WINDHOEK, Namibia — The Supreme Court of Namibia will soon issue rulings in three pivotal cases involving LGBTQ+ and intersex people that will set a precedent for the recognition of same-sex marriages and spousal immigration rights for non-Namibian partners. 

Furthermore, a case is soon to be heard in the country’s high court that will challenge the southern African nation’s antiquated sodomy law. 

These cases have incited public debate around LGBTQ+ and intersex rights in a country where homosexuality is a controversial and polarizing subject.

This is the first time since 2001 that Namibia’s highest court will hear cases regarding same-sex relationships. It is also the first time the high court will hear arguments regarding the sodomy law.

The first hearing, which took place on March 3, was the joint cases of Digashu and Seiler-Lilles versus the government.

The applicants — both foreign nationals married to Namibian citizens — in both cases are seeking recognition of their marriages concluded outside Namibia in order to access spousal immigration rights such as permanent residence and employment authorization. 

The second hearing, which took place on March 6, was in the case of a Namibian man married to a Mexican man seeking citizenship by descent for their children born via surrogate. The government has demanded DNA testing to prove that the Namibian national is the biological father to the children. 

In the last case, a gay Namibian man is not only challenging the constitutionality of the country’s sodomy law but also the prohibition of “unnatural sexual offenses.” 

While the cases represent a crucial moment for the country’s LGBTQ+ and intersex community and their rights, individual people and families fighting a fight bigger than they had foreseen are at the center of these cases. 

Marriage, immigration and the law

South African citizen Daniel Digashu married Namibian national Johann Potgieter in South Africa in 2015. The couple and their son moved to Namibia in 2017.

While the move was favorable for the family, the law around same-sex marriage was not.

Digashu’s first encounter with the Home Affairs and Immigration Ministry was not to have them officially recognize his marriage. He was applying for a permit allowing him to work in the country in the company that he jointly started with his husband. 

“We’ve always had a dream to live on a farm and run this tourism company. We registered the company first, about six months before we officially moved,” Digashu said. 

He said the ministry advised him against applying for permanent residency because the country does not recognize his marriage. Officials instead told him to seek a work permit.

Despite assurances from the ministry’s personnel, the application was denied. Digashu filed an appeal, and that was denied too. 

From this moment to today, Digashu has lived a life in limbo. 

Due to the ongoing court cases, he is able to renew his visitor’s visa every few months. This, he said, comes with exhausting administrative costs that legal fees exacerbate.

Digashu said the process has put psychological, emotional and financial strain on his family. 

“Prior to finding funding it had been quite difficult financially. It is not something that a lot of people would afford. I don’t think we even could afford it. That’s why we sought out and looked for funding and luckily we found that,” he said.

As they await the judgment of their hearing, everything remains the same for Digashu and his family: His husband remains the sole breadwinner as Digashu himself still cannot work.

Namibian citizen Anette Seiler and her German wife Anita Seiler-Lilles face the same dilemma.

Neither expected to become cornerstones of the advocacy around marriage equality and LGBTQ and intersex rights in Namibia. 

“We didn’t plan to come to Namibia in the early 2000s,” said Seiler. “We thought we might want to come back when Anita didn’t have to work anymore, and that would be many years later. So, we didn’t think so much in terms of gay rights in Namibia at that time.”

“It was a very personal thing for us to get married. We were not active in Namibia or Germany in the gay community,” she added. 

Both couples have received copious amounts of support from the local LGBTQ+ and intersex community and civil society as they fight to be afforded the same spousal rights that would be granted to opposite-sex couples. 

Citizenship by descent and the right to family

As Namibia grapples with the recognition of same-sex marriages, the right to family and protections of them is another matter that has come under scrutiny.

Namibian citizen Phillip Lühl and his husband, Mexican national Guillermo Delgado, are fighting for their children born via surrogacy to be granted Namibian citizenship by descent. 

Delgado and Lühl say they are fighting for their children’s birthright.

While both fathers are listed on the children’s South African birth certificates, the Namibian government has demanded DNA proof that Lühl is the biological parent of the children. 

“The fact is that any other South African birth certificate is accepted but in our case it’s not because we’re of the same sex. In the case of a heterosexual couple, nobody will ever ask for any proof or dispute the validity of the document, but in our case it is,” Lühl said. 

The children have been granted Mexican citizenship by descent after a rigorous process that ended with the country’s Foreign Affairs Ministry granting it.

“They initially were not favorable but concluded that Mexico would recognize a process that was duly and procedurally done in a constituency that they recognize, namely South Africa,” Delgado explained. 

The family nevertheless plans to stay in Namibia and continue to fight the government for their children’s birthright and the recognition of their family.

Their case scrutinizes the ambit of the Namibian Constitution, which affords all its citizens protection against discrimination and the right to family. 

‘Apartheid-era’ sodomy law

In the final case, Namibian gay activist Friedel Dausab has filed a constitutional challenge against the common law crime of sodomy and the prohibition of “unnatural” sexual acts. 

Dausab brought a case against the government in June 2020 stating that the law promotes stigma and exclusion, and instigates the criminalization of consensual same-sex sexual acts between men.

