It’s no coincidence that during his Governorship of Zamfara, Sani Yerima who has a habit of marrying underage girls, instigated and championed the implementation of Sharia law in his state where marrying girls as young as 11 is common place. Why is a Senator who is a serial rapist and child trafficker, walking around as if nothing has happened? Why is he not being called to account in the Senate as well as being charged with rape? Because like elsewhere in the word but more so in Nigeria, the rich are above the law particularly if they are also politicians and because there is still a culture of protecting pedophiles and blaming the children.

Women Empowerment and Legal Aid [WELA] is demanding that the Federal Government arrest and prosecute Yerima for trafficking but not for forced marriage and rape. Why – because Yerima married the young girl under Sharia law and the age of consent in Nigeria remains 13. This is so typical on all levels. No one has the guts to come out name the man and his crimes and challenge a law, religious or otherwise, which violates the rights of children as agreed by all international and African human rights legislation including Nigeria’s Child Rights Act 2003.However although the Act is enforceable at Federal level only 16 of the 36 states have passed the Act leaving millions of Nigerian children without any protection.

Nigeria has been unable to deal with several issues hindering the protection rights of children such as children living on the streets, children affected by communal conflict, drug abuse, human trafficking and the weaknesses of the juvenile justice system amongst others.

In 2005, The Supreme Council for Shari’ah in Nigeria (SCSN) made an official protest against adopting the Child Rights Act and again in 2008 the Kano House of Assembly said the Act was against the religion and culture [of the north].

Gafasa, in an interview with THISDAY, also said that the Act is ” Against the wishes of Kano and entire Northern part of the country as its against our religion and culture”

Whilst I have no time for Gadaffi and believe he should shut up and stop interfering in Nigeria’s internal politics, maybe he did have a point after all in calling for a Nigeria to be split in two since the Sharia states have a law onto their own and refuse to accept international, African and Nigeria human rights laws or acknowledge the Federal penal code.

The WELA and other rights organisations should be campaigning for an open discussion on the age of consent which should be raised to 16 and forced marriages to be made a criminal offense. Civil Society and Pro-Democracy groups are so focused on party politics and corruption whilst religious groups are busy moralising and ranting against homosexuality. The two issues are the rights of children and secondly the fact that at this moment there are two Nigeria’s – the northern Sharia states and the rest of the country and the former is increasingly removing itself from the Federal structure and picking and choosing which Federal and international laws it will uphold and those it will ignore.

Cross-posted here.

One of the those presenting the Petition, Kasha Jacqueline of FARUGANDA was shocked by the response of the Speaker who is supposed to be independent.

“[The] Speaker of Parliament insists that the Bill shall not be withdrawn,”We might reduce the punishments, but it cannot be go out the way it is, it has to go through procedures and also the MP who tabled it is the only one who can withdraw it” he said . So guessing that they are insisting on just “softening” it. I cannot believe this.”

By stating the Bill shall not be withdrawn, the Speaker, who is supposed to be independent and not give opinions, is clearly showing his support for the Bill. The Bill will now go back to Parliament for a second reading and then on to the Legal and Parliamentary Committee where there will be an open discussion with the public which will include lawyers acting for the activists and civil society organisations. This will be a further opportunity to challenge the legality of the proposed Bill and to put further pressure on Parliament to abandon it altogether. It will then return to Parliament for a third and final reading and a vote.

There are signs of withdrawal of at least some aspects of the Bill, particularly the death penalty, though even if that is dropped the Bill in any form is still a violation of all national, continental and international Human Rights treaties and legislation to which Uganda is a signatory.

I think the speaker and the government have put themselves into a corner now and they are panicking. They thought it would be a political game in their favor but it turns out now they are between a rock and sand. They have to amuse the voters and at the same time they need funds to run the country. Now they must be thinking what a blunder they made, that’s why even Bahati and Ssempa are silent…… Kasha Jacqueline

However the voices of hate are still being heard in old and new places such as this comment by in the Ugandan Observer

I personally feel gays or homos have a mental problem. I’ve even failed to imagine how they do their thing. I often pray that this debate should come to an end because the more we talk about it the more silly arguments in favour of it will always be raised by the Mwendas and Nagendas of this world as our children are listening.

Human rights activists like the (Dr. Sylvia) Tamales should know that rights are a creation of man and you cannot have rights where there is no life, a [situational] trend the gays are heading to…….
But when all is said and done, [I submit that] gays should suffer death not only by hanging but also by stoning at a public marketplace. The alternative for them is to seek medical attention; a mad person cannot claim the right to be mad. I will end by saying: Bravo Bahati, bravo Dr. Buturo!

