Saturday, January 05, 2013

A rainbow moment?

An unfortunate side-effect, if it could be called that, of making the world a village through trans-national transport and information and communications technology has been the influx of new ideas and cultural norms into Kenya. It seems a storm is brewing over the homosexual overtones of Witi Ihimaera's Whale Rider, one of the set books in use in our high schools approved by the Kenya Institute of Education. Education minister Mutula Kilonzo has declared that he'll have the book withdrawn from classrooms more than a year after students ave already studied it. Mr Kilonzo is reacting to entreaties from faith-based organizations, parents and teachers that are opposed to the "corruption of the minds" of the young from such "foreign" ideas. While the country has made great strides in the political arena, it seems that these strides do not extend to even the discussion of such subversive ideas such as homosexuality. Wishing homosexuality-infused books away - the literary version of burying our heads in the sand - seems to be the preferred strategy.

Some months ago, KTN aired a rather disturbing show on the homosexual scourge in Kenya. The TV channel invited Kenyans into the lives of homosexual sex workers in the country. It emerged that they are many and that they count as their clients many married men - and women. More than a decade ago, homosexual practices in boarding schools agitated even the National Assembly to action. Recently too, KTN aired the plight of prisoners undergoing years of confinement without conjugal visits from their spouses or significant others and their adaptation to the circumstances while incarcerated.

Kenyans are now faced with the stark reality of the matter. Homosexuality forms part of an unacknowledged discourse on sexuality and the fair treatment of all persons. Kenyans are now accusing each other of hypocrisy. In the light of day, we will condemn homosexuality as a sin and un-African; in the dead of night we will indulge in homosexual carnal pleasures. Married men and women will lie with their homosexual partners while keeping their partners in the dark about their urges and their escapades. Preachers will cavil against the scourge and congregants will loudly agree with them. The reality, however, is starkly different. More and more homosexuals will come out of the closet. Pretty soon, they will be a force to reckon with; there will be no turning back the tide.

Matters are complicated with the Non-discrimination Rule in the Constitution. While it does not mention sexual orientation at all, it does not preclude it either. Eventually, a brave litigant will argue in the courts that their right to be recognised and not to be discriminated against is guaranteed by the Constitution. This may compel the state to not only acknowledge the rights of same-sex partners, but to protect them too from the harassment they suffer at the hands of the so-called homophobes. Despite the general population's antipathy to homosexuals and the discussion of homosexuality, a day is coming when we will be forced to confront the issue head one and acknowledge that gay men and lesbian women - and bisexuals and trans-gendered persons - are human too and that they deserve the same recognition and protection that the rest enjoy.

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