Ushauri, Maoni, Mapendekezo na Pongezi kwa Mkuu wa Mkoa wa Dar, Paul Makonda

Ushauri, Maoni, Mapendekezo na Pongezi kwa Mkuu wa Mkoa wa Dar, Paul Makonda

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Hapa alikuwa anafanya nini na sanamu ya kiume iliyo uchi, hebu fafanua vizuri mkuu
 
Duu kweli nimeamini viongozi siku hizi wananunua watu wa kuwasifu kwenye mitandao ya kijamii.
 
Governments, Christian Religions and Anti-gay Crusades in Tanzania: Pope Francis is right and Makonda is wrong​

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It is now obvious that, the Dar es Salaam Regional Commissioner, Hon. Paul Makonda, is running well, but sometimes treading outside his jurisdictional track. His utterances on the occasion of swearing in the newly appointed District Commissioners for Dar es Salaam districts is a case in point.

First, he is to be applauded for being more innovative than any other RC in terms of the directives he gave regarding regional secretariat strategic planning process. In no any other region did I hear a similar directive. This fact confirms my long standing conviction that Makonda is often ahead of others when it comes to proactive management.

And secondly, despite his strategic foresight, he is to be criticized for a number of reasons--mainly three. By directing the new Dar es Salaam DC’s to embark on an anti-gay crusades in their respective districts, he has given a directive that is legally unwarranted, scientifically ungrounded, theologically unsupported and historically unbacked. Let me explain.

ANTI-GAY CRUSADES ARE ILLEGAL IN TANZANIA

First of all, the RC directive is beyond his legal powers. Nowhere does the Tanzania legal system empower the government to engage in anti-gay crusades. Makonda is a Regional Commissioner for Dar es Salaam. He is a state organ. As such he has to act within the bound of the constitution and the related statutory laws.

Section 9(h) of the constitution of the United Republic of Tanzania(1977) prohibits all forms of discrimination in the following terms:

"9. The object of this Constitution is to facilitate the building of the United Republic as a nation of equal and free individuals enjoying freedom, justice, fraternity and concord, through the pursuit of the policy of Socialism and Self Reliance which emphasizes the application of socialist principles while taking into account the conditions prevailing in the United Republic. Therefore, the state authority and all its agencies are obliged to direct their policies and programmes towards ensuring... (h) that all forms of injustice, intimidation, discrimination, corruption, oppression or favouritism are eradicated"​

Section 13(1)-(6) of the constitution of the United Republic of Tanzania(1977) prohibits discrimination in the following terms:

"13.-(1) All persons are equal before the law and are entitled, without any discrimination, to protection and equality before the law.
(2) No law enacted by any authority in the United Republic shall make any provision that is discriminatory either of itself or in its effect.
(3) The civic rights, duties and interests of every person and community shall be protected and determined by the courts of law or other state agencies established by or under the law.
(4) No person shall be discriminated against by any person or any authority acting under any law or in the discharge of the functions or business of any state office.
(5) For the purposes of this Article the expression “discriminate” means to satisfy the needs, rights or other requirements of different persons on the basis of their nationality, tribe, place of origin, political opinion, colour, religion, sex or station in life such that certain categories of people are regarded as weak or inferior and are subjected to restrictions or conditions whereas persons of other categories are treated differently or are accorded opportunities or advantage outside the specified conditions or the prescribed necessary qualifications except that the word “discrimination” shall not be construed in a manner that will prohibit the Government from taking purposeful steps aimed at rectifying disabilities in the society.
(6) To ensure equality before the law, the state authority shall make procedures which are appropriate or which take into account the following principles, namely:
(a) when the rights and duties of any person are being determined by the court or any other agency, that person shall be entitled to a fair hearing and to the right of appeal or other legal remedy against the decision of the court or of the other agency concerned;
(b) no person charged with a criminal offence shall be treated as guilty of the offence until proved guilty of that offence;
(c) no person shall be punished for any act which at the time of its commission was not an offence under the law, and also no penalty shall be imposed which is heavier than the penalty in force at the time the offence was committed;
(d) for the purposes of preserving the right or equality of human beings, human dignity shall be protected in all activities pertaining to criminal investigations and process, and in any other matters for which a person is restrained, or in the execution of a sentence;
(e) no person shall be subjected to torture or inhuman or degrading punishment or treatment."
​