Dausab argues that the offenses under the law are incompatible with the constitutional rights to equality, dignity, privacy, freedom of association and freedom of expression. He also argues that the crime of “unnatural sexual offenses” is too vague to be compatible with the constitution.

“I am challenging these laws as a lifelong and dedicated activist because I am acutely aware that criminalization is a clear obstacle to living a full, open, honest and healthy life,” he said.

Namibian Attorney General Festus Mbandeka in a recent affidavit he submitted to the high court said same-sex sexual conduct is immoral and unacceptable to many Namibians. Mbandeka further denied the existence of the sodomy law stigmatizes gay men. 

“If these men suffer any stigma it is in consequence of their choice to engage in sexual conduct considered to be morally taboo in our society,” Mbandeka said.

While it is reported that 64 sodomy-related arrests were made between 2003-2019, the offenses are rarely enforced. The country’s Criminal Procedure Act 51 of 1977 nevertheless lists “sodomy” as a Schedule 1 offense.

The U.K.-based organization Human Dignity Trust says this listing means that either a police officer or an ordinary citizen can arrest anyone who is reasonably suspected of having committed the offense without needing a warrant. It is legal to use lethal force to kill them if the suspect attempts to evade arrest.

Namibia remains one of the few countries in southern Africa that is yet to abolish its sodomy law. Angola, Botswana, Lesotho, Mozambique and South Africa have already done so. 

JUBA, South Sudan — Human rights groups have welcomed the scrapping of South Sudan’s National Security Services’ unfettered powers to arrest people.

President Salva Kiir Mayardit and First Vice President Riek Machar last month scrapped Section 54 and 55 that allowed an arrest without a warrant and arrest with a warrant respectively under the National Security Service Act of 2014. Many human rights organizations had called for the government to restrict the powers of the NSS, which has caused many LGBTQ+ and intersex people to flee to the Kakuma refugee camp in neighboring Kenya.

“The SSHRDN (the South Sudan Human Rights Defenders Network) welcomes the recent proclamation by the Cabinet Affairs Minister, Dr. Martin Elia Lumoro, on behalf of the Revitalized Transitional Government of National Unity declaring that the NSS no longer has the power to arrest with or without a warrant,” said the South Sudan Human Rights Defenders Network National Coordinator James Bidal.

Bidal in his statement notes human rights activists “have faulted” the National Security Service Act of 2014 “for giving” the NSS “police-like powers to arrest, detain conduct searchers and seize property without adequate safeguards and exceeding the NSS’ constitutional mandate, which limits its powers to information gathering, analysis and advice to the relevant authorities.” 

“Human rights organizations have documented human rights violations by the NSS including arbitrary arrests and prolonged detention, including of political opponents and government critics,” said Bidal. “As the Human rights defenders’ network, we commit to continue defending and advocating for human rights of every person in the country and continue to exploring meaningful ways to collaborate and work with government, legislature, the judiciary, civil society, the South Sudan Human Rights Commission, media, academia, individual human rights defenders, international non-profit organizations, United Nations agencies and the diplomatic corporations.”

Carine Kaneza Nantulya, the deputy director of the Human Rights Watch in Africa, notes the NSS was established at independence in 2011 to collect information, conduct analysis, and advise relevant authorities however. It, however, repeatedly overstepped this constitutional mandate.

“Worryingly, NSS abuses also stretch beyond South Sudan’s borders,” said Nantulya. “In some cases, it has harassed and repressed South Sudanese activists in Kenya and Uganda with the aid of local authorities. South Sudanese authorities should immediately open an investigation into the security service abuses and hold officers to account while ensuring redress for victims. The investigation should include the role of senior leadership of the NSS in perpetuating abuses. The African Union and South Sudan’s neighbors should apply consistent diplomatic pressure to ensure these reforms. This could help transform the NSS into an agency that respects fundamental rights and freedoms not only in South Sudan, but the region.”

Flavia Mwangovya, Amnesty International’s deputy regional director for East and Southern Africa, also said the NSS operates a spy network that extends throughout East Africa where many South Sudanese have found refuge. 

Mwangovya said at least four South Sudanese men — three of whom were refugees who had received protection in Kenya — since January 2017 have been illegally picked up and transferred back to South Sudan. They were held in prolonged detention at Blue House, the NSS’ detention facility, and two of them were reportedly killed extrajudicially.

“Since the NSS Act in 2014, the NSS has accumulated unchecked powers, becoming one of the main perpetrators of human rights violations and the most powerful security actor in South Sudan,” said Mwangovya.

Consensual same-sex sexual relations remain criminalized in South Sudan under the country’s 2008 penal code that criminalizes “acts of carnal knowledge against the order of nature” and “gross indecency.” These provisions carry a maximum penalty of 14 years in prison and a fine.

Daniel Itai is the Washington Blade’s Africa Correspondent.

KAMPALA, Uganda — Three East African countries are tightening the noose on the so-called promotion of homosexuality through new laws and banning LGBTQ+-specific content.

Lawmakers in Uganda and Kenya have introduced bills that would curtail the promotion of LGBTQ+-specific activities with stiff penalties above their respective penal codes that criminalize consensual same-sex sexual relations. Tanzania has recently banned LGBTQ+-specific books.

