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MOB ATTACKS GAY COUPLE AT BUS RANK

18/09/2022 15:51:00 Mfanukhona Nkambule

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MBABANE – It looks like it’s going to be a long way to go.

With regard to the embracement of same-sex affairs, there are emaSwati who find it difficult to tolerate this relationship. On Monday, the Mbabane bus terminus came alive when a gay couple, one of whom was dressed in a miniskirt, was confronted by more than 50 people who tailed them to shops, screaming expletives at them. As they entered Pep Stores, the crowd followed them, wondering why they pretended to be females when they were known to be men. One of the famous marshals told the hecklers that he grew up with the one wearing the miniskirt. Attracting public attention, he shouted that the one wearing a miniskirt was actually a man, not a female. For about 30 minutes, they did not have peace as the bus workers and market vendors made fun of them.

Wearing facial make-up and high heel shoes that made him look like a beautiful woman, he was heckled, ridiculed and abused such that others forced him to apologise for pretending to be a woman. “Listen X (name withheld), I grew up with you, I was swimming with you and I know you very well. You are a man,” said the bus marshal, triggering all-round laughter.
The couple, holding hands and looking determined to rise above mockery, were taken by one of the bus drivers to a minibus where he closed the door for their safety. He did not allow the mockers to open the door. However, the windows were open. They peeped through the window and mocked at them. The couple continued to smile at them, seemingly or apparently refusing to be seen to be taking offence.

questions

They uttered no word. They refused to answer questions. Of course, they did not apologise. “Why are you provoking us? You come all the way from one of the locations in Mbabane to make us angry. Do you think we like what you do? We want you to apologise for disturbing peace at the bus rank,” another bus worker was overheard issuing instructions to the couple. “No, no, no, this is wrong and we deserve an apology.” A sympathiser who was aboard a kombi enroute to Lobamba peeped through the window to caution the hecklers: “You are wasting time; these people don’t care about what you are doing to them.” Angered by the sympathiser’s remarks, a market vendor swiftly moved out of the crowd to face her: “You shut up you! Are you also one of them? We are correcting moral wrongness here.”

Human Dignity Trust, a non-government organisation (NGO), says same-sex sexual activity is prohibited under the common law, which criminalises acts of ‘sodomy’ in Eswatini. According to the NGO, the penalty provided under the law is not known. Only men are criminalised under this law, said Human Dignity Trust. It is said that the law was inherited from the British during the colonial period, in which the English criminal law was imposed upon Eswatini. Eswatini retained the provision upon independence and continues to criminalise same-sex sexual activity today. However, it is said that there is no evidence of the law ever being enforced, and it appears to be largely obsolete in practice. Nevertheless, the mere existence of this provision is itself a violation of human rights and underpins further acts of discrimination, according to the NGO.

discrimination

There have been some reports of discrimination and violence being committed against the lesbian, gay, bisexual, transgender, queer, or intersex (LGBTQI) community in recent years, including stigma, the denial of registration of NGOs, assault, and a homophobic murder. In April 2022, the Eswatini High Court upheld the decision of the Registrar of Companies to refuse to register the LGBTQI rights organisation, Eswatini Gender and Sexual Minorities. While the court accepted that the Constitution protects the right of LGBTQI people to freedom of association, privacy and expression, it still found in favour of the Registrar of Companies. Human Dignity Trust stated that the LGBTQI had a right to life, liberty, privacy or dignity. They have a right not to be discriminated against or be subjected to inhumane and degrading treatment.

The organisation went on to say that they have a right to associate and right to form a company. It is said that they have a right to freedom of expression. These rights are inherent in them not by reason of their sexual preferences as LGBTQIs but as human beings, according to the Trust. On June 26, 2021, US Ambassador to Eswatini, Jeanne Maloney, said there was an opportunity to reaffirm their commitment to equality and diversity in all its forms, including LGBTQI people. The ambassador was speaking during Eswatini Pride Month 2021 Virtual Programme. She said communities were enriched by the diverse experiences, perspectives, and contributions of their members.

Maloney mentioned the importance to recognise the value of diversity and inclusion, and treat all with the same respect, fairness and dignity. “This is a foundational truth – human rights and democracy are intrinsically linked with stability, broad-based prosperity, peace and progress,” she said.“And defending and advancing human rights, including the human rights of LGBTQI people, is simply the right thing to do.” She added: “That’s why a few days after taking office, President Biden signed a memorandum instructing all US agencies engaged in diplomacy and development to promote and protect the human rights of LGBTQI people around the world.”

struggle

She alluded to the fact that Pride Month commemorated years of struggle for civil rights and the ongoing pursuit for equal rights for LGBTQI individuals, as well as recognition of their accomplishments.The 2021 Human Rights Report on Eswatini compiled by the US State Department, states that while there were colonial-era common law prohibitions against sodomy, no penalties were specified, and there had never been an arrest or prosecution for consensual same-sex conduct. It is stated that the law does not prohibit discrimination against (LGBTQI) persons in housing, employment, nationality laws, and access to government services such as health care.

However, societal discrimination against LGBTQI persons, although gradually lessening, remained a concern, and (LGBTQI) persons often concealed their sexual orientation and gender identity, according to the US State Department. The Department of State reported that LGBTQI persons, who were open, regarding their sexual orientation and relationships faced censure and exclusion from the chiefdom-based patronage system. It is mentioned in the report that some traditional, religious, and government officials criticised same-sex sexual conduct as neither morally Swati nor Christian.