Should Africa Legalize Gay Marriage in Exchange For Economic Aids From The West?

Malawian Gay Couple Steven Monjeza (L) and Tiwonge Chimbalanga (R)

I wrote this story in May 2010 while working with the BUSINESS IN AFRICA magazine. I find it relevant to share once again, especially as the Nigerian Senate yesterday damned the threat of aid cut to the country by Britain and passed the Same-sex marriage (Prohibition) bill into law. The law criminalises same-sex relationships with 14 years jail term. Details of the law will be explained in later posts. Enjoy this first.

Although, the practice is foreign to virtually all African cultures and religions, the continent is facing a renewed pressure from the West to legalize same sex relationship. But, how ready is Africa to stand its ground against the onslaught given the subtle attempt by the West to tie economic aids to accepting homosexuality in some countries on the continent? Sulaimon Alamutu reports

Africa, many will agree, is a continent that holds dearly its treasured culture, which is by all standards unique. This culture though, may not be absolutely the same among all the countries on the continent; and even within a country a lot of cultures exist, there are similarities that differentiate Africans from other peoples of the world.

African culture has its own wisdom, insights and values that informed the way Africans live their lives. This fact underscores the widespread resistance across the continent against renewed effort by the West to impose and further entrench the culture of homosexuality hitherto alien to it.

There is no gainsaying the fact that the continent has suffered greatly from the influence of Western cultural imperialism which could be seen in the erosion of its once cherished values such as chastity, virginity and respect for elders, proper dressing, marriage and honesty. Under western influence, the traditional notion of chastity and virginity have been rendered unreasonable by western pornographic and sleazy materials displayed on screens, distorting sexuality and condoning promiscuity, which gave rise to active homosexuality and lesbianism the continent is contending with at the moment.  Any individual with an African eye today will agree that, the very material, spiritual and aesthetic base of African people had been destroyed by western civilization.

This is why the call against legalizing same sex relationship being advocated by the West is gaining ground. Currently, 38 of 53 African countries (approximately 70%) have laws criminalizing homosexual sex. In Uganda for instance, the war against gay marriages and other anti-nature marital relationships has just been pepped up with a bill that seeks to further impose harsh punishments on gays and lesbians. On 14 October 2009, David Bahati, a member of the Ugandan Parliament proposed the Bill titled the Anti-Homosexuality Bill 2009. The Bill widens the definition of homosexuality, and proposes severe prison sentences, and in some cases the death penalty for offences involving homosexual acts. Though, yet to be passed into law, the bill seeks to mandate a three-year prison sentence for any individual failing to turn in gay, lesbian, bisexual, or transsexual individuals within 24 hours.  It also proposes a prison sentence of up to seven years for any individual or organization “aiding and abetting” homosexuality. This includes organizations providing humanitarian aid to homosexuals, such as hospitals and clinics providing antiretroviral (ARV) treatment. The Bill also provides for the death penalty upon conviction of “aggravated homosexuality,” which refers to a number of behaviours, such as homosexual intercourse in which one partner is HIV positive. 

The wisdom behind Bahati’s Bill, many will agree, may not be detached from the need to protect the traditional African values of sanctity of marriage and respect for divine injunction. “Do not look at this bill as Bahati’s – this is God’s bill - this is not a physical fight, it’s a spiritual fight and God is using this bill to shake the foundations of sin in the world,” he said.

Expectedly, Bahati’s Bill has drawn widespread criticisms not from Ugandans but the West and some pro-gay groups across the Globe. US President Barack Obama described it as "odious” and US Secretary of States, Hilary Clinton declared that “we have to stand against any efforts to marginalize and criminalize and penalize members of the LGBT community worldwide. It is an unacceptable step backwards on behalf of human rights. But it is also a step that undermines the effectiveness of efforts to fight the disease worldwide.”  The UN Special Rapporteur on health, Anand Grover, said the Bill is not only a violation of the fundamental human rights of Ugandans, but will also “undermine efforts to achieve universal access to HIV prevention, treatment, care and support.” The Canadian Transport Minister John Baird was quoted by The Globe and Mail to have noted that: "The current legislation before Parliament in Uganda is vile, it’s abhorrent. It’s offensive. It offends Canadian values. It offends decency."

Interestingly, a 2007 survey conducted by the public opinion research firm, Steadman Group of Kenya had indicated that 95% of Ugandans view homosexuality as immoral. And this, obviously, is one of the reasons why, in Uganda at least, there has been widespread support for the Bill.

But beyond passing the ‘controversial’ Bill, the country’s President Yoweri Museveni, who had hitherto kicked against anti-homosexual tendencies in the Ugandan society, is distancing himself from the bill, obviously, after prolonged pressure from donor countries that have been pouring millions of dollars of aid into Uganda for years and their threat to cut ties should the legislation pass. Specifically, Sweden a major donor to Uganda’s budget and a staunch opponent of the bill has said it would withdraw the $50m (£31m) of aid it gives to Uganda each year if the measures become law. Germany has also made similar threat. Dirk Niebel, Germany’s Federal Minister of Economic Cooperation and Development said that financial aid to Uganda will be cut, stating that a stepwise plan for this has already been made.

