January 2012

Abstract: This research utilizes a content analysis methodology to examine the issue of black mail and extortion within the Zambian Population and HIV prevention .The respect of human rights of vulnerable groups in Zambia remains a concern. LGBT issues in the Zambian society linger a very receptive taboo. Although the Zambian Constitution guarantees the rights and the freedoms of every individual, still the physical and psychological aspects of criminalization of  LGBT  persons  has  resulted in numerous cases of blackmail and extortion that the community is facing.

Discrimination, violence, hatred, and extreme prejudice perpetrated by negative public attitudes against lesbians, gays, bisexuals and transgender, is indicated to be the single fundamental factor inhibiting HIV prevention among homosexuals and remains a long term constant  challenge In all the 38 countries across the continent of Africa where same-sex activity is criminalized[1] Recent Research data indicate a 32% prevalence of predominantly high number of cases of many LGBT persons being subjects victims of  either blackmail or extortion for more than a decade now, which in turn hinders  sustained and innovative prevention efforts  formed as part of the statutory and community response to the national AIDS epidemic.

The prevalence and severity of blackmail and extortion are exacerbated by the fact that these are arguably among the most difficult violations to deal with through the legal system. Although blackmail and extortion are criminal, in practice, the law typically offers little protection for LGBT people who are its victims – particularly in places where police are complicit or even responsible for these violations. Moreover, the fact that the state is not the only or even the primary perpetrator makes it difficult to employ a human rights framework. [2] In general, people known or assumed to be LGBT in Zambia face a homophobic environment as well as the lack of state mechanisms to address their needs and problems which includes the prevention of HIV/AIDS.

Purpose of Study

This report utilizes a content analysis methodology to examine the issues of blackmail and extortion raised in the literature to gain a sociological understanding of its impact on the HIV prevention amongst marginalized and vulnerable members of Zambia’s LGBT population as documented by LGBT rights organizations such as Friends of Rainka over the last decade. Further, from this content It shall gives an epidemiological current analysis examination, state the legal position of the law, and finally make recommendations to the disproportionately LGBT community in Zambia affected by HIV.

Extortion and Blackmail

Usually, if you are male, you don't think about it much. It feels normal, and so does the sexual attraction towards the opposite sex, And, for most female’s, it feels very natural to be female.  And be attracted to males, but that's not true for everyone.  Homosexuals feel attracted to members of the same- sex and this attraction towards a member of the same-sex feels right and justifiable within a homosexual person. Though cultural, social factors, as well as statutory law may prohibit such practices in some countries such as Zambia, many LGBT individuals  are forced to live in the closet for fear of rejection on top of many other setbacks associated with being labeled as a homosexual, prominent among them being crimes of blackmail and extortion .While definitions do provide a useful starting point, of blackmail and extortion, they differ across jurisdictions, and the relationship between the two crimes is not always clear. However, according to the West’s Encyclopedia of American Law, Blackmail is defined as being the crime involving a threat for the purpose of compelling a person to do an act against his or her will, or for the purposes of taking the person’s money or property,[3]where as Extortion is defined as the act or instance of extorting, illegal use of one’s official position or powers to obtain property, funds or patronage. [4]

In many jurisdictions and within this volume, blackmail and extortion are differentiated as two distinct offenses though at their core, both blackmail and extortion exploit a victim’s vulnerability to place them in an impossible position and restrict their options, leading to such crimes committed against them going unreported, as a result of fear and stigma attached to the risk of being exposed as a homosexual. To the few who do report abuse and violence, they often face hostility, and discrimination from police and, sometimes, from other service providers.[5]  50 people were interviewed for this report, informed us that because of rigid social and cultural attitudes towards homosexuality behavior, majority of them accounted as being subjects of victimhood of extortion and blackmail in a highly homophobic society, since they break the rules of the order of nature by having sexual intercourse with members of the same sex.

Recently, Friends of Rainka (FOR), conducted a research study conducted to identify the extent of blackmail among self-identified gays ,lesbians and bisexual and transgender men in  Zambia by exploring and analyzing specific incidences of blackmail and identifying factors that make gay people vulnerable to the practice. (FOR’s) study was conducted with 50 self-identified gay, lesbian and bisexual men of varying ages, professions, social statuses, and experiences was conducted by random oral interviews using a standardized questionnaire. The discussion took place in Lusaka province where we spoke to people in a variety of settings, including their homes, Colleges, restaurants, the homes of their friends and to those that lived afar, through internet instant messenger chat session. The 50 respondents were asked to briefly recount at least one blackmail ordeal they had dealt with. Unsurprisingly, all of them had a story to tell about them having experienced some form of blackmail or extortion at one point or the other due to their sexuality either as a gay man or woman, 36 confirmed that they had being blackmailed and the blackmail had not been limited to monetary payments alone totally 72 %. 5 of them acknowledged that often the blackmailers were fellow LGBT members who employed blackmail as a weapon of vengeance, confrontation and bondage equally 10%.  Whilst the other 9 mentioned the perpetrators were uniformed police officers who apprehended them in night clubs, pubs or gay hangout places blackmailing them in exchange for their silence was 18%. Victims explained that blackmail ranged from grant sexual favors, run dangerous errands, snacks and food, other times demands for clothing, or sex were to be met.

