Colonisation in the 21st century

                                                                      

We have always (Eswatini) deemed ourselves as a country that is independent and every year on the 6^th of September we as a nation celebrate the independence. As always we link this to the day in which the country was set free from colonial rule, and as a nation we adopted / had the constitution of Eswatini come into effect years back on this day (I will choose to ignore the nitty gritty's  of the repeal etc) . I pose this question; are we really independent?

Independence is a concept of being liberated from a certain type of leadership; a leadership that is foreign, does not really have its mandate set on promoting every individuals livelihoods and rights in a communal setting etc. As opined by Kosovo in 2015, independence is the state of self-governance by a body or group nation, country etc. The idea or theme surrounding independence is that of bringing about an essence of equality and promotion of ideal values which benefit everyone and everyone believes in.

Eswatini

As a nation we continue to say we are independent because we have a ruler who is ‘our’ kind a ‘Swati’ and that we as Swati’s are managing our nation (well I believe so). None the less, each country has a constitution which is meant to depict the beliefs of the society and this document is essentially written to protect the people and it is for the people. Our constitution I must say still has an element of foreign rule as it has laws inherited from colonisation. The reason I say this is because some laws are of colonisation origin and yet we somehow continue to uphold them. We have indoctrinated them and embedded them in our society and in such a way, gone astray from our values as a society of ethnic origin. The common law, under the sodomy act criminalises consensual same-sex relations between two consenting males. This piece of legislation was adopted from the Dutch common Law. It is not of ethnic origin and therefore brings about the question; are we really liberated or independent?

Ethnic values

The mere notion that we are Swati means that we value our culture and we ‘hope’ that it will protect everyone. We are a country that upholds love, peace and respect for each-other. We hold ourselves true to this, we acknowledge ‘ubuntu’ as a principle. LGBTIQA+ identities have always existed in our country, mind you in the context of transgender identifying individuals, we have always been revered. We have been called two-spirited individuals, mediums etc among other things (at some point in time). The connotation that we have never existed is entirely absurd. It is comes as a shock then when our government officials dismiss our existence in society and claim that our existence is not valid.

Colonised

To me it sounds like we are still colonised, but in a modern way. We are now colonising each-other. Mind you, colonising is defined as a process or action of settling among or establishing control over indigenous people. To me it is simply like we took the gun from the oppressors and then we are literally oppressing our own kind. The law is simply segregating its people, causing a division over sexual orientation and yet as a nation we should be united.

Change

The dawn of change is upon us and as such we should embrace it. Let equality for all, simply encompass all regardless of the social stratification that exists; gender, race, sexual orientation etc. We need to seriously ponder on this, do we want to colonise each-other or essentially liberate everyone?

A victim of shame

I have always been the one to advocate for people standing up-for their rights and i shall continue to do so. The other day I had a dear friend narrate a story of a recent ordeal whereby their right to privacy was violated. Privacy of-course is the state of being apart from other people or concealed from their views.

It is sad to know that these days we can no longer trust the people we confide in. It turns out that my friend went to this particular professional seeking medical psycho social assistance, and only to find that the trust he had for this professional to maintain professionalism would soon be betrayed. The whole concept of having to share your information and thoughts with someone is always daunting; but one feels better and lighter when knowing that the piece of information shared is to be kept safe. It is not shared willy-nilly.

In my friends instance, it so happened that the information shared ended up causing family issues; in-fact causing the family to believe that he is ‘cured’ from being gay and is now ready to commit to a woman. As I type this, the family is getting ready for a wedding and my friend is still in shock. He cannot even bring himself to tell the parents that he is not in-fact in a relationship with a woman. The snowball effect of a single story, told in secret to a practitioner has led to an individual practically having his life distorted.

Confidentiality clause

It remains true that confidentiality is a fundamental aspect of health work; especially when the work deals with individuals’ issues and emotions. The thought process that went into deciphering the confidentiality clause must have been immense and it was on a basis of curbing psychological violence. The aim of the clause in each practitioner’s contract I believe is meant to protect both parties. The patient is meant to sleep peacefully knowing that their information is well protected and safe. Cohesively, it keeps the practitioner (him or her or they) in-check over the work that they do. It is more or less a guide for one to stay steadfast and continuously inspired by the work that they do.

