Criminalization

#NotYetUhuru: 60-year-old Patson Manyati reflects on being gay in Zimbabwe*

17 May 2021

Patson Manyati cuts an awkward and lonely figure in a room bustling with young people in their twenties. His elegant poise, greying beard and baby blue shirt place him at least 40 years too old for this scene.

Mr Manyati is on one of his first visits to the drop-in centre of Gays and Lesbians of Zimbabwe (GALZ) in Mutare, in eastern Zimbabwe. GALZ is a membership-based association that promotes, represents and protects the rights of lesbian, gay, bisexual, transgender and intersex (LGBTI) people in Zimbabwe.

While Mr Manyati may look out of place, being at GALZ is the most “comfortable” he has ever felt as a gay man living in Zimbabwe in his 60 years.  

“When I see people like me, I feel very happy,” says Mr Manyati in his musical, soft-spoken voice. His eyes don’t stop shimmering while he talks. Remarkable for someone who has grown up around pervasive homophobia. The kind of homophobia that, as recently as 2017, saw the former president describe gay people as, “worse than dogs and pigs.”

GALZ maintains that the hatred and fear caused by the late president’s particular brand of homophobia, “is still being felt in Zimbabwe today.”

While being at GALZ makes him happy, as soon as Mr Manyati ventures out beyond the gates of the premises, he must be guarded and vigilant. Beyond the insults, the threat of jail is real, as Zimbabwe punishes same-sex sexual relationships with up to 14 years imprisonment.

Beyond jail, there is the everyday lived experience of discrimination, violence and hate crimes with which LGBTI people must contend—not only in Zimbabwe, but also in the 69 countries worldwide that criminalize same-sex sexual relationships.

And even in countries that don’t, like neighbouring South Africa. While same-sex marriage is legal and LGBTI rights are constitutionally enshrined, being gay is dangerous. In the first half of 2021, there has been a spate of murders of young gay men and an outcry from the LGBTI community for the government, media and public to take hate crimes more seriously.

Under these conditions, it is an act of defiance just to exist and, even more so, to be deliberately happy.

Happiness is something Mr Manyati has tried to carve out for himself, despite the odds.

Born in Mutoko, a small town in Zimbabwe’s Mashonaland East Province, Mr Manyati says his parents expected him to get married in his twenties to a woman and to carry on the family name as one of the seven Manyati sons.

While his parents insisted on marriage for some time, Mr Manyati stood his ground. As the sole caregiver for his parents and siblings, they eventually gave in and he lived his life single, never coming out to his parents. 

“I couldn’t get married because I have the body of a male but, inside, I feel like a female. I know I am … I feel … like a female. So why should I marry a female?”, he says, visibly grappling with complex concepts about his gender identity without the vocabulary to do so.

Here at GALZ, everyone tells him “who they are,” says Mr Manyati. Perhaps with a few more visits and more interaction with the young people around him, who are so much more self-assured in their sexual orientation and gender identity, it may not be too late for Mr Manyati to give name to his feelings.

GALZ is a lifeline for its members. It offers regular clinic days at its Harare drop-in centre and referrals at its other drop-in centres, in Mutare and Masvingo, for a range of health-care services, including HIV prevention and treatment. It also provides critical counselling services and safe spaces for LGBTI people to socialize and relax, away from the “harsh” streets.

The leadership at GALZ says that things are slowly getting better for LGBTI people in Zimbabwe.

In 2017, GALZ was included as an official participant in the funding proposal developed for the Global Fund to Fight AIDS, Tuberculosis and Malaria. This helped to secure US$ 2 million for programmes that serve gay men and other men who have sex with men, the largest investment ever in an HIV and sexual and reproductive health response for the community. The funding resulted in the three GALZ drop-in centres.

The National AIDS Council (NAC) of Zimbabwe has a key populations forum, supported by UNAIDS, and of which GALZ is a member. The NAC is visibly working to improve the health and well-being of key populations even while their activities remain criminalized.

Despite progress, the lingering stigma and discrimination that the LGBTI community faces in Zimbabwe has resulted in Mr Manyati and people of his generation leading an isolated life. 

“It makes me feel safer to rather stay by myself,” says Mr Manyati, adding that all his peers and friends from the LGBTI community have since died. “Sometimes I cry,” he sighs.

When Mr Manyati’s friends were alive, they would live their lives to the fullest, even though the law was a constant threat and they remained unlucky in love with the men they encountered. 

“[You would know] he doesn't really like you because he has another love somewhere and you are just one on the side. In the end, he gets married and leaves you,” says Mr Manyati of these encounters.

