English law. The proscription of sodomy between consenting adults was regarded as being “the blackmailer’s charter” 44. Discrimination impacts on gays and lesbians in a plethora of ways of which those accustomed to heterosexual privilege remain completely unaware. It would be impossible to detail every aspect here. The married heterosexual obtains numerous benefits through recognition of his or her partner as such, a privilege denied to gays and lesbians. The denial of facilities and opportunities is another obvious area. Less obvious to the heterosexual may be the fact that, whereas there may be increasing openness about sexual behaviour in the wake of the HIV pandemic, open discussion and access to appropriate information about HIV and safe-sex, readily available to heterosexuals, is constricted for homosexuals. At the moment, Zimbabwe’s HIV/AIDS pamphlets and education campaign are exclusively directed to heterosexuals. However, the National AIDS Council of Zimbabwe has at last recognised how homophobia and repressive laws against same-sex sexual conduct are potentially fuelling the HIV/AIDS epidemic in Zimbabwe. Its strategic plan for 2006 – 2010 unambiguously states that: While homosexuality remains illegal in Zimbabwe, there can be no doubt that there are men who have sex with other men. They are at risk of HIV infection and passing on the virus to their partners, including female partners. Furthermore, international experience has shown that ignoring this group or adopting punitive approaches will only serve to drive MSM underground and reduce opportunities to dialogue with this group 45 [emphasis added]. The South African Court had no hesitation in determining that consequences such as these rendered discrimination against gays and lesbians “unfair”. It is worth noting that the South African constitution also provides for a right to dignity. The Court held that the common-law provisions pertaining to “unnatural offences” likewise violated this right. Political Powerlessness Traditional disadvantages do not imply numerical minority. Women in Zimbabwe, for example, constitute a numerical majority, but have been disadvantaged traditionally. Gays and lesbians, on the other hand are a numerical minority. They will thus never be able to achieve change in the face of prejudice through the political process46. However, unlike race, sexuality is not invariably observable. Same-sex attraction is not, in itself, externally visible. Invisibility “provides a potent stimulus for homosexual men and women to closet their orientation from outsiders”47 in order to avoid vulnerability to prejudice and discrimination. This, coupled with the general fact of non-obviousness, makes it possible for others to deny that gays and lesbians exist, to deny that are reality of variation in human sexuality. The result is to further constrict the political and social power of gays and lesbians48. The fact of non-obviousness also fosters the perspective that sexual orientation is not immutable. The implication then is that sexual orientation should not qualify as a 44 The Wolfden Report 1957 para. 109 – 113 45 Zimbabwe National HIV and AIDS Strategic Plan (ZNASP) 2006 – 2010 p. 20 46 Having said this, it should not be forgotten that, since gays and lesbians exist across class and cultures, whether one regards them as constituting 1% or 10% of the population they constitute, in an international perspective, one of the world’s largest minorities. 47 Cameron op. cit. p. 459 48 Cameron ibid