Violating the clause and ethics

By violating the clause (information divulsion), one is definite to put another on the spotlight and in the way of harm. In-fact, one is definite to feel violated and loses trust and confidence in the practitioner. Not only do they fear ever going back to that particular practitioner, but they fear going back to another or referring another person. This therefore causes a gap in the system.

Respecting the work

In all essence, every single person is meant to respect the work that they do. This is particularly true if that work includes working directly with people. The standards, principles and values of each institution are meant to bring every individual to this accord. Respecting ‘the’ work entirely means that one essentially values the people that are ‘the work’.

Ubuntu forgotten

                                           

                                                            

The continent has been abuzz with the recent xenophobic attacks and to me this merely is a sign of a bigger problem; if not a first phase of this huge calamity awaiting the continent. As African nationals, we have always been groomed in the spirit of Ubuntu, the spirit of brotherhood and sisterhood. Tata Madiba (Mandela) would always emphasize this in most of his speeches and so would our very own King Sobhuza II. During one of Arch-Bishop Desmond Tutus speeches, he narrated that,’ a person with ubuntu is open and available to others, affirming of others, does not feel threatened that others are able and good, for he or she has a proper self-assurance that comes from knowing that he or she belongs in a greater whole and is diminished when others are humiliated or diminished, when others are tortured or oppressed, or treated as if they were less than who they are’’. This surely means that as a society/ nation/ nations, we are meant to uphold values of love and not resentment.

Disheartening

It is very disheartening to know that an individual would want to take another’s life because they feel another is somewhat their source of poverty. They actually claim that their fellow counterparts / Africans come to their countries and loot or take away their jobs. The issue of poverty cannot be attributed to other people, in-fact poverty is merely a challenge for one to get up and change their lives. As alluded by Nelson Mandela in his speech (22 August 2003), a nation cannot solve its issues of poverty and other social problems if they have no concept of time. Poverty alleviation is essentially about one taking a stand against it and using their time wisely in a day (one of the ways). Poverty is not caused by people from other countries coming to another country. Instead those people bring with them skills which can be shared amongst a society and help improve the standard of living.

Essence

The actuality of the word Ubuntu; a philosophy word with Nguni origin or meaning, “the quality of being human”. To the bystander, ubuntu can be seen and felt in the spirit of willing participation, unquestioning cooperation, compassion, warmth, openness, and personal dignity demonstrated by the indigenous black population. The spirit of being human cuts across all borders (has no boundaries or borders). It is what makes a civilisation and what unites us as a continent. Even with our different languages, more or less similar cultures we uphold values of Ubuntu.

The mere fact that we have forgotten these teachings points out to social decay. I have always said that civilizations are built on peace, solidarity and compassion. These three pillars have grown countries to their utmost best. If we as a human civilisation are able to douse another with petrol, hang a tire around their necks and set them alight, then we are seriously losing the plot. What have we replaced Ubuntu with; I wonder? How are we as African nationals meant to build our Africa into being a unified and glorified continent, if we still see each other in the eyes of resentment? I am sorry to say but setting alight an individual or raping them has never really solved an issue. Talking about issues has always worked for us as humans; not acting on impulse. I believe that is how tribunals were formed, to help resolve issues in a congregatory manner.

Rights For All

      

                                                                                                                   

 Rights For All

The mere concept of rights is to unite society in a more harmonious, inclusive and comprehensive manner. Rights are of course, a means to which life is promoted, protected and cherished in society. They have some kind of snowball effect towards each other, thus you may not have one right and leave out the other.

The Constitution of Swaziland in chapter III (24) affords Swati citizens the right to freedom of expression etc. Now, this may loosely be translated as being afforded the ability to present yourself to society as you deem fit. The issue of concern currently is that of gender expression and sexual identity. The era we live in has its inhabitants being gender and sexually expressive. It is true to say that expression has taken many forms and should be embraced in all its kind.

