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U.S. ambassador to Kenya: Every country must make ‘own decisions’ about LGBTQ+ rights

Meg Whitman’s March 3 comments raised eyebrows

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U.S. Ambassador to Kenya Meg Whitman (Screen capture via Citizen Kenya TV/YouTube)

KAJIADO, Kenya — U.S. Ambassador to Kenya Meg Whitman earlier this month said every country “has to make their own decisions about” LGBTQ+ and intersex rights.

“Every country has to make their own decisions about LGBTQ rights,” she said on March 3 while speaking to reporters in Kenya’s Kajiado County. “In the United States we probably have a different position, which is we view LBTQ rights as human rights, but we respect every country’s point of view on what position they want to take on this and we will respect that, but of course our democratic values and the way we feel is different and that’s okay.”

“Countries have differences,” added Whitman. “We have a very strong working relationship over many years and I think the Kenyan government probably knows the U.S. perspective, in fact I know they do, but we also respect Kenya’s right over this particular issue.”

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

The Kenyan Supreme Court on Feb. 24 ruled the National Gay and Lesbian Human Rights Commission, an LGBTQ+ and intersex rights group, must be allowed to register as a non-governmental organization. The country’s groundbreaking intersex rights law took effect last July.

President William Ruto last September told CNN’s Christiane Amanpour before he took office that LGBTQ+ and intersex rights are “not a big issue” in his country. His government last month began to crack down on foreign books with gay content that it feels targets teenagers.

President Joe Biden in 2021 signed a memo that committed the U.S. to promoting LGBTQ+ and intersex rights abroad as part of the Biden-Harris administration’s overall foreign policy. 

First lady Jill Biden on Feb. 25 spoke with young people about condoms, contraception and safer sex practices during her visit to the Shujaaz Konnect Festival in Nairobi, the Kenyan capital. Whitman on March 3 told reporters the $123,124,278.40 (16 billion Kenyan shillings) in aid the U.S. has given to Kenya for food and drought relief is not connected to the country’s LGBTQ+ and intersex rights policies.

“I want to underscore there is absolutely no linkage at all between that food and drought relief and Kenya’s stance on LGBTQ,” said Whitman.

A State Department spokesperson on Monday in a statement to the Washington Blade said “our position on the human rights of LGBTQI+ persons is clear. Human rights are universal.”

“A person’s ability to exercise their rights should never be limited based on sexual orientation, gender identity or expression, or sex characteristics,” said the spokesperson. “Governments should protect and promote respect for human rights for each and every human being, without discrimination, and they should abide by their human rights obligations and commitments.”

Whitman on Monday in a tweet reiterated this point. She also said she met with LGBTQ+ and intersex activists.

“Over the past week my team and I met with the LGBTQI+ community and stakeholders to support human rights of LGBTQI+ persons,” tweeted Whitman. “The U.S. proudly advances efforts to protect LGBTQI+ persons from discrimination and violence and will continue to stand up for human rights and equality.”

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For queer Nigerians, being on gay dating apps is still risky

Homophobes target users for violence

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(Bigstock photo)

By Elvis Kachi | LAGOS, Nigeria — Gay hookup apps like Grindr, and dating apps like Tinder and Bumble have managed to proliferate queer communities in countries like Nigeria. 

Those who seek one night stands find what they want while those looking for love equally find what they seek. These platforms have managed to position themselves as safe spaces for queer people in anti-gay Nigeria. In recent times, however, it is proving to be unsafe, as homophobic people are quickly learning about the apps, and opening accounts that either seek to outrightly threaten queer people, or pretend to be queer, have long chats with gay people, invite them over, and inflict violence on them.

Take the case of Biodun, a queer Nigerian man who joined Grindr to meet up with guys like him. 

After Biodun had built a connection and agreed to meet with someone whose display name was “Mamba,” they decided to meet up only for him to be met with violence. Apparently, Mamba ran a catfish account. 

“I’ll never forget that day,” Biodun, who asked the Washington Blade not to use his last name because of safety concerns, said. “I still think about it, and sometimes blame myself for being very careless, even though Grindr was supposed to be our safe space.” 

Biodun’s experience isn’t peculiar to him. 

