VZCZCXRO7177
RR RUEHBZ RUEHDU RUEHJO RUEHMR RUEHRN
DE RUEHMB #0354 3631429
ZNR UUUUU ZZH
R 291429Z DEC 09
FM AMEMBASSY MBABANE
TO RUEHC/SECSTATE WASHDC 3828
INFO RUCNSAD/SOUTHERN AF DEVELOPMENT COMMUNITY COLLECTIVE

UNCLAS MBABANE 000354 
 
SIPDIS 
 
DEPT FOR AF/S (MHARRIS) 
 
E.O. 12958: N/A 
TAGS: PHUM PGOV WZ
SUBJECT: SWAZI SOCIETAL DISCRIMINATION AGAINST GAYS AND LESBIANS 
COMMON, BUT LEGAL STATUS CAUTIOUSLY TOLERANT 
 
REF: 130765 
 
¶1.  Legal Status: British colonial era legislation against sodomy 
remains on the books, but post contacts knew of no cases where it 
had been used to arrest homosexuals.  Early versions of the proposed 
Sexual Offenses and Domestic Violence bill, which has been before 
Parliament since at least 2006, included a provision that would 
declare homosexuality a crime with a minimum two year jail sentence. 
 NGOs and political "progressives" apparently were successful in 
getting this provision removed because (a) it was contrary to 
Swaziland's obligations under the International Covenant on Civil 
and Political Rights, and (b) was not relevant to the thrust of the 
bill. 
 
¶2.  Post has not been able to secure a copy of the current version 
of the proposed bill to confirm that the provision on homosexuality 
is no longer there, due to the Swazi traditional Incwala ceremonies 
lasting all month.  The bill has been pending for years, and the 
Prime Minister had predicted it would be passed in 2009 on the wind 
beneath the wings of the Anti-Trafficking legislation and attention 
to the serious problem of domestic violence.  It will resurface in 
2010, but there is no known movement to use it to ban homosexuality. 
 
 
¶3.  Public attitudes:  Gays and lesbians face considerable societal 
discrimination in Swaziland, and homosexuals generally conceal their 
sexual preference.  Gays and lesbians who are open about their 
sexual orientation and relationships face censure and exclusion from 
the chiefdom-based patronage system, including possible eviction 
from homes on Swazi nation land. 
 
¶4.  Most Swazi religious groups (overwhelmingly 
Christian-affiliated) voice strong criticism of homosexuality, and 
blame it on everything from western cultural influence to demons. 
Some progressive elements and NGOs advocate for equal protection and 
non-discrimination toward homosexuals, and in general the public 
attitude (at least among the more educated population) seems to be 
one of tolerance.  Although the Lesbians and Gay Association in 
Swaziland has been allowed to operate, some public functions (such 
as a "Miss Gay" beauty pageant) have been closed down by police 
within the last two years.  The media has reported cases in the last 
year of fathers from rural areas beating their sons severely for 
actions or appearances judged to indicate a homosexual preference. 
Attitudes toward male homosexuals are more harsh than toward 
females. 
 
Case Example: Lesbian Engagement Prompts Criticism 
- - - - - - - - - - - - - - - - - - - - - - - - - - 
 
¶5.  The Swazi constitution defines marriage as a union between a man 
and a woman.  Research uncovered a report of a woman-to-woman 
marriage some years ago, however, that was recognized by a chief for 
property purposes.  The waters were recently tested in a highly 
publicized September 2009 engagement announcement by the president 
of the Lesbians and Gay Association in Swaziland and her partner, 
the first public announcement of its kind in Swaziland.  Traditional 
authorities, church leaders, and some members of Parliament spoke 
out against the engagement, calling it immoral and against both 
Swazi culture and Christianity.  The Association president said she 
subsequently lost her job due to the prominent negative media 
coverage that included her personal life, family relationships, and 
legal issues.  She subsequently attempted suicide, the couple 
separated, accusations were made in court by one regarding stealing 
by the other, and the former fiance of the Association president was 
recently found dead.  The death is being investigated as a murder, 
but not as a hate crime.  In any case, the sad ending is fuel for 
the anti-gay fires that smolder in Swaziland. 
 
Morrison