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Report documents anti-LGBT discrimination, violence in Africa

Amnesty International highlights abuses ahead of Obama’s trip to continent

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Uganda, Kill the Gays bill, gay news, Washington Blade

Uganda, Kill the Gays bill, gay news, Washington Blade

Protesters gather outside the Ugandan embassy in Northwest D.C. in December 2012 to protest the country’s “Kill the Gays” bill. (Washington Blade photo by Michael Key)

Amnesty International on Monday issued a report that documents increased anti-LGBT discrimination and violence in Africa.

The report — “Making Love a Crime: Criminalization of Same-Sex Conduct in Sub-Saharan Africa — notes 38 African countries continue to criminalize consensual same-sex conduct. These include South Sudan, Liberia and Burundi.

The Nigeria House of Representatives late last month passed a measure that would criminalize what Reuters described as same-sex “amorous relationships” and marriages and memberships in a gay rights group. Those convicted under the proposal that President Goodluck Jonathan has yet to sign into law would face up to 14 years in prison.

Mauritania, Sudan and portions of northern Nigeria and Sudan impose the death penalty upon anyone found guilty of consensual same-sex sexual acts. Ugandan lawmakers have faced criticism over the so-called “Kill the Gays” bill that would impose the death penalty upon anyone convicted of repeated same-sex sexual acts.

The Amnesty International report further notes at least seven LGBT South Africans were murdered between June-Nov. 2012 because of their sexual orientation or gender identity and expression.

It also documents police officers in Cameroon who subjected those they detained under the country’s anti-homosexuality law to forced anal exams. Michel Togué, a lawyer who advocates on behalf of gay Cameroonians, discussed these and other human rights abuses during an interview with the Washington Blade earlier this year in D.C.

“Gay people are not seeking everyone to approve of their behavior,” he said. “They are seeking freedom.”

Widney Brown, director of law and policy for Amnesty International, stressed African governments have a responsibility to protect the rights of their LGBT citizens.

“These attacks — sometimes deadly — must be stopped,” Brown said. “No one should be beaten or killed because of who they are attracted to or intimately involved with.”

Amnesty International released its report less than two days before President Obama is scheduled to leave D.C. for a week-long trip to Africa that will include stops in Senegal, South Africa and Tanzania.

The White House and the State Department have repeatedly spoken out against Uganda’s anti-homosexuality bill.

Secretary of State John Kerry last week responded to a question during Gays and Lesbians in Foreign Affairs Agencies (GLIFAA)’s annual Pride event in Foggy Bottom about “a marked increase in anti-gay legislation and homophobic statements” by government officials and religious leaders in Nigeria, Uganda and other countries. The State Department in August 2012 criticized the Zimbabwean government after police arrested dozens of activists inside the offices of Gays and Lesbians of Zimbabwe (GALZ,) an LGBT rights organization, in Harare, the country’s capital.

“When they raid our offices they think they are going to find pornographic materials,” a GALZ member told the Blade during an exclusive interview earlier this year in D.C. “When they come in there, they find it is a resource center. People are busy working.”

The Obama administration and British Prime Minister David Cameron have both suggested the allocation of international aid should hinge upon a country’s record on LGBT rights.

Amnesty International cites progress on LGBT issues in Africa

In spite of the continued human rights abuses against LGBT Africans, Amnesty International’s report notes progress in many countries across the continent.

Cape Verde, Mauritius, São Tomé and Príncipe and the Seychelles have decriminalized homosexuality over the last decade. Botswana and Mozambique are among the African countries that have banned anti-gay employment discrimination in recent years.

Same-sex couples have been able to marry in South Africa since 2006.

African countries have responsibility to ‘protect, not prosecute’

The Amnesty International report contains a number of recommendations on how it feels African governments can eliminate discrimination and violence against their LGBT citizens. These include repealing laws that criminalize or “otherwise impose punitive sanctions on consensual same-sex conduct,” abolishing the death penalty and eliminating anti-LGBT discrimination in the judicial system.

“As the chorus for recognition grows stronger and stronger, African states have to stop denying that homophobia is a human rights issue and recognize that LGBTI rights are an integral part of the human rights struggle,” Brown said. “It is their responsibility to protect, not persecute.”

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European Union

Activists demand EU sanction Uganda over Anti-Homosexuality Act

Yoweri Museveni signed law on May 29, 2023

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Hillary Innocent Taylor Seguya, an LGBTQ rights activist, speaks at a protest in front of the European Union Delegation to the United States’s offices in D.C. on April 18, 2024. (Washington Blade photo by Michael K. Lavers)

More than a dozen activists who protested in front of the European Union Delegation to the United States in D.C. on Thursday demanded the EU to sanction Uganda over the country’s Anti-Homosexuality Act.

Hillary Innocent Taylor Seguya, a Ugandan LGBTQ activist, and Global Black Gay Men Connect Executive Director Micheal Ighodaro are among those who spoke at the protest. Health GAP Executive Director Asia Russell also participated in the event that her organization organized along with GBGMC and Convening for Equality Uganda, a Ugandan LGBTQ rights group.

(Washington blade video by michael k. lavers)

Ugandan President Yoweri Museveni last May signed the Anti-Homosexuality Act that, among other things, contains a death penalty provision for “aggravated homosexuality.”

The country’s Constitutional Court on April 3 refused to “nullify the Anti-Homosexuality Act in its totality.” A group of Ugandan LGBTQ activists have appealed the ruling.

