The Zambian authorities arrested two young men a second time for allegedly practicing homosexuality and will appear in court in the Zambian town of Kapiri Mposhi for a remand hearing. James Mwape and Philip Mubiana, both in their early twenties, have been charged for committing unnatural sexual acts and they plead not guilty.
Thirty six African countries currently ban same-sex conduct, of which thirty-one are in sub-Saharan Africa. Zambia is a socially conservative country and homosexual acts are considered a crime under Section 155 of Zambia’s Penal Code. It may carry the practitioners into a jail sentence of up to 14 years. Senior government officials have made inflammatory statements instructing the people to point out anyone who are suspected of being a homosexual or promoting homosexuality. Zambian Home Affairs minister Edgar Lungu recently even said: “Those advocating gay rights should go to hell. That is not an issue we will tolerate. There will be no such discussion on gay rights”. Due to the situation, civil society and especially homosexual minorities are becoming systematically more vulnerable.
Mubiana and Mwape have been arrested twice in recent memory. They were first arrested on April 25, 2013, and detained until May 2, when they were granted in bail. After their release, they were detained again by Zambian authorities on May 6, and were forced to have anal examinations by government doctor to prove their involvement in sexual acts. During the anal probe, the forensic scientist has suspected anal sex since he checks traces of sperm within the anus of the suspect. So according to his theory, the statement proves that the two men are gay.
Magistrate John Mbuzi rejected efforts to dismiss the case and practically considered these medical tests as a form of torture acts.
Simeon Mawanza, an Amnesty International’s Zambia researcher and a Rights Activist, said, “Anal examinations conducted to prove same-sex conduct are scientifically invalid and, if they were conducted without the men’s consent, they would ratify the International Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and many other activists agree.
“The arrest of anyone for their real or perceived sexual orientation violates the fundamental principle of non-discrimination which underlines human rights law. It is high time that Zambian authorities fulfilled their obligations to respect and protect all human rights and stopped the persecution of individuals because of their real or perceived sexual orientation or gender identity. Human rights are about the dignity and equality of all people.”
In 2011, the United Kingdom and the United-States warned that they would use foreign aid to decriminalize homosexuality in Africa. Any laws prohibiting consensual, private, same-sex sexual activity criminalize the legitimate exercise of the rights to freedom of expression, conscience, expression and privacy according to International human rights law.