According to Chapter 16 of the Tanzania Penal Code, the Revised Edition of 2002, under section 138D(1), we read:

"138D.-(1) Any person who, with intention, assaults... another person... by the use of words or actions, causes sexual annoyance... to such other person, commits an offense of sexual harassment and is liable on conviction to imprisonment for a term not exceeding five years or to a fine not exceeding two hundred thousand shillings or to both the fine and imprisonment, and may also be ordered to pay compensation of an amount determined by the court to the person in respect of whom the offense was committed for any injuries caused to that person."​

And according to Chapter 16 of the Tanzania Penal Code, the Revised Edition of 2002, under section 154, we read:

"154.-(1) Any person who (a) has carnal knowledge of any person against the order of nature; or (b) has carnal knowledge of an animal; or (c) permits a male person to have carnal knowledge of him or her against the order of nature, commits an offense, and is liable to imprisonment for life and in any case to imprisonment for a term of not less than thirty years. (2) Where the offense under subsection (1) of this section is committed to a child under the age of ten years the offender shall be sentenced to life imprisonment." ​

This is a comprhensive lTanzania's egal framework within which the anti-gay crusades have to be judged. There is no mention of homosexual condition. There is no mention of homosexual acts. However, there is a mention of same-sex genital acts, which are criminalised under section 154 of the penal code as quoted above.

Thus, I conclude that, the directives of the Dar es Salaam RC, Paul Makonda are first, ultra vires, and secondly, violative of sections 9(h) and 13(1)-(6) of the constitution and section 138D(1) of the penal code.

ANTI-GAY CRUSADES ARE UNSUPPORTED BY SCIENTIFIC EVIDENCE

Moreover, the contents, style and tone used by the RC Makonda, who is for sure a university graduate, unfortunately indicate that, his sexological worldview is, most probably, not well rounded in that, he is not fully aware of the scientific evidence. For this point to make sense, let me define some key terms first--heteronormativity and homonormativity

Hetero-normativity is the belief that people fall into distinct and complementary genders (man and woman) with natural roles in life. It assumes that hetero-sexuality is the only sexual orientation or only norm, and states that sexual and marital relations are most (or only) fitting between people of opposite sexes. Consequently, a "hetero-normative" view is one that involves alignment of biological sex, sexuality, gender identity and gender roles. Hetero-normativity is often linked to heterosexism and homophobia.

Heteronormativity describes how social institutions and policies reinforce the presumption that people are heterosexual and that gender and sex are natural binaries. Hetero-normative culture "privileges heterosexuality as normal and natural" and fosters a climate where LGBTQIA are discriminated against in various sectors of life. LGBTQIA stands for Lesbian, Gay, Bisexual, Transgender, Queer, Intersex and Asexual persons.

But according to science, gender is, not a binary variable, but a polychotomous variable whose values occupy a spectrum. It is not merely a man/woman, he/she or him/her binary scenario as the pre-scientific world would have us believe.

In science, sexual orientation is often represented in terms of a graduated scale, such as the 7-point Kinsey Scale. Specifically, the Kinsey Scale has the following Heterosexual-Homosexual Rating Scale Criteria

0- Exclusively heterosexual with no homosexual
1- Predominantly heterosexual, only incidentally homosexual
2- Predominantly heterosexual, but more than incidentally homosexual
3- Equally heterosexual and homosexual
4- Predominantly homosexual, but more than incidentally heterosexual
5- Predominantly homosexual, only incidentally heterosexual
6- Exclusively homosexual
​

Diagramatically, it looks as follows:

Alfred Kinsey's Homosexual-Heterosexual Scale.jpg

This kind of classification emphasizes the commonality between heterosexual men and heterosexual women (because both are attracted to persons of the opposite sex) and between gay men and lesbians (because both are attracted to same-sex partners).

