have a
right to self identity), the problem lies with the person who refused to see
beyond their perceived culture or understanding of things.
The argument that any sexual act or relationship that
deviates from the standard heterosexual norm is against African culture is
using “Culture” to sanction the erasure of dialogue about alternative
sexualities and to condone homophobia, therefore constituting a form of
cultural violence. A society that stifles sexual and gender identities
discourages the recognition of human dignity. LGBTI rights are human rights and
these rights must be fought for no matter whose Ox or culture is gored because
HUMAN RIGHTS ARE WORTH FIGHTING FOR EVERYWHERE.
And then I was hit with this-
“And
with all Human rights actions or protests if you persistently transgress the
laws of the land you will not get anywhere. All successful movement in history
have included the efforts of allies and sympathisers, in order to garner this
sort of support there is always sacrifice on either side. Also I think we
forget that the same space required for the coming out process should be
afforded family and close friends. in my experience they do not fail to see
your humanity, it’s that they must mourn a loss first before accepting the new
expanded definition of who one is, which should be entirely conceivable.”
My response to
the above-
And my point is EVEN If
family members, friends or colleagues must mourn a "LOSS", they must
NOT DENY LESBIANS, GAYS, BISEXUALS OR TRANS the right to assert that they are
LIVING. In most cases, mourning this LOSS often means DEMANDING the SILENCE and
INVISIBILITY of LESBIANS, GAYS BISEXUALS and TRANSSEXUALS. Civil Rights
movements everywhere has had to do with transgressing the existing laws of the
lands, and these include Black movements and Women movements. To make progress,
we must be ready for the consequences.
AN ALLY WOULD NOT DEMAND THAT I LIVE IN A CLOSET. Living in the closet is
not ALWAYS A CHOICE, it is FORCED on many. COMING OUT in some society is not
just about losing friends and family members; it could mean the loss of life.
However, people must have the right to come out without feeling that they are
endangering the lives of those in the closets. I say this from experience
because even when fully residing in Nigeria, I was told by some members of the
Nigerian LGBT community that MY being OPENLY OUT as a BISEXUAL is a THREAT to
THEIR own existence, they would prefer I remain in the closet! Needless to say
that was not, and still not, an acceptable option for me. Also, the organized
protests by the group ‘Nigerian in Diaspora Against Anti Same Sex Laws’ to
protest the ‘Anti Same Sex Marriage’ bill was seen by some people as a threat
to closeted gays in Nigeria and my take on this is, WE ALL HAVE A RIGHT TO
PROTEST OUR OPPRESSION. We are all stakeholders.
Unfortunately
SEX TALK is still considered a taboo in many African homes. Sex education that
encompasses sexual orientation won't be making it to Nigerian school curriculum
anytime soon, many African schools do not even teach EVOLUTION! In the
meantime, we try our best to positively influence policies, change laws and be
visible enough, so as not to be ignored or be told we do not exist. Discussions
and debates on social networks help take the education into people's homes. Let
us continue to break the silence.
The unbelievable response I got was-
“I'm not confident
that evolution should be taught in schools”.
(OK,
I must confess that at this junction I had serious doubt about the possibility
of having a logical debate with someone who does not believe evolution should
be taught in schools!)
She
continues- “My point from my words is that we start to infiltrate people's
thought space by showing them the very humanity they seek to deny others. Yes,
these social movements transgressed the written law, but people appealed to the
sensibilities of the common man. You annoy alienate the very people you wish to
win over. The education must come from many perspectives and in my opinion the
militant stance will only continue to cause strife & see blood shed. No one
need die over this, we have too many lessons from the past to learn from. Also
it's important that under the guise of being openly ourselves we do not
endanger others. No one wins that way. Discretion isn't such a bad thing, not
everyone need know who you take to your bed."
My response-
Evolution just like Gravity is a scientific fact. How do you teach SCIENCE in
schools without teaching its basic theory because it contradicts the teachings
of some cultures and religion?
Personally, I am not engaged in a war to win people over, World Wars and the
1948 declaration on human rights already did that for me since it asserts
unequivocally that ALL HUMAN BEINGS ARE BORN EQUAL IN RIGHTS AND DIGNITY. I do not intend to start another war before I assert that right. People
that still do not get this basic human right fact need to be confronted with
this unequivocal truth.