At particular risk if the Bill is passed, in any form, are the frontline defenders like Kasha, Frank Mugisha of SMUG and Bishop Christopher Ssenyonjo who has long been a ray of hope and light in the Ugandan church. [The Bishop took part in the Sexuality and Social Justice Portrait and Testimonies project at the 2007 WSF - listen here] Last week a ground-breaking exhibition, Proudly African & Transgender, by South African artist and activist for social justice, opened at Amnesty International in Amsterdam [See here for portraits and testimonies]. The exhibition is extremely pertinent to the Bill as three of the Transgender activists – Victor Mukasa, Salango and Nikki Mawanda and Julius who identifies as Transgender and Intersex, are also Ugandans who are highly visible and have consistently put their lives on the line. The fact that transgender people are targeted to the same degree as gay and lesbians in this Bill means they too would be amongst the first to be arrested by the government. Victor Mukasa highlights the point that transgender people are what society perceives as the obvious homosexual even if they do not identify that way simply because they are visible and clearly transgressing with gender.

My experience as a transgender person in Uganda is not a sweet story. In short, a transgender person in Uganda is constantly surrounded with ridicule, mockery and abuse. For most Ugandans, any person that expresses “him/herself” as the opposite sex is a homosexual and so this exposes transgender people to all the mistreatment that they would love to give to a homosexual. All transgender people are seen as the obvious homosexuals. Therefore, on top of all the transphobia, there is homophobia even if you are not gay. For the case of Uganda, you can imagine the level.

The implications of the Bill and the denial that MSM (men who have sex with men) exist in Uganda are also preventing access to HIV/AIDs information and treatment. NGOs who support LGBTI groups and HIV/AIDS organisations are also at risk from losing their NGO status within the country because of the association of HIV/AIDS with gay men. People live in fear of being identified as being gay so they do not want to be tested or be seen to be attending clinics and groups which provide support. The bill is creating an environment of fear and hostility in Uganda which ultimately will permeate the lives of everyone. The government and religious institutions are playing a game of political Russian roulette by presenting the Bill as being directed at LGBTI people and driving a campaign of hate. At some point soon, I hope Ugandans will wake up to the fact that that a Bill which refuses the human rights of LGBTI people ultimately rejects the rights of all Ugandans whatever the gender identity, sexuality or sexual preference.

Sign the petition to oppose Uganda’s anti-gay law.

Petition the Prime Minister to pressure the Malawian government to free Steven Monjeza and Tiwonge Chimbalanga who have been imprisoned for a same sex marriage – Sign the petition here.

I’m writing this post in response to number of articles on the prevalence of homophobia in Africa and to try and give some perspective and historical context.     In the last six months we have seen the expression of homophobia with the Ugandan Anti-Homosexuality Bill; the arrest of gay Malawian couple, Tiwonge Chimbalanga and Steven Monjeza, for getting married;  most recently the appointment of homophobic journalist,  Jon Qwelane as South Africa’s ambassador to Uganda.   All of these are well documented so I’m not going to go into detail.   What I think is important, particularly with regards to the Ugandan Bill and the homophobic campaign that preceded it, is that it has been successfully internationalised by LGBTI activists on the continent, many who have put their lives at risk in letting us know what is happening.  [For the best in depth and regularly updated commentary and analysis on Uganda, see Gay Ugandan].  The international response has been impressive,  though as this report shows not wholly reliable. Religious leaders, government ministers, international human rights organisations and bloggers condemning the Bill.  The disgust around the Bill, has to some extent forced Ugandan President Museveni to retract the worst aspects of the Bill – the death penalty.  However I wouldn’t trust him as far as I could throw a piece of paper and the pressure to drop the Bill completely will need to be maintained.   Fro example the  “million person Anti-Gay march” is  still planning to go ahead in Kampala next month.

Uganda’s National Pastors Task Force Against Homosexuality*, chaired by Ssempa has resolved to support the Bill with amendments that include reduction of the sentence from death penalty to 20 years for aggravated homosexuality and the inclusion of a provision of “counseling and rehabilitation  [by the church] to persons experiencing homosexual temptations.”

Ssempa maintains that homosexuality is illegal, breaks the laws of God and that it breaks the laws of nature which stipulate that a male goes with a female. According to him it is a Taboo for same-sex people to be in relationship and he basis his assertion on African culture, tradition and Religion.