Mr Manyati is adamant that he is “too old” to look for love now, and that he would rather focus on looking after his health as one of the estimated 1.4 million Zimbabweans living with HIV.

Mr Manyati discovered he was living with HIV when he developed a cough five years ago. He went to a local nongovernmental organization, New Start, for an HIV test and after a course of tuberculosis treatment he was initiated immediately onto HIV treatment. His health is his main priority.

“I continue with HIV treatment. That’s how I’m looking healthy now,” Mr Manyati concludes, eyes still shimmering.

* Not Yet Uhuru is a quote by the Kenyan freedom fighter Oginga Odinga. Uhuru is a Swahili word meaning “freedom”; thus, it loosely means “not yet free”. It is a hashtag routinely used by GALZ in its social media posts.

UNAIDS condemns new law that further criminalizes and marginalizes vulnerable groups of people in Uganda

06 May 2021

GENEVA, 6 May 2021—UNAIDS is deeply concerned by the Ugandan parliament’s decision earlier this week to adopt the Sexual Offences Bill 2019, which includes provisions that further criminalize entire groups of people, such as the lesbian, gay, bisexual and transgender community, sex workers and people living with HIV. The bill criminalizes same-sex sexual relations, extends the criminalization of sex work and imposes mandatory testing for HIV and harsher sentences on people living with HIV than the general population accused of some similar crimes.

Although UNAIDS welcomes some aspects of the bill, such as the extension of protection from sexual harassment, violence and sexual exploitation to groups of people such as people in detention and migrant workers, it urges parliamentarians to reconsider the provisions that discriminate against some people.

“I am deeply troubled by the Ugandan parliament’s adoption of portions of this bill that further criminalize and marginalize vulnerable groups of fellow citizens and deny them their human rights, including their right to health,” said UNAIDS Executive Director, Winnie Byanyima. “Targeting people living with HIV, lesbian, gay, bisexual and transgender communities and sex workers increases stigma and discrimination and undermines the HIV response by preventing people from receiving the HIV treatment, prevention and care services that they so urgently need.”

UNAIDS recognizes the good progress that Uganda has made in recent years in reducing the impact of HIV. The number of AIDS-related deaths has fallen by 60% since 2010, with 1.2 million people out of 1.5 million people living with HIV on medicines to keep them alive and well. In addition, the number of new HIV infections has fallen by 43% since 2010. However, many vulnerable groups of people, such as gay men and other men who have sex with men and sex workers, continue to be less likely than the general population to receive the HIV treatment, prevention and care services they need.

UNAIDS urges Uganda to join the growing number of countries in Africa and globally that are removing unjust laws from their penal codes. The Ugandan parliament’s adoption of the new law comes just weeks before the United Nations General Assembly High-Level Meeting on AIDS, which will take place from 8 to 10 June 2021.

UNAIDS

The Joint United Nations Programme on HIV/AIDS (UNAIDS) leads and inspires the world to achieve its shared vision of zero new HIV infections, zero discrimination and zero AIDS-related deaths. UNAIDS unites the efforts of 11 UN organizations—UNHCR, UNICEF, WFP, UNDP, UNFPA, UNODC, UN Women, ILO, UNESCO, WHO and the World Bank—and works closely with global and national partners towards ending the AIDS epidemic by 2030 as part of the Sustainable Development Goals. Learn more at unaids.org and connect with us on Facebook, Twitter, Instagram and YouTube.

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UNAIDS Geneva
Michael Hollingdale
tel. +41 79 500 2119
hollingdalem@unaids.org

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Human rights

UNAIDS applauds the vote by Bhutan’s parliament to repeal laws that criminalize and discriminate against LGBT people

14 December 2020

GENEVA, 14 December 2020—UNAIDS congratulates Bhutan’s parliament on voting to repeal Sections 213 and 214 of the country’s Penal Code. Those provisions criminalized certain private sexual acts and led to discrimination against and the marginalization of lesbian, gay, bisexual and transgender (LGBT) people. The country’s parliament voted for the repeal on Human Rights Day, 10 December.

“I commend Bhutan’s parliamentarians for voting to create a more compassionate, tolerant and inclusive society and for recognizing that the country’s LGBT people deserve privacy, respect and dignity,” said Winnie Byanyima, UNAIDS Executive Director. “This step taken on Human Rights Day will also help to ensure that LGBT people in Bhutan receive the essential services they need, including HIV treatment, prevention and care services.”    

