Trial of men on same-sex conduct charges postponed

The postponement of the trial against two Zambian men charged with same-sex sexual conduct whilst they continue to languish in prison is compounding their suffering, Amnesty International said.

“These men should not be facing the courts in the first place. Postponing the trial condemns these men to even more time in prison simply because of outrageous charges against them based on their perceived sexual orientation,” said Simeon Mawanza, Amnesty International’s Zambia researcher.

The trial, which was due to start earlier this week, was deferred as the presiding magistrate, Mr John Mbudzi, had to attend an urgent family matter. No new date has been confirmed yet.

Philip Mubiana, a hair dresser and James Mwape, a brick layer, both 22, were charged with committing acts “against the order of nature.” They were arrested after a neighbour reported them to the police, according to Amnesty International. It was the second detention for the two men in recent days, the group said. On April 25, authorities arrested them, and later released them on bail on May 2. They were arrested again just four days later.

Authorities subjected them to anal examinations without their consent and forced them to confess, the human rights group said.

"Anal examinations conducted to 'prove' same-sex conduct are scientifically invalid, and if they were conducted without the men's consent, contravene the absolute prohibition of torture and other cruel, inhuman and degrading treatment or punishment under international law," said Mawanza.

They have been in custody for more than four months after being denied bail. If convicted they face a minimum of 15 years in jail.

Laws prohibiting consensual, private, same-sex sexual activity criminalise the legitimate exercise of the rights to freedom of expression, conscience, expression and privacy. These are protected in numerous treaties ratified by Zambia including the International Covenant on Civil and Political Rights and the African Charter on Human and People’s Rights.

“This is a real test for the authorities to demonstrate their commitment to the principle of non-discrimination which underlines the enjoyment of all human rights. Zambia’s human rights record is on trial.”

In a separate case, human rights activist Paul Kasonkomona faces charges of “idle and disorderly conduct” after giving a television interview in April urging Zambia to recognise the rights of lesbian, gay, bisexual, transgender and intersex individuals.

“Zambian authorities must immediately and unconditionally drop the unfair charges against Mubiana, Mwape and Kasonkomona as they are nothing short of a gross violation of their most basic human rights,” said Simeon Mawanza.

Amnesty International adopted Mubiana and Mwape as prisoners of conscience, arrested solely for their real or perceived sexual orientation.

Homosexuality is illegal in Zambia and most African countries based on remnants of sodomy laws introduced during the British colonial era and perpetuated by cultural beliefs.

Punishments across the continent range from fines to years in prison.

Last year, a Cameroon appeals court upheld a three-year sentence against a man convicted of homosexuality for texting his male friend to say, "I'm very much in love with you."

South Africa was the first African country to impose a constitutional ban on discrimination based on sexual orientation.

But sexual violence against lesbians has become so common in South Africa, the nation has coined the term "corrective rape" to describe it.

A handful of other nations issue a death penalty for consensual same-sex relations, including Saudi Arabia and Iran, according to the International Lesbian, Gay, Bisexual, Trans and Intersex Association.