CHAPTER 9
SEXUAL MINORITIES:
LGBTQIA RIGHTS
The LGBTQIA and the Constitution
Zimbabwe’s Constitution guarantees equality both as a
founding value in terms of section 3, but also as a right in
terms of section 56.
However, there have been long-held negative views against the same sex community and other sexual
orientation referred to as lesbians, gays, bi-sexual, transgender, queer/questioning, intersex and
asexual (LGBQIA). The nation is yet to accept equality and non-discrimination to imply protection of
those of different sexual orientation and preference. When the Constitution Parliamentary Committee
(COPAC) conducted consultations across the country in the development of the current Constitution,
general public sentiment was against protection of the LGBTQIA rights in the Constitution. As a result,
section 56 in the Constitution conspicuously omits sexual orientation and preference as a ground for
discrimination. More expressly, section 78 of the Constitution which regulates marriage rights states
that “Persons of the same sex are prohibited from marrying each other”. What this means is that the
LGBTQIA community finds no concrete protection of their sexualrights – albeit members of the
community are accorded every other right in terms of the law and the Constitution. What is
problematic about that position nonetheless is that, as human rights are interrelated, interconnected
and indivisible, limiting one right and granting others has the effect of diminishing the substance and
meaning of those other rights that are granted.
Harassment and Discrimination
Members of the LGBTQA community also had
higher rates of unemployment and
homelessness. According to GALZ, LGBTI
persons often left school at an early age due to
discrimination. Higher education institutions
reportedly threatened to expel students based
on their sexual orientation.
The primary organisation advancing the rights of
the LGBTQIA community in Zimbabwe is the
Gays and Lesbians of Zimbabwe (GALZ). In
terms of harassment, the institution witnessed
reduced incidences comparative to 2017 and
previous years.
The most publicly known 2018 case that ended
in an end of employment of a gay man involved a
deputy headmaster at St John College, an elite
private school in Harare North, who on the 21st
of September disclosed his gay sexual
orientation during a school assembly at the allboys high school after a media house had
threatened to disclose his orientation. Parents
protested the proclamation and hired attorneys
who demanded resignation of the deputy
headmaster and threatened a lawsuit.
While there was no change in law and policy,
government heavy-handedness was somewhat
relaxed in 2018 in that there were no overt and
direct government attacks against the LGBTQIA
community.
Previously, GALZ was at the receiving end of
raids and searches at their offices in Harare.
GALZ reported that many persons who
identified themselves as LGBTQIA did not seek
medical care for sexually transmitted diseases or
other health problems due to fear that healthcare providers would shun them or report them
to authorities.
The deputy headmaster tendered his resignation
on 28 September, citing that he was receiving
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STATE OF HUMAN RIGHTS REPORT ZIMBABWE 2018
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