In Nigeria, draconian laws that criminalize same-sex relationships exist, making queer people turn to the digital realm to explore their identities and seek connections beyond the confines of societal oppression that comes with the physical environment. Gay dating apps such as Grindr, therefore, have emerged as virtual sanctuaries, offering spaces for queer Nigerians to forge friendships, find solidarity, and pursue romantic or sexual relationships. Spaces like this, however, have morphed into a landscape fraught with danger, as homophobic people have weaponized these platforms to perpetuate hate and violence. 

“Sometimes, I often wonder how they learned about these platforms,” Daniel, which is not his real name, told the Blade. “You would think that it is just us in the platforms, until you find out that the accounts are rooted in homophobia.” 

One time, someone’s bio read, “I’m only here to deal with the gay people. I know all of you, and I will find and kill you. We no want una for here (translates to “We do not want you here,” in English.)” It was a stark reminder that these spaces are no longer LGBTQ+-friendly for Nigerians. In 2014, there was the passage of the Same-Sex Marriage Prohibition Act by former President Goodluck Jonathan, which not only criminalized same-sex unions, but also imposed severe penalties on anyone involved in LGBTQ+ advocacy or support. 

This law catalyzed a surge in discrimination and violence against queer Nigerians; emboldening regular civilians, religious extremists, and even law enforcement agencies to target individuals perceived as deviating from traditional gender and sexual norms. Again, amid this hostile environment, gay dating apps emerged as lifelines for many queer Nigerians, offering avenues for discreet communication, community building, and the pursuit of intimate relationships.

The very anonymity and freedom these apps provided, however, became double-edged swords. 

The advent of screenshot and screen-recording capabilities on these apps, for example, reduced the risks of exposure, strengthening the safety and privacy of users. However, this also comes with its own lapses, as queer people using Grindr have often relied on screenshots and screen recordings to confirm the identities of potentials with their friends, before accepting to meet. 

“Before the removal of the screenshot option, I usually shared photos of others with my trusted friends,” Biodun shared. “But since that was taken off, there was no way for me to do that.” 

Although, according to Grindr’s terms and conditions, the removal came with privacy concerns, as it was to facilitate a safe dating experience.

This erosion of digital safe spaces is depriving queer Nigerians of vital avenues for self-expression and affirmation, and is exacerbating the psychological toll of living in a society that continues to systematically demonize their identities. Moreover, the normalization of homophobic rhetoric and violence in both physical and digital realms has perpetuated a cycle of fear and oppression, and is reinforcing this notion that LGBTQ+ individuals are inherently unworthy of dignity and respect. Despite these challenges, though, the resilience of queer Nigerians continue to persist, as they defy societal norms and assert their right to love and be loved.

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Elvis Kachi is a Nigerian fashion and culture journalist. He’s had in pieces featured across platforms like BBC, Thomson Reuters, Essence Magazine, Condé Nast’s Them, etc. www.elviskachi.com

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Ugandan Census will not count intersex people

Advocacy group report documents rampant discrimination, marginalization

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Uganda Bureau of Statistics graphic

KAMPALA, Uganda — Uganda’s national Census next month will not count intersex people.

The revelation about the exclusion of intersex Ugandans in the 9-day Census exercise that will begin on May 10 has been confirmed to the Washington Blade by the head of Uganda’s Bureau of Statistics.

UBOS Executive Director Chris Mukiza in response to the Blade’s questions on the issue said the agency has “no business with intersex.”

Their counting could have made Uganda the second African country and the third globally after Australia and Kenya to collect an intersex person’s data in a Census. 

Kenya’s 2019 Census determined there were more than 1,500 intersex people in the country.

Uganda had a population of 34.8 million, according to the country’s last Census that took place in 2014.

Intersex people in Uganda are among marginalized groups, subject to stigma and discrimination. The government has yet to recognize them as the third sex and consider them among other minority groups, such as people with disabilities, who enjoy special treatment.

Intersex people cannot be exclusively categorized as male or female for having a biological congenital condition with unique sex characteristics due to inherent and mixed anatomical, hormonal, gonadal, or chromosomal patterns that could be apparent before, at birth, in childhood, puberty, or adulthood.