I do not demand DISCRETION from HETEROSEXUAL couples, why should ANYONE demand
DISCRETION from me because I am GAY, LESBIAN or BISEXUAL? I guess a TRANS has
no choice in this, by this theory, they should remain true to their birth sex so
as not to get anyone annoyed? Really? Well, I strongly believe that if I chose to kiss my same sex partner in
public just like every other heterosexual is allowed to, I should not be stoned for
that!
Do unto others what you expect them to do unto you. I refuse to be blamed for
the ignorance and intolerance of others and forcing me to be discreet in my
love life because of my sexual orientation is BLAMING and PUNISHING ME for the
ignorance of others. This is SIMPLY NOT ACCEPTABLE. BTW, if people do not wish
to know who I take to my bed, they should stop peeking into my bedroom and they
should stop legislating on my sex life. SIMPLE!
Her response-
" You may not, the
society does. Sorry to say but you're stance sounds a little selfish and
doesn't really account for the reality of the greater good of even this niche
in society.
(Err…I
must confess that at this point I realized I should have stopped any debate
with someone who does not believe evolution should be taught in schools!)
My response-
And
forcing Lesbians, Gays, Bisexuals and Transsexuals into the closet and denying
them the right to be themselves is NOT SELFISH? How does the society’s stance
of discriminating against LGBTs account for the greater good of "even a
niche" in this society? I really am failing to see your point here. Are
you calling me SELFISH for COMING OUT as a BISEXUAL and for PROTESTING for my
HUMAN RIGHTS? BTW, you said my stance sounds selfish and does not count, sorry
to wake you up but MY stance COUNTS because ONLY I get to LIVE my life and WE
all make up the society, not the other way round.
Her response-
" Dude, you know the issues
of same-sex/gender relations in Nigeria and I'll venture to say in other parts
of the continent is about more than just coming out. So you make you grand
stand, then what?! What options does the average young person outside of major
cities have? How does 'coming out' translate in local contexts. We mustn't be
short sighted and decide to with people's lives because of alphabets soup. I
knew who I was & who I like way before I heard of these foreign terms.
People continue to live even under the pressure of harsh laws. The question
becomes how to reframe the discussions privileging a rights based approach
& the need for access to basic goods and services. These are the stakes for
many Africans, not attaching a label to one."
My response-
Well,
for one, I do not identify as "Dude" so I will take it that the comment
was not addressed to me. Coming out is not about "making a grand
stand" like you unfortunately put it, it is about BEING OPENLY ME. Labels
are labels; it does not matter whether they are foreign labels or African
labels. Some of us do not wish to have labels FORCED on us whether by family
members, fellow Africans or well meaning foreigners, therefore we CHOOSE to
DEFINE ourselves. Identifying as a BISEXUAL is me defining who I am without APOLOGY,
because I got nothing to apologize for. If my definition of myself
inconveniences you, then YOU are the one with the problem, not me.
At that point I
followed it up with my classic poem ‘I am coming out’ and I got a terse “congrats”
to which I courtly responded , “Thank you”.
There are few
points I cannot but stress enough, these are:-
Coming Out is as much of a right as staying in the Closet.
We
all have a right to protest or not protest our oppression. The fact that I
choose to speak out against my oppression does not infringe on your right to remain
silent. I won’t force you to carry protests placards, please do not assume you
can force me to go into the closets.
Strategies
differ, respect my strategy and I will respect yours but do not force your
strategy down my throat.
Labels
do not cease to be labels simply because they are local labels. Gender and
sexual identification is a personal right, it is not the duty of a community
whether foreign or local, to force a label on anyone.
LGBTs,
especially African LGBTs, need to first convince themselves that LGBT Rights are Human Rights. It is not a rhetoric, it is not a slogan; it is a conviction. Any residue of doubt about the validity of the claim leads to
hesitation about standing up for your inalienable human rights.
I do not need the approval
of anyone before I stand up and assert my human right not to be discriminated
against based on my sexual orientation. My advocacy is about opening other
people’s eyes to this self-evident truth. It is my hope that other sexual
minorities would come to this self realization and stop apologizing for who
they are. Cultural Censorship has no place in a democracy and Culture should never be an excuse for victimisation.
