In the Arms of the Law Part 2

                                       

On the previous edition, it should be noted that I had an encounter with a police officer; who along with his colleagues displayed acts of brutality. I had walked into a restaurant / pub with a colleague of mine and we sat to enjoy an evening meal. A few hours later, police rushed in, demanding that the place be closed down, since it was now operating out of its designated time frame. My colleague decided to grab a carry/ doggie bag for the road; seeing as he is not the cooking type. The police officer came up to me and demanded that I evict the premises. I only just answered him to say; not a problem officer, but may I leave the premises of the establishment soon as my colleague has finished purchasing his meal. 

That was supposedly an act of defiance in his eyes, as he frantically grabbed me by my bag and shoved me to the exit door. I lost my step, almost tripped and fell. That was not enough for him as he went on to call his colleagues; ‘’this boy is defying my orders, who are you to defy me? I might as well just arrest him right now.  Oh wait, it’s not a boy, it’s a whore’’. In vernacular he said;’’ yasichaphata kants, ngtokubopha mine nyalo, ungbani vele wena ngwadla”. At that moment, I just knew this was no-longer just about me waiting for my colleague, but more on posing as a threat to him. Supposedly my sexuality and gender identity now posed as a threat to him.

Following this incident, I took the issue up with local authorities. This was as per the advice of a local journalist who felt it was necessary that the Police force be notified about this. I went to the Police Station to enquire more on the issue at hand. As I approached the front desk, I was met with four officers who stood in anticipation of the next crime victim to report a case.

 I was attended by one male officer who upon seeing me, wished to know as to how to address me. As soon as I got to tell him that I wished to be referred to as a male, I actually saw a frown in his face. Upon relaying my story, he felt it was above and beyond him and as such, he referred me to his superior. As I walked in to his (the Superiors) office, there was a sense of un-ease as everyone was eager to hear what I had to say. I grabbed a chair, sat down and went on to relay my story. I went on about it; telling him of how I was shattered by a police enforcement's display of aggression towards me and how I almost got injured at the hands of an officer. 

He took notes and would from time to time ask me questions. At the end of the session, he went on to allude that what had happened was such a misfortune, and that as the Police Department they would take it up and make it a priority.  Furthermore, he added that I had the option of opening up a case against him. This he said would assist others as well who were faced with the same dilemma. Such incidents continue to happen and go unreported. He further emphasised that such behaviour was illicit, and that major action had to be undertaken.

Moving on, he ensured me that the Police Department would launch an internal investigation pertaining to the ‘said’ officer. The officer, he mentioned, would be brought to book and taken to task. This was somehow satisfactory as it showed knowledge of human rights by the Superior. Maybe there is justice after all; but only time will tell. Human rights continue to be a priority in my books and as such their violation will always be a huge concern. Human rights should always be at the centre of any society’s development. If as a society we are to create an ideal world where everyone is treated with dignity, human rights should be uphold-ed. I continue to envision a world where all humans are treated with honour and respect; a certain utopia as some would say. It is possible; we just all need to play our part. Let Love win and let us respect human rights.

LGBTQIA+ experiences in School and Varsity

The other day a friend and I were walking in town and she a Trans-woman says to me; ‘do you remember how in University I was forced to sleep in the male dormitories and yet I don’t identify as a male ? How I was mandated to live with the males at school and have them verbally attack me because I was different’.

This part of the conversation came about as we were reminiscing on our university days but, what can be picked from it were the challenges we faced as LGBTIQA+ identifying personnel. It goes without saying that it was very challenging to live in a space where people are visibly discriminatory. During our conversation, she re-called of how one day her locker was broken into; and her clothes including her skirt, bra and underwear taken by her roommate. This was indeed a violation of one’s privacy and a violation of human rights. On another particular occasion, her roommates came up to her in the middle of the night, held a gun-lighter close to her hair (weave) and attempted to burn it. The University establishment is meant to be a place whereby individuals should feel welcome and safe, without harassment and discrimination. 

"Harassment" is a specific form of discrimination. It can further be described as unwelcome behavior, based on a protected classification, which a reasonable person would perceive to be sufficiently severe or pervasive to create an intimidating, hostile, or offensive environment for academic pursuits, employment, or participation in University-sponsored activities. As alluded by the Eswatini Universities information pamphlet; harassment is discouraged as the University is committed to providing a safe environment for all students and staff and thus strives to foster an environment free from any form of harassment. What if the policies themselves prevent such a harmonious and safe space for students?

The policies present currently in the University tend to acknowledge male and female genders and as such, accommodation is allocated according to both genders. Non-gender conforming individuals tend to be shut out by this as it merely insinuates that individuals are grouped or located according to their birth sexuality and not their gender identity. Policies like these tend to outcast transgender / tran-sexual and intersex individuals. Transgender individuals tend be gender non-conforming as they don’t identify as per their birth right. They are forced to conform to these policies which are not pertinent to them as individuals. It goes without saying that policy changes are necessary to provide a harmonious, all-round inclusive and conducive environment for all students. In a space where one was meant to feel free to express themselves, this indeed was not so relevant to us.

