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Africa

Intersex Kenyans see significant gains under landmark law

MPs approved statute last year

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Kenya flag (Photo by rarrarorro/Bigstock)

NAIROBI, Kenya — The push for intersex people to enjoy equal rights as Kenya’s third sex has recorded significant gains since a landmark law took effect last July.

Intersex people arrested for breaking the law can now be presented in court as intersex, since prosecutors have adopted the special ‘I’ sex marker for the group in charging documents.

This addresses the problem of authorities identifying intersex people for trial that became public in 2006 when police officers could not tell the sex of a detainee they perceived as a man who had been accused of a violent robbery. They had strip-searched him. 

The gains noted in the latest report by the country’s Intersex Persons Implementation Coordination Committee also note the inclusion of intersex concepts in Kenya’s new education curriculum for awareness. 

The IPICC falls under the purview of Kenya’s National Commission on Human Rights

Intersex awareness in schools for recognition and capacity building in the future targets adolescents at the junior secondary level where they are educated on the reproductive system. 

Veronica Mwangi, the IPICC’s head of secretariat who spoke to Washington Blade, commended the Office of the Director of Public Prosecutions for introducing the ‘I’ sex marker for intersex people in charging documents. 

“We have made gains in the criminal justice but we should not go back to the tendencies where intersex persons only require a lot of attention when it comes to crime. It is a misconception that misses the map,” she said. 

Citing a proposed Intersex Persons Bill 2023 currently undergoing public comment before being presented for debate in Parliament, Mwangi believes it envisages more benefits to intersex people.

For instance, the bill proposes access to more comprehensive medical attention for intersex people during surgeries and expensive medical examinations like Karyotype, a DNA and hormonal composition test that costs between $900-$1,000. 

The bill would also require medical insurance providers to come up with an affordable, unique package that addresses the needs of intersex people by taking into account the reality of their lived experiences.

“The reality of the matter is you may give birth to an intersex child as a girl but later it turns out to be a boy. Hence the medical package that was given to the girl may not apply to the boy,” Mwangi said. 

She added the medical insurance policy should be capable of responding to such changes, since intersex people will always have medical needs that keep shifting. 

The bill would also allow intersex people to change their sex marker at any time to reflect their new status after undergoing a comprehensive medical examination and a medical certificate to prove it. The measure would also demand the government to recognize intersex people as a vulnerable group, such as those living with disabilities, women, young people and orphans, in order to more easily access social protection programs.

It would further require employers to consider intersex people for employment and the Kenya Examination Council to support the registration of intersex people’s’ academic documents that indicate their name has changed because of a legal sex change.

The Civil Registration Services, a government agency that documenting all births and deaths,  has already been working closely with IPICC to change names on the birth certificates of intersex people to reflect their correct sex for easier access to public services.  

Kenya became the first African country to grant equal rights and recognition to intersex people in 2022. It is also the first nation on the continent and the second in the world after Australia to count intersex people in a Census in 2019. 

The survey showed 1,524 Kenyans were intersex. 

After many years of marginalization and discrimination, the IPICC progress report states that several intersex people for the first time were involved in monitoring Kenya’s August 2022 general election as observers. Other intersex people subjected themselves to the electoral process to be nominated or elected as county assembly representatives, the lowest electoral position, including one in the Kenyan capital of Nairobi. 

“This was a bold move and a big achievement because, for the first time in Kenya, intersex persons came out and tested the waters in politics,” Mwangi said.

She cited stigma and fear among intersex people in presenting conflicting documents about their sex to the electoral commission for clearance as the cause of staying away from politics before the enactment of the law that recognizes them. Mwangi urged intersex people to come out and take advance of available opportunities and assistance, since most of them don’t and it becomes hard to reach them.

Since the landmark law came into force in July last year; several psychosocial support groups for intersex persons, their parents and caregivers have been established in the country to offer any necessary assistance that includes counselling. The IPICC has also created a database of intersex people, a text message service and a toll-free number to report cases of discrimination and to advocate on their behalf.

Oct. 26, 2022, also marked the first official event that commemorated Intersex Awareness Day in Kenya.

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Ghana

Activists: Ghanaian presidential election results will not improve LGBTQ+ rights

Supreme Court on Dec. 18 to rule on anti-LGBTQ+ law

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Ghanaian President-elect John Dramani Mahama (Photo via John Dramani Mahama Official Instagram)

Former Ghanaian President John Dramani Mahama from the opposition National Democratic Congress has won Saturday’s general elections, defeating current Vice President Mahamudu Bawumia of the New Patriotic Party.

The NDC before the election had pledged its support for the Human Sexual Rights and Family Values Bill, which would further criminalize LGBTQ+ people and those who support them.

The bill, which MPs approved in February, has yet to be signed by outgoing President Nana Akufo-Addo because of a ruling the Supreme Court is expected to issue on Dec. 18. Richard Dela Sky, a journalist and private lawyer, challenged the law in March.