Uganda’s Anti-Homosexuality Bill, 2022, would sentence anyone who identifies with “lesbianism, gay, transgender, queer or any other sexual or gender identity contrary to the binary categories of male and female” to 10 years in prison. 

The proposed law that was set to be tabled any time after its postponement on Wednesday for further preparation would impose a 5-year prison sentence or a fine of around $27,000 or both to anyone who is found guilty of promoting homosexuality in Uganda. The measure’s definition of promotion includes production, procuring, marketing, broadcasting, disseminating using electronic devices, publishing LGBTQ+ pornography and funding or sponsoring homosexuality. 

Uganda’s latest move follows a growing number of LGBTQ+-specific activities in the country that include the painting of rainbow colors at a children’s park in January that a local council removed because it went “against the norms of the people of Uganda.” 

Moreover, Uganda’s NGO Bureau, which monitors NGOs that operate in the country, in January recommended a new law that “prohibits the promotion of LGBTQ activities in the country.”

Also, the move results from the Church of England’s decision earlier this year to allow its priests to bless same-sex couples. This angered the Anglican Church of Uganda and Muslims who called upon MPs to crack down on homosexuality through legislation.      

Anyone convicted of providing a house, a brothel or any other place in which LGBTQ+-specific activities can take place could face up to seven years in jail under the new bill.

“Where the offender is a corporate body or a business or an association or a non-governmental organization, on conviction its certificate of registration shall be canceled and the director, proprietor or promoter shall be liable to two years imprisonment on conviction,” the bill reads. 

Anyone found guilty of conducting a same-sex marriage could face up to two years in prison and the business that hosts such a ceremony could lose their business license.

The Office of the U.N. High Commissioner for Human Rights has cautioned Uganda’s Parliament against proceeding with the bill, while noting that the “State has a duty to ensure full protection of all people from violence and discrimination regardless of sexual orientation or gender identity.” 

Frank Mugisha, a Ugandan LGBTQ+ and intersex rights activist, has raised concerns about a rising number of homophobic attacks committed by people and security officials in the country since January.

“The LGBTQ community continues to face a harsh operational environment, an increase in direct and indirect attacks, and surveillance in its spaces. This has made it difficult for LGBTQ organizations to do advocacy and deliver services to the communities because of the fear of being arrested by security agencies,” Mugisha said in a statement. 

He has documented dozens of harassment and assault incidents to LGBTQ+ and intersex people, including one on February 18 where a Transgender woman residing in Kampala, the Ugandan capital, was assaulted at a friend’s party after discovering her gender.       

In Kenya, a bill that would further criminalize and punish people who engage in homosexuality and promote it is poised to be introduced in the country’s Parliament. 

“The proposed law intended to further the provision of Article 45 (2) of the Constitution of Kenya and to protect the family will not only consolidate the existing laws relating to unnatural sexual acts but also increase the penalty for those convicted of engaging or promoting the acts to imprisonment for life or consummate sentence,” reads the notification. “Article 45 (2) of the constitution provides that every adult has the right to marry a person of the opposite sex based on the free consent of the parties to start a family, which is recognized as the natural and fundamental unit of society.”

Last week’s Supreme Court ruling that allows an LGBTQ+ and intersex rights group, the National Gay and Lesbian Human Rights Commission, to register as an NGO after years of court battles with the country’s NGOs Board has elicited criticism from religious leaders, lawmakers, the president and Kenyans themselves.

“We respect our court’s decisions but in Kenya, we have our culture, traditions, and religious beliefs. We can’t go the road of women marrying women or men marrying men. Same-sex marriage will happen somewhere else and not in Kenya,” President William Ruto stated on March 2 at a women’s function in Nairobi, the country’s capital.

Pressure is mounting on the seven Supreme Court judges to reverse the ruling, with Attorney General Justin Muturi vowing to challenge it. Muslim and Christian groups have planned a March 17 protest against the ruling.

The ruling has put the judges in a bind since a Supreme Court decision is final and cannot be appealed in any court in the country. The East African Court of Justice, which is based in Arusha, Tanzania, can consider an appeal.

Critics of the ruling argue that the queer group does not deserve an association, since Kenya’s penal code criminalizes homosexuality and the Supreme Court decision gives leeway for legalizing it from an appeal pending in the country’s second highest court.

Thirteen groups that include the American Jewish World Service, Amnesty International-Kenya, the National Gay and Lesbian Human Rights Commission and the Kenya Human Rights Commission on Thursday issued a joint statement in support of the ruling. 

“The judgment has demonstrated the great strides that Kenya has taken to promote the rule of law, democracy, and human rights,” it reads.

The groups insist that granting the LGBTQ+ and intersex community the right to form associations is in line with the spirit of Kenya’s constitution, which guarantees freedom of expression under Article 33 and freedom of association under Article 27 without any form of discrimination.

Tanzania, which also criminalizes same-sex relations, has joined neighboring Kenya and Uganda in restricting LGBTQ+ and rights. 

President Samia Suluhu last month described LGBTQ+ rights as “imported cultures” as she cautioned university students against it. 

The Tanzanian government recently banned a popular series of children’s books from schools that contain LGBTQ+-specific content. 

