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GALZ response to the ZLHR HIV/AIDS Charter at its launch, 27th May 2006
Gays and Lesbians of Zimbabwe (GALZ)
May 31, 2006

The Zimbabwe Lawyers for Human Rights HIV/AIDS Charter being launched at this meeting is a fine document expressing numerous noble sentiments, many of which have been reaffirmed today…

… But

I am embarrassed that our distinguished keynote speaker from South Africa, Justice Edwin Cameron, an openly gay man who is also public about his HIV-positive status is probably going to point out the total silence in the charter on the issue of same-sex sexual relationships.

I apologise for any faltering on the part of GALZ but I should emphasise that, although we were invited to be part of the process, I see no reference even to Men who have Sex with Men in the charter; neither do I see the name GALZ in the list of consultants.

Nevertheless, with or without our involvement, matters pertaining to human sexuality, including that of sexual orientation, should be embedded in any meaningful human rights document especially one which purports to be in support of the rights of people living with HIV and especially one intended as a guide in a country where the recognition of sexual rights is minimal and the rights of homosexuals are purposefully infringed.

I hear of repeated accusations about Goddard banging on about his issue and that I am constantly putting it in people’s faces. In response I would say that, by now, ten years after GALZ came to public attention, it should be automatic that we are visible in every human rights document: we should, by now, be normalised within the human rights discourse in this country.

To be more specific, the human rights protection of homosexuals under this charter cannot be assumed. Gay and lesbian people are too easily overlooked when it comes to talking of oppression, freedom of expression and the right to receive and impart information, protections which we have heard reaffirmed today. It is why sexual orientation needed to be specifically mentioned in the South African constitution to prevent any doubt or ambiguity when it came to interpretation of the law. This is precisely the argument of our keynote speaker who was deeply involved in ensuring the magic words ‘sexual orientation’ in his country’s new constitution.

The charter vaguely alludes to prisoners but their right to condoms is deliberately skirted over despite the fact that ZACRO is included in the list of consultants. Our parliament has refused this basic right because it claims that sexual relations between men are ‘against the culture’ and that they would be ‘promoting criminal activities’. This erroneous and dangerous policy needs to be directly challenged and an HIV/AIDS charter is an obvious starting point.

There is narrow mention of disadvantaged communities only in reference to rural communities: there is mention, too, of the need to abandon harmful traditional values but the only vulnerable communities highlighted, in this regard, are women and children: there is no mention of Men who have Sex with Men, sex workers or lesbian women who are denied the right to bodily integrity and are forced into marriage and into bearing children and whose vulnerability to HIV is, therefore, heterosexualised.

Our President is on record as saying that everyone in Zimbabwe has human rights – except gays. ZLHR is proud of its slogan but perhaps this should also be amended to ‘Fostering a Culture of Human Rights – except for gays’.

GALZ pledges to provide any and all support required by ZLHR to make the necessary revisions and additions to the ZLHR HIV/AIDS Charter to ensure that lesbian, gay, bisexual and trans people find their rightful place in this worthy document and are visible and that our right to equal protection is acknowledged and guaranteed.

Keith Goddard
Director, GALZ

Postscript
Justice Edwin Cameron did, indeed, point to the absence of any mention of sexual orientation in the charter and also its silence around anything to do with sex.

Following discussions, it was proposed that a technical committee be appointed by the meeting to attend to the necessary amendments. GALZ was the first to offer its assistance and on the following Tuesday was contacted by ZLHR and asked to provide its input.

Visit the GALZ fact sheet

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