I must confess dear reader; I used to be very homophobic. I used to have issues with gay men that is, Men who have sex with other men (Commonly referred to as “Matanyola or Maotwana in Setswana). I used to find that disgusting as to why Men would have sex with other Men. I actually used to bleksms gays when ever; I would see them displaying their affection publicly. I just used to moor them for fun, young and old. However, my position changed when I was studying for International Health Policy and Management in the United States of America, in Boston, MA. I am now born again as long as they respect my space, Unlike, President Robert Mugabe, who once called David Cameron satanic for backing gays and said that homosexuals were worse than pigs and dogs, I do not hold that view.
The International Day against Homophobia and Transphobia, observed each year on May 17th, aims to draw attention to the violence and discrimination against lesbian, gay, bisexual, transgender and intersex (LGBTI) people experience globally. Never before have the concerns of LGBTI communities globally and Botswana not being an exception been so visible. LGBTI people in many countries are increasingly speaking out about their challenges surrounding safety, health, justice, inclusion and human rights. While we celebrate this progress globally, there is need for a call and attention to the lack of response from public policy agenda especially in the country.
LGBTI people too often are excluded from legal protections, rejected by families and communities and lack equal treatment in schools, workplaces, health care settings and the streets. Multiple forms of discrimination increase their social exclusion, affecting their mental health and vulnerability to sexual and gender-based violence, HIV, other sexually transmitted diseases and other violations to their right to the enjoyment of the highest attainable standard of health, which creates barriers to universal health.
The bigger question is, has Botswana come to accept that there are indeed Men who look at other Men as sexual partners, (Banna baba robalang ba nna ba ba bangwe kgotsa banna ba ba robalwang ke banna ba bangwe}, banna ba “Matanyola” or are we in denial?
The Global Commission on HIV/AIDS and Law has in the past years started conversations that are often perceived as a taboo and highly sensitive in African culture and custom. They called for explicit decriminalization of sodomy and have shown sympathy to Men who have sex with other Men. Spearheading the initiative in Africa is the “Champions of HIV/AIDS, with former president Festus G Mogae responsible for the Botswana chapter.”
In November 2006, for instance, Human Rights gurus held an experts meeting at Gadjah Mada University in Yogyakarta, Indonesia. It is at this meeting that the “Yogyakarta Principles were adopted with the primary objective being to address a broad range of human rights standards and their approach to issues of sexual orientation and gender identity. These principles stated that all human beings are born free and equal in dignity and rights. That all human rights are universal, interdependent, and indivisible and interrelated. The principles further recognize that sexual orientation and gender identity are integral to every person’s dignity and humanity and must not be the basis for discrimination or abuse. The principle provides that everyone is entitled to enjoy all human rights without discrimination on the basis of sexual orientation or gender identity and that everyone has the right to recognition everywhere as a person of diverse sexual orientation and gender identity.
The Yogyakarta principles can be argued to have opened up conversation (s) to issues that are considered as highly sensitive especially in Africa, where culture, customs and norms take centre stage whenever issues of this nature are discussed. They are considered as disgusting and highly immoral with some positing that discussions of this nature are ways to open flood gates of sodomising Africa and introducing Western disgusting cultures where women have sex with other women and vice versa with biblical connotations of Sodom and Gomorrah.
In most countries, several studies have begun to show homophobic and transphobic. Intersex people are subjected to sex or genital reassignment surgeries without their consent and most of these procedures cause irreversible damage. Because of their increased vulnerability to violence and other forms of persecution, LGBTI people are at heightened risk of forced displacement. HIV statistics also tell a story of deep vulnerability.
Many advances have been made toward ensuring that people of all sexual orientation and gender identities can live with equal dignity and respect to which all persons are entitled. Many governments now have laws and constitutions that guarantee the rights of equality and non discrimination without distinction on the basis of sexual orientation and gender identity. Nevertheless, human rights violations targeted towards persons because of their actual or perceived sexual orientation or gender identity constitute a global and entrench pattern of social concern.
LGBTI Rights and the 2030 Agenda for Action
The Sustainable Development Goals provide a roadmap for the community of nations to end poverty, hunger and inequality; improve access to health and education; and achieve peace and justice for all. It is impossible to achieve equitable societies if segments of our populations are deprived of their human rights, dignity and opportunities that are to be universally accorded to everyone, and upheld by State and non-State actors. The United Nations Member States recently gathered in New York at the High Level Meeting on HIV to articulate a Political Declaration to commit to ending the AIDS epidemic by 2030. That presented a critical opportunity to ensure that efforts to end AIDS leave no one behind.
ÔÇó It is important to remove laws and policies that discriminate on the basis of sexual orientation, gender identity or gender expression and to pass laws and policies that ensure equal access to education, employment, health, housing, social protection and justice.
ÔÇó It is critical to uphold the rule of law by investigating, prosecuting perpetrators, and providing redress for the victims of sexual and gender-based violence and discrimination, as well as providing protection to those who have been forcibly displaced due to LGBTI- related persecution.
ÔÇó Education sectors should strengthen their response to school violence based on sexual orientation and gender identity/expression through documentation of the problem, appropriate policies addressing discrimination of all kinds, teacher training, curricular reform and services for affected students.
ÔÇó The health sector should enhance equitable access to all healthcare services for LGBTI people.
All public policy development should include the active and meaningful participation of LGBTI people. Civil society, faith communities, the media and LGBTI networks and people themselves. There is therefore a need to de-colonize the law in Botswana and provide frame work for acceptance and recognition that there is practice of sodomy in Africa and Botswana not being an exception, despite our hate, labeling and denialism.
There is widespread, sexual colonialism that has presented itself as a problem that some lesbian, gay, bisexual, and transgender (LGBT) activists have identi´¼üed as blocking demands for gender and sexual minority right. In most cases we hide behind issues of African culture and custom.
Are we ready to de-colonize our minds? And move away from political homophobia, such as the famous statement made by former President Mogae (Mo-High), that he is heterosexual and not gay.
*Thabo Lucas Seleke is a researcher in Health Policy& Health Systems strengthening
