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Real African Model - People & Places
Peter Wickham
March 09, 2005

http://www.nationnews.com

The local morality debate which has taken place in these pages and in the electronic media has not abated over the last few weeks and during the course of last week, two very important contributions were forthcoming from Mr Maxi Baldeo and Dr Peter Laurie.

The former’s contribution identified the irony of a female member of the religious right condemning "un-biblical" behaviour and forgetting that her leadership role in the Church is in conflict with the same Bible.

The contribution made by Laurie sought to properly contextualise the debate. He drew reference to a quote in which the words remind us that religious intolerance that starts by oppressing homosexuals can end in genocide.

In a related discussion this week, it was suggested that_I consider the constitution of the new South African republic and the manner in which it treats minorities and protects human rights.

To be sure, this "model" should be a central lesson to all of us since South Africa has recently emerged from the most vile form of oppression based on race and it is clear that this republic has learned important lessons about the need to protect human rights.

Nelson Mandela has become one of the foremost advocates for tolerance and this principle has informed their constitution.

Sec. 9:1 of the South African constitution states that "everyone is equal before the law and has the right to equal protection and benefit of the law".

This "equality includes the full and equal enjoyment of all rights and freedoms" (2) and in order "to promote the achievement of equality, legislative and other measures designed to protect or advance persons, or categories of persons, disadvantaged by unfair discrimination may be taken". It continues and establishes protections for vulnerable persons.

In this regard Section 3 states that "the state may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth" and Section 4 emphasises that "no person may unfairly discriminate directly or indirectly against anyone on one or more grounds in terms of Subsection (3). National legislation must be enacted to prevent or prohibit unfair discrimination".

There can be little doubt that this is an extremely comprehensive set of rights that the South African state has recognised, when one considers the level of intolerance that Africa has become famous for.

Ironically, frequent reference is made to the African model in relation to the fight against AIDS and this model does little to address the intolerance that simmers in our societies.

In direct contrast we have the model which prioritises human rights and dignity and appreciates the diversity that is a reality of every civilised and modern society.

In a related ruling that struck down one South African sodomy law, the court argued that "even if there were people with strong values opposing such conduct, these values had to take second place to those enshrined in the South African constitution".

Hence you are free to maintain and promote your beliefs, but the courts will consider the constitution sacrosanct.

The traditional African approach to such matters is embodied in the words of President Mugabe who has virulently denounced homosexuality. He said, "Let the Americans keep their sodomy, bestiality and foolish ways to themselves . . . But in Zimbabwe, gays shall remain a very sad people forever."

It is sad that for many of us in the Caribbean this appears to be the appropriate model, since we do not appreciate that Mugabe’s attitude towards homosexuals is associated with his attitude towards minorities in general. We don’t understand that he can justify oppressing homosexuals as easily as he can justify oppressing white people.

We, however seek to condemn one and excuse the other and appear not to understand the inherent hypocrisy in this.

We can only hope that it will not take the imposition of an apartheid regime in this country for us to appreciate the need to embrace diversity and protect the rights of minorities.

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