The NDC, NPP and other parties used recognition of LGBTQ+ rights to persuade Ghanaians to vote for them. Mahama during a BBC interview last week said LGBTQ+ rights are against African culture and religious doctrine.

Berinyuy Hans Burinyuy, LGBT+ Rights Ghana’s director for communications, said homophobic attacks and public demonstrations increased during the campaign.

“The passage of the Human Sexual Rights and Family Values Bill into law will institutionalize State-sanctioned discrimination and violence against LGBTQ+ individuals, leaving little to no legal recourse for those affected,” said Burinyuy. “The climate of fear and uncertainty that has gripped Ghana’s LGBTQ+ community cannot be overstated.”

“While the political atmosphere remains hostile, there is still hope that the Supreme Court will rule in favor of human rights and constitutional protections,” added Burinyuy. “Should the court strike down the bill, it will be a significant victory for LGBTQ+ rights and a blow to the growing wave of homophobia that has swept the country.”

Awo Dufie, an intersex person and cross-dresser, said the LGBTQ+ community is going to be at increased risk under the NDC-led government because it supports anti-LGBTQ+ rhetoric.

“Mahama supported the anti-LGBT bill as well as the arrest and prosecution of human rights defenders,” noted Dufie. “Politicizing queer rights as a distraction actually started under Atta Mills (the-late president of Ghana) and the NDC government in 2011, and it was an NDC MP (Sam George) who furthered this in 2021 vocalizing support for the anti-LGBT bill.”

Dufie added Ghanaians “voted out a worse corrupt government who had no respect for human rights, and brought in a former corrupt president who has also promised to not respect human rights.”

Activism Ghana, another LGBTQ+ rights group, said the attacks against LGBTQ+ Ghanaians are a series of political ploys designed to win votes as opposed to accelerating development.

“Hate the gays, win the votes, and when they win and fail to deliver development and prosperity, they scapegoat the gays to take away attention from real problems,” said Activism Ghana.

Secretary of State Antony Blinken on Monday congratulated Mahama’s election, and noted Naana Jane Opoku-Agyemang will become the country’s first female vice president.

“The United States commends the Electoral Commission, its hundreds of thousands of poll workers, civil society, and the country’s security forces, who helped ensure a peaceful and transparent process,” said Blinken in a statement. “We also applaud Vice President Mahamudu Bawumia for his gracious acceptance of the results.”

Mahama’s inauguration will take place on Jan. 7.

Advocacy groups continue to urge Akufo-Addo to veto the Human Sexual Rights and Family Values Bill or amend sections that further criminalize LGBTQ+ people and allies.

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South Africa

WorldPride 2028 to take place in Cape Town

South Africa is first African country to host event

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(Photo courtesy of Michael Gladwin)

Cape Town last month secured enough votes to host WorldPride in 2028.

The bidding process, which started in late October, took place in Medellín, Colombia, where the Guadalajara (Mexico) Pride and WorldPride Cape Town bidding teams contended for the rights to host WorldPride. InterPride, which organizes the event, on Nov. 8 officially declared Cape Town the host of WorldPride 2028.

It will be the first time WorldPride will take place in an African country.

South Africa is the only country on the continent that constitutionally recognizes LGBTQ+ rights. South Africa, as a result, in recent years has seen a surge in the number of LGBTQ+ asylum seekers from Africa and around the world.

Reacting to the historical precedence, Cape Town Pride said it was now time for Africa to shine and acknowledged the WorldPride Cape Town bidding team and the city of Cape Town for their role in the bidding process.

“This is a first for the whole continent of Africa,” said Cape Town Pride CEO Tommy Patterson. “A few weeks ago, in Medellín, Cape Town Pride, the city of Cape Town, and the bidding team presented our bid. The team did a wonderful job and we all forged great friendships and allies from Pride groups all over the globe.”

“Cape Town Pride is thrilled by the news and support shown by the global LGBTI+ family,” added Patterson.

Michael Gladwin of the WorldPride Cape Town bidding team echoed Patterson’s excitement.

“This will mark the first time WorldPride is held on the African continent, and we couldn’t be more excited to welcome the global LGBTQ+ community to our beautiful city,” said Gladwin. “A heartfelt thank you goes out to all our incredible partners who supported this journey. Together, we will showcase Cape Town as a beacon of inclusivity and diversity.”

Gladwin also congratulated Guadalajara Pride for their bid.

“Their commitment in promoting LGBTQ+ rights is inspiring, and we look forward to collaborating in the future,” said Gladwin.

Cape Town’s LGBTQ+ community is celebrating the successful bid, while others in the city have criticized it.

Rev. Oscar Bougardt, founder and lead pastor of the Calvary Hope Baptist Church, described WorldPride as “garbage” and “filth” that should be condemned.

“I am happy to say I am amongst the pastors in Cape Town who are in opposition and are outraged at this garbage planned for 2028,” said Bougardt. “The city of Cape Town and LGBTQ+ organizations planned this event without consulting rate payers, this bid was done in secret and taxpayers’ money will be used to fund this filth.”

