Human Rights and Sexuality in Africa

Human rights refer to every person’s freedoms and entitlements to live in dignity. Sexual human rights require an environment in which all persons can control and decide freely on matters related to their sexuality; are free from violence, coercion or intimidation in their sexual lives; have access to sexual and reproductive health care information, education and services; and are protected from discrimination based on the exercise of their sexuality. These conditions are known as human rights related to sexuality, or simply, sexual rights, and the government of every country in the world is required to respect, protect and fulfil these basic human rights. The human rights approach to human sexuality entails insuring such rights as concerning comprehensive sexuality education, non-criminalization and other restrictions on safe abortion, banning of early and forced Marriage, female genital mutilation, gender-based violence, gender equity, gender identities and expressions, maternal morbidity and mortality, reproductive rights, rights of intersex people, rights of sex workers, sexual orientation and sexual rights of young people. The essay shall discuss the applicability and actual practice of the human rights approach to human sexuality in a typical Zimbabwean social context. The discussion shall be guided by such broad areas as sexual identity, sexual expression, sexual education, sexual reproductive rights, sexual liberty and sexual privacy. It shall be ultimately shown that in the local Zimbabwean social sphere some of these rights are applicable while others are not as they often collide with contrasting and conservative cultural, religious and legal norms and rules.

Human rights according to Charvet (2012) are the freedoms to which all humans are entitled, such as the freedoms of speech and religion, and the most basic right of all, to life. They are based on the inherent rights of freedom, dignity, and equality of all human beings – sexuality included.

Sexual and reproductive health and rights or SRHR according to Khumalo-Sakutukwa and Garbus (2002) are the concept of human rights applied to sexuality and reproduction. It is a combination of four fields that in some contexts are more or less distinct from each other, but less so or not at all in other contexts. These four fields are sexual health, sexual rights, reproductive health and reproductive rights. In the concept of SRHR, these four fields are treated as separate but inherently intertwined.

The human rights approach to sexuality recognises all and any sexual identity and expression that an individual may decide to pursue as a component of their basic human right. Kambarami (2015) asserts that the early years of the 21st century have seen a rise in the call to recognise, enunciate and protect the rights of lesbians, gays, bisexuals, transgendered and queer people as basic similar to those that are afforded heterosexual people and marriages.  Messer (2004) argues that the social context in Zimbabwe however recognises only two sexual identities, that is, heterosexual male and heterosexual female and criminalises any other. Sexual identity and expression rights in Zimbabwe are limited to two identities that are considered to be naturally occurring while the LGBTQ phenomenon is viewed as a western vile. Leclerc-Madlala (2000) contend that culturally and socially homosexuality and other sexual orientation that is outside the mainstream heterosexual matrix is frowned upon, denigrated, rebuked and criminalised. The cultural and legal ostracism of homosexuality in Zimbabwe therefore automatically precludes homosexual couples from negotiating and enunciating homosexual marriage rights and freedoms.

According to the Human Rights Monitor (2001) the human rights approach to human sexuality advocates for a recognition of sexual reproductive health were both men and women have the right individually and in unison to decide their own reproductive action and methods. These rights include contraception, maternity, copulation, abortion and marriage rights. Chirimuuta (2006) posits that legally and socially in Zimbabwe sexual reproductive rights are provided for in part and not as a whole. Chirimuuta (2006)  further assets that, for instance, women have the right to choose the method of contraception they desire, no law bars any woman or man from conceiving any number of children with any heterosexual partner they want, maintenance leave of up to three months is permitted by law, recently, in 2014, the supreme court ruled that a rape victim may be given emergency contraception so as not to fall pregnant, abortion is permitted under special circumstances such as rape, underage sexual relationships are criminalised and genital mutilation is outlawed. Kambarami (2015) is of the view however, that regardless of all the positives that exist in relation to sexual reproductive rights there are shortcomings when the human rights approach to human sexuality is considered. The human rights approach to sexuality for instance suggests that women should be allowed to decide whether or not to abort or carry a pregnancy to term regardless of the circumstances that led to the pregnancy. This is not the case in Zimbabwe and socially abortion is generally frowned upon and angers a lot of culturally conservative people. Furthermore maintenance laws are biased towards women and socially as well as legally the idea of a man taking care of a child is denigrated and not readily welcome. While due to the backwardness of technology and lack of knowledge and innovation, Khumalo-Sakutukwa and Garbus (2002) note, that most conception methods that are available to developed countries are not available to ordinary Zimbabweans, the social sphere within Zimbabwean society frowns upon such methods as surrogate motherhood, artificial insemination and adoption of children.

According to the International Center for Research on Women (2006) Kambarami (2015) the human rights approach to sexuality pushes for sexual liberty, that is, a right to indulge in any sexual relationship whether someone is monoamorous or polyamorous, has high sex drive, is demi sexual,  or is asexual, whether someone is comfortable with casual sexual relationships (one night stands, friends with benefits), or is comfortable with sexual relationships only while being in love, or sexual relationships only after long term commitment, or even sexual relations only after marriage, for one's own self. Kambarami (2015) suggests that while there is no law in Zimbabwe against how many sexual partners or how often one has sexual intercourse or in what type of relationship one has sexual relations, socially promiscuity is stigmatises, rebuked and denigrated. Furthermore, culturally and socially, while men can have as many sexual relations they wish before marriage it often is shameful for a woman to have been deflowered before her marriage and in some cultures in Zimbabwe this may be reflected in the amount of dowry that a man pays for his bride. Leclerc and Madlala (2000) note that women that are virgins at the time of marriage tend to have more bride price paid for them than those that are not virgins, that have given birth before or that have been married before. It is not only social or cultural conservatism however that makes sexual liberty difficult but modern day trends as well where disease such as HIV and AIDS require that people become more sexually responsible and wise.