First published in Sexual Behavior in the Human Male (1948), the scale accounted for research findings that showed people did not fit into exclusive heterosexual or homosexual categories. Kinsey results were as follows:

  • Men: 11.6% of white males aged 20–35 were given a rating of 3 for this period of their lives. The study also reported that 10% of American males surveyed were "more or less exclusively homosexual for at least three years between the ages of 16 and 55" (in the 5 to 6 range).
  • Women: 7% of single females aged 20–35 and 4% of previously married females aged 20–35 were given a rating of 3 for this period of their lives. 2% to 6% of females, aged 20–35, were given a rating of 5 and 1% to 3% of unmarried females aged 20–35 were rated as 6.
So, in science, sexual orientation is a spectrum with two extremes, namely: hetero-normativity and homonormativity. The latter refers to a politics that does not contest dominant heteronormative assumptions and institutions, but upholds and sustains them, while promising the possibility of a demobilized gay constituency and a privatized, depoliticized gay culture anchored in domesticity and consumption.

As such, against this scientific understanding, it would be an irresponsible and an anti-intellectual attitude, if the knowledgeable society remained silent, and hence fully condoning, without any qualification, Makonda’s anti-gay campaign.

ANTI-GAY CRUSADES ARE UNWARRANTED BY CHRISTIAN THEOLOGY

Among the grounds he gave to back up his directives is that such a campaign would create an environment that is favorable to the furtherance of religious ethics. This is unacceptable for two reasons. First, it is unconstitutional, as Tanzania is a religiously neutral state as per section 3 of our constitution (1977). On this point, the constitution states:

"3.-(1) The United Republic is a democratic, secular and socialist state which adheres to multi-party democracy." ​

But not only that. It is also unacceptable as religious superiors in general, and christian superiors in particular, have no "theological authority" to condemn the homosexual condition.

On Sunday, 26 June 2016, Pope Francis said that Christians owe apologies to gays and others who have been offended or exploited by the church. On this point the Pope said:

"I repeat what the Catechism of the Catholic Church says: that [gays] must not be discriminated against, that they must be respected and accompanied pastorally... The Church must ask forgiveness for not behaving many times. When I say the Church, I mean Christians! The Church is holy, we are sinners. I believe that the church not only should apologize to the person who is gay whom it has offended, but has to apologize to the poor, to exploited women, to children exploited for labor; it has to ask forgiveness for having blessed many weapons. One can condemn, but not for theological reasons, but for reasons of political behavior as certain manifestations are a bit too offensive for others. But these are things that have nothing to do with the problem. The problem is a person that has a condition, that has good will and who seeks God, who are we to judge? We must accompany them well."​

This line of thinking in the Pope's mind is a fruit of critical reflection from diverse Christian Professionals, who have ultimately come to a reasoned conclusion that, Christian Churches have no theological authority to condemn people with a homosexual condition.

According to these professionals, the Roman Catholic Church has in recent decades sent mixed signals with regard to discrimination based on sexual identity. On the one hand, they claim, official documents have condemned violence and verbal abuse directed at persons of different sexual orientation; while on the other hand, the Church has approved and lobbied for certain types of discrimination in housing and employment, for example.

Such conclusions are well documented in one book entitled, "Sexual Diversity and Catholicism: Toward the Development of Moral Theology" as edited by Patricia Beattie Jung with Joseph A. Coray. Patricia Beattie Jung, PhD, is associate professor of theology at Loyola University, Chicago.

The book focuses specifically on Roman Catholic magisterial teachings on sexual diversity. It also wrestles with explicitly Roman Catholic views of the relationship among various sources of moral wisdom (between Church teachings, the Bible, philosophy, science and experience) and how their interplay might contribute to the further development of Church teaching.

