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Criminalisation of homosexuality in Africa - African Human rights v European Human rights

by Njabulo
26 May 2019 at 08:23hrs | Views
Whilst the west can blame Africa for criminalising homosexuality, equally the West has criminalised bigamy or polygamy.

Thus another men's meat is another men's poison.

My comment is on a neutral position as a bystander in this issue. In Europe Africans and other people from other minority ethnic backgrounds whose culture allows them to marry many wives are impeded from doing so.

The Europeans matrimonial causes acts deem it a crime for any man in Europe to marry more than one woman. Whereas this is an infringement of a culture of a people from another continent or rather an infringement of their human rights.

This people wants to preserve or cherish its culture but it is forbidden to do so. Is it fair?

On one hand in Africa or Asia homosexuality is also forbidden. Now the question is whose rights must override the culture of another?.

Whose marriage laws must be transposed to their jurisdiction to surpass and supersede the marriage laws of that jurisdiction. Are the Europeans right to forbid people from ethnic minorities from pursuing their culture ?.

On one hand, are Africans and Asians right to impede the culture of Europeans(embracing homosexuality ). In my view, an exception in Africa can only be allowed in the case of people who are born with a natural condition like Simenya.

Those that undergo gender reassignment must be forbidden by African and Asian matrimonial causes acts from engaging in homosexuality activities.That way a balance on this issue can be maintained in Africa and Asia.

If Europe wants Africa and Asia to decriminalise homosexuality, then it would fair better if they allow Africans and Asians to engage in polygamy. Europe has to decriminalise bigamy Bigamy is marriage that takes place while the other is still married to another.

So, bigamy manifests itself in polygamy. Any such marriage that would have been soleminized out of the European jurisdiction is rendered void and is also voidable. Void means that marriage is regarded as not existing. Voidable means it can be nullified to render it void .

It means it can be nullified under EU laws. So, to strike a balance, Africans and Asians must be allowed to engage in polygamy in Europe.Put in another way,Europe must decriminalise polygamy.

liberty at liberty at gmail dot com.

Source - Njabulo
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