The Ugandan Bill has also exposed the working relationship between some Christian fundamentalist churches in the US, in particular the organisation known as “The Family,” and religious leaders in Uganda.   The ideology behind the  “The Family” appears to be about power and influence as well as religion – and the poor will not be the ones to  inherit the earth if they have anything to do with it.

The case of the gay Malawian couple  gives us an idea of what will happen if the  Ugandan Bill is passed only it would be worse, much worse.  They have been denied bail and if found guilty could  face up to 14 years in prison.    On Friday I spoke with Cameroonian LGBTI activit, Joel Gana of “African Men for Sexual Health & Rights,  who along with Victor Mukasa of SMUG and  IGLHRC are in Malawi to give personal and strategic support to Tiwonge Chimbalanga and Steven Monjeza.   In addition there are a number of other human rights defenders who have been arrested or whom are wanted by the police.

Although there is no doubt a long struggle ahead for the couple we were both reminded of the case of the Cameroonian nine who were arrested on 21st May 2005 on charges of sodomy.  After a 12 month campaign by human rights defenders / LGBTI activists across the continent the men were released and acquitted without charge.  The case of the Cameroon nine went along way to solidify the movement as Joel pointed out.

The case in the Cameroon helped solidify the movement and this could happen here.  The movement is not out but it could do the same.  Because you know the organisation in Cameroon came out of that movement to fight for the rights and thats how the “Alternative Cameroon” was founded and why they are so strong now.

There have been other victories over the past five years.   The two Nigerian Bills – the Same Sex Marriage Bill and the The Same Gender Prohibition Bill have both been shelved despite the backing of both bills by religious leaders such as the Nigerian Anglican Primate, Bishop Peter Akinola.   This is not to say they will not rise again especially if the Ugandan Bill gets passed but preventing both of them from being passed was a victory for Nigerian and international human rights activists.    In December 2008, after three and half years, Ugandan activist, Victor Mukasa won his case against the Ugandan attorney general

From the momentum created by the Ugandan LGBTI Human Rights Court Case, the numbers of people involved in advocating for the protection of the basic human rights of LGBTI people have continued to grow in Uganda. Although the 30-day “Let Us Live In Peace” Ugandan LGBTI Human Rights Media Campaign led by Sexual Minorities Uganda in August and September 2007 was met with great controversy and hostility, greater awareness and understanding of the need for protection of the basic human rights of kuchus was built among large segments of the general population in Uganda. Publicity around one of the key aspects of the case, inhuman treatment and discrimination based on gender identity, has helped to foster openness and courage in many transgender individuals in Uganda.

In September 2009, Eudy Simelane finally received a measure of justice after her murderer and rapist was found guilty and sentenced to life in prison.   However, two other men involved in the crime were acquitted on the basis they were there but did nothing,  a judicial position which campaigners will be working towards changing.  The campaign around Eudy’s trial was not an easy one and was fought with very little resources despite the international media interest in the crime and trial.

It’s a relief for everyone – family and friends of Eudy to have finally received justice. The campaign around Eudy’s case has been central to raising awarness of hate crimes against lesbians in South Africa and for that we must acknowledge the work of The Lesbian and Gay Equality Project and it’s director, Phumi Mtetwa who worked tirelessly to make sure the case was given the highest possible profile. Recognition must also go to all the friends and supporters who attended the court hearings despite the lack of funds to transport and accommodate them during the endless postponements and delays.

Most recently in Decemeber last year,  the Rwandan government changed it’s mind on the proposed Anti-Homosexuality Bill with the Minister for Justice following pressure from African and International LGBT organisations declaring.

“The government I serve and speak for on certain issues cannot and will not in any way criminalize homosexuality; sexual orientation is a private matter and each individual has his or her own orientation – – this is not a State matter at all,” said Karugarama.

