Identifier
Created
Classification
Origin
09MBABANE354
2009-12-29 14:29:00
UNCLASSIFIED
Embassy Mbabane
Cable title:  

SWAZI SOCIETAL DISCRIMINATION AGAINST GAYS AND LESBIANS

Tags:  PHUM PGOV WZ 
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VZCZCXRO7177
RR RUEHBZ RUEHDU RUEHJO RUEHMR RUEHRN
DE RUEHMB #0354 3631429
ZNR UUUUU ZZH
R 291429Z DEC 09
FM AMEMBASSY MBABANE
TO RUEHC/SECSTATE WASHDC 3828
INFO RUCNSAD/SOUTHERN AF DEVELOPMENT COMMUNITY COLLECTIVE
UNCLAS MBABANE 000354 

SIPDIS

DEPT FOR AF/S (MHARRIS)

E.O. 12958: N/A
TAGS: PHUM PGOV WZ
SUBJECT: SWAZI SOCIETAL DISCRIMINATION AGAINST GAYS AND LESBIANS
COMMON, BUT LEGAL STATUS CAUTIOUSLY TOLERANT

REF: 130765

UNCLAS MBABANE 000354

SIPDIS

DEPT FOR AF/S (MHARRIS)

E.O. 12958: N/A
TAGS: PHUM PGOV WZ
SUBJECT: SWAZI SOCIETAL DISCRIMINATION AGAINST GAYS AND LESBIANS
COMMON, BUT LEGAL STATUS CAUTIOUSLY TOLERANT

REF: 130765


1. Legal Status: British colonial era legislation against sodomy
remains on the books, but post contacts knew of no cases where it
had been used to arrest homosexuals. Early versions of the proposed
Sexual Offenses and Domestic Violence bill, which has been before
Parliament since at least 2006, included a provision that would
declare homosexuality a crime with a minimum two year jail sentence.
NGOs and political "progressives" apparently were successful in
getting this provision removed because (a) it was contrary to
Swaziland's obligations under the International Covenant on Civil
and Political Rights, and (b) was not relevant to the thrust of the
bill.


2. Post has not been able to secure a copy of the current version
of the proposed bill to confirm that the provision on homosexuality
is no longer there, due to the Swazi traditional Incwala ceremonies
lasting all month. The bill has been pending for years, and the
Prime Minister had predicted it would be passed in 2009 on the wind
beneath the wings of the Anti-Trafficking legislation and attention
to the serious problem of domestic violence. It will resurface in
2010, but there is no known movement to use it to ban homosexuality.



3. Public attitudes: Gays and lesbians face considerable societal
discrimination in Swaziland, and homosexuals generally conceal their
sexual preference. Gays and lesbians who are open about their
sexual orientation and relationships face censure and exclusion from
the chiefdom-based patronage system, including possible eviction
from homes on Swazi nation land.


4. Most Swazi religious groups (overwhelmingly
Christian-affiliated) voice strong criticism of homosexuality, and
blame it on everything from western cultural influence to demons.
Some progressive elements and NGOs advocate for equal protection and
non-discrimination toward homosexuals, and in general the public
attitude (at least among the more educated population) seems to be
one of tolerance. Although the Lesbians and Gay Association in
Swaziland has been allowed to operate, some public functions (such
as a "Miss Gay" beauty pageant) have been closed down by police
within the last two years. The media has reported cases in the last
year of fathers from rural areas beating their sons severely for
actions or appearances judged to indicate a homosexual preference.
Attitudes toward male homosexuals are more harsh than toward
females.

Case Example: Lesbian Engagement Prompts Criticism
- - - - - - - - - - - - - - - - - - - - - - - - - -


5. The Swazi constitution defines marriage as a union between a man
and a woman. Research uncovered a report of a woman-to-woman
marriage some years ago, however, that was recognized by a chief for
property purposes. The waters were recently tested in a highly
publicized September 2009 engagement announcement by the president
of the Lesbians and Gay Association in Swaziland and her partner,
the first public announcement of its kind in Swaziland. Traditional
authorities, church leaders, and some members of Parliament spoke
out against the engagement, calling it immoral and against both
Swazi culture and Christianity. The Association president said she
subsequently lost her job due to the prominent negative media
coverage that included her personal life, family relationships, and
legal issues. She subsequently attempted suicide, the couple
separated, accusations were made in court by one regarding stealing
by the other, and the former fiance of the Association president was
recently found dead. The death is being investigated as a murder,
but not as a hate crime. In any case, the sad ending is fuel for
the anti-gay fires that smolder in Swaziland.

Morrison