The book addresses the issue of sexual diversity and its legitimate expression under the headings Interpreting Church Teachings, Interpreting the Bible, Interpreting Secular Disciplines, and Interpreting Human Experience.

In short, the arguments coined by professionals who contributed articles to this book forced the former Pope of the Catholic Church, Pope Bendict XVI, to resign from office, after it was evident that his documented pronouncements while serving as the Prefect of the Congregation for the Doctrine of Faith, had been proved false.

On this point, "The Promise of Postodern Heremeneutics" by Patricia Beattie Jung(2001) says the following in this book:

"While Church teachings may often, even normally, illuminate the biblical witness, sometimes a traditional lens can shroud the scriptures in misinterpretation.


"Consider, for example, the commonly held heterocentric interpretation of the story of Sodom (Gen. 19:1-11), reasserted in 1986 by the Vatican. Speaking of this biblical passage, the Congregation for the doctrine of faith (CDF) cocnludes, 'here can be no doubt of the moral judgment made there against homosexual relations.' Rome proclaims: there is 'no doubt.'

"Yet, many biblical scholars--including profoundly conservative advocates of heterosexism like Richard B. Hays--believe this particular passage does not even speak of--let alone against--same-sex activity per se, just as a parallel story about opposite sex gang rape in Judges 19 does not reveal God's judgment about, or against, oposite sex activity per.

"Instead of illuminating te text, the church's tradition of heterosexism has obscured the witness of this passage against sexual violence in general, and against same sex gang rape in particular." (pg. 81)


ANTI-GAY CRUSADES ARE IGNORANT OF MAJOR LESSONS OF HISTORY

And finally, history requires that we should actively intervene against anti-gay crusades. Let me explain briefly.

The entire world watched Adolf Hitler and his Nazi team as they herded gypsies, homosexuals, and Jews into gas chambers. Committed Nazis interpreted the action as purification of the race; the rest of the world interpreted it as murder of innocent people; and we can only guess how the people waiting for the gas interpreted it.

For all three groups the action was naturally the ‘‘same,’’ the herding of people into gas chambers. For each group, however, the meaning of the action was far from the same. It was radically different. The differences resulted from what we can here refer to as the “Lonerganian Fallacy.”

This phrase is here used in the following sense: According to Dr. Bernard Lonergan’s work entitled, “Insight: A Study of Human Understanding (1997),” all human understanding may suffer from an aberration that he named scotosis (from the Greek skotos, darkness). Scotosis produces something he calls scotoma, a blind spot. Scotosis results from bias, “the love of darkness.” It is not a conscious act, but it arises “in the censorship that governs the emergence of psychic contents.” This censorship can be either positive or negative.

Positively, scotosis “selects and arranges materials that emerge in consciousness in a perspective that gives rise to an insight.” Negatively, scotosis prevents “the emergence into consciousness of perspectives that would give rise to unwanted insights.” To exclude an insight, Lonergan argues, “is also to exclude the further questions that would arise from it and the complementary insights that would carry it towards a rounded and balanced viewpoint.” The lack of that more balanced viewpoint “results in behavior that generates misunderstanding both in ourselves and in others.”

In the present case, it would be invidious to suggest that only Makonda and his hetero-normativist camp, are suffering from scotosis and the adherents of the non-hetero-normativist camp are not. But we can never know the extent to which either side suffers from it without a systematic dialogue that is guided by a rigorous ontological, epistemological and logical principles within a genuine and levelled-playing-field of discourse.

Only in this way can can we finally discover in whose eye there is scotoma. In this regard, I suggest the following epistemological principle of justification as a minimum:

1. A person P is justified in believing a claim C at time T, if and only if, on balance, P's total evidence in support of claim C at T is greater than P's total evidence in support of Not-C at T; OTHERWISE, P's total evidence in support of claim C at T is equal to P's total evidence in support of Not-C at T, in which case P is expected not to take sides.