“The Diary of a Wimpy Kid” by U.S. author Jeff Kinney and another book, “Sex Education: A Guide to Life” were removed from libraries in public and private schools. The government has also committed to increasing its surveillance on books with LGBTQ+-specific content.

NAIROBI, Kenya — The Kenyan Supreme Court on Friday in a 3-2 ruling said an LGBTQ+ and intersex rights group must be allowed to register as a non-governmental organization.

Eric Gitari, the former executive director of the National Gay and Lesbian Human Rights Commission, in 2013 challenged the Kenya NGO Coordination Board’s decision not to allow him to register the NGLHRC as an NGO because it contained the words “gay” or “lesbian.”

The Kenyan High Court and the country’s Court of Appeal ruled in Gitari’s favor in 2015 and 2019 respectively.

“The court was of the view that the appellant’s decision was discriminatory and that it would be unconstitutional to limit the right to associate, through denial of registration of an association, purely on the basis of the sexual orientation of the applicants,” reads the ruling. “The court noted that by refusing to register the NGO, the persons were convicted before they contravened the law. The court however pointed out that all persons, whether heterosexual, lesbian, gay, intersex or otherwise, will be subject to sanctions if they contravene existing laws, including Sections 162, 163 and 165 of the Penal Code.”

NGLCC in a tweet described the ruling as a “victory for Kenya’s LGBTIQ+ community.”

BREAKING: Victory for Kenya’s LGBTIQ+ community as the Supreme Court affirms the right of the National Gay and Lesbian Human Rights Commission to register as an NGO. #EqualityWins #FreedomOfAssociation #Victory #JusticePrevails pic.twitter.com/Uk4Pg2NXeV

— #Repeal162 because #LoveIsHuman (@NGLHRC) February 24, 2023

“The Supreme Court’s decision to uphold the lower courts’ rulings is a triumph for justice and human rights,” said NGLHRC Executive Director Njeri Gateru in a press release the Human Dignity Trust, a London-based human rights group, issued. “At a time where the Kenyan LGBTIQ+ community is decrying the increased targeting and violence; this decision affirms the spirit and intention of the Constitution to protect all Kenyans and guarantee their rights.”

Kenya is among the countries in which consensual same-sex sexual relations remain criminalized.

The Washington Blade earlier this month reported the Kenyan government is cracking down on foreign books with gay content that it feels targets teenagers. Discrimination based on sexual orientation and gender identity remains commonplace, but the country’s law that extended legal recognition and protections to intersex people took effect last summer. Kenya, according to the U.N. Refugee Agency, is the only country in the region that offers asylum to those who are fleeing anti-LGBTQ+ persecution.

The Supreme Court issued its ruling on the same day U.S. first lady Jill Biden arrived in Nairobi, the Kenyan capital. 

President Joe Biden in 2021 signed a memo that committed the U.S. to the promotion of LGBTQ+ and intersex rights abroad as part of his administration’s overall foreign policy. State Department spokesperson Ned Price, who is openly gay, in a previous interview with the Blade noted the decriminalization of consensual same-sex sexual relations is a priority under this directive.

JOHANNESBURG — Access Chapter 2 and the Triangle Project are two of the South African LGBTQ+ and intersex rights organizations that have welcomed the arrest of four men who authorities say used Grindr to extort and victimize LGBTQ+ and intersex South Africans.

Brigadier Athlenda Mathe, a spokesperson for the Gauteng Police, said a 26-year-old man “who had been chatting to one of the suspects” on Feb. 13 “was lured to an area where he was hijacked, kidnapped and robbed of his personal belongings, including bank cards.”

“The suspects proceeded to make several purchases with the victim’s bank cards,” noted Mathe. “When the matter was reported to the Mondeor Police Station, the anti-kidnapping task team operationalized information and swooped on the four men who were meeting at the restaurant on the same day of the kidnapping.” 

In response to the recent developments, Access Chapter 2 spokesperson Mpho Buntse said the organization commended the arrest by the South African Police Service.

“AC2 would like to take this opportunity to congratulate SAPS (South African Police Service) for the groundbreaking arrest of the terror-striking and so-called Grindr gang,” said Access Chapter 2.

Access Chapter 2 noted in 2022 it “kick-started a campaign to highlight the persistent cases of kidnapping, extortion and robbery in the hands of a group of Johannesburg men who used Grindr to lure gay men across the Gauteng province.”

“We are excited that this arrest may bring some form of justice and recourse for many victims and survivors,” said Access Chapter 2. “These incidents have instilled fear among users of the app, as a result, rang a terror alarm among the 2SLGBTQIA+ community. Although this arrest may signal some victory, we are still committed to working with SAPS to ensure that no other groups will emerge. We continue to urge the community to come forward should there be any similar incidents in the future.”

Thabo Ndlovu, 33, Ndumiso Mahlangu, 27, Sibusiso Tshabalala, 27 and Elson Nyati, 25, are the four men who have been arrested.

Buntse said Access Chapter 2 is “confident in the work of SAPS, as well as the judicial arm, in particular, the National Prosecuting Authority to ensure” the four men “are prosecuted and an exemplary precedence is set for future similar cases.”

We also call on Grindr to take a leap of responsibility in ensuring the safety of its users,” added Buntse.