 We interviewed one of the victims Mercy an LGBT activist who claimed her blackmailers where police uniformed officers who tapped her mobile number, knew her place of work, where lived, and insisted that if she was not to report self to them, (presumably they expected a bride for their silence,) they risked exposing her through the constant harassment calls she received from them making it impossible for her to report to the legal authorities of her blackmailers. Although the study was only conducted with an undersized but diverse group of gays, lesbian and bisexual men and women, it provides a peek into the difficulties they face in their everyday lives in Zambia.

In addition, some members of (FOR) have been  under surveillance from the police dating back as far as last year June when the political scene concerning the possibility of legalization homosexuality in Zambia become heated in the media, were there was a lot of talk about arresting LGBT activists and anyone found to aiding the LGBT community in Zambia was strongly condemned following British Prime Minister David Cameron historical speech 31^st October, 2011 on recognition  of LGBT rights and thereafter Mrs. Hilary Clinton’s  speech last year on 6^th December,2011 in Genève ,Switzerland  whitest addressing delegates of the United Nation on the importance of universal decriminalization of same-sex persons throughout the world .Human rights encompass civil, political, economic, social and cultural rights. These are found in international law, through treaties and declarations, such as the Universal Declaration of Human Rights. In addition, there are some other tools which contain useful standards such as the International Guidelines on HIV/AIDS and Human Rights and the Declaration of Commitment on HIV/AIDS, adopted at the UN General Assembly Special Session on HIV/AIDS (2001).

 The Law On Blackmail And Extortion

 In these different ways, blackmailers and extortionists use the need for secrecy and lack of support to manipulate their victims.[6]   The Zambian Penal Code Cap 87 of the laws of Zambia, Section 297[7] prohibit the offence Extortion where it states “ Any person  who with intent to extort or gain anything from any person-

(a) accuses or threatens to accuse any person of committing any felony or misdemeanor, or of offering or making any solicitation  or threat to any person as an inducement  to commit or permit the commission  of any felony or misdemeanor; or

(b) Threatens that any person shall be accused by any other person of any felony or misdemeanor, or of any such act is guilty of a felony and if the accusation or threat of accusation is of

 (ii) Any offence defined in Chapter XV, or an attempt to commit any such offence; or

(iii) An assault with intent to have carnal knowledge of any person against the order of nature or unlawful and indecent assault upon another male person or;

(iv) A solicitation or threat offered or made to any person as an inducement to commit or permit the commission of any the offence aforesaid; the offender shall be liable to imprisonment for fourteen years. In any other case the offender is liable to imprisonment for three years.

 The law here offer a defense which many LGBT victims can have  employ if encountered with the prospect of being in a blackmail and extortion situation because Section 297 expressly state ‘Any person  who with intent to extort or gain anything from any person accuses or threatens to accuse any person of committing any felony defined Chapter XV( The Chapter includes offences of Homosexuality under Section 155a where intent to have carnal knowledge of any person against the order of nature and Section 157 unlawful and indecent assault  to another male is prohibited under the Code ). The law here prescribes a penalty of imprisonment for fourteen years for extortion under these circumstances thus LGBT in Zambia are protected by law in theory though in practice, due to the homophonic environment which has been caused by criminalization of same-sex consenting adults in Zambia, most people fear reporting such offences to the proper authorities due to fear of exposure, ridicule and humiliation. In addition some if not majority LGBT persons are  poor and under-resourced , in fact, particularly vulnerable, as they lack the means to cope with blackmail and extortion threats. Poorer victims are less able and likely to access LGBT groups and support networks, to hire a lawyer or counselor to help respond to the problem, or to file a complaint with the police and be taken seriously. In addition victims are also less likely to be able to leave their home, either temporarily or permanently, to escape a blackmailer or police prosecution – when the pressure becomes unbearable.[8]

Effects of Blackmail, Extortion and HIV/AIDS Pandemic

 Victimization through means of extortion and blackmail may trigger an acute disruption of the person's physiological, psychological, and social life. This is evidenced by somatic problems, and interrupted sleeping and eating patterns, and the development of minor mood swings and fears specific to the circumstances of the blackmail. Victims may experience difficulties in telling family, friends, and employees about the blackmail, worse still some victims’ turn to suicide to escape the trauma or fear of blackmail.[9] Extortion in this context represents an external or situational crisis inflicted on the victim. The physical and psychological effects of blackmail have also been shown to be devastating. Additionally, the threat and reality of AIDS or HIV has also added a new physical and psychological blackmail and extortion thus Human rights are fundamental to any response to HIV/AIDS. This has been recognized since the first global AIDS strategy was developed in 1987.[10] Human rights and public health share the common goal of promoting and protecting the well-being of all individuals. The promotion and protection of human rights are necessary to empower individuals and communities to respond to HIV/AIDS, to reduce vulnerability to HIV infection and to lessen the adverse impact of HIV/AIDS on those affected.[11]