2. If person P justifiably believes claim C immediately prior to T, and P learns at T that there is a neighbour N who has evidence concerning claim C and who disbelieves claim C, for the reason that, on balance, N's total evidence in support of Not-C at T is greater than N's total evidence in support of claim C at T, then P’s evidence prior to T does not support claim C any more, and P must abandon his position accordingly.

3. If person P justifiably believes claim C immediately at T, and P learns after T that there is a neighbour N who has evidence concerning claim C and who disbelieves claim C, for the reason that, on balance, N's total evidence in support of Not-C after T is greater than N's total evidence in support of claim C at after T, then P’s evidence at T does not support claim C any more, and P must abandon his position accordingly.

4. Thus, person P is justified in believing claim C if and only if it is not the case that if P had fulfilled all her intellectual obligations, then P's belief would have changed, in such a way that P would not have believed claim C.

Accordingly, in order to help readers determine in whose eye there is a scotoma as regards the sexual identity question, I have attached here under the book by Salzman and Lawler entitled, “The sexual person: Toward a Renewed Catholic Anthropology(2008)” but for those who have ample time to educate themselves further. With this in mind, you may continue with the reading.

Specifically, I highly encourage the Dar es Salaam RC, Hon. Makonda, to spare some time for reading this entire book.


 

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Kws noni adopigwe marufuku huyo Joti tu kuliko vichekesho vyote.
 
Habari zenu wanajamvi

Leo nimeona tupeane ushauri kuhusu mambo yafuatayo ila naomba mods msiufute uzi huu

Nafikiri wengi mmepata kusikia kauli za mkuu wa mkoa wa darisalama akipiga marufuku uvutaji wa sigara na shisha
kwa shisha siwezi kujua lakini ili la sigara naomba tujuzane vizuri dukani sigara zauzwa maduka yote na wala hakuna maduka maalumu ya kuuza sigara na nikinunua sigara nachangia pato la taifa

Je sigara ni bidhaa haramu kiasi kwamba watu kuitumia kwao mpaka wajifiche?

KUHUSU USHOGA
kwa hili simsemei vibaya mheshimiwa lakini naomba atambue kuwa hospitali ya TAIFA muhimbili kuna kitengo kinachoshughulikia mashoga ikiwemo kuwapima afya zao na kupewa zana kila mwezi source(kaoge cloudstv takeone) hii ni sawa na mimi mchepuko kumkataza bwana wangu kua marufuku kufanya mapenzi wakati najua kua ana mke japokuwa sijui kama tulikubali ama tuliukataa ushoga lakini wao mashoga wanathaminiwa je huu ujasili unatoka wapi

Wakuu kuna mengine mengi nimeyasikia likiwemo kumtaka meya kutafuta kazi nyng
 
KUHUSU USHOGA
japo kua sijui kama tulikubali ama tuliukataa ushoga lakini
Kitu controversial duniani sasa hivi kama haki za mashoga kama hujui Tanzania ina sheria gani you can not comment on it, much less start a thread and pontificate about it!

Jielimishe kwanza kabla ya kuasa jambo.

Anti ushoga Tanzania ni sheria ya mwaka 1954!

Most all people here wamezaliwa wameikuta hii marufuku ishaandikwa vitabuni kuwa ushoga ukome na ukemewe. Na wewe sasa tunakutaka ushindwe na ulegezwe. Na watu wote wanaokufatilia Instagram, kama alivyoasa Mkuu wa Mkoa, tunawapinga na kulaani.
 
Anataka kufanya kazi zote peke yake badala ya kushirikiana na wenzake huu ni ulevi wa madaraka
 
Anti ushoga Tanzania ni sheria ya mwaka 1954!