The Ugandan Anti-Homosexuality Bill remains in place.  it will set a dangerous precedent across the continent if it gets passed on any level let alone with the death penalty.   It could influence and encourage those behind the Nigerian Bill as well as the governments in Gambia, Senegal, Malawi, Kenya and Zambia which have all taken a draconian stance towards same sex relationships in their countries.   What I wanted to do in this post, was to also return  to and  emphasise some of the victories African LGBT activists have achieved over the years – sometimes on their own with very little resources, sometimes with the help of international human rights organisations.
Links:

Boycott the 2010 World Cup

Open Letter to President Zuma

Statement by Equality Project

Statement on Gender & Sexuality – South Africa

Many among us in Nigeria accept that gays deserve punishment or at least live sinful lives. Others would take the extra step and say that people who are known to be gay do not deserve the same consideration, the same rights, as those among us who are not. This bill comes from the latter view, and this thinking has been allowed hegemonic prevalence. It has been maddening to read report after report on the issue and hear people talk about it without pointing out the most basic problem, which is that this bill refuses to acknowledge the very humanity of gays and that it threatens their human rights.

Curious about the bill’s intentions, I read the memorandum (it’s linked above, with the rest of the bill) where the member of Ugandan parliament Hon. David Bahati explained why he was putting this bill forward. The meat of it:

“The Bill aims at strengthening the nation’s capacity to deal with emerging internal and external threats to the traditional heterosexual family.

This legislation further recognize the fact that same sex attraction is not an innate and immutable characteristic.

This bill further aims at providing a comprehensive and enhanced legislation to protect the cherished culture of the people of Uganda against the attempts of sexual rights activists seeking to impose their values of sexual promiscuity on the people of Uganda.

There is also need to protect the children and youths of Uganda who are made vulnerable to sexual abuse and deviation as a result of cultural changes, uncensored information technologies, parentless child developmental setting increasing attempts by homosexuals to raise children in homosexual relationships through adoption, foster care, or otherwise.”

What one notices is the repeated attempts to ‘otherize’ gay people. If gayness is “not an innate and immutable characteristic”, but is one that presents an existential threat to the “traditional family” and the “cherished children of Uganda”, then it stands to reason that gayness must come from an exogenous source. Surely, these “uncensored information technologies” (i.e. porn) is a creation of people– yes, people– and it surely had to have crossed someone’s mind for it to gain such audience! If people, and from anywhere who are not any less people as the average Ugandan, are not the source of this homosexuality, then what? A pill? A food? Who created it? How do we know where “the gay” comes from? If we do know and we choose to take homosexuality as illness, then that is a different matter. But no, homosexuality here is presented as a faceless evil that haunts flesh. If you say that children and families need to protected from the gays, you are then implying that the threat does not come from within, but from without. These gay forces lurk somewhere beyond the realm of society, waiting for one to stray outside the pack before they pounce into innocent bodies that they may dwell and infest and become legion. The gays are Lazarus, and since there is no Jesus among us who has been successful at casting out this most cursed legion from innocent bodies, then perhaps it would be best to just discard of these bodies that host this evil in its entirety, with the State doing the honors, acting as our prophet. In this belief lies the link to the brand of Christianity espoused by many among the population of many an African nation. We have somehow planted the seed of this kind of illogical thinking everywhere, and it’s troubling.

Also troubling is that if you have to protect “the cherish culture of the people of Uganda” from homosexuality, then you are implying that Ugandans can’t be gay, which– not to be glib, but still– means that this bill is unnecessary for Ugandans. For if these people cannot be both Ugandan and gay, then why the need to create a bill that prohibits something that does not already exist?

Law, after all, works with the help of precedent to ensure that best practices are put in place for all known circumstances. We have laws that deal with criminal acts like murder, but we do not have any immigration laws that deal with extraterrestrial aliens coming into our countries, for example, because that has not happen before, nor do we expect that ever to happen. But can what is being said here be much darker? Are they insinuating that gays are not citizens? If one takes takes this line of thinking to term, and in as young a country as all African countries are, this can set a bad precedent for human rights within the population and for whichever minority a government may choose to disenfranchise next.

I will not argue as to whether or not being gay is a sin– beliefs by their very nature are not to be reasoned out because they cannot be proved– but I will argue that gays are human beings. Another hidden theme here is that when we human beings commit human sins there need not be a call for our death. But homosexuality is so egregious because it belies our humanity. Humans don’t act that way. If they were considered fully human and their sins on par with other human sins, then two consenting adults having sex– not one raping the other, not one imposing him/herself on someone who does not have the power to consent, not one having sex with animals who do not communicate as we do and therefore cannot consent– might raise an eyebrow, but not a call for their heads.

I find the racist-tinged comments of the factory owner distasteful, to say the least. The money paid out to governments by Chinese companies is not for development – anybody who has followed the discourse on aid knows that much; the stuff of development is employment. It is when people have the dignity of earning their own wages, of being able to provide for their families, that one thinks of development. It is extremely dissatisfying to note that Chinese companies are allowed to bring in their labour from China, even the unskilled ones.

