movement a sympathetic ear or perhaps it was just a calculated move for political
expediency ahead of the July 2018 general elections.
The late former political opposition leader Morgan Tsvangirai, of the MDC initially made
some pro-gay sentiments in 2011, quoting provisions of the Zimbabwe constitution’s
enshrined rights for all people including sexual minorities. This turned out to be an
electioneering gimmick, as he reversed his statements in 2013, reiterating that same
sex marriage was banned by the law.
Following the trends developing from the reportage of violations against LGBTI in
Zimbabwe, it would appear that in the majority of cases, the victims do not report their
cases to the police for fear of stigmatization, detention, harassment, assault or other
forms of victimisation. There is generally a belief among the members of the LGBTI
community that the law and its enforcement structures are anti their preferences and
chosen way of life.
Activists have spoken about the poor interpretation of the law by law-enforcement
agents particularly when it comes to LGBTI. As a result, the public ends up conflating
what is legal and illegal. The Voice of America quoted leading gay rights activist Mojalifa
Mokwele, citing that pronouncement of one’s gay status is not itself a crime, but public
expression of homosexual acts is. The legal provisions in such a situation are largely
enshrined in the legal provision cited below as:
“any act involving physical contact between men that would be regarded by a reasonable
person to be an indecent act” carries a penalty if convicted of up to one year in prison
or a fine up to [US]$5,000…
It is worth noting in this analysis that Zimbabwe is signatory to a number of regional and
international treaties and instruments that seek to promote and uphold human rights
in their totality. Such treaties include the International Covenant on Civil and Political
Rights (ICCPR, which makes provision for equality before the law and the right to nondiscrimination on the basis of sexual orientation and gender identity. At continental
level there is the African Charter on Human and People’s Rights (ACHPR) and ultimately
the Universal Declaration of Human Rights (UDHR). It would therefore appear that
Zimbabwe may be found wanting in terms of these provisions by upholding a law that
An analysis of the state of human rights violations against
LGBTI persons in Zimbabwe (2011-2017)
11
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