Mukiza’s position of excluding intersex people in the Census, however, comes amid the prime minister’s office’s demands for inclusivity and equality for all the population. (The Constitutional Court on April 3 refused to “nullify the Anti-Homosexuality Act in its totality.”)

“We recognize that much work remains to be done particularly in addressing the needs of the marginalized and vulnerable communities, promoting inclusive economic growth, and combating climate change,” said Dunstan Balaba, the permanent secretary in the prime minister’s office.

Balaba spoke on April 18 during the National Population and Housing Census prayer breakfast meeting the UBOS convened. Religious leaders and other stakeholders attended it.

President Yoweri Museveni has noted that data from the country’s sixth national Census will be crucial towards achieving the nation’s Vision 2040 and help the government, non-governmental organizations, and donors in providing services to the diverse population.

“It will also provide the basis for planning the provision of social services such as education, health, and transport, among others at the national and local level,” Museveni said as he urged citizens to fully support the Census and provide accurate information.

Uganda has an intersex rights organization, “Support Initiative for People with Atypical Sex Development (SIPD),” which activist Julius Kaggwa founded in 2008 with the support of groups that advocate for children, women, and other marginalized populations.

Some of SIPD’s work as a non-profit, grassroots organization includes community outreach and engagement, sharing reliable information with the society for the protection of intersex people’s rights, and championing the need for organized medical and psychological support.

The organization, through its numerous reports, has decried human rights violations against intersex people that include surgery without consent, discrimination in homes, schools and medical centers, parents abandoning intersex children, and stigma due to lack of legal protection by the government.

Uganda’s Registration of Births and Deaths Act allows a parent or guardian of a child under the age of 21 to change the name or sex at the local registration office. The SIPD, however, maintains this law is discriminatory to intersex people over 21 who want to change their sex characteristics, and want parliament to repeal it. 

The intersex rights organization wants the Health Ministry to establish a central registry to register intersex children after they’re born in order to receive support in terms of healthcare, social and legal by the government and other stakeholders as they grow up. 

SIPD particularly wants the government to enact a policy that would allow a gender-neutral marker on birth certificates for intersex children to ease any change of sex in the future. The organization also wants the government, through the Education Ministry, to adopt a curriculum that also considers intersex issues in schools and creates a friendly environment for intersex children to learn and graduate like their non-intersex peers.

These demands follow SIPD’s findings that disclosed many intersex children were dropping out of school because of the stigma and discrimination they suffered. The organization has further called on the public-funded Uganda Human Rights Commission to live up to its constitutional mandates of defending human rights by leading the promotion and protection of the rights of intersex people across the country.

SIPD has also challenged religious leaders, who play a key role in Ugandan society and are influential at the local and national level, to promote acceptance of intersex people and to end discrimination against them.

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Ruling that upheld Uganda’s Anti-Homosexuality Act appealed

Country’s Constitutional Court refused to ‘nullify’ law

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Uganda’s Constitutional Court (Photo Credit: Amnesty International)

KAMPALA, Uganda — 22 LGBTQ+ activists in Uganda have appealed this month’s ruling that upheld the country’s Anti-Homosexuality Act.

The Constitutional Court on April 3 refused to “nullify the Anti-Homosexuality Act in its totality.”

President Yoweri Museveni last May signed the law, which contains a death penalty provision for “aggravated homosexuality.”

The U.S. subsequently imposed visa restrictions on Ugandan officials and removed the country from a program that allows sub-Saharan African countries to trade duty-free with the U.S. The World Bank Group also announced the suspension of new loans to Uganda.

Media reports indicate Sexual Minorities Uganda Executive Director Frank Mugisha and Jacqueline Kasha Nabagesara are among the activists who filed the appeal.

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Congolese bill would criminalize LGBTQ+ people

Constant Mutamba’s measure seen as distraction from country’s long-standing problems

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Congolese MP Constant Mutamba (Photo courtesy of Mutamba's X account)

KINSHASA, Congo — A member of the Democratic Republic of Congo’s National Assembly who is a leader of the country’s opposition party has introduced a bill that would criminalize LGBTQ+ people.

