Gay abandon(ment)...

Burundi, like South Africa, has a constitution that protects human rights. Part of this protection of human rights is the protection of people's right to practise their cultural beliefs. This is often easier said than done. Western-based conceptions of human rights often differ from local-based beliefs about rights and when these two conceptions clash it becomes difficult to judge which one takes precedence.

The Burundian government passed a law this week criminalising homosexuality. Any consensual sexual activity between two people of the same sex is punishable by two to three years in prison. President Nkurunziza described homosexuality as a 'curse'. Despite these deep seated beliefs that the president felt no shame in voicing publicly, the document was signed in secret with many human rights group unaware that it had even been drafted until after the fact. Governmental bodies relied on their 'culture' and 'customs' to legitimate the introduction of this law. It is described by Human Rights Watch as a 'disappointing step backward'.

This legitimation of human rights violations in the name of culture seems like an obvious move to slip out of the realm of criticism on the part of the leadership. Who is legitimately able to criticise culture? It is created as an a-historical, unchallengeable 'thing' that does not allow for negotiation and 'has always been so'. That is exactly the beauty of this move for governments and human rights naysayers. They can rely on something unquestionable to allow them to make statements that are politically incorrect (at the best of times) and violence inciting (at the worst of times), and cannot face any criticism for it because it is itself politically incorrect, at least in South Africa, to criticise or question another person's culture openly. So we are left biting our tongues in the hopes that someone will do something about it.

Here at home we have had no shortage of similar dangerous statements made by various political figures. For example, in the rape trial of Jacob Zuma, misogyny was the word of the day. He suggested that because of his status as a 'Zulu' boy, he was culturally expected to have sex with a woman who sat with her legs uncrossed. It was culturally rude not to have sex with a woman who so 'obviously' was 'ready' for it. Similarly he stated that as a young Zulu boy, if a gay person stood in front of him he would knock him down. He called gay people a 'disgrace'. Another prominent figure Manto Tshabalala-Msimang encouraged people to use 'cultural' remedies rather than anti-retroviral medicine when HIV positive.

Similarly, human rights are presented as inaliable, non-contingent and certain. Another universal worldview that perhaps doesn't fit into the lives of most people. They ensures that everyone is legally the same - a difficult goal to implement in a world where so few people are the same, and so few governments want to treat them that way. Like human rights, 'culture' exists and is perpetuated in the minds and beliefs of ordinary people. It is through their behaviour and actions that it is presented to us - intangible - with very real effects.

But the critical thing is that culture did not arise out of nothing. It has been moulded and sculpted by the powerful until it has met their needs and ends. It has been used as a story backdrop to ensure that people are caught up in the magic and unity of it, often without questioning the dangers it poses. Standardly 'othered' groups often remain othered by 'culture' and by legitimating fictions that seek to present it as unquestionable. When someone says that it is his cultural right to do something to another person it moves the debate about the rightness or wrongness of that action out of the sphere of logic or negotiation. The debate is ended and the winner takes it all.

So what can the ordinary person do when faced with trends of leadership that suggests disrespect and disregard, for the rights of homosexual people? How can each of us negotiate with the powerful and help them choose the right way to reshape culture for a more positive future?

My suggestion - talk. The most frustrating thing about about the Burundian case is the secrecy under which the whole thing has taken place. If your culture is something that you are proud of, then be proud, explain to others how it works and how you feel you are a part of it. More importantly, allow others to do the same.

When the time comes to make a choice between limiting others or freeing them, perhaps we can only hope that our governments will mimic our efforts, take a step back, and listen.

Footnote: For those of you interested in this story, or who want to make your voice heard to reject human rights abuses like this, please visit the human rights watch website - its incredibly proactive and useful.