“Just as the LGBTQ + organizations have the right to host WorldPride 2028, we have the right to say we don’t want it in Cape Town,” he added. “I pray more church leaders will stand up against the planned WorldPride 2028. To church leaders and parents, this is the time to unite and tell the city of Cape Town and LGBTQ+ organizations that we are disgusted at the planned event. Untied we stand and divided we will fall!”

Kaohsiung, Taiwan, in 2022 won the bid to host WorldPride 2025, but the local planning committee withdrew it amid a dispute with InterPride. WorldPride 2025 will take place in D.C. from May 17-June 8, 2025.

The 2024 ILGA World Conference took place last month in Cape Town.

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Uganda

Ugandan court awards $40K to men tortured after arrest for alleged homosexuality

Torture took place in 2020 during COVID-19 lockdown

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(Image by rarrarorro/Bigstock)

A Ugandan court on Nov. 22 awarded more than $40,000 (Shs 150 million) to 20 men who police tortured after their 2020 arrest for alleged homosexuality.

The High Court of Uganda’s Civil Division ruling notes “police and other state authorities” arrested the men in Nkokonjeru, a town in central Uganda, on March 29, 2020, and “allegedly tortured.”

“They assert that on the morning of the said date their residence was invaded by a mob, among which were the respondents, that subjected them to all manner of torture because they were practicing homosexuality,” reads the ruling. “The alleged actions of torture include beating, hitting, burning using a hot piece of firewood, undressing, tying, biding, conducting an anal examination, and inflicting other forms of physical, mental, and psychological violence based on the suspicion that they are homosexuals, an allegation they deny.”

The arrests took place shortly after the Ugandan government imposed a lockdown in response to the COVID-19 pandemic.

“Based on the same suspicion (of homosexuality), the applicants were then arrested, taken to Nkokonjeru B police station, and charged with doing a negligent act likely to spread infection by disease,” reads the ruling.

The ruling notes the men “were charged” on March 31, 2020, and sent to prison, “where they were again allegedly beaten, examined, harassed, and subjected to discrimination.”

Consensual same-sex sexual relations remain criminalized in Uganda.

President Yoweri Museveni in 2023 signed the Anti-Homosexuality Act, which contains a death penalty provision for “aggravated homosexuality.” LGBTQ+ activists continue to challenge the law.

Sexual Minorities Uganda Executive Director Frank Mugisha on X described the Nov. 22 ruling as a “significant victory for the LGBTQ+ community.”

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Nigeria

Four men accused of homosexuality beaten, chased out of Nigerian city

Incident took place in Benin City on Nov. 17

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(Bigstock photo)

Four young men have been beaten and chased out of a Nigerian city after they were found engaging in consensual same-sex sexual activity.

An angry mob paraded the four men, who were only wearing boxing shorts, down Nomayo Street in Benin City, the capital of Edo state, on Nov. 17. One of them had a visible deep cut on his forehead as a result of the beating.

The mob threatened to kill them if they were to return to the city. It also questioned why they were “into” homosexuality when there were many women in the area.

Samson Mikel, a Nigerian LGBTQ+ activist, said the attack was misdirected anger.

“Benin City is one of the backward places in Nigeria and a dorm for scammers and other crimes, the people are proud of their roughness, they are never concerned about these other crimes or how the government is impoverishing them, but will light gay men on fire the moment they think,” said Mikel. “All they want is to live and experience love. They are not the cause of the economic meltdown in the country, neither are they the reason why there are no jobs in the streets of Nigeria.”

Attacks like the one that happened in Benin City have been happening across Nigeria — the latest took place in Port Harcourt in Rivers state last month.

Section 214 of the Criminal Code Act on Unnatural Offenses says any person who has “carnal knowledge of any person against the order of nature, or has carnal knowledge of an animal, or permits a male person to have carnal knowledge of him or her against the order of nature, is guilty of a felony” and could face up to 14 years in prison.

Several LGBTQ+ people and activists have been arrested under Section 214.

In some cases they are murdered with law enforcement officials showing little to no interest in investigating, such as the case of Area Mama, a popular cross-dresser whose body was found along the Katampe-Mabushi Expressway in Abuja, the Nigerian capital, in August.

The Initiative for Equal Rights, a Nigerian advocacy group, said the federal government should take concrete steps to protect the rights of all Nigerians.

“For many, especially LGBTQIA+ individuals, women, and those within the Sexual Orientation Gender Identity, Expression and Sexual Characteristics (SOGIESC), community, freedom remains a distant goal. Discrimination, violence and human rights violations are daily realities,” said TIERs Nigeria. “Despite the progress we have made, the journey towards justice is long, but our voices remain unwavering.”