Bhutan becomes the latest country to decriminalize consensual same-sex sexual relations. Since 2014, Angola, Botswana, Gabon, India, Mozambique, Nauru, Palau, the Seychelles and Trinidad and Tobago have all taken the same measure. However, consensual same-sex sexual relations remain criminalized in at least 68 countries and territories worldwide.    

Criminalization of consensual same-sex sexual relations prevents people from accessing and using HIV prevention, testing and treatment services and increases their risk of acquiring HIV. It legitimizes stigma, discrimination and violence against LGBT people and is a human rights violation.  

Globally, the risk of acquiring HIV is 26 times higher among gay men and other men who have sex with men than among the general population and 13 times higher for transgender people. Prohibitive legal and policy environments and a lack of tailored services for key populations increase their vulnerability to HIV. UNAIDS urges countries to ensure the full respect of the human rights of all people, regardless of their sexual orientation, through repealing laws that prohibit sex between consenting adults in private, enforcing laws to protect people from violence and discrimination, addressing homophobia and transphobia and ensuring that crucial health services are made available.

UNAIDS

The Joint United Nations Programme on HIV/AIDS (UNAIDS) leads and inspires the world to achieve its shared vision of zero new HIV infections, zero discrimination and zero AIDS-related deaths. UNAIDS unites the efforts of 11 UN organizations—UNHCR, UNICEF, WFP, UNDP, UNFPA, UNODC, UN Women, ILO, UNESCO, WHO and the World Bank—and works closely with global and national partners towards ending the AIDS epidemic by 2030 as part of the Sustainable Development Goals. Learn more at unaids.org and connect with us on Facebook, Twitter, Instagram and YouTube.

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UNAIDS Geneva
Michael Hollingdale
tel. +41 79 500 2119
hollingdalem@unaids.org

UNAIDS welcomes decision by Gabon to decriminalize same-sex sexual relations

07 July 2020

GENEVA, 7 July 2020—UNAIDS welcomes the decision by Gabon to decriminalize same-sex sexual relations. Following a vote by the Gabon Senate on 29 June 2020, the signing off of the decision by the President means that Gabon has joined a growing list of countries in Africa and beyond that have removed criminal laws that target and discriminate against lesbian, gay, bisexual, transgender and intersex (LGBTI) people.

“I applaud the collective decision by Gabon’s parliament, government and President to decriminalize same-sex sexual relations,” said Winnie Byanyima, UNAIDS Executive Director. “By doing so, Gabon is righting a grave injustice inflicted on the LGBTI community in the country.”

Paragraph 5 of Article 402, which criminalized same-sex sexual relations—with a maximum penalty of six months in prison and a 5 million central African CFA franc fine—was inserted into the new Gabonese Penal Code in July 2019. That paragraph has now been withdrawn. UNAIDS is encouraged that such a step back in terms of human rights can be overturned quickly when communities, civil society, politicians and other allies come together to campaign to right wrongs.

Through legitimizing stigma and discrimination and violence against LGBTI people, the criminalization of same-sex sexual relations stops people from accessing and using HIV prevention, testing and treatment services and increases their risk of acquiring HIV. It is also a profound violation of a basic human right.

Gay men and other men who have sex with men had a 26 times higher risk worldwide in 2019 of HIV acquisition than all adult men. Prohibitive legal and policy environments created by stigma and discrimination are key barriers to dramatically reducing new HIV infections. While UNAIDS calls for the removal of such discriminatory laws, a critical immediate step would be to stop enforcing them.

“This is a very welcome step towards equality for LGBTI people in Gabon,” added Ms Byanyima. “I call on the at least 69 other countries and territories around the world that still criminalize same-sex sexual relations to do the decent thing: stop criminalizing people because of who they love.”

UNAIDS

The Joint United Nations Programme on HIV/AIDS (UNAIDS) leads and inspires the world to achieve its shared vision of zero new HIV infections, zero discrimination and zero AIDS-related deaths. UNAIDS unites the efforts of 11 UN organizations—UNHCR, UNICEF, WFP, UNDP, UNFPA, UNODC, UN Women, ILO, UNESCO, WHO and the World Bank—and works closely with global and national partners towards ending the AIDS epidemic by 2030 as part of the Sustainable Development Goals. Learn more at unaids.org and connect with us on Facebook, Twitter, Instagram and YouTube.

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UNAIDS Geneva
Sophie Barton-Knott
tel. +41 79 514 68 96
bartonknotts@unaids.org

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UNAIDS Media
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communications@unaids.org

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