Part of the bill that Constant Mutamba, leader of the Dynamic Progressive Revolutionary Opposition platform, has put forth states anyone who “commits a homosexual act (including acts and gestures) will be liable to a 5- or 10-year prison sentence.”

The country in recent years has seen government leaders and civic society target the community with anti-LGBTQ+ sentiments.

The Superior Council for Audiovisual and Communication, Media Regulatory Authority last June cautioned the media against showing LGBTQ+-specific conversations. Several activists have criticized Mutamba’s bill, saying it seeks to move attention away from governance, service delivery and other pertinent issues in the country.

Sirius Tekasala, a human rights activist, said a person’s sexual orientation does not impact issues of governance.

“The proposed bill does not go in the direction of improving the socio-economic life of the Congolese people,” said Tekasala. “It’s not homosexuals who prevent you from doing your job well or from breathing. This is a violation of human rights.”

Mbuela Mbadu Dieudonné, a social analyst and trade unionist, said the bill is just a way of deviating people from the pertinent issues.

“He should suggest how to get the Congolese people out of this precariousness of life which is growing on a daily basis,” said Dieudonné. “When we don’t know the real problems of the Congolese people, he sets himself up as the great director of scenes to distract the Congolese people.”

Many Congolese, however, seem to support the bill and have applauded Mutamba for drafting it.

This is not the first time that such kind of a bill has been drafted.

An anti-homosexuality bill introduced in 2010 would have sentenced people who engage in consensual same-sex sexual relations to between three and five years in prison. The measure, however, did not become law.

Mutamba’s bill, however, may pass with Uganda’s Anti-Homosexuality Act in effect. The country’s Constitutional Court earlier this month upheld it. Burundi, Tanzania and other neighboring countries are also considering similar measures.

Many Congolese people view LGBTQ+ rights as a Western phenomenon that disregards their religious and cultural beliefs. LGBTQ+ Congolese are among those who have fled the country and sought refuge in the Kakuma refugee camp in Kenya and other places.

Consensual same-sex sexual relations are not criminalized in the Democratic Republic of Congo, but Congolese law does not recognize same-sex marriages.

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Prominent Trans woman in Nigeria arrested, charged with defacing currency

Authorities say Idris Okuneye, known as Bobrisky, flaunted money

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Bobrisky's arrest has sparked concern among Nigerian activists. (Photos courtesy of Bobrisky's Facebook page)

LAGOS, Nigeria — Nigeria’s Economic and Financial Crimes Commission’s decision to arrest a well-known Transgender woman over the practice of flaunting money has sparked questions among several human rights activists.

Idris Okuneye, who is known as Bobrisky, was first arrested last Wednesday.

Justice Abimbola Awogboro of the Lagos Federal High Court on April 5 charged her with four counts of mutilating N490,000 (roughly $375.)

The EFCC alleges Bobrinsky between last July and August flaunted N50,000 (roughly $36) during a social event and N400,000 ($306) at another gathering last month. Bobrinsky has been charged with violating section 21(1) of the Central Bank Act of 2007.

“The Lagos Zonal EFCC, on Friday, April 5, 2024, secured the conviction of Idris Okuneye, (Bobrisky), before Justice Abimbola Awogboro sitting at the Federal High Court, Ikoyi, Lagos over mutilation of the Naira notes,” reads the EFCC complaint that misgenders Bobrisky. “He was arraigned on Friday on a four-count charge bordering on mutilation of the Naira notes to the tune of N490,000.”

“Justice Awogboro, thereafter, ruled, that upon the admission of guilt by the defendant, and following the evidence tendered, the defendant is declared guilty as charged,” adds the statement.

The EFCC said after listening to both parties, Awogboro delayed his ruling and also ordered that Bobrisky remain in EFCC custody. Activist Felix Abayomi said the EFCC was simply using Bobrisky as a scapegoat due to the fact that she is a vulnerable member of the society.

“Discrimination in the name of implementing a pick and choose law! Why go after someone that is a vulnerable member of our society? Someone that is clearly dealing and coping with stigmatization of her lifestyle choices which is innate. Using her as a scapegoat is uncalled for,” said Abayomi. “How does spraying the Naira that is cultural to us as a people ever even become a financial crime? People who commit economic and financial crimes against us as a people and against our nation state are sitting comfortably in the hollows of our legislative chambers and power.”