 Depressing

 It is very depressing to know that in as much as the Constitution promotes the expression of individuals; a section of the Common Law disregards this. This is of course outlined by the Common Law under the Sodomy Act. It states that same-sex consenting males cannot engage in sexual relations. This is listed as being un-natural.  The implications of the act are in-fact endless as it tends to create stigma and discrimination around male couples (continued stigma when accessing services such as that of health), the micro-aggression, the inability for individuals to live their lives to the fullest (having to have secretive relationships) and fears of conviction. The aforementioned are just a few, imagine the indirect complications this law brings about. The law itself does not only violate one right but delves into the right to privacy. It implies that what occurs behind closed doors is no longer private; public knowledge as some may say.

 Change

 The time for change is now and this is in-fact true to the repeal of such oppressive laws. De-criminalization of the Common Law, Sodomy Act is necessary. These laws are no longer relevant in the countries that first imposed them.

Luhlobo Lwenu; Your Kind

The other day I went to seek medical assistance in a certain hospital, since I had somewhat sustained a hip due to a nasty fall. Nonetheless, as I was ushered into the hospital corridors, the lovely gentleman said to me; wait here sir, you will follow right after this gentleman.  If only you had seen the grin on my face. He had referred to me as a sir; a connotation I always tell people to use.

Fast forward, I am inside the nurses’ chamber and she starts registering my name and other personal details. As a part of her questioning process, she highlighted a few questions which include; what is your name, when last did you have an HIV test and have you circumcised yet? Now the moment she got to the latter question, I myself paused for a minute. I responded to tell her that I had not seen it fitting that I do one yet. I mean after-all, I haven’t really transitioned.  I saw her face change, she shook her head for a minute and there-after said; ‘oh well I know your type of people, in-fact I consider myself an ally’. Now, I know she meant well but the way she relayed her message was not at all convivial. Her mere expression was utterly segregatory. If we are to uphold wholistic inclusivity, there should be no ‘kind’.

Segregation

Growing up I used to have my mother tell me to unpack fruits she had bought. Never did I partition or segregate them. I always used to put them in one container because I believed they were fruits, and as such they did not have to be placed in different containers. The mere concept of inclusivity entails that one is a human, and as such should not be placed in categories. The connotation of having a specific kind depicts a sense segregation of

sort. As outlined by Schelling (1969), segregation is in-fact an act of setting something or someone apart from other people or things or being set apart.

Inclusivity

Inclusivity is of-course a policy of including people who might otherwise be excluded or marginalized. One should not be labelled a specific ‘kind’ just because of their sexuality or their mere gender expression. In as much as she identified herself as an ally, she didn’t wholistically encapsulate this ideal. Embracing inclusivity means that one acknowledges that an individual is a part of the society and as such should not be treated any differently, or referred to be as being different.

Solution

I always tell people to specifically ask individuals how they should be referred to; as to not cause any discomfort. I doubt asking an individual how they wish to be referred to has ever caused any uneasiness and discomposure to anyone. In-fact it merely shows understanding and appreciation of individual diversity. Let us respect honor and respect individuality. Let us embrace inclusivity wholistically. Let love win and remember that your body is your right.

The Anger within

Earlier this week, we ran a campaign on stress and anger management. Most people would wonder as to why we chose to do so. The reason behind this is that, as individuals we fail to understand that anger and stress are part of our daily challenges. Managing such is a principle skill which one should possess.

As LBGTIQA+ identifying individuals, we tend to be faced with a lot of challenges such as neglect from our families, a lack of support and most importantly being shunned by the immediate society. All this may to build into anger and resentment in an individual. The psychology behind one being shunned and dismissed by their family and peers serves to build up anger inside them; in-fact it tends to test their life coping skills. As psychological studies emphasise, rejection of LGBTIQA+ individuals often starts at home, and as many as 50% of LGBTIQA+ teens experience a negative reaction from their parents when they come out.