The Washington Blade last August reported on a number of Grindr users who had been kidnapped.

One victim, Jake, told Exit, an LGBTQ+ and intersex newspaper, he agreed to meet a man he met on the gay hookup app at his home. Four men arrived and threatened to kill him if he didn’t give them money. Jake said the men released him six hours later after he paid them $600.

“We have always held a position that Grindr is a volatile space in itself and as much as people are free to engage in any digital space without fear or prejudice, we equally strongly advice that those that choose to use the space, do so with the highest caution and safety,” said Buntse. “Moreso, safety in South Africa is a matter of concern for everyone, every community, sector or wherever you may be at this juncture. So in essence, no one is feeling completely safe in South Africa. The overwhelming socioeconomic factors and the fact that we are the most unequal society in the world, are just some realities that lead to the high rates of violence and murders” 

Ruth Maseko, convenor of the Triangle Project, nevertheless said Grindr was still one of the best dating apps and cited those who take advantage of the app should be prosecuted to the fullest. 

“Some people may argue that apps like Grindr are an invitation to get hurt, but these apps provide freedom to many 2SLGBTQIA+ folk who cannot be out,” said Maseko. “They may have no other option to engage in socializing and finding friends who are part of the 2SLGBTQIA+ community. No matter what you think of Grindr, it is about finding connection and community. Those who are taking advantage of that and targeting the 2SLGBTQIA+ community are criminals. They are targeting an already vulnerable group who are susceptible to violence in South Africa every day.” 

“Moreover, when it comes to the safety of the 2SLGBTQIA+ community, we unfortunately must be hyper vigilant,” added Maseko.  

The Triangle Project offers these suggestions to hook up app users:

• Where possible try and get background information of the person you are meeting or hooking up with

• Tell a friend or family member about your date or party you will be attending

• There are apps where you can let a friend or family member track where you are

“2SLGBTQIA+ folk are also human beings, this means we have the right to safety and security as we navigate our lives,” said Maseko.

SAPS recently released its latest quarterly crime statistics which have left many scratching their heads. 

South Africa between last October and December recorded 12,419 rapes and 7,555 murders with an average of 82 murders per day during that period.

Daniel Itai is the Washington Blade’s Africa Correspondent.

KAMPALA, Uganda — The Church of England’s decision to allow clergy to bless same-sex marriages has angered the Anglican churches of Uganda and Kenya to the point that they are considering a total disassociation with it.

The Kenya and Uganda churches are now looking upon a conservative Anglican breakaway group — the Global Anglican Future Conference (Gafcon) — to which they also belong to give them direction on their association with their mother Church of England in April. Anglican Church of Uganda Archbishop Stephen Kaziimba revealed this while condemning the General Synod of the Church of England, its top governing body, for, in his words, embracing sin by recognizing homosexuality against God’s word.

Gafcon’s 4th conference will begin in Kigali, Rwanda, on April 17. More than 1,000 people, who include “Bible-believing” archbishops, bishops and Anglicans from across the world are expected to attend. 

The General Synod, which comprises hundreds of elected members who meet at least two times a year, on Feb. 9 supported the proposal for priests to bless gay couples. Two hundred and fifty bishops, clearly and lay people voted for it, while 181 opposed it and 10 abstained.

The meeting took place in London. 

“The Church of Uganda has more than 200 members traveling to Kigali in April,” Kaziimba said. “We shall pray, sit together and discern the mind of Christ for the way forward. We need the wisdom of Solomon to know how to faithfully respond to the crisis at hand.” 

Kaziimba through his press statement in response to the Church of England’s decision demands it to abandon the Anglican Communion and form a Canterbury Communion with other liberal Anglican churches that include the Episcopal Church in the U.S. and others in Brazil, Scotland and Canada.

All country Anglican churches have the freedom of conducting their affairs independently.

The Anglican Church of Uganda started to distance itself from the fellowship of the Church of England when the Episcopal Church in 2003 consecrated now retired New Hampshire Bishop V. Gene Robinson, who is openly gay. The Archbishop of Canterbury refused to take any disciplinary action against the Episcopal Church, which led to Gafcon’s emergence in 2008. 

Kaziimba accuses the Church of England of departing from the Anglican faith and turning into “false teachers” by condoning same-sex marriages, while noting the Bible only recognizes marriage as between a man and a woman. 

Archbishop Foley Beach, who chairs Gafcon, in a statement also criticized the Church of England and called for Archbishop of Canterbury Justin Welby’s resignation for breaking his vows to forbid “all erroneous and strange doctrine contrary to God’s word” in the church. 

“This decision by the Church of England raises questions regarding the relationship of Anglican Provinces around the world with the Church of England and the continued role of the Archbishop of Canterbury,” Beach stated. 

He noted that “we shall have more to say and do about these matters” in the Kigali conference. 

The Anglican Church of Kenya Archbishop Jackson Ole Sapit also criticized the Church of England’s decision of blessing gay couples as “devious.”

He noted the liberal Anglican churches have lost all theological and doctrinal legitimacy and have resorted to using their political dominance to secularize the church by normalizing all manner of sin. 

“It is ridiculous that the Church of England affirms to remain faithful to the traditional teachings of marriage yet it has sanctioned the so-called prayers of love to be used in its churches to bless unions between persons of the same sex,” Sapit said. 