Like many other African countries except South Africa, homosexuality is illegal in Eritrea. The Eritrean Penal code of 1957, which is an inheritance from colonial times, strictly prohibits "sexual deviations," among which is performing sexual acts with someone of the same sex. Homosexuality, described as "unnatural carnal offences" by the penal code, can be punished with imprisonment of between 10 days and 3 years.

Legalizing the act was out of question according to the Eritrean government.

At a recent UN review of the human rights situation in Eritrea, Rowland Jide Macaulay of the Canadian HIV AIDS Legal Network challenged the Eritrean government to "repeal all legislative provisions which criminalize sexual activity between consenting adults of the same sex."

But, Girmai Abraham of the Eritrean Ministry of National Development declared that the Eritrean government rejected the demand to legalize same-sex activity between consenting adults, which he said was "in direct contradiction with the values and traditions of the Eritrean people."

In Rwanda same sex relationship is also a taboo. There is a provision for punishment for perpetrators. “Any person, who practices, encourages or sensitizes people of the same sex to sexual relations or any sexual practice, shall be liable to a term of imprisonment ranging from five to ten years and a fine ranging from 200,000 to 1,000,000 Rwanda Francs.”

In Ghana, the government recently banned a conference for gay men and lesbians scheduled to take place in the country with a stern warning that it does not “condone any such activity which violently offends the culture, morality and heritage of the entire people of Ghana." Kwabena Bartels, Ghana Information Minister warned that disciplinary action would be taken if anyone was found to have contravened the law. He also declared: "Unnatural carnal knowledge is illegal under our criminal code. Homosexuality, lesbianism and bestiality are therefore offences under the laws of Ghana."

In The Gambia, homosexual sex is illegal and those convicted of consensual homosexual acts face jail terms of up to 14 years. Recently, two Spanish men accused of making homosexual advances to taxi drivers, were arrested according to the police.  The President Yahya Jammeh was reported to have threatened to behead gay people at a political rally and said they had 24 hours to leave the country. A number of homosexual men have fled to The Gambia from neighbouring Senegal after a crackdown there following arrests at a "gay wedding" in February.

As obtained in The Gambia, homosexuality is illegal in Kenya and punishable by up to 14 years in jail. Five people were arrested for planning a "gay wedding" north of Mombasa in March. They were later released for want of evidence.

In Africa’s most populous Country, Nigeria, homosexuality is not only illegal but highly detested by a large proportion of the population. Apparently in response to the desire of many Nigerians, the country’s National Assembly has been debating a bill that seeks to criminalize same sex relationships and other related behaviours.  Titled "Same Sex Marriage (Prohibition) Act", the bills makes provisions for imprisonment for anyone who speaks out or forms a group supporting lesbian and gay people’s rights, and also silence virtually any public discussion or visibility around lesbian and gay lives in Nigeria.

It also imposes a five-year prison sentence on anyone who "goes through the ceremony of marriage with a person of the same sex." Anyone, including a priest or cleric, who "performs, witnesses, aids or abets the ceremony of same sex marriage," would face the same sentence.

Also, anyone "involved in the registration of gay clubs, societies and organizations, sustenance, procession or meetings, publicity and public show of same sex amorous relationship directly or indirectly in public and in private," would be subject to the same sentence.

The bill has been widely condemned, again not by Nigerians, but the West! The New York-based group Human Rights Watch (HRW) issued a strong-worded protest against what it called "sweepingly homophobic bill".  According to HRW's Scott Long, "this law strikes a blow not just at the rights of lesbian and gay people, but at the civil and political freedoms of all Nigerians. If the National Assembly can strip one group of its freedoms, then the liberties of all Nigerians are at risk."

"Provisions of the draft bill discriminate against a section of society, are an absolutely unjustified intrusion of an individual's right to privacy and contravene Article 1 of the Universal Declaration of Human Rights," says a panel of UN human rights experts in an assessment.

The questions to be provided answers here are that should homosexuality be recognized in Africa on the basis of protecting individuals’ personal rights to privacy and freedom of association? Apart from HIV concerns and human rights ‘violation’, are there any other social implications for not legalizing homosexuality?

Uganda’s Bahati believes the phenomenon should not be recognized as a right. "Here, we don't recognize homosexuality as a right. We are after the sin, not the sinners. We love them - and we want them to repent and come back," he says.

Adding, "It's not an inborn orientation, it's a behaviour learnt - and it can be unlearnt. That's why we are encouraging churches and mosques to continue rehabilitating and counselling these people."

Speaking in the same vein, Uganda’s Ethics and Integrity Minister James Nsaba Buturo has stated repeatedly that Uganda will never embrace homosexuality or even acknowledge it as a human rights issue. His comment came on the heel of a call at the Commonwealth meeting in November 2009, where several Western leaders urged President Museveni to consider the dangers the proposals could pose to Uganda's rights record.

All members of the Inter-religious Council of Uganda (IRC) have recommended that the government should cut diplomatic ties with countries that want Uganda to accept homosexuality.

Many on the African continent are agree on the fact that Homosexuality is a Western import that must not be allowed to gain prominence. Even with the threat to cut economic aids, Africa can still preserve its values by properly harnessing and using its abundant natural resources to sustain itself economically. Western civilization is not totally harmful to African values, in fact it has done great good to Africans, but the continent should not sacrifice its cherished culture and true identity on the altar of total economic exigency.