TIERs Nigeria also called upon the federal government to repeal the Same Sex Marriage (Prohibition) Act 2014, to respond to the African Commission’s recommendation to review laws that criminalize rights of assembly and association, and to enact laws and policies that discourage hate speech and other actions that incite discrimination against LGBTQ+ people.

Many Nigerians vehemently oppose public discussions about LGBTQ+-specific issues because of religious and cultural beliefs.

A number of local and international human rights organizations have advised the federal government to prioritize the rights of everyone in Nigeria, including those who identify as LGBTQ+. There is, however, little hope that Nigerian officials will do this anytime soon.

Consensual same-sex sexual relations remain punishable by death in states with Sharia law. Those who advocate for LGBTQ+ rights in these areas could also face a similar fate.

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Kenya

Kenyan advocacy group uses social initiatives to fight homophobia

INEND made donations to sports teams, launched comic book

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The Initiative for Equality and Non-Discrimination has created a comic strip, "Davii and Oti," to help fight anti-queer discrimination in Kenya. (Screenshot from the Initiative for Equality and Non-Discrimination's website)

A Kenyan queer rights organization has launched a social support initiative to fight endemic homophobic stigma and discrimination in the country.

The Initiative for Equality and Non-Discrimination, which has been training judicial officers on LGBTQ+ rights, is using sports and other social activities to educate the public against anti-queer discrimination.

The Mombasa-based INEND, through its “Advocacy Mtaani” or “Advocacy at the Grassroots” campaign, last month donated soccer jerseys, balls, goalpost nets, and other sporting items to local teams. It also used the platform to educate beneficiaries and the community-at-large on queer rights issues.

The donations followed another one to “boda boda” or “public motorbike riders” on Oct. 29. The Mombasa group received umbrellas to shield drivers and passengers alike from the sun and rain.

“We distributed umbrellas in various ‘boda boda’ stages to equip not only the operators but also to spread the message of inclusion and violence prevention in our endeavor to have the operators become human rights champions in the society,” INEND, headed by Executive Director Essy Adhiambo, stated.     

INEND has also launched a comic strip, “Davii and Oti,” which tells a story about Pride and allyship.

The comic strip series has heterosexual, nonbinary, gay, and lesbian characters to help explore myriad socio-cultural and economic problems that include discrimination and violence that queer people experience in their families, workplaces, social gatherings, and other settings.

“This awesome queer comic focuses on what is often misused as an argument against the LGBTQ+ community in Kenya; family values, African culture, and traditions,” INEND stated.   

The comic strip, which advocates for inclusivity and nondiscrimination based on one’s sex orientation and gender identity, also educates queer people about self-acceptance, resilience, and thriving through economic empowerment.  

INEND has also come up with regional human rights advocacy trainings that focus on misinformation, disinformation, and digital rights. These workshops target women, queer people, and other marginalized groups.

The organization, for example, last month trained groups of women leaders and queer people in the coastal counties of Mombasa and Kilifi. Another one took place in the western county of Busia, which borders Uganda.

“These trainings come in a critical moment when we have witnessed an uptick in online gender-based violence especially towards LGBTQ+ folks,” INEND noted. 

The trainings aimed at creating safe digital spaces for “structurally silenced women and queer persons” are conducted through a partnership between INEND and two global organizations: Access Now, which defends the digital rights of people and communities at risk, and the Association for Progressive Communications, which supports the use of internet and information and communication technology for social justice and sustainable development.   

INEND, after unveiling a judicial guidebook last October to help judges better protect queer people’s rights, has intensified regional training for judicial officers across the country. The organization this month, through its “Access to Justice” initiative, trained judicial officers in Kisumu, Kenya’s third largest city, and in the North Rift region and Kilifi. 

The two-day training that began on Nov. 5 focused on making judicial officers more sensitive to queer people and showing empathy towards sexual and gender minority groups in order to realize a “fairer and more inclusive legal system” that upholds the dignity of all. 

The training followed INEND’s launch of a new report in July titled “Transforming Perceptions” that accesses the impact of their sensitization engagements with 53 judges and magistrates in 2022 on queer rights protection. 

“The results offered a glimpse of hope for a more inclusive justice system,” the report states. “Over 70 percent of judicial officers surveyed after the training acknowledged that existing laws, like Sections 162, 163, and 165 of the penal code which criminalize consensual same-sex intimacy negatively influence societal views of LGBTQ+ Individuals.” 

The report also notes that 80 percent of the judicial officers trained on queer rights issues indicated they would either be comfortable or indifferent living next to a queer person

Pema Kenya is another local advocacy group that is working to make judicial officers more sensitive to queer people when they handle their cases.

The group in September held a two-day training on gender and sexuality issues for members of the Judicial Service Commission, a top governing body of Kenya’s judiciary.

“This initiative aims to equip key stakeholders within the judicial framework with vital knowledge and skills to handle cases related to gender and sexuality with empathy, understanding, and professionalism,” Pema Kenya stated

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Mali

Mali on the verge of criminalizing homosexuality

Country’s Traditional National Council has drafted a new penal code

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(Photo by Rawf8/Bigstock)

Mali’s Transitional National Council on Oct. 31 adopted a draft penal code that would criminalize acts of homosexuality.

