Jailing Of Homosexuals Sparks Zambia-US Diplomatic Row

By Paul Shalala

Chataba and Sambo talking to their lawyer Daniel Libati

last year. -Picture courtesy of The Punch newspaper

A diplomatic row has broken out between Zambia and the United States after two Zambian men were recently sentenced to 15 years each for practicing homosexuality.

The two men, 39 year old Japhet Chataba and 31 year old Steven Sambo, are the first Zambians to ever be convicted and subsequently sentenced for practicing homosexuality.

On 25 August 2017, a video of the two men dragging each other at a lodge in the central Zambian town of Kapiri Mposhi went viral on social media, sparking huge debate about homosexuality in this deeply conservative Southern African country.

In the video, Chataba was seen dragging Sambo back into the lodge where they allegedly had more sex.

The video formed part of the prosecution evidence during trial which was handled by Kapiri Mposhi Resident Magistrate Ackson Mumba who later convicted the two on August 3, 2018 and committed them to the Kabwe High Court for sentencing.

And last week, the High Court sent the two men to jail for 15 years, the minimum sentence people charged with “unnatural acts” can receive.  

This sentence resulted in a strongly worded statement by the United States Ambassador to Zambia Daniel Foote who brought in various issues to the debate.

“I was personally horrified to read yesterday about the sentencing of two men, who had a consensual relationship, which hurt absolutely no one, to 15 YEARS imprisonment for “crimes against the order of nature. Meanwhile, government officials can steal millions of public dollars without prosecution, political cadres can beat innocent citizens for expressing their opinions with no consequences, or poachers/traffickers can kill numerous elephants, barbarically chainsaw and sell their tusks, and face a maximum of only five years imprisonment in Zambia,” said Ambassador Foote.

The American envoy added: “Decisions like this oppressive sentencing do untold damage to Zambia’s international reputation by demonstrating that human rights in Zambia is not a universal guarantee. They perpetuate persecution against disenfranchised groups and minorities, such as people from other tribes or political affiliations, albinos, the disabled, our lesbian, gay, bisexual, transgender, and intersex (LGBTI) brothers and sisters, and anyone who is deemed “different.”

This statement led to a sharp reaction from Zambia’s chief diplomat.

“The Government of the Republic of Zambia takes great exception to the remarks made by the Ambassador on the decision by the High Court as well as his comparison of the homosexuality case to other cases of alleged thefts by government officials, political violence and poaching. The Ambassador may wish to note that all cases that are brought before the courts of law are adjudicated based on the available evidence.  It is extremely unfair and highly misleading to suggest that such cases are never brought before the courts of law,” said Zambia’s Foreign Affairs Minister Joseph Malanji.

Malanji added that Zambia is a signatory to major international and regional treaties protecting human rights and has several well-established institutions to promote and protect human rights. 

The sentence made it to the front pages of daily newspapers

At a press briefing in Lusaka, the Foreign Affairs Minister disclosed that he phoned the American envoy to express Zambia’s disappointment with his reaction to a matter he considers domestic.

And in a post sentence interview with foreign media, Zambia’s President Edgar Lungu said the Southern African country will not be bullied into adopting what he termed “foreign practices.”

“We cannot allow homosexuality in Zambia. We cannot be forced to allow men to marry men because even animals do not do so,” said President Lungu in an interview with British news channel Sky News a few days ago.

And one of Zambia’s prominent diplomats Emmanuel Mwamba says Ambassador Foote’s statement is in contrast with US President Donald Trump’s policy push that revises pro-LGBTQ rights and protection aggressively promoted by his predecessor Barack Obama.

Mwamba, a journalist who is currently serving as Zambia’s Ambassador to Ethiopia and the African Union, says President Trump promotes pro-family policies.

“The Trump administration has withdrawn special privileges fronted as "rights" granted to the LGBTQ community by the Obama administration in; healthcare, employment, housing, education, commerce, the military, and prisons. President Trump also issued an Executive Order to create obstacles for people seeking to enter the U.S. on the basis of LGBTQ alleged discrimination or harassment from conservative countries that ban or do not recognize these LGBTQ rights. The administration has also cut spending to the President's Emergency Plan For AIDS Relief (PEPFAR) for programs related to abortions and LGBTQ,” wrote Ambassador Mwamba in his opinion piece published by Mwebantu, an online news outlet.

Chataba and Sambo's  case has brought the issue of homosexuality back to the limelight.

Various interest groups, including churches have commented on the matter.

Because of the sensitivity of the matter, a few LGBTQ organisations operating in Zambia have not commented openly on the sentence for fear of the law.

In the past, about two cases involving homosexuality had been dismissed by the courts of law.