 30% experience physical abuse and 26% are kicked out of their homes. LGBTIQA+ adults who report family rejection are 6 times more likely to be depressed and 3 times more likely to use illegal drugs and 8 times more likely to have attempted suicide than non-rejected young adults(Friedman, Clinical Psychologist). The attempt to commit suicide or use drugs in psychology is usually associated with negative stress and negative anger management. Anger as a result of the discrimination portrayed towards LGBTIQA+ identifying individuals continues to vary and this may include mere derogatory commentary, bad jokes and at times continues into violence.

The Society

The suffering of LGBTIQA+ goes un-noticed in our dear Eswatini as more and more individuals continue to be evicted from their homes and communities. The anger building up within these individuals is un-imaginable.  As a society we tend to neglect the consequences of our actions towards others. We never realise the harm we have done until it actually emanates in the form of violence or increased statistics of drug abuse. Even then, we try to find plausible explanations like; bad friends, or juvenile delinquency etc .We fail to acknowledge that the hate dispelled onto LGBTIQA+ individuals at a very young and tender age was the main causation. The drug and alcohol abuse, suicide attempts are merely just symptoms of an underlying issue. This issue being, ‘anger’ which has been building up for years.

Change

Change in how we treat each other as a society is quite crucial and necessary. A famous quote by marcandagel emphasises that; ‘if you have the power to make someone happy today, do it. The world needs more of that’. The world indeed requires more of love and less hate. No country or society has ever grown or thrived through hate; instead our mere existence as mankind is based on love. Love in all its forms can never lead to stress and anger; hate is the recipe for such. Love should be at the helm of all that we think, do and say. As alluded by Adulyadej, a good person can make another person good; it means that goodness will elicit goodness in the society; other persons will also be good.

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!!!

The Individuality aspect in Pride

As the month draws to an end, one cannot stop to marvel at the events that made June an amazing month. This month has definitely united scores of people. These people shared different backgrounds, different ethnic groups and different sexual orientations.

This past weekend the Rock of Hope Eswatini, through funding and sponsorship from both local and international organisations; was able to successfully host its 2^nd Pride event. This event was marked with joy, an aura of jubilance and that of embracing sexual and cultural diversity and ethnicity. Throngs of people came out to participate in the event, but what made it worthwhile was how people dressed and embraced the rainbow flag colours in their outfits.  

Although the actual day was met with an atmosphere of elation, what many do not understand was the doubt that lingered over the whole event; in the previous weeks. This can be attributed to the delays in securing a street.  Delays In my view can be ascribed to dilatory tactics which were employed in the form numerous procedural requests during the application process. Thousands of people waited in anticipation to get the go-ahead that a street had been approved for a public parade. The calls were endless, messages flooded in until at-last, the street was granted. This was the first of many achievements The Rock of Hope hurdled across in-order to successfully host pride. Perseverance has and continues to be the core attitude in our work.

The essence of Pride day is in-fact the parade itself. Ever noticed how as humans we always parade our achievements? How we show it off to our counterparts? How each achievement brings joy to our hearts; now that is the essence of pride.  Each stride has meaning, each step embracing the whole concept of being Proud.  As queer identifying individuals and queer supporters joined in song together to celebrate their diversity, it no-longer became an individual affair but more of a communal affair; with individual significance. 

A few weeks ago, I had the opportunity to have engagements with Waterford Kamhlaba college pupils and staff during their pride week. One of the, discussions on the day were about sexual diversity and how it infiltrates into the livelihoods of individuals.  The diverse culture present in the school tends to remind one of how as a society we live in a communal setting but we are diverse and specific individuals. At the end of the day; it is all about that one particular individual who is queer and is nervous to come out. That one particular individual who just came out yesterday and just got shunned and rejected for being gay. That one queer person who just came to terms with being queer and is ready to share it with the world. Pride is all about that particular individual; to give assurance that in as much as they may be queer, they are still a part of a community that promotes love and diversity.