Minister Mamoudou Kassogué after the TNC meeting said any person who advocates or engages in same-sex relations will be prosecuted.

“There are provisions in our laws that prohibit homosexuality in Mali,” he said. “Anyone engaging in this practice, promoting or apologizing for it, will be prosecuted. We will not accept that our customs and values ​​are violated by people from elsewhere.”

Nginda Nganga, an African LGBTQ+ rights activist, said the Malian government should not be concerned about other people’s sexual orientation.

“LGBTQI+ people have always existed, and they always will. It’s a human rights issue, and honestly, I have never understood why some are so concerned about others’ personal choices and private lives,” said Nganga. “It’s strange.”

Eugene Djoko, another African rights activist, said deterring and monitoring one’s sexual orientation will not solve the country’s problems.

“According to the minister, anyone who practices, promotes or glorifies homosexuality will be prosecuted, however, restraining personal liberties is not how you will fix the country’s problems,” said Djoko.

Amnesty International in its 2023/2024 report said violence and discrimination against people based on descent remained prevalent in Mali. The report highlighted several killings based on this type of discrimination.

Although Mali does not recognize same-sex marriages, the country’s constitution and penal code does not criminalize consensual same-sex sexual relations or LGBTQ+ identity. The TNC’s Oct. 31 vote, however, will change the situation for the country’s LGBTQ+ community, even though President Assimi Goïta has not approved them.

The LGBTQ+ community before the Oct. 31 vote already faced a lot of stigma, especially from fellow Malians.

Mali is largely an Islamic country, and Sharia law does not tolerate same-sex sexual relations. The majority of Malians view homosexuality as a Western import.

People in some regions who are found to be part of the LGBTQ+ community can face punishments that range from so-called conversion therapy to amputation, flogging, and even death. Many LGBTQ+ Malians and those who advocate on their behalf remain in the closet or work behind closed doors. Some have opted to leave Mali and seek refuge in countries that protect LGBTQ+ rights.

The actual ramifications of Kassogué’s statements as they relate to consensual same-sex sexual relations or LGBTQ+ advocacy in the country remain unclear.

Arrests of LGBTQ+ people or activists on the basis of sexual orientation are rare, but Malian society tends to handle them under the guise of religious and cultural beliefs as opposed to a law enforcement issue. Law enforcement officials cite acts of indecency when they arrest those who identify as LGBTQ+ or activists.

Goïta, for his part, has yet to explicitly make any public comment on LGBTQ+-specific issues. He has, however, often spoke about his support for Islamic and African values.

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Kenya

Kenyan court awards two gay men $31K

Couple subjected to genital examination, given HIV tests after ‘unnatural sex’ arrest

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(Image by Bigstock)

A Kenyan court has awarded two gay men charged with “unnatural sex” for engaging in consensual sexual relations a total of Sh4 million ($31,000) in compensation.

This is after the Magistrates Court in the coastal city of Mombasa ruled the authorities violated the men’s rights in obtaining evidence.

During the arrest, the two men were forcefully subjected to genital examination and HIV tests against their constitutional rights to privacy and the rights of an arrested person, including being allowed to speak with a lawyer.

Section 162 of Kenya’s penal code criminalizes consensual same-sex relations with a 14-year jail term. Prosecutors wanted the court to find the two gay men, who were arrested in 2021, guilty of the offense.

In a ruling issued on Oct. 24, the court, while awarding each of the men Sh2 million ($15,600) in compensation, faulted prosecutors’ unlawful extraction of evidence.

The Center for Minority Rights and Strategic Litigation, a local LGBTQ+ rights organization, last year petitioned the court not to admit the evidence for having been obtained unlawfully, to stop the hearing, and for the accused to be compensated.   

In the petition, CMRSL cited infringement on the gay men’s right to human dignity: A ban on cruel, inhuman, or degrading treatment, the rights to privacy and a fair trial, rights of an arrested person, and violation of their freedom and security as the constitution and international law mandates.

“This provision (Section 162 of the penal code) has historically been used by the State to target and harass LGBTQ+ persons based on their gender identity and sexual orientation,” CMRSL Legal Manager Michael Kioko told the Washington Blade.

The High Court in 2019 declined to decriminalize sections of the penal code that ban homosexuality in response to queer rights organizations’ petition that argued the State cannot criminalize consensual same-sex sexual relations between adults. The constitutionality of laws that criminalize homosexuality is still contested in the appeals court, based on the argument they infringe on the rights to privacy and human dignity.

CMRSL termed the latest ruling “a crucial step toward dignity and human rights for all” while noting that the case was critical in its legal representation efforts to protect the fundamental rights of queer people in Kenya. 