Chidi Odinkalu, the former chair of the National Human Rights Commission, said the arrest was not about the mutilation of the Naira notes, but about Bobrisky’s gender identity.

“The EFCC should be ashamed of themselves,” said Odinkalu. “The power of arrest and prosecution is a public trust that should not be weaponized for the persecution of those whom they don’t like. It is either the EFCC is evidently idle or this is a clear abuse of power.” 

EFCC spokesperson Dele Oyewale said Odinkalu’s statements were reckless.

“The commission views such commentaries from Odinkalu as unbecoming of a former head of a major government agency,” said Oyewale. “Okuneye was arrested and arraigned by the commission on the basis of clear cases of abuse of the Naira to which he has pleaded guilty.”

“Odinkalu has a right to free speech as a Nigerian, but such a right should be exercised with decorum and responsibility,” added Oyewale. “The commission would not hesitate to take appropriate legal actions against such uncouth commentaries against its lawful mandate by anyone. Odinkalu is warned and advised to ventilate his rascally opinions more responsibly in future situations.” 

Bobrisky is one of the few individuals on the African continent who has publicly discussed their gender transition.

Ever since she started to publicly show her transition, several Nigerian political pundits have been calling for her arrest. There are no laws that specifically target Trans Nigerians, but the Same-Sex Marriage Act criminalizes same-sex marriages and prohibits the public display of same-sex relationships with up to 14 years in prison.

In states where Sharia law is practiced, those found engaging in same-sex sexual activities can be sentenced to death by stoning. Even those who identify as trans can receive 50 lashes or more.

Update: Awogboro on Friday sentenced Bobrisky to six months in prison without the option of paying a fine. Reports indicate authorities will send her to a men’s prison.

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Anti-Homosexuality law upheld by Ugandan Constitutional Court

President Yoweri Museveni last May signed the law, which contains a death penalty provision for “aggravated homosexuality”

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The Ugandan Constitutional Court on Wednesday upheld the country’s Anti-Homosexuality Act. (Screenshot/YouTube Africa News)

KAMPALA, Uganda – The Ugandan Constitutional Court on Wednesday upheld the country’s Anti-Homosexuality Act.

“We decline to nullify the Anti-Homosexuality Act in its totality,” said Deputy Chief Justice Richard Buteera as he read the decision.

President Yoweri Museveni last May signed the law, which contains a death penalty provision for “aggravated homosexuality.”

The U.S. subsequently imposed visa restrictions on Ugandan officials and removed the country from a program that allows sub-Saharan African countries to trade duty-free with the U.S. The World Bank Group also announced the suspension of new loans to Uganda.

The court late last year heard the case against the Anti-Homosexuality Act.

A press release that a coalition of Ugandan LGBTQ advocacy groups issued on Wednesday notes the court said “some sections” of the law violate “the right to health, right to privacy and right to freedom of religion.” The decision, they noted, however, “failed to identify the numerous ways the law violates Ugandans’ substantive rights to equality, dignity, speech, association and health and freedom from discrimination.

“While we respect the court, we vehemently disagree with its findings and the basis on which it was reached,” said Nicholas Opiyo of Chapter Four Uganda. “We approached the court expecting it to apply the law in defense of human rights and not rely on public sentiments, and vague cultural values arguments.”

Human Rights Campaign President Kelley Robinson also condemned the decision.

“For the Constitutional Court of Uganda to uphold such a draconian law in any capacity is a horrific display of hatred that will mean further discrimination and physical harm for LGBTQ+ Ugandans,” she said.

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Eswatini police detain prominent human rights activist, LGBTQ+ ally

Tanele Maseko taken into custody on March 28 at border crossing

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Tanele Maseko (Photo courtesy of the World Liberty Congress)

MBABANE, Eswatini — Eswatini police on March 28 detained a prominent human rights activist as she tried to return to the country.

Tanele Maseko, the deputy chairperson of the Southern Africa Human Rights Defenders Network, was taken into custody at the Ngwenya Border Post between Eswatini and South Africa. Reports indicate she was returning to Eswatini with her two minor children and an aide when authorities told her she was wanted.