Coincidentally, the two cases were both held in Kapiri Mposhi, the same town where the recent case was tried too.

Kapiri Mposhi is a transit town in central Zambia which is located at an intersection of both rail and road junctions heading north to Tanzania, the Democratic Republic of Congo and south to Lusaka and other places in the south of the country.

Somizi Denied Entry Into Zambia Over Homosexuality

Somizi Mhlongo -Photo courtesy of PR Girl Media

By Paul Shalala

Zambia has banned South African artist Somizi Mhlongo from entering the country over his sexuality.

Minister of Religious Affairs and National Values Godfridah Sumaili says Somizi is not welcome in the country because he is openly gay.

Reverend Sumaili says Zambia will not welcome people who she described as having “questionable” characters.

“Every country has laws. Here in Zambia, we have a constitution that guides citizens on morals and its Christian values. We do not condone gayism. It is a crime and inviting such people means we are slowly accepting the vice,” Said Rev. Sumaili as quoted by the state-owned Times of Zambia newspaper.

She was referring to the preamble of the Zambian constitution which describes the country as a “Christian Nation.”

The “Christian Nation” declaration itself was made by Zambia’s second president Frederick Chiluba in December 1992.

Before that, Zambia was a secular state under the 27 year rule of its founding president Kenneth Kaunda.

Somizi has been invited by PR Girl Media, an influential public relations firm run by women which is organising a fashion show to be held in Lusaka in July.

The Idols SA judge was invited to come and show off his fashion at the event which has been dubbed “Lusaka July.”

On 19 June, PR Girl Media announced Somizi’s invitation in a tweet.

“It is not a secret anymore, an invitation has been sent out to fashion icon Somizi to attend the Lusaka July. We are just as anxious as you are for a YES!” reads the tweet from the handle @PRGirlMedia.

The announcement was retweeted seven times and liked 31 times.

Within hours of the tweet being sent out, social media in Zambia was ablaze with a debate on homosexuality.

The Zambian government did not hide its stance on the matter as Rev. Sumaili led others in opposing the invitation.

Information and Broadcasting Services Permanent Secretary Chanda Kasolo has also backed the banning of Somizi from the country.

“He recently got engaged to another man. Is that the sort of thing we can allow in this country? No, he isn’t welcome here,” said Kasolo in an interview with the state run Zambia National Broadcasting Corporation.

But PR Girl Media has described the banning of Somizi as fake news.

On Friday, the PR agency posted a newspaper cutting in which the Minister of Religious Affairs was quoted banning Somizi and the agency captioned the tweet with the words FAKE NEWS!!!

In an earlier statement issued on Tuesday last week, PR Girl Media urged its followers to wait for an official announcement over the Somizi issue.

“South African celebrity and TV personality Somizi has not yet confirmed to make an appearance at the upcoming Lusaka July event. While we appreciate your engagement and positive response to our social media post made by our team earlier today, we kindly urge you to wait the official announcement from PR Girl Media and Somizi,” read the statement.

But some Zambians are opposed to the decision by government to bar Somizi from the country.

Award-winning Zambian writer Ingrid Nayame says denying Somizi entry into Zambia is against international human rights laws.

“Zambia is a signatory to International Treaties under International Human Rights Law and the Universal Declaration of Human Rights. It is illegal to refuse entry into the country of anyone based on their race, gender, sexual orientation or religion or HIV status. The right to equality and non-discrimination are core principles enshrined in the United Nations Charter and Human Right Treaties,” wrote Nayame on her Facebook page.

She cited the International Covenant on Economic, Social and Cultural Rights and one of those protocols that guarantee Somizi’s rights to enter Zambia.

“The right to privacy is the protected freedom under the Universal Declaration of Human Rights. So what someone does in their bedroom has nothing to do with the State,” she added.

Somizi joins a list of influential artists, politicians and religious leaders from abroad who have been denied entry into Zambia for various reasons.

South Africa’s opposition DA leader Mmusi Maimane was turned away at the airport in May 2017 when he came to offer solidarity to UPND leader Hakainde Hichilema who was in detention.

In the same year, Prophet Ubert Angel of Zimbabwe was denied entry into the country.

A promotional poster for the event Somizi was invited for

And in March 2018, popular South African dancer Zodwa Wabantu was detained at the airport upon arrival in Zambia and sent back on another flight to South Africa after Rev. Sumaili said her dances are “immoral” and “Unchristian.”

Zodwa is popular for dancing without underwear and she reportedly told South African media before departure for Zambia that she would dance without underwear despite opposition from Zambian authorities.

President Lungu created the Ministry of Religious Affairs and National Values in September 2016 which is charged with the responsibility of guiding the nation on what are called religious and national values.