The Oct. 24 decision affirms the Mombasa appeals court’s 2018 ruling that struck down the use of forced anal testing in homosexuality cases by terming it as unlawful. Kenya’s National Gay and Lesbian Human Rights Commission brought the case.

The appeals court verdict stemmed from a 2015 case where police in Mombasa obtained a court order to force two gay men to undergo anal examinations and HIV testing at a local clinic after authorities arrested them and charged them with unnatural sex.

NGLHRC, in challenging the court order, argued forced anal examinations are cruel, inhuman, degrading, and breached local and international medical ethics and human rights. 

The latest ruling exonerating the two gay men from prosecution is among numerous cases in which CMRSL has represented queer people in court to defend and protect LGBTQ+ rights in the country.

The case against a gay man in Mombasa charged with an unnatural act (a same-sex affair) and represented by CMRSL in court saw the matter dropped last September. The court last June acquitted transgender women in Lamu charged with committing gross indecent acts between males against provisions of the penal code.

CMRSL represented the trans women.

The group has deployed community paralegals and field monitors to monitor, document, and report queer rights violations. 

“They (field monitors) work closely with LGBTQ+ community paralegals to link survivors to justice by providing legal support and connecting those to pro bono lawyers and legal aid services,” Kioko said. “On average, our monitors handle around 10 cases each month, ensuring that violations are addressed and survivors receive the necessary legal pathways to seek justice.”  

CMRSL in partnership with several queer lobby groups, is also challenging the Kenya Films Classification Board in court for banning a movie titled “I Am Samuel” on the pretext it contained gay scenes that violate Kenyan law.

The Kenya Films Classification Board in 2018 also banned the “Rafiki” because it contains lesbian-specific content. Petitioners who challenged the ban in court argue the decision violates freedom of expression and other constitutional provisions.

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Kenya

Petition demands Kenyan government stop discriminating against queer asylum seekers

Refugee Affairs Commissioner John Burugu’s recent comments criticized

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Kenyan flag (Photo by rarrarorro/Bigstock)

The queer community in Kenya has condemned the government’s policy of discriminating against LGBTQ asylum seekers, and has launched a petition that challenges it.

The community, through an All Out petition driveaccuses Kenya’s Department of Refugee Services of putting queer asylum seekers at more risk of “persecution, violence, and exploitation” by not recognizing them as afflicted refugees.

The action is in response to Refugee Affairs Commissioner John Burugu’s comments in an interview last month where he said Kenya would not consider persecution based on sexual orientation or gender identity as a direct pass to asylum.

Burugu during a telephone interview said “we are not interested in anyone’s sexual identity,” and his department will not be convinced that persecution based on sexual orientation or gender identity is sufficient grounds for admission as an asylum seeker or refugee.

The Kenya 2021 Refugees Act, which governs Burugu’s department in the admission of refugees and asylum seekers in the country, does not explicitly recognize queer people among vulnerable individuals fleeing persecution. The law only recognizes refugees or asylum seekers as people who are persecuted based on race, religion, nationality, political opinion, or membership of a social group. 

Opposition MP George Kaluma’s proposed anti-homosexuality law also seeks the expulsion of LGBTQ refugees and asylum seekers from Kenya.   

“Decision-makers like the Department of Refugee Services and UNHCR Kenya are failing to uphold international human rights standards while the media and major NGOs remain silent,” reads the petition.

It notes the exclusion of LGBTQ refugees has left the majority of them vulnerable to more trauma and isolation.

They can wait up to a decade for the department to issue a decision on their asylum applications. It typically takes 12 months to process asylum applications in Kenya.

The petitioners note this delay has also increased violence, discrimination, and persecution of queer asylum seekers by the public and government authorities without any legal protection.   

“Historically, Kenya provided refuge for LGBTQ+ people fleeing danger, but the situation has worsened dramatically since 2017,” reads the petition. “From 2017, the government refused to process LGBTQ+ asylum claims, forcing over 400 people to flee to South Sudan in search of safety.”

This change is due to the U.N. Refugee Agency’s handing over the processing of asylum applications in Kenya to the government under the Department of Refugee Services in 2016. 

UNHCR has admitted to slowing the processing of queer asylum seekers’ applications since surrendering the duty to the Kenyan government. It has asked the Department of Refugee Services to resolve the problem.

More than 200 people have signed the petition, which organizers hope to present to Kenyan and international human rights bodies that include UNHCR Kenya, the Department of Refugee Service, the Kenya Human Rights Commission, the National Gay and Lesbian Human Rights Commission, and the Refugee Consortium of Kenya. Other groups include the UNHCR High Commissioner in Geneva, U.N. Secretary-General António Guterres, Amnesty International, the International Organization for Migration, and the Church World Service.     

The petitioners want the bodies to “take immediate action” to protect LGBTQ asylum seekers in Kenya against discrimination and exclusion, noting it not only violates queer peoples’ basic human rights, but disregards Nairobi’s obligations under international law, including the 1951 Refugee Convention.  