The incidence and spread of HIV/AIDS are disproportionately high among groups who already suffer from a lack of human rights protection, and experience discrimination such as injecting drug users, sex workers and men who have sex with men (MSM), transgender as groups that have been marginalized socially, culturally and economically. [12] Discriminatory measures and other coercive actions such as blackmail drive away the people most in need of services. leading them to seek for sex with other men in bath houses, public rest rooms, abandoned buildings, etc without getting tested  for  HIV  in order to avoid the blackmail without knowing they are exposing themselves to the disease and hence the network of infections spread from one person to another.[13]

When human rights are protected, civil society organizations working on HIV/AIDS are able to respond to the pandemic more effectively, fewer people become infected, and LGBT and their communities in Zambia can better cope with the disease.[14]

Recommendations

Ø  Targeted blackmail: There have been violent acts of blackmail and extortion targeted against gays, lesbian bisexuals and transgender persons in Zambia. Most attacks have happened against LGBT marginalized groups whose non-conforming gender, due them not conforming to feminine or male gender roles and appearance. Thus were two men are  dress feminine  and choose to dress  much like a female, they may be targeted as potential victims of extortion if they are known to be gay .  Thus there is a need to address the issues of blackmail and extortion that affect marginalized groups such as gays if the reduction and the success of combating the HIV virus is to be effectively won and archived, by enforcing the law to against perpetrators who target the already afflicted minority groups who suffer regardless of them Being LGBT persons in line with Section 287 of the Penal code of Zambia which prohibits blackmail in any of its forms.

Ø   Equal access at law: A victim of blackmail under threat of a false allegation of homosexuality to the police should be in no different a position than that of a person threatened with a false report of another crime Unfortunately, in a homophobic society, the police tend to give credence to the person making the report of same-sex activity much more readily than is warranted – a fact of which many blackmailers are aware.[15] Thus there is need to empower the law enforcing officers on matters of access to security for all Zambians as enshrined in the constitution of Zambia in order to prevent crimes of blackmail to continuously be executed in society.

Ø  Prevention of blackmail within LGBT:  LGBT men and women also face extortion from fellow LGBT members of the community. In some cases, men are target as victims of extortion and blackmail gay men as way to get back at them due to envy, jealous or as a result of bad break up between the two parties hence they may be targeted as potential victims in exchange for silence the blackmail demands for things.

Conclusion
while homosexuality is not penalized in Zambia, there still are numerous obstacles to overcome that impact the welfare of LGBT persons, prominent among them is the crime of blackmail and extortion, which affect the daily lives of LGBT persons in that because of the criminalization of same-sex, practicing persons in Zambia, It is becoming increasingly clear that blackmail and extortion, should be cause for alarm for anybody concerned with justice and the rule of law in not only in Zambia but  sub-Saharan Africa, as often most LGBT persons find themselves victims of blackmail in the fear of ‘ousted’ . What remains largely undefined, however, is how these problems might be dealt with, both by activists working on these issues and by human rights practitioners seeking to situate these claims in the wider framework of regional and international instruments. The relationship between HIV/AIDS and human rights highlights those ways in which people vulnerable to human rights violations and neglect are more vulnerable to HIV/AIDS infection; and if infected, do not have access to appropriate quality care and treatment. [16]Vulnerable groups include gay’s lesbians, bisexual and transgender men and women and all other marginalized populations. To raise awareness about the links between HIV/AIDS and human rights, and to change existing practices, HIV/AIDS and human rights activists turn to advocacy. Advocacy campaigns can take an acknowledged human right, such as the right to the highest attainable standard of health and build on its accepted understanding to achieve, for instance, increased access to HIV treatment and other essential medications.

References

Books

Chibwezo, Wiseman, “Blackmail Among Gay People in Malawi,” Nowhere to Turn: Blackmail and Extortion of LGBT People in Sub-Saharan Africa, ed. Ryan Thoreson and Sam Cook (Brooklyn: Minuteman Press,

Mindy Jane Rose man and Sofia Gruskin. ( 2004). HIV/AIDS & Human Rights in a nutshell. Toronto. International Council of AIDS Service Organizations.

Thoreson, Ryan Richard, “Blackmail and Extortion of LGBT People in Sub-Saharan Africa,” Nowhere to Turn: Blackmail and Extortion of LGBT People in Sub-Saharan Africa, ed. Ryan Thoreson and Sam Cook (Brooklyn: Minuteman Press, (2011)

Sites

http://ap.ohchr.org/documents/E/CHR/resolutions/E-CN_4-RES-2001-51.doc

19 HIV

http://asssgd.org.za/?page_4

Laws

The Zambian  Penal Code, Cap 78 of the Laws of Zambia, Section 287

UN Commission on Human Rights Resolution 2001/51: The protection of human rights in the context of human immunodeficiency virus (HIV) and acquired immune deficiency syndrome (AIDS)

 Written by

Chalwe .C. Mwansa

Email: ropewings@gmail.com