In health promotion, it is always said that programs are designed for the individual but pioneered on the larger scale; community. The methods of administering such health programmes and services vary from being merely negotiated or enforced. On Saturday the 22ndof June, people took to the streets to negotiate for their rights. These are their human rights which generally tap into their livelihoods and overall wellbeing.

In Eswatini, the cultural and judicial systems are used to govern the country; binary system of law.  The current status quoi alludes that, in the country LGBTIQ+ identifying people continue to be stigmatised and discriminated for their sexual orientation. This can be attributed to cultural beliefs which tend to label homosexuality as being a taboo. Cohesively, laws such as the 1907 Dutch Common Law tend to propagate the stigma and discrimination. These laws deny LGBTIQ+ citizens the right to full expression of their sexual identities. Although, the law is not enforced, it still serves as a barrier towards freedom of expression. It merely, says; we shall lock you up in a cage, carry the keys and we shall decide when to lock it.

These archaic laws violate constitutional rights and international conventions, such as the International Covenant on Civil and Political Rights (ICCPR), and are no longer relevant in the countries that first imposed them. Pride aims to raise awareness on the rights of marginalized groups including sex workers and LGBTIQ+ identifying people. These groups continue to be impinged in the country due to laws that criminalize same-sex relations, and laws that do not explicitly protect marginalized groups against discrimination.

So, in these last few days of pride month and months moving on, let us acknowledge diversity and embody the notion of humanity. Let us embrace the principle of Ubuntu and communal living. Let love win, and let there be equality for all.

Assumption VS Consent

The other day I had the opportunity to attend a court case which was of immense interest to me. I cannot divulge what the case was about because of the victim’s interests but let us just say it was of a

human rights violations nature. On the stand, was the witness of the crime and she was being

questioned by the oppositions lawyer. The story goes; on the fateful night, the said witness left with the accused after a night out of partying. They entered into a filling station and the accused went and

bought himself a pack of cigarettes and a box of condoms.

According to the lawyer, this should have pronounced to the witness that he was intending to engage in sexual relations with the witness; since of-course they had once had a sexual encounter before. According to the witness, she had no intention of engaging in a sexual relation with the accused on the said night; in-fact, she had no interest on the said accused because she had no emotional attraction to him and obviously because there had not been any talks on the said night about interactions. In-fact the witness just got a lift home and was willing to spend the night on her own.

Now, does it mean that just because you saw someone purchase a box of condoms, and that he or she

was your previous lover that you intend or are obliged to sleep with him or her? Does it mean that just because you requested a ride home that you are willing to engage in sexual relations? Is it not that you might be purchasing those condoms for you and your consenting lover at home? Is not that you may just be purchasing the condoms since you had run out of them at home and you are just replacing them for another sexual encounter with your consenting partner? For so long, we have been advocating for consent and not assumption. Assumption as defined by the dictionary is something that is accepted as true or as certain to happen, without proof. A presupposition of an act or decision; in loose terminology.

On the contrary, consent is permission for something to happen or agreement to do something. These

two terms cannot be used interchangeably because in one of them, the party has to literally agree whilst in the latter, one practically ‘supposes’ that he or she has agreed. Whether one is intoxicated or not; an assumption serves no basis to engage in sexual intercourse with them. It goes without saying that in as much as the lawyer was defending his client on this case, human rights should remain up-holded.

According to the human rights declaration by the United Nations, article 18 and 19 clearly state that

everyone has the right to freedom of thought and conscience. Correspondingly, article 19 alludes that

everyone has the right to freedom of opinion and expression. In a nutshell, everyone’s opinion matters and this is inclusive of the freedom to consent.

Clearly the witness on the stand had a right to consent to the accused supposed assumptions of him

engaging in sexual relations with her. The lawyer on the other hand had no right to badger the witness

on assumptions that just because she was with the accused during his procurement of condoms, that

she had intentions of engaging in sexual relations with him. Let our court systems uphold laws and

conserve human rights in all levels.