Policies that acknowledge the diversity of individuals in respect to sexual orientation and gender identity are crucial in Universities. Policy changes and regulations would allow for all individuals to fully express themselves in a conducive environment. The University of Eswatini enrolled about 5556 individuals in the 2010/2011 academic year alone (UNESWA Webpage). In a study by Meerwijk and Sevelius (2017), a notable figure of 1 in every 250 adults can be noted as being Transgender. Moreover, as opined by Guy (Population Statistics Division) in 2017, in a study carried out in the United Kingdom; individuals aged 16 to 24 years were most likely to identify as Lesbian Gay Bisexual (LGB). This is the age category of individuals enrolled in the University institution. This indeed is a cry for concern as the current policies neglect such apprehensive data. Sexuality is a fundamental aspect of one’s life, and as so, defines how that particular individual interacts and relates with the outside society.

What eventually emanated from our situation was that my friend sought refuge in my dormitory from time to time. She was finding ways to avoid returning to her room because of the trauma she had. This in-fact was a cry out for help. No student should feel violated and out of place in an area where individuals are meant to have the best time of their lives. In-fact, no individual should feel left out and discriminated by his or her peers. Let us provide safe spaces in all avenues, including varsities and schools. Hate and discrimination are not African ideals. Let love always win, and let policies favor all beings, regardless of gender and sexual orientation.

In The Arms Of The Law

                                                    

Police brutality has always been an issue which most people refrain from speaking about. Correct me if I am wrong, but we have always associated police brutality with the unscrupulous shooting of innocent victims, aggressive behaviour of police towards citizens by pounding and beating them up; never do we think shoving and uttering derogatory commentary is considered Police brutality.

The other day I walked into a restaurant / pub with a colleague of mine and we sat to enjoy an evening meal. A few hours later, police rushed in, demanding that the place be closed down; since it was now operating out of its designated time frame. My colleague decided to grab a carry/ doggie bag for the road; seeing as he is not the cooking type. The police officer came up to me and demanded that I evict the premises. I only just answered him to say; not a problem officer, but may I leave the premises of the establishment soon as my colleague has finished purchasing his meal. That was supposedly an act of defiance in his eyes, as he frantically grabbed me by my bag and shoved me to the exit door. 

I lost my step and almost tripped and fell. That was not enough for him as he went on to call his colleagues; ‘’this boy is defying my orders, who are you to defy me? I might as well just arrest him right now.  Oh wait, it’s not a boy, it’s a whore’’. In vernacular he said;''yasichaphata kants, ngtokubopha mine nyalo,ungbani vele wena ngwadla”. At that moment, I just knew this was no-longer just about me waiting for my colleague, but more on posing as a threat to him. Supposedly my sexuality and gender identity now posed as a threat to him.

Police brutality goes way beyond beating an innocent person; it delves into the treatment of an un-armed civilian (a mere civilian who poses no threat). As described by Martinelli in 2007, police brutality is the use of excessive, un-required and unnecessary effort by a law enforcement officer over an un-armed civilian in a particular situation. Although there is no basic description of what amount of aggressiveness can be defined as leading to brutality, shoving someone such that they almost reach the floor is, I, believe a characteristic of such. The psychological intimidation, verbal utterances on-their-own, led to a night of wrestles sleep.

Is it not that as a country we uphold the non-discrimination of individuals in relation to ‘’gender, race, colour, ethnic origin, tribe, birth, creed or religion, or social or economic standing, political opinion, age or disability”? This is in accordance with Chapter III Section 20 (2) of the Constitution of Eswatini. His utterances on my gender identity disregarded this, and blatantly undermined this law.

Police brutality is in-fact a civil rights violation and by so doing, a police officer or law enforcement officer tends to violate the human rights of the victim. Chapter III of the Constitution of Eswatini, section 14 (1) (e) states that ;the fundamental human rights and freedoms of the individual enshrined in this Chapter are hereby declared and guaranteed, namely protection from inhuman or degrading treatment, slavery and forced labor, arbitrary search and entry. When loosely translated, this simply means; no one can be placed in prison without a good reason, be detained without trial; be tortured in anyway or be treated or punished in a cruel, inhumane or degrading way. 

Inhumane treatment from law enforcers and degrading treatment in the context of name calling is indeed a breach of this law. This law directly coincides with the Universal Declarations of Human Rights article 5 and 6. These state that; No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. Cohesively, Article 6 alludes that everyone has the right to recognition everywhere as a person before the law. Law enforcers are the law in context and they should that I am a human worthy of respect and dignity.

Swati citizens have a right to be free from all forms of violence from either public or public sources (including law enforcers themselves). Upholding the law serves as part of the law enforcers duty, but if that police officer violates the law; who then takes him to task? How then do I as an individual trust the system of justice?  On the fateful day, if I had tripped during the shoving and hurt myself, who would have catered for my medical expenses? What could have been the narrative thereafter? Police officers often tend to abuse their powers and continue to enforce brutality in the color of the law. The statements uttered by the officer were undeniably degrading. What impression had I given to make him believe I was now a whore? Under what pretext was I now defying the law such that I deserved to be arrested?

How then are we meant to trust our police officers? Are we meant to believe they shall uphold the law without prejudice and any means of brutality? Does justice exist in our dearly beloved Eswatini? Let justice prevail!!!