Pride and prejudice: how not to fight homophobia in Africa

It is simplistic to suggest that African homophobia stems only from colonisation.

The coverage of the recent conviction of two gay Malawians (subsequently pardoned) for homosexuality was dominated by western human rights activists' self-serving -- but ultimately self-defeating -- dismissal of African homophobia as "the desperate defence of western mores in indigenous clothing".

Writing in the Independent, the British activist Peter Tatchell, who is heavily involved in the Malawian test case, claimed that "the minds of many . . . Africans remain colonised by the homophobic beliefs that were drummed into their forebears by the western missionaries who invaded their lands". He reiterated this viewpoint on The Staggers.

To save the situation, Tatchell rallied the troops for a remedial invasion. "It is time to finish the African liberation struggle by ending the persecution of gay Africans," he declared.

The works of Marc Epprecht and Neville Hoad show that homosexuality and homophobia existed in pre-colonial Africa. Yet, ironically, western activists persist in challenging the prejudiced claims by some Africans that homosexuality is "un-African" with the equally prejudiced counterclaim that homophobia is "un-African".

The leading authority for this fallacy, which has been pontificated to the point of infallibility, is a 66-page report by Human Rights Watch (HRW). It provides an accurate account of the colonial origins of most of the statutes that criminalise homosexuality in Africa today.

For example, Nigeria's federal sodomy statute remains identical to the original provision of the 1899 Penal Code of the Australian colony of Queensland.

However, it is a fallacy for HRW to conclude that "sodomy laws throughout . . . sub-Saharan Africa have consistently been colonial impositions", simply because "no 'native' ever participated in their making".

Different blends

Rich and varied systems of indigenous law, which are now collectively called customary law, existed in pre-colonial Africa. Customary criminal law applied wherever there was a political entity requiring the enforcement of certain standards of behaviour and imposing sanctions for their breach.

Although there was no single body of law that applied throughout the continent, a degree of basic uniformity of content existed over a wide range of matters, including the suppression of homosexuality, as was indeed the case among the rest of mankind.

Customary law was affected in many parts of Africa by Islam long before European colonisation. Thus, the British colonialists met different systems, ranging from relatively simple indigenous systems of social norms based on the family, the village, or group of villages, to the highly systematised and sophisticated sharia law of crime. Some systems blended customary with sharia law to varying degrees.

The fundamental feature of customary law was that it was unwritten. Although sharia law was written, it was and still is embodied in disparate rulings of jurists of the various schools. Therefore, the criminalisation of homosexuality in pre-colonial Africa was not embodied in comprehensive codes.

However, a vast majority of Africans of all faiths and cultures are united today in their hostility towards homosexuality and this is a reflection of the similarity of the various systems of customary law to each other and to the foreign codes on the subject.

Customary law continues to regulate many areas of people's lives in Africa today. Though largely superseded by legislation, it still governs issues such as family relations. Also, where conflicting legislation exists, lack of access to legal resources and a general absence of the institutions of government may mean that, in practice, customary law still applies.

More significantly, customary law on issues such as homosexuality negates the enforcement of contradictory statutory law. This happens, for instance, in South Africa, where the legal recognition of homosexuality has resulted in a backlash against gays and their perceived assertiveness.

So the fact that the legislation which criminalises homosexuality is in apparent breach of the respective countries' constitutions, and international treaties such as the African Charter on Human and Peoples' Rights, which guarantee the right to privacy and prohibit discrimination (as held by the United Nations Human Rights Committee and the courts in South Africa and India), does not necessarily mean that a change in legislation will end the persecution of gay people in Africa.

It should also be noted that some African constitutions guarantee the right to culture and oblige the courts to apply customary law in certain circumstances. Similarly, the African Charter provides that "the rights and freedoms of each individual shall be exercised with due regard to morality and common interest", and prescribes that "the promotion and protection of morals and traditional values recognised by the community shall be the duty of the state".