“As key decision-makers, you have the power to reverse this exclusion and ensure that the LGBTQ+ asylum seekers are protected from harm and granted the rights they are due,” reads the petition.

There are more than an estimated 1,000 LGBTQ refugees in Kenya. Many queer people — especially from Uganda — continue to flee to Kenya in the wake of the enactment of the country’s Anti-Homosexuality Act in 2023.

The petitioners want queer asylum seekers recognized for admission and their applications expedited like other refugees and their concerns over discrimination and violence addressed.

“The Department of Refugee Services should officially retract the discriminatory statement made by the DRS commissioner, which excluded LGBTQ+ individuals from protection under the refugee mandate,” reads the petition.

The petitioners also want queer people represented in the Global Refugee Forum and the Refugee Working Groups to have their voices heard and needs addressed in global decision-making processes.

The Center for Minority Rights and Strategic Litigation, a Kenyan LGBTQ rights group, described Burugu’s sentiments as “deeply concerning, regrettable, and against the law.”   

CMRSL Legal Manager Michael Kioko told the Washington Blade the organization has received many complaints from queer refugees and asylum seekers about homophobic discrimination and other violations in the country. The Department of Refugee Services and UNHCR Kenya, he said, took no action to address them.

“The DRS commissioner is obligated under Section 21 of the Refugees Act to ensure measures are taken to protect asylum seekers who have been traumatized or require special protection. This includes LGBTIQ+ refugees in Kenya,” Kioko said.

He noted this directive is also in line with the 1951 Geneva Convention on the Status of Refugees to which Kenya is a signatory, and applicable under Article 2(6) of the constitution.

“It is imperative that the Department of Refugee Services adheres to its obligations under the Refugees Act and the Constitution to protect LGBTIQ+ refugees,” Kioko said. “Their safety must be prioritized, especially in light of the increasing violence and discrimination that LGBTIQ+ persons in Kenya are facing.”

Kioko added Kenyan courts have ruled queer people are members of a social group the Refugees Act recognizes for admission as refugees in cases of persecution, and LGBTQ asylum seekers cannot be excluded.

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Uganda

Report: Uganda’s Anti-Homosexuality Act has cost country $1.6 billion

Open for Business released findings on Oct. 10

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(Image by rarrarorro/Bigstock)

Some Ugandan queer rights organizations have asked the government to repeal the country’s Anti-Homosexuality Act that is currently under appeal at the Supreme Court to save the country from huge economic losses.

The organizations, while reacting to a new report that reveals the Anti-Homosexuality Act has cost Uganda up to $1.6 billion since President Yoweri Museveni signed it in May 2023, note the draconian law is not just “regressive” to LGBTQ rights, but also the economy.   

The report that Open for Business, a coalition of leading global organizations that champion LGBTQ inclusion, released on Oct. 10 identifies foreign direct investment, donor aid, trade and tourism, and public health and productivity as major areas that economic losses have impacted.

“Combined losses over five years are projected between $2.3 billion and $8.3 billion,” the report states.

The estimated annual loss breakdown to Uganda’s economy includes $75 million in foreign direct investment, more than $1 billion in donor funding, $312 million in the fight against HIV/AIDS and other public health efforts, $99 million in tourism and $500,000 in trade for tariff payments after the Biden-Harris administration suspended Kampala from the preferential Africa Growth and Opportunity Act.

Other projected annual losses over the next five years because of the Anti-Homosexuality Act are $24 million in labor production because at least 15,000 queer people have fled Uganda, $58 million in national productivity from homophobic stigma and legal repercussions for LGBTQ people, and $500,000 from over-policing and legal costs associated with the law’s enforcement.

The recorded and projected Uganda’s economic losses are attributed to its strained relations with international partners, such as Western countries that imposed sanctions on Kampala over the Anti-Homosexuality Act, and global financiers, such as the World Bank Group that suspended funding.

The Open for Business report notes Kampala’s damaged global relations and funding suspension has impacted Ugandans’ access to antiretroviral therapy because of shortages and medical workers who refuse to treat queer patients because they fear that authorities will punish them.

It also indicates the impact on Uganda’s tourism sector because of the Anti-Homosexuality Act’s negative global perceptions has indirectly affected the hospitality, transport, and retail industries.  

“As the global economy becomes more interconnected and competitive, countries that fail to embrace diversity, and inclusivity are likely to fall behind,” the report states.

The report points out that nearly half of the 49 percent of Ugandans who sought asylum in the UK last year said homophobia prompted them to flee the country. It warns this exodus diminishes Kampala’s growth potential and urges Museveni’s administration to amend or repeal the Anti-Homosexuality Act to restore international confidence in economic support and investment.   

“Uganda continues to enforce the AHA (Anti-Homosexuality Act) without addressing international concerns, leading to severe economic isolation,” the report states.”In this scenario, FDI (foreign direct investment) and donor aid could decline sharply, tourism might collapse, and key partners could impose more trade sanctions.” 

