Loga Virahsawmy*
29 August 2006
guest column
Port Louis — Homosexuality is banned in all African countries, with the exception of South Africa. Even there, where sexual orientation is protected by the Constitution, gays are often subjected to violence and taunts.
This story of two young women takes place in Mauritius, the island that prides itself on having one of the most mature democracies in the region and advertises itself as the island of "sun, sea and sand."
That freedom turned to trauma for two young women whose only crime is their passionate love affair. Twenty-year old Gemma, beautiful and in full control of all her faculties, was sent to a mental hospital by the same people who are supposed to protect her.
Put under lock and key with mentally ill patients for three long days and two sleepless nights, she was not allowed visitors and had to use her imagination so as not to become as unbalanced as her fellow inmates. What pushed Gemma's parents to take such a drastic measure against their own flesh and blood knowing full well that their daughter is far from being mad?
Gemma paid this price for being madly in love with the person who has been her partner for three years. A passionate love affair that is condemned in conservative and patriarchal Mauritius where discrimination and prejudice based on sexual orientation are rife.
It took 37 years after independence for Mauritius to be ready for its first gay pride rally held in May 2006. The homosexual community is asking that sexual orientation be included in the Equal Opportunities Bill that will go before Parliament soon.
Gemma's sexual orientation goes against the norms and values imposed by society. In the eyes of her parents and society, she must be either depraved or mad. In both cases, her place is in a mental home.
This could happen because not all voices are heard in Mauritius. When there is a choice between the words of an adult and those of a daughter, even if the daughter is a young adult of 20, it is a win-lose situation. The parent wins on all fronts and the more so, if he is a male.
During Gemma's internment, Ravinee, her partner, became emotionally distressed, knowing neither where her girl friend was nor what door to knock on to begin looking for her.
Gemma fought tooth and nail and finally managed to get hold of a mobile telephone from an inmate's visitor. She sent an SMS to Ravinee. "I felt I was going mad and did not know what to do. I went to the police station and I was told that it was for the parents to decide and they could not do anything", said Ravinee. She went to the mental hospital where she had a brutal refusal. "You are not going to see her - full stop."
The suffering was too much for Gemma. Her friends sympathised with her and went to see Gemma's parents to tell them that the couple was prepared to end their relationship if Gemma were set free. Gemma promised her parents she would stop seeing Ravinee. Finally taken back home, her most precious tools of communication - laptop and telephone - were taken away from her.
After a few days, the situation became unbearable and one night at midnight a taxi was waiting to bring the two women together. Harassed by horrible telephone calls, they went to the police station in the company of a lawyer to file a complaint and were not taken seriously.
Ravinee asked for a Protection Order, not realising that the Sex Discrimination Act is silent on sexual orientation and the Domestic Violence Act gives protection only "to ensure that the aggrieved spouse is protected from domestic violence". The flaws in the law make it difficult for homosexuals to protect themselves against violence and discrimination.
The Section on fundamental rights and freedoms of the individual of the Constitution of Mauritius clearly stipulates "they have existed and shall continue to exist without discrimination by reason of race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms" It also mentions the "the right of the individual to protection for the privacy of his home".
However, there is nothing specific about same sex relationships. Homosexuality is neither legal nor illegal while the law condemns sodomy. If people with a different sexual orientation complain to the police, there is no law to protect them.
Although Gemma and Ravinee are happy to be together again in the house they have rented, they do not know what their tomorrow will be. "The prejudice and discrimination is difficult to handle. All we want is that people let us live in peace like two individuals who know what we are doing. We want to continue our studies, buy a house, buy a car and get married. We know we will never be able to do that in Mauritius. Our plan is therefore to save enough money and go to Australia."
On Human Rights Day, 10th December 2005, among a few of the commitments taken by Rama Valayden, the minister of Human Rights, to eradicate discrimination was a Human Rights Centre next to the Supreme Court with staff permanently involved in advancing and promoting human rights.
He said his dream "is the implementation of the National Strategy for Human Rights". We must all take responsibility for the effective realisation and protection of human rights. But, as a minister who not only dreams but is determined to make things happen, I will fail in my duty if I don't take before you today some firm commitments."
It is for the minister now to translate his commitments into action so that the Gemmas and Ravinees of Mauritius are no longer discriminated against, in a Mauritius free of stigmatisation because of sexual orientation.
(*) Loga Virahsawmy is the President of Media Watch Organisation in Mauritius. This article is part of a special series of the GL Opinion and Commentary Service produced ahead of the SADC Heads of State summit in Lesotho from 17-18 August by the Southern Africa Gender Protocol Alliance comprising ten NGOs that promote gender equality in the region.
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