He warned what he described as political and secular correctness that exists in liberal Anglican churches only seeks to undermine the true Gospel, thereby rendering them irrelevant after losing their church identity.  

Sapit maintained the Anglican Church of Kenya recognizes marriage as the union between a “man and a woman, monogamous and heterosexual.” He added that any deviation from this Godly union is sinful and unacceptable. 

“If there are people who are not called to marriage and are faithful followers of Christ, let them embrace celibacy, and live a life obedient to the teachings of the bible as they so profess to believe in,” Sapit said.

Kenya and Uganda criminalize consensual same-sex sexual relations. The churches have been at the forefront of supporting these laws.

For instance, Kaziimba on Feb. 13 challenged Ugandan lawmakers not to relent in the fight against homosexuality in order to protect the country’s morality. 

His comments come against the backdrop of plans to introduce a new bill in the Ugandan Parliament that seeks to further curtail homosexuality by criminalizing LGBTQ and intersex organizations and activities in the country. Uganda’s NGO Bureau, which monitors NGOs that operate in the country, last month recommended a new law that “prohibits the promotion of LGBTQ activities in the country.”

NAIROBI, Kenya — The Kenyan government is cracking down on foreign books with gay content that it feels targets teenagers.

This crackdown follows a public outcry from parents with school-age children and religious officials who are demanding the government to do a thorough audit of books in the market and ban the ones with gay content.

Text Book Centre, one of Kenya’s leading bookstores in Nairobi, was ordered to stop selling a controversial teen book from a renowned British publisher that specializes in children’s books.

“What’s happening to me?” by Usborne publishers sparked outrage among those who feel it lures male teens into LGBTQ+ practices that are illegal.

“It is about a month since we removed the book from our shelves and returned it to the warehouse after the retail manager received an order from the U.K. manager,” a manager at Text Book Centre confirmed to the Washington Blade. 

Part of the book states “it isn’t unusual to fancy someone the same sex as you when you’re growing up.” It adds, “Usually people go on to have stronger feelings for the opposite sex, but this doesn’t always happen.”

The book further states that “it’s possible to fancy both boys and girls” and then it defines lesbian and gay dating.

A group of Christian, Muslim and Hindu clerics earlier this month issued a joint statement that asked President William Ruto and his government to protect teens from so-called same-sex doctrine through books from Western countries. 

“We will defend the defensible moral rectitude acceptable by the majority, and frown upon any socialization that raises a mortal threat,” reads part of the statement issued on Feb. 2. 

“We cannot close our eyes to the incontrovertible fact that this slice of Western liberalism is a Trojan horse which will lead to the destruction of the family unit,” it adds. “We cannot christen evil as LGBTQ rights so that it can be embraced.” 

The country’s penal code outlaws same-sex relations with a jail term of 14 years for “carnal knowledge against the order of nature” under Section 162. Section 165 proscribes a five-year prison term for “indecent practices between males.” 

The clerics asked the police to install reporting desks in stations that would allow the public to report what they describe as suspected cases of minors “being recruited” to become LGBTQ+ and to have those responsible punished.

“If we freely and openly embrace LGBTQ as the diversity of sexuality and identity, we will soon find ourselves accepting bestiality on the same grounds,” reads the statement.

The clerics stated at the time the teachers’ employer fired six elementary school teachers who were captured on camera forcing male students to “engage in indecent/inappropriate acts depicting homosexuality within the school compound” as punishment. The teachers were subsequently charged with breaching the school’s code of conduct and ethics guidelines. 

A senior official from Kenya’s Education Ministry who was not authorized to speak to the press questioned how the children’s books with LGBTQ+ content were stocked in bookshops against the country’s norms and laws.  

“The person who ordered the books should have been arrested. Bookshops should strictly stick to the existing rules of operation,” the official said. 

He stated that Ruto’s government has already affirmed the position of his predecessor, Uhuru Kenyatta, to not bow to pressure from Western countries to decriminalize consensual same-sex sexual relations.

Ruto during an interview with CNN last September as president-elect maintained that focusing on LGBTQ+ issues was like creating a “mountain out of a molehill” since it was not a big issue for Kenyans. 

KICD, Kenya’s agency that is responsible for approving curriculum books, noted the proliferation of foreign materials including children’s books into the country’s open market with poor control regulations putting buyers at risk of consuming restricted information. 

“We are not law enforcers instead it is only the police who can apprehend the culprits behind the LGBTQ materials to children after being reported by parents. Regulation of such foreign content is the weakness we are grappling with,” KICD Communications Manager Erick Omulo said.

Omulo noted there should be enough tough regulations to limit the flooding of book content that violates Kenyan laws into the market.      

Apart from Kenya cracking down on teen books with same-sex content, the government last September revealed it was in talks with Netflix to ban the streaming of LGBTQ+ movies. 

“Usborne is one of the world’s leading independent children’s book publishers,” Usborne Head of Publicity Fritha Lindqvist told the Blade in an emailed statement. “We have over 3,000 books available in the English language, aiming to cover all subjects for all ages, from which customers around the world select the titles that work best for their market. All Usborne books are written in an age-appropriate way by experts in writing for children.”