SAHRDN said Maseko’s detention stemmed from her husband’s gruesome murder in January 2023.

Thulani Maseko was a high-profile lawyer, human rights activist and LGBTQ+ rights ally who was highly outspoken against the country’s governance.

“Southern Defenders has previously strongly condemned recent public statements from the government of Eswatini seemingly threatening Tanele Maseko for demanding justice and accountability for her husband’s murder,” said SAHRDN Chair Adriano Nuvunga. “Tanele Maseko is our deputy chairperson and human rights defender in her own right. As a normal human being, she, together with her children are victims of the traumatic events of Jan. 21, 2023, and need to know the truth for closure and healing.”

The Pan African Human Rights Defenders Network said Tanele Maseko’s detention is embarrassing and something not expected from a country that claims to protect all of its citizens.

“We are deeply concerned by the continued harassment of Mrs. Tanele Maseko by the authorities in Eswatini,” said Hassan Shire, the group’s chair. “The treatment that Mrs. Tanele Maseko and her children are receiving amounts to torture, inhumane and degrading treatment, that is totally banned under international law.” 

The Southern Africa Litigation Center in a statement said Maseko and her family are now the target of unsolicited harassment.

“Instead of anyone being held accountable for Thulani Maseko’s death, Mrs. Maseko and her young children have been the target of unsolicited harassment, persecution and intimidation by the authorities in Eswatini, including facing constant and cruel defamatory threats from government spokespersons,” said SALC in a statement. “Accountability and moral consequences must not remain elusive, hanging beyond the grasp of grieving hearts and demanding voices.” 

Vongai Chikwanda, Amnesty International’s deputy regional director for East and Southern Africa, said Eswatini authorities should stop weaponing the criminal justice system to target and harass Tanele Maseko.

“The judicial harassment of Tanele Maseko and her family is a clear violation of her human rights including the rights to liberty, freedom of expression and freedom of movement,” said Chikwanda. “Instead of using the criminal justice system to target, intimidate and harass Tanele Maseko, Eswatini authorities should focus on promptly, thoroughly, independently, impartially, transparently and effectively investigating Thulani Maseko’s murder and bringing to justice those suspected to be responsible.”

Lydia Dlamini, the acting commissioner of the Royal Eswatini Police Service, dismissed claims around Tanele Maseko’s arrest.

“In the wake of Thulani Maseko’s murder, concerted investigations ensued which at the early stage included obtaining a preliminary statement from his wife who was the only adult present at the time of the incident,” said Dlamini. 

“As normal practice and a follow-up to the preliminary statement, repeated attempts were made to meet with Mrs. Tanele Maseko to shed on various issues concerning the murder of her husband. Despite repeated requests, Mrs. Maseko was not even cooperative as even in instances where agreements had been reached on her availing herself,” added Dlamini. “In addition to not cooperating on this aspect of the investigation into her husband’s death, Mrs. Maseko also failed or refused to surrender herself and her late husband’s mobile phones, which the police had requested as these could possibly contain crucial information which could assist on this investigation.”

Dlamini said police at the border asked Tanele Maseko to go to police headquarters in Mbabane, the country’s capital, with her lawyers for questioning about her husband’s murder.

“To ensure compliance and to mitigate against the risk of evasion as had been previously been the case, she was requested to surrender her travel documents together with her mobile phone to which she agreed. Thereafter, she drove herself to the police headquarters in the company of her children,” said Dlamini. 

Dlamini said the interview was postponed until Tuesday.

“The engagement with Mrs. Maseko is crucial in obtaining vital information needed for a breakthrough in the investigation and therefore, must avail herself unreservedly,” said Dlamini. “No amount of distraction will sway the focus on the investigation.” 

Maseko is no longer detained, but is still under police surveillance until authorities complete their investigation.

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Ugandan lawmaker introduces anti-gay surrogacy bill

Sarah Opendi’s measure mirrors attempt in Kenya

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Ugandan flag (Image by rarrarorro/Bigstock)

KAMPALA, Uganda — Uganda has joined Kenya in seeking to ban same-sex couples who want to use a surrogate or in vitro fertilization to become parents.

