I will call
him Sochukwuma. A thin, smiling boy who liked to play with us girls at the
university primary school in Nsukka. We were young. We knew he was different,
we said, ‘he’s not like the other boys.’ But his was a benign and unquestioned
difference; it was simply what it was. We did not have a name for him. We did
not know the word ‘gay.’ He was Sochukwuma and he was friendly and he played
oga so well that his side always won.
In
secondary school, some boys in his class tried to throw Sochukwuma off a second
floor balcony. They were strapping teenagers who had learned to notice, and
fear, difference. They had a name for him. Homo. They mocked him because his
hips swayed when he walked and his hands fluttered when he spoke. He brushed
away their taunts, silently, sometimes grinning an uncomfortable grin. He must
have wished that he could be what they wanted him to be. I imagine now how
helplessly lonely he must have felt. The boys often asked, “Why can’t he just
be like everyone else?”
Possible
answers to that question include ‘because he is abnormal,’ ‘because he is a
sinner, ‘because he chose the lifestyle.’ But the truest answer is ‘We don’t
know.’ There is humility and humanity in accepting that there are things we
simply don’t know. At the age of 8, Sochukwuma was obviously different. It was
not about sex, because it could not possibly have been – his hormones were of
course not yet fully formed – but it was an awareness of himself, and other
children’s awareness of him, as different. He could not have ‘chosen the
lifestyle’ because he was too young to do so. And why would he – or anybody –
choose to be homosexual in a world that makes life so difficult for
homosexuals?
The new law
that criminalizes homosexuality is popular among Nigerians. But it shows a
failure of our democracy, because the mark of a true democracy is not in the
rule of its majority but in the protection of its minority – otherwise mob
justice would be considered democratic. The law is also unconstitutional,
ambiguous, and a strange priority in a country with so many real problems.
Above all else, however, it is unjust. Even if this was not a country of
abysmal electricity supply where university graduates are barely literate and
people die of easily-treatable causes and Boko Haram commits casual mass
murders, this law would still be unjust. We cannot be a just society unless we
are able to accommodate benign difference, accept benign difference, live and
let live. We may not understand homosexuality, we may find it personally abhorrent
but our response cannot be to criminalize it.
A crime is
a crime for a reason. A crime has victims. A crime harms society. On what basis
is homosexuality a crime? Adults do no harm to society in how they love and
whom they love. This is a law that will not prevent crime, but will, instead,
lead to crimes of violence: there are already, in different parts of Nigeria,
attacks on people ‘suspected’ of being gay. Ours is a society where men are
openly affectionate with one another. Men hold hands. Men hug each other. Shall
we now arrest friends who share a hotel room, or who walk side by side? How do
we determine the clunky expressions in the law – ‘mutually beneficial,’
‘directly or indirectly?’
Many
Nigerians support the law because they believe the Bible condemns
homosexuality. The Bible can be a basis for how we choose to live our personal
lives, but it cannot be a basis for the laws we pass, not only because the holy
books of different religions do not have equal significance for all Nigerians
but also because the holy books are read differently by different people. The
Bible, for example, also condemns fornication and adultery and divorce, but
they are not crimes.
For
supporters of the law, there seems to be something about homosexuality that
sets it apart. A sense that it is not ‘normal.’ If we are part of a majority
group, we tend to think others in minority groups are abnormal, not because
they have done anything wrong, but because we have defined normal to be what we
are and since they are not like us, then they are abnormal. Supporters of the
law want a certain semblance of human homogeneity. But we cannot legislate into
existence a world that does not exist: the truth of our human condition is that
we are a diverse, multi-faceted species. The measure of our humanity lies, in
part, in how we think of those different from us. We cannot – should not – have
empathy only for people who are like us.
Some
supporters of the law have asked – what is next, a marriage between a man and a
dog?’ Or ‘have you seen animals being gay?’ (Actually, studies show that there
is homosexual behavior in many species of animals.) But, quite simply, people
are not dogs, and to accept the premise – that a homosexual is comparable to an
animal – is inhumane. We cannot reduce the humanity of our fellow men and women
because of how and who they love. Some animals eat their own kind, others
desert their young. Shall we follow those examples, too?
Other
supporters suggest that gay men sexually abuse little boys. But pedophilia and
homosexuality are two very different things. There are men who abuse little
girls, and women who abuse little boys, and we do not presume that they do it
because they are heterosexuals. Child molestation is an ugly crime that is
committed by both straight and gay adults (this is why it is a crime: children,
by virtue of being non-adults, require protection and are unable to give sexual
consent).
There has
also been some nationalist posturing among supporters of the law. Homosexuality
is ‘unafrican,’ they say, and we will not become like the west. The west is not
exactly a homosexual haven; acts of discrimination against homosexuals are not
uncommon in the US and Europe. But it is the idea of ‘unafricanness’ that is
truly insidious. Sochukwuma was born of Igbo parents and had Igbo grandparents
and Igbo great-grandparents. He was born a person who would romantically love
other men. Many Nigerians know somebody like him. The boy who behaved like a
girl. The girl who behaved like a boy. The effeminate man. The unusual woman.
These were people we knew, people like us, born and raised on African soil. How
then are they ‘unafrican?’
If
anything, it is the passage of the law itself that is ‘unafrican.’ It goes
against the values of tolerance and ‘live and let live’ that are part of many
African cultures. (In 1970s Igboland, Area Scatter was a popular musician, a
man who dressed like a woman, wore makeup, plaited his hair. We don’t know if
he was gay – I think he was – but if he performed today, he could conceivably
be sentenced to fourteen years in prison. For being who he is.) And it is
informed not by a home-grown debate but by a cynically borrowed one: we turned
on CNN and heard western countries debating ‘same sex marriage’ and we decided
that we, too, would pass a law banning same sex marriage. Where, in Nigeria,
whose constitution defines marriage as being between a man and a woman, has any
homosexual asked for same-sex marriage?
This is an
unjust law. It should be repealed. Throughout history, many inhumane laws have
been passed, and have subsequently been repealed. Barack Obama, for example,
would not be here today had his parents obeyed American laws that criminalized
marriage between blacks and whites.
An
acquaintance recently asked me, ‘if you support gays, how would you have been
born?’ Of course, there were gay Nigerians when I was conceived. Gay people
have existed as long as humans have existed. They have always been a small
percentage of the human population. We don’t know why. What matters is this:
Sochukwuma is a Nigerian and his existence is not a crime.
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