Opinion / Columnist
Africa, anti-homosexual laws
27 Feb 2014 at 08:05hrs | Views
The new anti- homosexual laws that have been introduced in Uganda and in Nigeria. We know that the Honourable Presidents were under pressure to pass this into law.
This is because if they do not dance to the tune of the majority, they will lose their positions in the next elections.
We know that African politics is different from politics in other continents. For example, in England or USA.
In these jurisdictions, if you allow same sex marriage, you win the elections. Now our concern as human rights activists is on the sentences that go with the crime of the anti-homosexual laws. The laws are hash.
They are incompatible with the crime in question. Thus if the cases were to be taken to a human rights court, then Section 4 of the human rights Act ;Declaration of incompatibility ,will be applied by the court.
That is the sentences are not proportionate with the crimes committed .
To this end, we appeal to those countries that have already passed the anti-homosexual bills as law, to revisit the sentences that go with the crime .We know we cannot change or abolish those laws as they have been passed by parliament of a sovereign state. We do not aim at imposing laws to any country. But, they have to temper justice with mercy.
This is because; the persons concerned are equally human even though they would have engaged in acts that are prohibited in the countries in question. For example, a fine or community service would suffice. We also appeal those countries that sentence others to death for being found in possession of drugs to revisit their draconian laws.
It is a breach of human rights to deny another their freedom for committing what we perceive as a minor crime or to sentence them to death for such minor crimes. On the other hand it will be equally wrong for any country or the UN to impose sanctions against the countries that have instituted the anti-homosexual laws. I am discussing any legislation in detail here.
But I am trying to engage in a reasonable argument to protect the rights of others.
Please do not misconstrue me as someone who is into drug trafficking or gay. I am straight. I am only a human rights activist.
Source - Njabulo
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