A press release that Health GAP issued ahead of Thursday’s protest notes EU Commissioner for International Partnerships Jutta Urpilainen on March 6 announced more than €200 million ($212.87 million) for Uganda in support of “small business owners, young female entrepreneurs, agribusinesses as well as vital digital infrastructure projects in full Team Europe format with the European Investment Bank (EIB) and several member states.”

“These concrete initiatives will make a difference to aspiring entrepreneurs, Ugandan businesses and create jobs in multiple sectors,” said Urpilainen in a press release that announced the funds. “This is a perfect example of how Global Gateway can make a tangible difference for citizens and businesses and unlock the full potential of a partner country by working together.”

Convening for Equality Uganda on Tuesday in a letter they sent to Urpilainen asked the EU to review all funding to Uganda and “pause or reprogram any funds that go via government entities.” The protesters on Thursday also demanded European Commission President Ursula von der Leyen “to hold Ugandan President Museveni’s government accountable for this attack on human rights.”

Josep Borrell, the EU’s top diplomat, in a statement he released after Museveni signed the Anti-Homosexuality Act said the law “is contrary to international human rights law and to Uganda’s obligations under the African Charter on Human and People’s Rights, including commitments on dignity and nondiscrimination, and the prohibition of cruel, inhuman or degrading punishment.”

“The Ugandan government has an obligation to protect all of its citizens and uphold their basic rights,” said Borrell. “Failure to do so will undermine relationships with international partners.”

“The European Union will continue to engage with the Ugandan authorities and civil society to ensure that all individuals, regardless of their sexual orientation and gender identity, are treated equally, with dignity and respect,” he added.

Urpilainen last September in a letter to the European Parliament said the EU would not suspend aid to Uganda over the law.

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India

Indian political parties for the first time include LGBTQ rights in election platforms

Voters will begin to cast ballots on April 19

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(Photo by Rahul Sapra via Bigstock)

The world’s largest democratic exercise will begin in India on April 19 as citizens begin to cast their votes in the country’s election.

This year’s election is different because national level political parties for the first time are promising to extend marriage rights to same-sex couples as part of their election platforms. 

The Indian National Congress, one of India’s oldest political parties, promised after wide consultation that it would introduce a bill that would recognize civil unions between couples who are part of the LGBTQ community. The party, which has governed India for the majority of the period since independence from the U.K. in 1947, has refrained from taking a stance on laws that include Section 377, which criminalized consensual same-sex sexual relations.

Then-Health Minister Gulam Nabi Azad in 2011 when the INC was in power said homosexuality is a disease. He made the controversial comment while speaking at an HIV/AIDS conference in New Delhi, the Indian capital.

“Unfortunately, this disease has come to our country too,” said Azad. “Where a man has sex with another man, which is completely unnatural and should not happen but does.”

When the Delhi High Court was hearing the Naz Foundation case, the Home Affairs Ministry opposed the striking down of Section 377 based on its belief that homosexuality cannot be morally condoned. The INC never struck down Section 377, which criminalized homosexuality, in parliament.

A 5-judge panel on the Supreme Court on Sept. 6, 2018, decriminalized consensual same-sex sexual relations.

The Communist Party of India (Marxist) on April 4 unveiled its platform with a range of socialist commitments, including support for LGBTQ rights. Among these pledges is to amend the Transgender Persons (Protection of Rights) Act 2019 to address community concerns and ensure legal recognition and protection for same-sex couples akin to marriage. 

The platform also outlined plans to introduce a bill similar to the Special Marriage Act of 1954, which allows partners to be listed as dependents and facilitating like inheritance, alimony in the event of divorce and other issues. The party further pledged to enact a comprehensive anti-discriminatory bill that would include LGBTQ people, ensure quotas in educational institutions and implement horizontal reservations in employment. 

Addressing the issue of crimes against LGBTQ people, the platform promised to treat such offenses on par with crimes against heterosexuals. The platform also calls for tackling bullying, violence and harassment of gender non-conforming and LGBTQ people in educational settings, enforcing anti-hazing policies and combating hazing based on sexual orientation and gender identity. 

The platform further touched issues related to transition and informed consent.

The Special Marriage Act of 1954 is a law that provides for civil unions among Indians and Indian nationals who live abroad, regardless of the religion or faith followed by either party. This law enables people from two different religious backgrounds to enter into marriage. Parliament in 2019 passed the Transgender Persons (Protection of Rights) Act that extended rights to trans people.

Brinda Karat, a former member of the Rajya Sabha, the upper house of the Indian Parliament, and leader of the Communist Party of India (Marxist), spoke with the Washington Blade and said the current government has homophobic ideas that are not acceptable to the party.

The ruling government under Prime Minister Narendra Modi is striving to secure more than 400 parliament seats in the upcoming election, aiming for a substantial majority. 

Various polls conducted by Indian news organizations indicate a probable victory for the ruling Bharatiya Janata Party. In response to the BJP’s dominance, Congress and several national and regional parties have joined forces as the Indian National Developmental Inclusive Alliance. 

This alliance comprises 26 opposition political parties. Despite its formation, however, there is no clear coalition strategy in place and only two parties have included LGBTQ-specific policies in their election platforms. 

The Blade reached out to Congress’ spokesperson for comment, but has not received a response. The BJP also did not respond to a request for comment.

The party has yet to release its election platform. 

Ankush Kumar is a reporter who has covered many stories for Washington and Los Angeles Blades from Iran, India and Singapore. He recently reported for the Daily Beast. He can be reached at [email protected]. He is on Twitter at @mohitkopinion. 

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Africa

Ugandan activists appeal ruling that upheld Anti-Homosexuality Act

Country’s Constitutional Court refused to ‘nullify’ law

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(Image by rarrarorro/Bigstock)

Twenty-two 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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