Human Rights and Sexuality in Africa

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According to Charvet (2012) the human rights approach to human sexuality advocates a freedom of sexual expression to the extent that it is reasonable and does not impede on the rights of others. For example public shows of affection such as holding hands and kissing, cross dressing, miniskirts and tight fitting clothes are all forms of sexual expression that are permissible and are the rights of those carrying them out. Khumalo-Sakutukwa and Garbus (2002) assert that casual talk of sexual prowess and other sexual issues to the extent that they do not impede on the rights of others are also permissible. However in Zimbabwe’s socially, culturally and religiously conservative society even the slightest show of affection such as a kiss on the chick or even affectionately holding hands is frowned upon and may attract public ire, rebuke or in some cases beatings and insults. According to the Chronicle (2016) on three occasions in the same year of 2016 a women deemed to be dressed in a sexually provocative manner in Harare’s central business district was harassed and stripped by the crowds that whistled, insulted and humiliated them. Messer (2004) suggests that this is in sharp contrast to western societies where in some locations they have legally nudist discretion such as Agesta Beach in Sweeden, Patara Beach in Turkey and Filaki Beach in Greece where people can prance around in the nude. This aspect of human rights is therefore not one that applies in totality within the typical Zimbabwean social context. While prostitution has been decriminalized in Zimbabwe, prostitutes are not afforded specific rights under law as would be required by a complete embrace of the human rights approach to human sexuality. Kambarami (2015) posits that prostitution is a commercial form of sexual expression and identity which the human rights approach to sexuality suggests required a comprehensive set of laws in order to protect prostitutes from harm. Culturally and legally prostitution is frowned upon and exercised with a considerable amount of risk.

According to Leclerc and Madlala (2000) the human rights approach to human sexuality advocates for equitable sexual health where both the male and female human species is privy to and afforded equal access to sexual health in such matters as prevention, diagnoses and treatment of sexual diseases, negotiation of contraception during intercourse, access to information on gender specific illnesses such breast and cervical cancer or prostate and testicular cancer. Messer (2004) suggests that the human rights approach to human sexuality also posits protection from sexually oriented habits and customs that compromise the health of people such as virginity testing, genital mutilation, circumcision by people other than trained health personnel such as doctors and nurses. This is an aspect of the human rights approach to human sexuality that is applicable to the Zimbabwe social sphere as both central and local government and traditional leaders have embraced modern views on sexual health particularly with regard to banning such risky practices as genital mutilation. In this aspect most of the Zimbabwe population has evolved and become more enlightened even in rural areas as to castigate practices that compromise the health of both sexes male and female. Khumalo-Sakutukwa and Garbus (2002) assert that circumcision, for example, is done free of charge at most government hospitals, which is only one of the measures taken by government in its fight against HIV and AIDS.

The human rights approach to human sexuality also concerns itself to the right to sexual privacy. Chirimuuta (2006) is of the view that this aspect of the approach to human sexuality readily applies to the local social context as both culturally and socially and in some instances legally so, sexual practices are to be experienced in private and not subjected to public display. Kambarami (2015) posits that exhibitionism is outlawed in Zimbabwe and in most rural areas where traditional leaders such as chiefs have jurisdiction any public display of sexuality that is deemed as extreme is subject to prosecution under traditional or cultural custom. The transgressors are often brought before a village hearing or trial where they are publicly ridiculed and often end up being required to pay a hefty fine and cautioned against repeating such behaviour. The Human Rights Monitor (2001) suggests that in Zimbabwean culture it is believed that sexual transgression such as public sexual behaviour or incest upset the ancestors and God whose wrath may cause misfortune to befall the entire community for instance draught or natural disasters such as earthquakes. The government also outlaws the public sharing or trade of pornographic material which reinforces the concept of sexual privacy.

The right to sexual education is also an important component of the human rights approach to human sexuality. Charvet (2012) argues that sex education is instruction on issues relating to human sexuality, including emotional relations and responsibilities, human sexual anatomy, sexual activity, sexual reproduction, age of consent, reproductive health, reproductive rights, safe sex, birth control and sexual abstinence. Sex education that covers all of these aspects is known as comprehensive sex education. Messer (2004) suggests that common avenues for sex education are parents or caregivers, formal school programs, and public health campaigns. With the advent of terminal and other sexually transmitted diseases such as HIV and AIDS, herpes zoster, hepatitis and syphilis among others the Zimbabwean society has embraced the right to sexual education so that age appropriate sex education is offered at every stage of a person’s life from infancy, adolescence and adulthood. According to Kambarami (2015) sexual topics had for a long time been sensitive topics and in some instance it was taboo to openly discuss sexual issues. However age appropriate discussion that is meant to educate people on sexual matters such as contraception, domestic abuse, abstinence, pregnancy and rape among other issues are more than just welcome but are now part of the curriculum in schools and the discourse between parents and children as part of child rearing.

The right to protection from domestic and other abuse on the basis of gender or sexual orientation is another underlying attribute of the human rights approach to human sexuality. Khumalo-Sakutukwa and Garbus (2002) assert that the concept suggests that no one must suffer physical or psychological harm or other forms of discrimination by virtue of their gender or sexual reference. In Zimbabwe this right is readily available for those people within heterosexual relationships as evidenced by the domestic violence Act of 2006 which criminalizes any abuse that either a woman or man might suffer from