What could one expect? On the larger scale, I would not really expect much of a change in Chinese activities in Africa. After all China’s growth, which feeds much of the world’s appetite for cheap goods, has to continue to be fuelled by raw materials, even in a post-recession world. And producers of Chinese cheap goods have to continue looking for new consumers, hence Africa. What one would hope for is that African governments are smart enough to get better deals for their citizens.

But then, this assumes that the people who run African governments consider the interest of their citizens. This is one issue in which one would have to wait and react to each situation as it arises. General statements that are couched in moralistic terms confuse much more than the sentiments that back them might intend.

One must however note that things are gradually changing. A colleague who does research in Angola says that there are now provisions that foreign companies operating in Angola have to employ Angolans, not only for low-skilled works, but also in managerial positions. What I still do not understand is why Chinese companies are allowed to bring in unskilled labour. That truly baffles me.

However, of all the considerations of Sino-African relations, the level at which I find it most interesting is the level at which Chinese and African individuals meet and interact – or not. While I was doing research in Benin, I saw many Chinese traders who have very little interactions with Beninese people. There are some who have lived in Benin for five year but speak no French. I see how Chinese store owners bring their Chinese workers with a bus to the shops, bring them home-cooked Chinese lunch at work, and generally frown at anything outside simple buy and sell interactions with Beninese.

My opinion is that things will change over time, as the Chinese find that they are not just in Africa for a few years, and that they might end up staying for longer than they initially thought. One sees these days, for instance, that Chinese businessmen are not just in the construction, extractive and financial industries, but also trade. I would be interested in knowing how this relationship changes and develops over the next few years. It sounds like a great Ph.D topic. Any takers?

Say you’re one of them is a collection of short stories written by Father Uwem Akpan It won this year’s commonwealth writer’s prize. When I first saw the title, I thought it had got to be about child witches, particularly as Father Akpan is from Akwa Ibom state. It is not, it is about child abuse in different forms and in different parts of the continent. But I haven’t stopped thinking about the title, and in my head insisting that the book should have been about child witches, it is a perfect title, a perfect description of these horrendous act committed on children.

Say you’re one of them, this is what the pastors ask the children to say, they are forced to admit that they are witches or face dire consequences. And so children that they are, trusting that adults can only mean well, admit that they are witches so that they may be freed, but instead they are thrown into the lake of fire.

I first read about the Akwa Ibom child witches on Jeremy’s blog. I thought it was the usual western propaganda so I dismissed it. Then I read it on Headandaround’s blog and I know her to be very thorough so I thought there had to be some truth there. And there was.
Some children in Akwa Ibom, mostly Eket and Oron have been labelled witches by some men parading as pastors. These pastors often require a certain amount of money to deliver these children. The amount can range from NGN50,000 to NGN250,000. In a predominantly civil service state, this money is hard to come by forcing parents to abandon their children in fear of the havoc an undelivered child may cause in the home. The abandoned ones may actually be the more lucky ones as the ones who can afford to be delivered are taken through an atrocious routine of beatings, starvation etc. The parents pay money to get their children flogged.

On the part of the pastors it is sheer greed mixed with a criminal mind. It is business, pure and simple. A means to make money. Deliver your children and you will be free. All your problems will end. On the part of the parents, it is ignorance, foolishness, poverty. There is a high level of illiteracy and poverty in Akwa Ibom state, the people are desperate for something, anything and so these men have provided them with the solution. We have always believed in witches in Akwa Ibom state, probably more than any other part of Nigeria, if you have an accident, it’s witchcraft, even if the driver was drunk, and if you die during childbirth, it’s witchcraft too, never mind that there was no mediacal aid available. And so it’s easy for the ‘pastors’ to take advantage of an already polluted mind.

Unfortunately, the situation hasn’t generated as much coverage on blogville as one would have thought. Initially several bloggers covered it but it has died down. Perhaps people are too shocked to speak. But Jeremy has been consistent. I am not a big fan of his but on this one, I doff my hat for him. He has followed the progress of Stepping Stones Nigeria and CRARN(the NGO’s working for the children) closely. Recently there have been several attacks on them but thankfully the government intervened.

It may take a long time, but the child witches will eventually become child leaders through everyone’s collective effort. The ‘pastors’ will be brought to book but more importantly, my people need an education as only knowledge can truly set us free.