Most all people here wamezaliwa wameikuta hii marufuku ishaandikwa vitabuni kuwa ushoga ushindwe na ulegezwe. Na wewe sasa tunakutaka ukome na ukemewe. .
mkuu na walio anzisha kitengo hicho katika hospitali yenu ya taifa
 
mkuu,kuhusu sigara hadharani kuna sheria ya miaka mingi inayopiga marufuku uvutaji hadharani maana utafiti umeonyesha kuwa moshi unaotoka kwenye sigara pamoja na ule wa mvutaji una madhara kiafya kwa watu wengine walio karibu yake. ni kuwa tu sheria hiyo ilikuwa haifuatiliwi maana hata raia anaruhusiwa kumkamata anayevuta hadharani na kumpeleka polisi.
 
Habari zenu wanajamvi

Leo nimeona tupeane ushauri kuhusu mambo yafuatayo ila naomba mods msiufute uzi huu

Nafikiri wengi mmepata kusikia kauli za mkuu wa mkoa wa darisalama akipiga marufuku uvutaji wa sigara na shisha
kwa shisha siwezi kujua lakini ili la sigara naomba tujuzane vizuri dukani sigara zauzwa maduka yote na wala hakuna maduka maalumu ya kuuza sigara na nikinunua sigara nachangia pato la taifa

Je sigara ni bidhaa haramu kiasi kwamba watu kuitumia kwao mpaka wajifiche?

KUHUSU USHOGA
kwa hili simsemei vibaya mheshimiwa lakini naomba atambue kuwa hospitali ya TAIFA muhimbili kuna kitengo kinachoshughulikia mashoga ikiwemo kuwapima afya zao na kupewa zana kila mwezi source(kaoge cloudstv takeone) hii ni sawa na mimi mchepuko kumkataza bwana wangu kua marufuku kufanya mapenzi wakati najua kua ana mke japokuwa sijui kama tulikubali ama tuliukataa ushoga lakini wao mashoga wanathaminiwa je huu ujasili unatoka wapi

Wakuu kuna mengine mengi nimeyasikia likiwemo kumtaka meya kutafuta kazi nyng
Makonda hakurupuki yupo sahihi kabisa
Sheria inakataza kuvuta sigara hadharani
Ushoga ni kinyune cha sheria za Tanzania na mungu,muhimbili hakuna upuuzi huo
Kazi za meya zimeanishwa kisheria,anatakiwa halmashauri walau mara mbili kwa wiki tu
 
Habari zenu wanajamvi

Leo nimeona tupeane ushauri kuhusu mambo yafuatayo ila naomba mods msiufute uzi huu

Nafikiri wengi mmepata kusikia kauli za mkuu wa mkoa wa darisalama akipiga marufuku uvutaji wa sigara na shisha
kwa shisha siwezi kujua lakini ili la sigara naomba tujuzane vizuri dukani sigara zauzwa maduka yote na wala hakuna maduka maalumu ya kuuza sigara na nikinunua sigara nachangia pato la taifa

Je sigara ni bidhaa haramu kiasi kwamba watu kuitumia kwao mpaka wajifiche?

KUHUSU USHOGA
kwa hili simsemei vibaya mheshimiwa lakini naomba atambue kuwa hospitali ya TAIFA muhimbili kuna kitengo kinachoshughulikia mashoga ikiwemo kuwapima afya zao na kupewa zana kila mwezi source(kaoge cloudstv takeone) hii ni sawa na mimi mchepuko kumkataza bwana wangu kua marufuku kufanya mapenzi wakati najua kua ana mke japokuwa sijui kama tulikubali ama tuliukataa ushoga lakini wao mashoga wanathaminiwa je huu ujasili unatoka wapi

Wakuu kuna mengine mengi nimeyasikia likiwemo kumtaka meya kutafuta kazi nyng
Amepiga uvutaji sigara hadharani katikati ya watu!
 
A very interesting read.
However, the writer builds his arguments on the assumption that one can be homosexual by nature; that one can harbour pure and uncorrupt feelings of affection towards members of his/her own sex.
Therein lies the problem. It is still not clear what causes homosexuality, and consequently it is unclear whether homosexual desires can be pure!
 
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