Zimbabwe: Situation of gays and lesbians including, societal attitudes, treatment by government or security forces and availability of state protection

In spite of President Mugabe's virulent attacks, gays and lesbians are active in Zimbabwe (GALZ; n.d.; Saartjie 28 Mar. 2000). Gays and Lesbians was formed in 1990 to "organise social events for members in gay-friendly spaces. However, a more serious aim was to set up a counselling service and to launch a safer-sex campaign for gay people in the wake of he encroaching AIDS pandemic" (n.d.).

Nonetheless, gays and lesbians in Zimbabwe face societal and government discrimination on the basis of sexual orientation. In 1995 and 1996, GALZ was barred from participating in the annual International Book Fair which takes place in the capital Harare, every year simply because they were homosexuals (ibid., 4). GALZ further states that "the most obvious area of discrimination against gay men in Zimbabwe is in criminal law" (ibid., 6).

The law makes no distinction between homosexual anal rape and consensual homosexual anal sex between two men in a stable and loving relationship or between consensual and non-consensual sex which falls short of sodomy. All are equally regarded as a crime, the only distinction arises in the severity of the sentence which may be imposed (ibid., 7).

GALZ states that President Mugabe encouraged the public to harass gays and lesbians when he stated "if you see people parading themselves as lesbians and gays, arrest them and hand them over to the police" (ibid.). He reportedly referred to the gay community as "sub-animal" and condemned their behaviour as "worse than dogs and pigs" (ibid., 8) .

GALZ states that although there are minimal prosecutions on sex acts between two consenting male adults, the law has had negative consequences for gays and lesbians.

In the Zimbabwean context, blackmail is rife, and increased markedly after the homophobic pronouncements of President Mugabe. The pronouncements encouraged extortionists to believe that their victims had even more to fear if their sexual orientation were exposed ... there is evidence that well organised gangs of youths approach and befriend gays at night spots specifically for the purpose of creating a situation which might enable them to extort money ... fear prevents the people from joining GALZ in the first place, and fear and lack of an appropriate response from the police also prevents many victims from reporting the problem (ibid., 8).

Reports published by Ecumenical News International (ENI) and Human Rights Watch (HRW) corroborate the above information (3-14 Dec. 1998; HRW 1999). For specific instances of discrimination against gays and lesbians, please consult the attached document.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

References

Ecumenical News International (ENI) [Harare]. "Gay Groups Call for Churches to Put Pressure on 'Homophobic' Zimbabwe." (NEXIS)

Gays & Lesbians of Zimbabwe (GALZ) [Harare]. n.d. "Sexual Orientation and Zimbabwe's New Constitution: A Case for Inclusion."

Human Rights Watch/HWR [New York]. 1999. World Report 1999. Lesbian and Gay Rights." (NEXIS)

Saartjie. 29 March 2000. "Opening Doors for Lesbian and Gay rights." (NEXIS).

Attachment

Gays & Lesbians of Zimbabwe (GALZ) [Harare]. "Specific Instances of Discrimination Against Lesbians and Gay Men in Zimbabwe," pp. 19-22.