MP Sarah Opendi on March 5 introduced the Human Assisted Reproductive Technology Bill 2023, which would limit access to these treatments to only people with infertility challenges. She notes there has been an increase in the number of Ugandans seeking to have children through human assisted reproductive technology over the years, but without a legal framework. 

“The increasing demand for the use of human assisted reproductive technology has been necessitated by the growing cases of primary and secondary infertility, and other health-related challenges among persons seeking to have children,” Opendi states in the bill. 

Legal gaps the law seeks to address include regulating access to the use of human assisted reproductive technology by a state’s medical body; designating medical units or facilities as fertility centers; setting up sperm, oocyte (a female egg) and embryo banks within fertility centers and a register of data collected from services rendered through the technology.  

The bill’s Clause 20 would block gay couples from having children via surrogacy and would give a registered medical practitioner the power to establish the infertility condition of an individual before accessing services. 

The medical professional would have to certify that the intending parent “suffers primary or secondary infertility” or “suffers health challenges which affect the ability to reproduce.” 

The bill would also bar same-sex couples from surrogacy services for parenthood, stating they apply to “a man and a woman” who jointly seek to use human assisted reproductive technology to obtain a child. The proposal would also apply to a man and a woman where “either the man or woman or both” suffer primary or secondary infertility or health-related challenges that affect the man or woman’s ability to reproduce.     

The proposed law, which a parliamentary health committee is considering for public input before its reintroduction in the House for debate, has been criticized by some Ugandan LGBTQ+ activists as “draconian.”

“The same sponsors of the anti-gay law are the same introducing this bill which is well influenced by American anti-gay and anti-gender groups,” Frank Mugisha told the Washington Blade.

His comments came three days after the U.S. denied Opendi a visa that would have allowed her to attend a Commission on the Status of Women at the U.N. meeting in New York.

Reports indicate the visa denial is because of anti-LGBTQ+ comments that include the castration of gay men that she made during the parliamentary debate on the Anti-Homosexuality Act. Mugisha applauded the U.S. decision, saying she should not be able to promote hate against LGBTQ+ people “anywhere else.”

“The bill is very draconian, has so many limitations for our men and families that do not conform to old draconian conservative ideologies,” said Mugisha in response to the surrogacy bill. “The bill would outlaw women who are not married from having IVF and we need to pay attention to this bull and stop it.” 

The Ugandan surrogacy bill limiting same-sex couples from parenthood adds to a list of recent anti-LGBTQ+ measures like Anti-Homosexuality Act that saw the country sanctioned.

The Court of Appeal on March 12 declared it is illegal for LGBTQ+ rights groups to register in Uganda. Parliament Speaker Anita Among, a strong anti-homosexuality crusader, during the parliamentary session two days after the ruling commended Chief Justice Alfonse Owiny and the Ugandan judiciary he leads for saving the country from “values that are alien and want to destroy our society.” 

Kenya’s proposed surrogacy law, dubbed the Assisted Reproductive Technology Bill 2022, is also before the parliamentary health committee. MP Millie Odhiambo last May reintroduced the bill, which would prohibit gay and lesbian couples from having children via surrogate.

The measure stalled in the Kenyan Senate in 2022. House rules rendered it “dead” when the parliamentary term ended because of that year’s general election. It could only be saved through a reintroduction in the new Parliament. 

The Kenyan surrogacy bill, just like the one that Opendi introduced, would only permit a man and a woman (intending parents) with certified infertility problems to have children via surrogate and IVF.

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Burundi’s president reiterates LGBTQ people should be stoned 

Ndayishimiye during the commemoration of the International Women’s Day reiterated his call for LGBTQ people to be stoned in a stadium

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Burundian President Évariste Ndayishimiye (Screen capture via Gentil Gedeon Official YouTube)

GITEGA, Burundi – Burundian President Évariste Ndayishimiye on March 8 reiterated his call for LGBTQ people to be stoned in a stadium.

Ndayishimiye made the remark during the commemoration of the International Women’s Day in Gitega, the country’s political capital. He first called for the public stoning of LGBTQ people last December during a public event.