JUBA, South Sudan — Human rights activists in South Sudan have a mixed reaction over Pope Francis’ comments against criminalization laws that he made after he left their country.

“The criminalization of homosexuality is a problem that cannot be ignored. Criminalizing people with homosexual tendencies is an injustice,” said Francis on Feb. 5 during a press conference on board his plane after it left South Sudan.

Human rights activist Faisal Fei said “it should loudly be pointed out to the pope that his unsolicited opinion, guidance and whatsoever is grossly misplaced and abominable.” 

“All people of scriptures, save for the condemned nation of Sodom and Gomorrah, wantonly abhorred same sex relations. Before human civilization began or renaissance for that matter, the people of South Sudan did not only condemn same sex relations, strict measures penalizing the act were in place. The abomination of homosexuality was self-condemning and no human memory recorded or recalls the existence of such practices in both present and distant history,” said Fei. “The people of South Sudan, just like their departed ancestors, heavily detest same sex relations and have properly penalized it and the brazenly disgraced pope or his wrong sympathizers have no say in this. Should the ‘Junubins’ (South Sudanese people) ever resolve that the pope is not welcomed in South Sudan, truly, the oceans will not dry and that would be the law of the land. The pope has his right place in the church and not government. His response is an indication of lack of focus and purpose in his ministry and needs divine guidance. Conclusively, the pope’s statements, are like a bar attendant’s remarks, they have no effect. The people of this country will penalize same sex relations and God’s sun will rise for us in the east and set in the immoral West.” 

Fei also said the majority of South Sudanese abhor same-sex relations due to their traditional and religious beliefs.

“The general perception about same sex relations is spite, hate and abomination. The people rightly believe and already want to strengthen their apathy against homosexuals and their proponents,” said Fei. “Right from prehistory, same sex relations never existed here. I see an extreme stance against same sex relations in this country and it will be good for us all. Properly, the people of South Sudan will design earthly hell for the 2SLGBTQIA+ community.” 

Isoke Kennedy Baguma, an East African human rights activist, said Francis’ comments opened the door for LGBTQ+ and intersex people in South Sudan. 

“The pope’s visit to South Sudan was like the awakening of a dormant volcano,” said Baguma. “While the pope has no power to influence legislation in South Sudan, power and authority remains in the hands of the president of South Sudan who may sympathize with the decriminalization of same sex relationship. Hope should not be lost and forgotten, advocacy voices should continue to protect 2SLGBTQIA+ persons.”

Baguma said the situation for LGBTQ+ and intersex people in South Sudan remains dire, but added it is no different than in other countries throughout the region. (South Sudan is among the dozens of African countries in which homosexuality remains criminalized.) 

“The current administration may not legalize same sex relations anytime soon because the regional laws and policies both internal and foreign especially in East Africa haven’t worked in favor of same sex relations,” said Baguma. “The East African region remains a strong proponent of heterosexual relations and having tough penal laws against same sex relations.”

Baguma stressed “traditional customary laws and customs remain a threat to the recognition of same sex relations in East Africa” and “people in villages look at homosexuality as a foreign concept and repugnant to the locals.” 

“The question of the day remains, are 2SLGBTQIA+ persons human beings, do they deserve to be protected by the laws of the land and should they have a country of their own,” said Baguma. “2SLGBTQIA+ people are also engineers, lawyers , doctors, political leaders and plumbers.” 

Daniel Itai is the Washington Blade’s Africa Correspondent.

JOHANNESBURG — Various civic organizations across South Africa have welcomed efforts to legalize sex work.

The public comment period on the Criminal Law (Sexual Offenses and Related Matters) Amendment Bill of 2022 ended on Jan. 31. The Cabinet on Nov. 30, 2022, approved the publication of the measure that would decriminalize sex work for public comment.

The bill would repeal the Sexual Offenses Act (previously the Immorality Act) of 1957 (Act No. 23 of 1957). It would also repeal Section 11 of the Criminal Law (Sexual Offenses and Related Matters) Amendment Act of 2007 (Act No. 32 of 2007) to decriminalize the sale and purchase of adult sexual services.

“As a human rights organization we are delighted that our efforts to call for the decriminalization of sex work has after almost three decades received attention to this level because initially the call to decriminalize sex was just falling on deaf ears, as one of our biggest issues with the criminalization of sex work is the gross human rights violations against sex workers and for us sex workers not being able to seek recourse when we need to,” said Yonela Sinq of the Sisonke National Sex Workers Movement. “Secondly, we strongly believe that the decriminalization of sex work will afford us (sex workers) improved access to health, justice, economic freedom, humane working conditions and a regulated industry. Hence, we have been so persistent in the call for the full decriminalization of sex work.” 

Sinq also said the legalization of sex work will also be important to the LGBTQ+ and intersex community.

“The 2SLGBTQIA+ community is a growing community facing triple the stigma,” said Sinq. “Once we have addressed the decriminalization of the industry, they too will be afforded improved avenues to seek recourse when violated.” 