Beyond legislation

As such, while current efforts to strike down the sodomy laws through the institution of test cases are an important step in the right direction, there is a need for a more informed and culturally aware strategy that goes beyond litigation and legislation.

Critical in this regard is an understanding of the various brands of Christianity practised today in Africa. These are, to varying degrees, a blend of Judaeo-Christian and African traditions.

HRW's claim that African Christians who oppose homosexuality appropriate "the most stringent moral anathemas of the missionaries' faith, along with an imported law against homosexuality, as essential bulwarks of true African identity", illustrates the sort of fundamental misunderstanding of contemporary Africa that has undermined many well-intentioned western interventions.

Perhaps a more pragmatic way to serve the interests of gay Africans in the short term is to appeal to the humanity of a sufficient number of their brothers and sisters. This could reduce homophobia in the continent to a level similar to the one deemed tolerable in the west, where, as the Sun's poll after the David Laws story shows, homophobia remains rife.

Africa cannot afford to face this problem with yet another imported and, in its own way, blinkered attitude, which refuses to acknowledge the existence and influence of home-grown prejudice.

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Rarely has it mattered so little if Manchester United won; rarely has it been so special they did

Team's Europa League victory offers chance for sorely needed celebration of a city's spirit.

Carlo Ancelotti, the Bayern Munich manager, memorably once said that football is “the most important of the least important things”, but he was only partly right. While it is absolutely the case that a bunch of people chasing around a field is insignificant, a bunch of people chasing around a field is not really what football is about.

At a football match can you set aside the strictures that govern real life and freely scream, shout and cuddle strangers. Football tracks life with such unfailing omnipresence, garnishing the mundane with regular doses of drama and suspense; football is amazing, and even when it isn’t there’s always the possibility that it’s about to be.

Football bestows primal paroxysms of intense, transcendent ecstasy, shared both with people who mean everything and people who mean nothing. Football carves out time for people it's important to see and delivers people it becomes important to see. Football is a structure with folklore, mythology, language and symbols; being part of football is being part of something big, special, and eternal. Football is the best thing in the world when things go well, and still the best thing in the world when they don’t. There is nothing remotely like it. Nothing.

Football is about community and identity, friends and family; football is about expression and abandon, laughter and song; football is about love and pride. Football is about all the beauty in the world.

And the world is a beautiful place, even though it doesn’t always seem that way – now especially. But in the horror of terror we’ve seen amazing kindness, uplifting unity and awesome dignity which is the absolute point of everything.

In Stockholm last night, 50,000 or so people gathered for a football match, trying to find a way of celebrating all of these things. Around town before the game the atmosphere was not as boisterous as usual, but in the ground the old conviction gradually returned. The PA played Bob Marley’s Three Little Birds, an Ajax staple with lyrics not entirely appropriate: there is plenty about which to worry, and for some every little thing is never going to be alright.

But somehow the sentiment felt right and the Mancunian contingent joined in with gusto, following it up with “We’ll never die,” – a song of defiance born from the ashes of the Munich air disaster and generally aired at the end of games, often when defeat is imminent. Last night it was needed from the outset, though this time its final line – “we’ll keep the red flag flying high, coz Man United will never die" – was not about a football team but a city, a spirit, and a way of life. 

Over the course of the night, every burst of song and even the minute's silence chorused with that theme: “Manchester, Manchester, Manchester”; “Manchester la la la”; “Oh Manchester is wonderful”. Sparse and simple words, layered and complex meanings.

The match itself was a curious affair. Rarely has it mattered so little whether or not United won; rarely has it been so special that they did. Manchester United do not represent or appeal to everyone in Manchester but they epitomise a similar brilliance to Manchester, brilliance which they take to the world. Brilliance like youthfulness, toughness, swagger and zest; brilliance which has been to the fore these last three days, despite it all.

Last night they drew upon their most prosaic aspects, outfighting and outrunning a willing but callow opponent to win the only trophy to have eluded them. They did not make things better, but they did bring happiness and positivity at a time when happiness and positivity needed to be brought; football is not “the most important of the least important things,” it is the least important of the most important things.

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