Tommy (Not his real name) listened passively as the President delivered his State of the Nation address to Parliament. But when the President started to talk about the new Anti Homo Sexuality Law that prescribes a death penalty amongst other harsh provisions for being gay, his attention returned to the screen.
“The law now says a homosexual will not be criminalized if he/she keeps to being himself but will be arrested if he goes and recruits’ others into it…. merely being homosexual is your personal problem” the President told an attentive Parliament.
Tommy picked particular interest with that statement. “That’s the problem I have with the President and the entire, they say one thing today and another tomorrow. Today they pass a law criminalizing Homosexuality and tomorrow when threatened by donors, they say no one will disturb them”.
This new law provides for anyone a medical practitioner or hotel manager to report any cases of homosexuality, “clearly it has a problem with my status” Tommy adds.
This un clarity with the law is creating a lot of fear within the LGBT community and already many with a place to go have leaving the country. Tommy had found himself some comfort with employment where he volunteers with the National Association for People Living with HIV.
“I love my work here; I help support my friends who need to find health services at some of the safe spaces here. They also need to talk to someone they can trust so I am that link”, Tommy adds.
However, for the past few months ever since Parliament passed the Bill, Tommy says he has been considering going to where his mother stays in Zanzibar. “In the beginning I was reluctant because I am not good at Swahili, but now I think I have to make that painful decision and cross over because I feel I can not trust the system here anymore”.
Many people who do not understand our situation think that we are using the current circumstances as an excuse to seek visas for life abroad, but the truth is that no place is better than home unless when circumstances like this force you out of your home, Tommy reflects.
Dr Stephen Watiti is the Chairperson of the National Association for People Living with HIV and a frontline witness to the risk of HIV within communities such as the LGBT. “This law has no value addition at all, what it only does is to make it difficult for those who need health services to access them and this if very unfortunate”.
Dr Watiti adds that “If we are working to end AIDS by 2030, then we must focus on the weakest links because the weakest link of a chain is what strengthens it”. He adds that it is wrong to discriminate against individuals when it comes to service delivery.
“This law also complicates the work of health workers and volunteers who have been helping us in our safe spaces because they are now mandated to report any person who happens to be gay. I therefore believe that it is a very bad law that is only going to complicate the work of health services more”.
When it comes to HIV financing, the law presents dire consequences for the country considering that close to 70% of our funding is from the West and with strict guidelines on non-discrimination.
“Can the government live up to its promise of financing HIV? Definitely not”. Dr Watiti believes that the special days of HIV enjoying a privileged position when it comes to financing have come to an end and time is now for change of strategy.
“For many years, People Living with HIV have been accessing free drugs paid for by the west, you can not say the same of other diseases such has hyper tension or diabetes, time has now come for HIV to lose this privileged position as we continue to pray that the President might change his mind on this unfortunate law”.
According to Dr Watiti, “our position as a community of persons living with HIV is to also push for greater funding for health as a whole. All other diseases especially the non-communicable ones are key to ending AIDS are therefore require equal attention as well”.
However, for Tommy, he is not giving any second chances; “I have made up my mind about joining my mother, I have been spending time teaching myself some basic Swahili like how to ask for food in the restaurant and directions. Even if the courts of law throw out this law, my mind tells me I need to try out life elsewhere, my home country doesn’t feel safe anymore”.
