Denying LGBT Their Rights Is A Constitutional Violation

By Mohamed K Jalloh
Freelance Journalist , Columnist & Human Rights Activist
Sierra Leone’s Constitution guarantees everyone the right to practice their natural sexuality and freedom to associate with like-minded people. This includes LGBT people as well as people with special needs. In the exercise of their inalienable rights, they should not be discriminated against nor hindered in the exercise of their rights.
Unfortunately, in Sierra Leone LGBT is being criminalized and society seems to frown on them, often targeting and discriminating against them. This has invariably led to many such people going underground to practice their sexuality. Religious bodies also preach against them, forgetting that these too have their rights to live. The right to live means that an individual has the right to go about his business order his life, practice his faith and do with his body as he thinks fit, as long as in doing so he doesn’t affect another. It also implies that LGBT people are at liberty to practice their sexuality without himderance as long as in doing so they are not hindering anybody in exercising their rights.
Despite this constitutional provision, LGBT people are targeted and prevented from exercising their rights. They are discriminated against and stigmatized by society, and the government seems to be turning a blind eye to their plight, even though the government is signatory to several international treaties protecting the rights of these groups.
The International Convention on Human Rights recognizes the right of every individual, with Specific reference to such vulnerable groups, and demands that their rights be protected by their respective governments, and to ensure compliance, various governments signed the treaty, indicating their willingness to adhere to the protocols enshrined in the treaty. Sierra Leone further signed several treaties on the protection of the rights of all people.
Unfortunately, these protocols and rights have not been applied in their respective legal frameworks. Today, the plight of LGBT remains precarious. They are discriminated against, targeted by society and religious bodies. It should be noted that while Sierra Leone is a secular state, people practice their respective beliefs and sexuality, unhindered. Amidst this situation, there are people who don’t belong to any of the faiths, and these are allowed to practice their faith unhindered. Among these are the Rastafarians and the free-thinkers. Since these are unhindered in their respective beliefs, it is incumbent on the government to ensure that others who hold contrary views are also allowed to practice their sexuality unhindered.
Government is expected to protect the rights of every Sierra Leonean, regardless of their sexuality. It should not be a crime for someone to get attracted to another of the same sex, as long as they don’t affect the sexuality of others. It is the belief that there are many who belong to this category, but are afraid of going public because of the stigma and the societal attacks they will face. Like all Sierra Leoneans, they too have the right to belong. As things stand, those that we know are not a threat to society nor do they go around preaching about their sexuality, all they want is to be allowed to freely practice their sexuality unhindered in the country, like their compatriots. This is not too much to ask of the government.

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