LGBTQ activists sharply criticized the comments and some international diplomats even threatened to cut economic ties with Burundi. Ndayishimiye, however, seems unmoved by this pushback and maintained that if it meant if his nation would cut economic ties with the developed countries on the basis of his anti-LGBTQ stance then so be it, reaffirming that nothing will change his stance.  

Jésus Dior Kant, a gay man and LGBTQ activist from Burundi, said the president’s remarks are tantamount to publicly calling for the lynching of gay people.

“This violent and anti-LGBT+ rhetoric endangers the lives of many individuals in Burundi and stains the nation’s commitment to human rights,” said Kant. “Such discourse not only incites homophobia and violence but also violates international human rights laws and norms that protect individuals regardless of their sexual orientation or gender identity.”

Kant also said what Ndayishimiye said now poses a real and immediate threat for LGBTQ people in the country.

“The impact of this statement is not merely rhetorical, it poses a real and immediate threat to the safety and well-being of the LGBT+ community in Burundi,” said Kant. “It encourages hate crimes, promotes discrimination and undermines progress made towards equality and justice. This is not just a problem for the LGBT+ community but a stain on the moral fabric of our global society, reflecting on us all.”

Kant called for Ndayishimiye to immediately withdraw his remarks and commit to protecting the rights of LGBTQ people in the country.

“Your call to stone gay individuals constitutes a blatant violation of human rights and an incitement to violence and discrimination,” said Kant. “We implore you to take the necessary measures to withdraw your statement advocating violence against the LGBT+ community, commit to protecting LGBT+ individuals in Burundi by enforcing laws that guarantee rights and well-being and respecting international human rights conventions, ensuring that Burundi is a nation that respects and values every human life.” 

Clémentine de Montjoye, a researcher at Human Rights Watch’s Africa Division, said the anti-LGBTQ crackdown in Burundi could become worse, including continued political repression and restrictions on freedom of expression to maintain the governing party’s control. 

“This type of fearmongering is not new in Burundi, where sexual relations between people of the same sex have been illegal since former President Pierre Nkurunziza signed a new criminal code into law in 2009,” noted de Montjove. “The law was a fierce blow to Burundi’s LGBT people, who had begun to come out and organize, albeit in small numbers, to demand their rights be respected.”

De Montjove further noted the National Assembly’s human rights commission added the anti-homosexuality provision in the 2009 criminal code at the last minute, apparently under pressure from Nkurunziza, who made statements on television that described homosexuality as a curse.

“Ndayishimiye, who presents himself as a progressive, rights-respecting leader, should be working to reverse this trend rather than stoking more fear and hatred,” said de Montjoye.

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Ugandan appeals court upholds ruling that blocked LGBTQ+ group from registering

Decision ‘doesn’t faze us’

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Ugandan flag (Image by rarrarorro/Bigstock)

KAMPALA, Uganda — A Ugandan appeals court on Tuesday upheld a ruling that prevented an LGBTQ+ rights group from legally registering in the country.

The Uganda Registration Services Bureau in 2012 refused to legally recognize Sexual Minorities Uganda. The Uganda High Court upheld the decision in 2018, and SMUG appealed it to the country’s Registrar Court of Appeal.

“The LGBTQ community views this ruling as a missed opportunity to address the suppression of their freedom of association, instead focusing on perceived societal norms,” said SMUG in a press release. “It underscores a recurring trend in Ugandan courts, wherein rights of LGBTQ persons are marginalized, further widening the gap between legal protections and lived realities and experiences.”

Katie Hultquist of Outright International in a post to her X account expressed her personal support for SMUG Executive Director Frank Mugisha, his organization and other activists in the country. Mugisha said SMUG is “fully committed to elevating this challenge to the next level.”  

“After thorough debriefing, we will communicate our next strategic steps,” said Mugisha. “This ruling doesn’t faze us.”

The appeals court issued its ruling less than a year after President Yoweri Museveni signed the country’s Anti-Homosexuality Act, which contains a death penalty provision for “aggravated homosexuality.”

The Constitutional Court in December heard arguments in a lawsuit that challenges the law. It is not clear when a ruling will be issued.

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