Uganda Minority Shelters Consortium, a local NGO that supports and advocates for the rights of LGBTQ people who are homeless and/or victims of violence, described the report’s findings as “alarming,” and added it shows how the Anti-Homosexuality Act and other anti-LGBTQ policies affect the economy.

UMSC Coordinator John Grace told the Washington Blade that the Ugandan government should heed the report’s warnings and “take immediate action to repeal the AHA in its entirety” and not to hurt the country’s economic development.  

“The economic cost of this discriminatory law is too high and the human rights violations it perpetuates are unacceptable,” Grace said.

Grace also noted the projected exodus of 15,000 LGBTQ people from Uganda because of the Anti-Homosexuality Act would be a “tragic loss” for the country in terms of skilled manpower. 

Let’s Walk Uganda, a local lobby group that openly LGBTQ people lead, also responded to the report, noting its findings add more economic pain to the “ravages of the COVID-19 pandemic.”

“The anxiety within the investment and general business community as a result of the AHA cannot be underestimated,” Let’s Walk Uganda Legal Manager Alex Musiime said. “The ridiculous law should be dropped. The court (Supreme Court) ought to do the right thing and annul this apartheid law.”

Musiime said the World Bank and Uganda’s other international partners and financiers should “intensify dialogue” with Museveni’s government to repeal the Anti-Homosexuality Act to save the vulnerable population from the suffering that the freezing of crucial aid to them has caused.

“The Ugandan government should be moved to commit to respecting the rights of LGBTQ+ persons in the implementation of World Bank projects. It should treat this piece of hate in the AHA as no law at all,” he said.

Both Musiime and Grace applauded the Uganda’s Human Rights Commission’s recent plea for the government to decriminalize consensual same-sex sexual relations. They consider it a “positive step” that should be “followed by concrete actions” to end homophobic discrimination, violence, and harassment.

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Nigeria

Gay couple beaten, paraded in public in Nigeria

Incident took place in Port Harcourt this week

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(Bigstock photo)

A gay couple was beaten and paraded in public this week because of their sexual orientation.

In a video clip shared by Portharcourt Specials on X, the couple who appeared half naked were being insulted and slapped on the back, with one showing trails of blood on his back. The incident took place in Rumuewhara in Port Harcourt.

Although consensual same-sex sexual relations are criminalized in Nigeria and punishable by death on some states, many Nigerians viewed the attack against the couple as distasteful, arguing rapist or pedophiles don’t face the same treatment.

“This is where you will see Nigerians very active on; on matters that don’t concern them because why is someone’s sexual orientation your problem? We are well deserving of politicians that punish us well,” said Rinu Oduala, a human rights activist.

No Hate Network Nigeria, an LGBTQ rights organization, said the couple’s public victimization was a stark reminder of the rampant homophobia in the country.

“The brutal attack on the gay couple is appalling and unacceptable,” said the organization. “It’s a stark reminder of the rampant homophobia and intolerance in Nigeria.” 

“Such violence is often fueled by discriminatory laws, societal norms, and lack of education, this incident highlights the urgent need for increased advocacy, education, and protection for LGBTQI+ individuals,” added No Hate Network Nigeria.

No Hate Network Nigeria also highlighted the plight of LGBTQ people in the country who are constantly under attack due to current laws and cultural and religious norms.

“The LGBTQI+ community in Nigeria faces extreme risks, including violence, harassment, and persecution, the Same-Sex Marriage (Prohibition) Act of 2014 exacerbates these challenges, effectively criminalizing LGBTQI+ individuals,” said No Hate Network Nigeria. “Many live in fear, hiding their identities to avoid persecution, the community requires enhanced support, safe spaces, and robust advocacy to ensure their basic human rights.”

For many LGBTQ people in the country, remaining in the closet is the only way they can preserve their life. They often flee Nigeria if they decide to come out.

There is currently no appetite from any lawmakers to amend or repeal parts of Section 21 of the Criminal Code Act (Penal Code) that are used to arrest, charge, and prosecute those who identify as LGBTQ.

In northern states where Sharia law is practiced, one who is found to identify as LGBTQ or is an advocate may face death by stoning.

Although not widely practiced, death by stoning is the preferred punishment in many of the northern states if a Sharia court finds someone guilty of engaging in consensual same-sex sexual relations. A number of local and international human rights organizations in recent years have condemned this punishment. It is, however, still enforced in some of these states.

No Hate Network Nigeria said amending parts of the Criminal Code Act and repealing the Same Sex (Prohibition) Act might give relief to LGBTQ people in the country.

“Repealing or amending discriminatory laws, like the Same-Sex Marriage (Prohibition) Act, implementing education and awareness campaigns to combat homophobia, establishing safe spaces, and support networks for LGBTQI+ individuals and strengthening law officials’ response to hate crimes as well as holding perpetrators accountable, will aid in averting and combating attacks on LGBTQI+ individuals,” said No Hate Network Nigeria.

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