“As it stands, our Transgender sex workers are still held in cells with men who in turn rape them. Therefore, once this decriminalization process is done with, we will be able to comfortably without fear of further stigmatization and discrimination address this human rights violation because sex work comprises of such diverse groups so with our law enforcers often ignorant to every individual’s choice we often find that they law enforcers are contributors of some of the most gruesome human rights violations,” added Sinq. “I believe the decriminalization of sex will be a step closer to the full recognition and protection of all human rights as per the country’s constitution.”

Mpho Buntse of Access Chapter 2, a South African LGBTQ+ and intersex rights organization, said the legalization of sex work will not only bring dignity to sex workers but demystify some of the elements associated with sex work.

“I think it’s important to highlight that work that is seeking to advance the decriminalization of sex work is long standing work that was started a long time ago. More than anything, the conclusion of this process does not limit this work,” said Buntse. “It’s work that’s continuous. It’s work that we have seen organizations like Sisonke advancing for many years, so this is just the coming together of efforts by advocacy and interest groups that have been working to create attention and need to the decriminalization of sex work.” 

“So that now this process is closed, we will be looking further at a more conducive South Africa that will be able to engage on how we can learn and unlearn what we think we know about sex work,” added Buntse.

Buntse noted some of the benefits of legalizing sex work include improved access to health care, condoms and PrEP and sex workers feeling more comfortable approaching law enforcement if they are victimized. 

“Now for the 2SGBTQIA+ community, this law will create a level playing field for all sex workers because we know that in the past those that are gender nonconforming have always been facing a double-edged sword of victimization because of the lack of protection from law enforcers, which have resulted in some having sex without paying or violating them because there was no law,” said Buntse. “So this amendment will help the 2SLGBTQIA+ to practice safe sex work without fear of victimization.”

“Furthermore, under a democratic South Africa we are allowed to associate in whatever way that we want,” added Buntse. “The Constitution makes it clear that self affirmation is important so engaging in sex work could be as a result that one fending for their families whilst some view it as just normal work so the level of respect that is accorded to every type of work should be also be done to those that engage in sex work so it is not a taboo because our Constitution protects us.”

The Justice Department will now consider the public comments and make any necessary changes to the bill before its introduction in Parliament. Lawmakers will then debate it before they vote on it.

Daniel Itai is the Washington Blade’s Africa Correspondent.

GOMA, Congo — M23 rebels in Congo’s North Kivu province have displaced a number of Transgender people and left them even more vulnerable to persecution.

M23 rebels last November approached Goma, the province’s capital city, and forced around 180,000 people to leave their homes. Jérémie Safari, coordinator of Rainbow Sunrise Mapambazuko, a Congolese LGBTQ+ and intersex rights group, told the Washington Blade that residents of the Kibumba camp where displaced people have settled have refused to assist trans people and have accused them of being sorcerers.

“Trans people went (through) war like everyone else,” said Safari. “In the Kibumba camp where the displaced have settled, the local community there has refused Trans people access, accusing them of being sorcerers, bad luck charms and of being the origin of the war following their evil practice.” 

Safari said other displaced people who did not want Trans women in the camp have attacked them. Safari said these Trans women currently sleep in the street in Kibumba without food.

Safari, in addition, said the government has done little to help these displaced Trans people, even though consensual same-sex sexual relations are not criminalized in the country.

“The displaced people received help but not the trans people since they do not live in the camp and also the government is still extremely hostile towards LGBTIQA+ organizations in the DRC (Democratic Republic of the Congo). No LGBTQA+ organization can be legally recognized by the Congolese State,” said Safari.

Safari said Rainbow Sunrise Mapambazuko currently needs funds to provide housing, food and medicine to the displaced Trans people.

“If we could have $7,000 (U.S. dollars) firstly for their survival, since we are afraid of their life and their health which is in danger, that would be of immense help,” said Safari.

The M23 since last May has demonstrated increased firepower and defensive capabilities that have enabled the group to overrun U.N.-backed Congolese troops and hold territory. 

The U.N. says the fighting between Congolese troops and M23 rebels has forced nearly 200,000 people to flee their homes. 

Human Rights Watch has called upon the U.N., the African Union and governments to publicly denounce M23 abuses found to have been committed by other combatants, maintaining sanctions against senior M23 commanders and expanding them to those newly found responsible for serious abuses and senior officials from across the region complicit in them. Human Rights Watch also said any political settlement should not include amnesty for those responsible for human rights abuses and prevent responsible M23 commanders to integrate into the Congolese armed forces. 

“The government’s failure to hold M23 commanders accountable for war crimes committed years ago is enabling them and their new recruits to commit abuses today. Civilians in eastern Congo should not have to endure new atrocities by the M23,” said Thomas Fessy, a senior DRC researcher at Human Rights Watch.

M23 sprung from elements within the Congolese army in 2012. 

The rebel group claims it is defending the rights of Congolese Tutsi and originally comprised of soldiers who participated in a mutiny from the Congolese army in April-May 2012. They claimed their mutiny was to protest the Congolese government’s failure to fully implement the March 23, 2009, peace agreement — M23 derives from this date — that had integrated them into the Congolese army.

The Congolese army and the U.N. Force Intervention Brigade defeated M23 in November 2013, and its members fled to Rwanda and Uganda. The group re-emerged in November 2021.

Daniel Itai is the Washington Blade’s Africa Correspondent.