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Zvamaida Murwira : Senior Reporter

A divided opinion has emerged to a recent call by Sadc Parliamentary Forum to decriminalise public health challenges like abortion, drug use, transmission of HIV/AIDS and homosexuality as it has spawned a sharp rebuke on the regional bloc from traditionalists and legal experts. Traditionalists have reacted with outrage over such a call while legislators who attended the workshop in Johannesburg said the call had been an eye opener warranting to be shared in their constituencies and respective countries for a re-look of policies and further brainstorming.

During deliberations, it was argued that use of the law to curb such practices did not produce desired results as people would simply go underground and continue with the vices hence the call for a re-look with a view to embrace other methods like advocacy.

Sadc PF president and Speaker of Seychelles Parliament, Dr Patrick Hermine was forthright in his call for decriminalisation of the practices, arguing that as a medical practitioner, he had learnt that drug use and abortion among other issues were public health challenges that need to be dealt with in enhancing sexual health reproductive rights.

Dr Hermine

Other legislators who were part of the meeting said their attitude towards those practices had been transformed and said they would use their newly found knowledge to advance their communities but called for continued brainstorming on the issues. But President of the Chiefs Council, Chief Fortune Charumbira said decriminalising such vices was not consistent with upholding African ethos. He said while it was true that culture was dynamic, it should not be allowed to move in a direction that undermined African values where people would allow practices like same sex unions, abortion and drug use.

“There is no basis for Africa to adopt such practices because those are Western ideologies and practices. Why is it that it is always Western practices that are regarded as modern? Yes we agree that culture is dynamic but dynamism should take the right direction consistent with African ethos. Dynamism means strengthening those African values and not Western practices,” said Chief Charumbira who is also a member of the Pan African Parliament.

Chief Charumbira

“When we adjust our culture, it should not be in a manner that undermines the African values. When I heard about that I asked myself if these people are speaking from Africa or outside the continent. I realised that they might be speaking from Africa but their spirit was not representing African values.”

Renowned traditionalist and historian, Mr Aeneas Chigwedere echoed the same sentiments saying practices like same sex unions and drug use should not be accepted in any African setting.

He said assertions that criminalising the practice would see people doing it underground was not enough basis for decriminalising it.

“It is like saying arresting a thief would result in would-be offenders doing it underground. Never should we describe our culture as primitive. Yes I agree that there are certain aspects of our culture that need to be adjusted or be abandoned but there are things that we should always maintain, one of them is condemnation of such practices. I believe in evolution of culture, meaning adjusting certain things to suit modern trends but not abandoning it,” said Mr Chigwedere, a former Minister of Education and Culture.

Parliamentary Legal Committee chairperson, Cde Jonathan Samkange (Zanu-PF) said decriminalising such practices would create chaos in society.

Cde Samkange

“There is a thin line between morality and legality. Most of the practices that are immoral are illegal and unChristian as well yet our Constitution acknowledges the supremacy of God,” said Cde Samkange who is Mudzi South legislator.

He said Zimbabwe’s Constitution values the upholding of the country’s traditions and culture as espoused by its preamble which celebrates the “vibrancy of our traditions and culture.”

Cde Samkange said decriminalising drug use would create chaos in schools and other learning institutions.

“On abortion, who has the right to kill an unborn child? Who has the right to determine when life begins? Does it begin at inception or at birth? But at inception it is known that a child would be breathing and who are we to take away that life?” asked Cde Samkange.

He said Zimbabwe was right in protecting life by criminalising abortion.

“Life has to be protected. An infant starts breathing soon after inception,” he said.

But participants at Sadc PF workshop maintained that there was need for a paradigm shift on how to deal with sexual health reproductive rights and public health issues.

During meetings, Dr Hermine said his experience as a medical practitioner had taught him that issues like same sex unions and drug use were public health challenges whose effects could not be dealt with by the law. He said there was need for advocacy among other strategies as part of efforts to promote value addition on sexual reproduction health and rights.

“I know from training and experience that criminalisation has no place in public health, if anything it is counterproductive in that it drives people underground, far from public health care and other services,” he said.

He said criminalisation of abortion, for example, would lead to deaths of many women due to complications as they use unorthodox means.

In an interview, Mutare Central MP Mr Innocent Gonese (MDC-T) called for a Sadc drug policy in member states that dealt with abuse of substances in a manner that combined empathy and the desire to eradicate the scourge.

“We need to differentiate between those that use drugs from those that supply or push them. We can then come up with a policy around that, the same with other issues like transmission of HIV/AIDS, we need to qualify whether it was reckless or malicious transmission,” said Mr Gonese.

Zaka East MP Cde Samson Mukanduri (Zanu-PF) said the Johannesburg deliberations had persuaded him to believe that criminalisation did not produce desired results.

“That does not reduce the use of drugs. On homosexuality, we abhor it but that has not stopped the practice. We need some ways to rehabilitate these people,” said Cde Mukanduri.

He said following the workshop he will try to sensitise his community and share with them what he learnt.

Bulawayo Metropolitan MP Ms Jasmine Toffa (MDC) said the workshop had been an eye opener particularly on the issues to do with sexual health and reproductive rights.

“After listening to the argument, I now have a different view on issues that I had taken for granted. I have realised that criminalising the practices actually fuels them. I believe there is need for counselling,” said Ms Toffa.

Another legislator from Namibia said criminalisation did not work.

“The problem we have is that we live in society that is in denial. We need to accept that these things are there and we educate people. Criminalisation does not work. I will have to take it upon myself to push for a change of attitude in my constituency,” she said.

Mrs Patricia Kanga Nangozo of Malawi said there was need to have a deep understanding on the public health challenge and stop treating those people as abnormal.

“There are our relatives, our children, let’s accept that there is a problem,” she said.

Mrs Roubina Jadoo-Jaunbocus from Mauritius said decriminalising the practice did not entail encouraging it. She called for an open debate on the issues.

Mrs Jadoo-Jaunbocus

“It (meeting) has, however, given me a much better understanding of these issues which I think I can share with my community and constituency,” she said.