Glossary of Key Terms = i
I. Introduction = 1
A. Summary = 1
B. Contexts: HIV/AIDS, Inequality, Identity = 3
C. Brief Recommendations = 9
II. The Spread of Homophobic Rhetoric in Southern Africa = 12
A. Zimbabwe: From Book Fair to Book Burning = 12
B. Namibia: Obsession and Opportunism = 24
C. Zambia: “Wanting to Help Others Was the Worst Crime of All” = 34
D. Botswana = 46
E. South Africa: Signs of Hope = 51
III. The Hand of the State: Abuse and Discrimination by State Actors = 56
A. “Fatima’s” Story = 56
B. Words Hurt: Stories of Police Abuse = 62
1. Tina’s story = 71
2. Romeo’s story = 73
3. Kuda’s story = 75
4. Dominic’s story = 76
5. “Natasha’s” story = 79
C. Under Permanent Investigation: The Effect of Sodomy Laws = 83
D. Extortion = 92
E. State Discrimination and Abuse in other Spheres = 103
1. Association and assembly = 103
2. Censorship = 104
3. Human rights abuses in the context of schooling = 107
4. Health and HIV/AIDS = 109
IV. “Nowhere is Really Safe”: Violence and Harassment by Non-State Actors = 117
A. Carlos’ Story = 117
B. Visibility, Violence, Discrimination = 123
1. Violence in the community: punishing vocal dissidence = 124
2. Violence in the community: policing visible difference = 133
3. Violence and harassment in clubs and gathering places = 149
4. Discrimination and harassment at the workplace = 156
5. Discrimination and harassment at the hands of the church = 159
6. Violence and silence in the family = 164
7. Suicide: “The closet is a dark room” = 172
8. “The pressure is mostly on women” = 175
V. Realizing Rights: The Challenge of South Africa = 179
A. Equality and the Law = 180
B. Persisting Prejudice, Ongoing Abuse = 187
1. Violence and discrimination in the community = 187
2. State responsibilities: official responses to abuse = 196
3. State responsibilities: community education = 200
C. Gender Identity and Expression = 203
D. Knowing Rights, Accessing Redress = 207
E. Employment = 209
F. Parenting = 212
G. Partnership = 213
H. State Silence = 219
I. Realizing Rights = 227
VI. Conclusion = 231
A. International Law = 231
1. The right to freedom from discrimination, and the right to privacy = 231
2. The right to freedom of expression = 233
3. The rights to freedom of association and assembly = 234
4. The right to freedom from arbitrary arrest and detention = 236
5. The right to freedom from torture = 237
6. The human rights of the child = 239
7. The human rights of women = 241
8. The right to health = 243
9. The right to marry and found a family = 244
B. Detailed Recommendations = 246
C. Postscript: Heather’s Story = 251
Appendix = 256
Before the law: Criminalizing sexual conduct in colonial and post-colonial southern African societies = 256
Methodology = 298
I. Introduction = 1
A. Summary = 1
B. Contexts: HIV/AIDS, Inequality, Identity = 3
C. Brief Recommendations = 9
II. The Spread of Homophobic Rhetoric in Southern Africa = 12
A. Zimbabwe: From Book Fair to Book Burning = 12
B. Namibia: Obsession and Opportunism = 24
C. Zambia: “Wanting to Help Others Was the Worst Crime of All” = 34
D. Botswana = 46
E. South Africa: Signs of Hope = 51
III. The Hand of the State: Abuse and Discrimination by State Actors = 56
A. “Fatima’s” Story = 56
B. Words Hurt: Stories of Police Abuse = 62
1. Tina’s story = 71
2. Romeo’s story = 73
3. Kuda’s story = 75
4. Dominic’s story = 76
5. “Natasha’s” story = 79
C. Under Permanent Investigation: The Effect of Sodomy Laws = 83
D. Extortion = 92
E. State Discrimination and Abuse in other Spheres = 103
1. Association and assembly = 103
2. Censorship = 104
3. Human rights abuses in the context of schooling = 107
4. Health and HIV/AIDS = 109
IV. “Nowhere is Really Safe”: Violence and Harassment by Non-State Actors = 117
A. Carlos’ Story = 117
B. Visibility, Violence, Discrimination = 123
1. Violence in the community: punishing vocal dissidence = 124
2. Violence in the community: policing visible difference = 133
3. Violence and harassment in clubs and gathering places = 149
4. Discrimination and harassment at the workplace = 156
5. Discrimination and harassment at the hands of the church = 159
6. Violence and silence in the family = 164
7. Suicide: “The closet is a dark room” = 172
8. “The pressure is mostly on women” = 175
V. Realizing Rights: The Challenge of South Africa = 179
A. Equality and the Law = 180
B. Persisting Prejudice, Ongoing Abuse = 187
1. Violence and discrimination in the community = 187
2. State responsibilities: official responses to abuse = 196
3. State responsibilities: community education = 200
C. Gender Identity and Expression = 203
D. Knowing Rights, Accessing Redress = 207
E. Employment = 209
F. Parenting = 212
G. Partnership = 213
H. State Silence = 219
I. Realizing Rights = 227
VI. Conclusion = 231
A. International Law = 231
1. The right to freedom from discrimination, and the right to privacy = 231
2. The right to freedom of expression = 233
3. The rights to freedom of association and assembly = 234
4. The right to freedom from arbitrary arrest and detention = 236
5. The right to freedom from torture = 237
6. The human rights of the child = 239
7. The human rights of women = 241
8. The right to health = 243
9. The right to marry and found a family = 244
B. Detailed Recommendations = 246
C. Postscript: Heather’s Story = 251
Appendix = 256
Before the law: Criminalizing sexual conduct in colonial and post-colonial southern African societies = 256
Methodology = 298