Cabral Pinto
30 October 2009
opinion
Nairobi — The marriage between two Kenyan men in Britain and under UK laws has sparked a great media debate that touches on issues of law, morality, human and constitutional rights and homophobia.
It is always healthy when a nation discusses controversial matters as Kenyans have done on this issue. Three recent articles by Makau Mutua and Charles Onyango-Obbo and by me addressed this issue. Bricks continue to be hurled our way, but it is clear to me that Kenyans are positively engaging in this issue.
In Uganda, the private member's Anti-Homosexuality Bill is in parliament awaiting debate. It is said in the country's media that the Bill has the state's blessing, in particular, President Yoweri Museveni and the First Lady. A coalition of human rights activists and other lobby groups in Uganda has been formed to fight what is being seen as legislating against homophobia in Uganda.
Human rights group in Kenya and Tanzania are involved in the Ugandan debate. While all the three East African countries, including Zanzibar, have sodomy laws, mainly targeting men who have sex with fellow men, Zanzibar has a law on lesbians and attendant punishment.
Women who have sex with fellow women, upon conviction, may get seven years' jail, while in the case of men, it is up to 25 years. In the broad East African Community it is common knowledge now that the most homophobic states are Uganda, Burundi and Zanzibar.
Given this background I intend to address three bastions of homophobia in the East African Community -- the family, the media as well as cultural and religious organisations. I will take up the other bastion, the state at some later date. I want to put certain questions to the four institutions for their consideration. I also hope a debate can arise on the basis of these questions.
Is it just that we kill people because of their sexual orientation? Is it just that we disinherit our relatives because of their sexual orientation? Should we discriminate against our relatives because of their sexual orientation?
Should we deny people jobs because of their sexual orientation? Should we refuse to let our houses or premises to people because of their sexual orientation? Should we deny people ARVs and other medical attention because of their sexual orientation?
Should we banish members of our clan or community on the basis of their sexual orientation? Should we not baptise people because of their sexual orientation? How many of us have relatives, friends and workmates who are gay and whom we still treat as human beings?
Is the moral argument that religious organisations pose on the issue of gay rights not simply playing and acting God when the holy scriptures tell us God has no partners? Should the parents of gay people be targeted for discrimination, threats and intimidation?
The shocking story that the media are harassing the family of Daniel Chege Gichia shows that the media are clueless when it comes to the rights of others? When did gay people cease to enjoy freedom of assembly, movement and expression, the rights to organise and to work and freedom from discrimination? When media editors spike stories that seek to debate gay rights, are they not violating the core tenets of freedom of the Press?
Does one have to be gay to support the rights of gay people? Of course, not! The argument that one has to be gay to support gay rights is used to intimidate those people who are not gay who abhor discrimination, marginalisation and violation of the rights of the minorities.
Similar arguments have been used in the past to stop people who care about justice from intervening in what turned out to be holocausts and genocides. Human beings must respect difference and move from the politicisation of morality by people and institutions whose morality has been found wanting.
I believe the wisdom of Jesus in mediating the case of the woman who was caught in the act of adultery when he challenged Pharisees and scribes to cast the first stone if they were not sinners as well, still holds for those who call gay rights sin. Let Kenyans talk to one another about the gay issue and let us not allow divisive tactics to be brought to bear on the debate.
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