News
Kenyan LGBT rights activist visits D.C.
Anti-LGBT violence remains pervasive in African nation
Eric Gitari of the National Gay and Lesbian Human Rights Commission of Kenya, center, speaks at Global Rights in D.C. on Oct. 11, 2013. (Washington Blade photo by Michael K. Lavers)
A leading Kenyan LGBT rights activist told the Washington Blade during a recent interview he feels his fellow advocates can learn a lot from their U.S. counterparts.
“They own their agenda and they drive it,” said Eric Gitari, executive director of the National Gay and Lesbian Human Rights Commission of Kenya. “I want to draw lessons on how we can get more people to own this equality agenda.”
Gitari spoke with the Blade after he appeared on a panel with Pastor Joseph Tolton of the Fellowship of Affirming Ministries at Global Rights in Northwest D.C. on Oct. 11. The activist also visited the Human Rights Campaign and Human Rights Watch and spoke at the Howard University School of Law and Columbia University in New York before he left the U.S.
Kenya’s colonial government in 1897 adopted India’s penal code that included the criminalization of same-sex sexual relations.
Those convicted under the law could face up to 14 years in prison, but Gitari noted there has never been what he described as “a successful prosecution” under it. He said during the panel that a coalition of groups that hope to repeal the pre-independence statute hope to implement a strategy similar to that used by those who challenged India’s sodomy law – judges on the Delhi High Court in 2009 found the country’s colonial-era statute unconstitutional.
“They are using parallels from the New Delhi case in India to engage their strategies,” Gitari said.
Gitari also noted homophobia, transphobia and anti-LGBT discrimination and violence remain pervasive in Kenya in spite of a new constitution the country adopted in 2010 that acknowledges human rights, equality and other universal values.
He said “ex-gay” programs remain common in Kenyan schools, and students as early as fifth grade are taught homosexuality is a “social deviance” that is comparable to drug activity and criminality. Gitari further noted a 2012 secondary education certification exam asked high school students to give 10 reasons why Kenyan Christians are “united against homosexuals.”
“This law is informing a lot of public policy positions and attitudes,” he said.
A mob in Mtwapa near the coastal city of Mombasa in 2010 doused four gay men whom they thought were about to attend a same-sex wedding with kerosene.
“This was instigated by religious leaders; religious leaders to the present walk scot free,” Gitari said. “[They] have never, ever been investigated in spite of efforts to push for such an investigation for such hate crimes.”
Kenya is among the 76 countries in which consensual same-sex sexual relations remain illegal. Sudan, Mauritania and a handful of other nations continue to impose the death penalty upon anyone found guilty of homosexuality.
Lawmakers in Uganda, which borders Kenya, have faced widespread criticism over a bill Parliamentarian David Bahati introduced in 2009 that sought to execute those convicted of repeated same-sex sexual acts.
President Obama in June spoke out against the criminalization of homosexuality during a press conference in Senegal, which is among the 38 African countries in which consensual same-sex sexual activity remains illegal.
Gitari noted the majority of Kenyans respect Obama because the president’s father was born in the country, but they criticized him over the comments he made while in Senegal.
“There were attempts by people, by propaganda machines within the conservatives to rob him of his African identity,” Gitari said. “They see Obama as a player in the spreading of that Western agenda of homosexuality.”
Advocates look to courts to expand LGBT rights
Gitari and his group hope to use the courts to gain legal protections for LGBT Kenyans that include the eventual repeal of the country’s sodomy law.
A three-judge panel on the High Court of Kenya in 2010 refused to legally recognize Richard Muasya, an intersex person who suffered abuse inside a maximum security prison. Muasya received 500,000 Kenyan shillings (or nearly $5,900) for the mistreatment inside the facility, but the judges said they found no evidence of anti-LGBT discrimination and human rights violations in the country.
The Kenyan Human Rights Commission in 2011 published a report that documented anti-LGBT discrimination. The Kenyan National Commission on Human Rights the following year released a second report that found widespread anti-LGBT discrimination in the country’s health care system.
The High Court of Kenya in June ruled in favor of a transgender woman who claimed police officers in a town outside of Nairobi, the country’s capital, stripped her naked in front of local reporters to determine her gender after they arrested her for assault in 2011. She also accused the officers of groping her breasts during the incident.
Gitari’s group also continues to seek formal recognition in the country.
“Our roadmap is informed by incremental litigation,” Gitari said.
Gitari traveled to D.C. less than a month after members of the Somali terrorist organization al-Shabab killed more than 60 people at a shopping mall in the Kenyan capital of Nairobi.
The East Africa Center for Law and Justice, which the American Center for Law and Justice that anti-gay televangelist Pat Robertson founded in 1990, is among the groups that continue to pose significant barriers to LGBT-specific advances in Kenya. In spite of this resistance, Gitari told the Blade he has not seen any homophobic rhetoric as a result of last month’s attack.
“The good thing that has emerged from it is that Kenyans are beginning to see that teaching extremism and using religion to justify hatred is no longer the way,” Gitari said. “It’s costing innocent lives and it’s not rational in a civilized world anymore.”
Congress
Bill seeks to block global gag rule expansion
Policy now bans US foreign aid to groups promoting ‘gender ideology’
Lawmakers on Wednesday introduced a bill that would block the expansion of the global gag rule.
President Ronald Reagan in 1985 implemented the global gag rule, also known as the “Mexico City” policy, which bans U.S. foreign aid for groups that support abortion and/or offer abortion-related services.
Trump reinstated the rule during his first administration. The Biden-Harris administration shortly after it took office in 2021 rescinded it.
The Trump-Vance administration earlier this year expanded the global gag rule to ban U.S. foreign aid for groups that promote “gender ideology.” The expansion took effect on Feb. 26.
U.S. Sens. Jeanne Shaheen (D-N.H.) and Jacky Rosen (D-Nev.) introduced the Protecting Human Rights and Public Health in Foreign Assistance Act in the U.S. Senate. U.S. Reps. Grace Meng (D-N.Y.), Lois Frankel (D-Fla.), Diana DeGette (D-Colo.), Pramila Jayapal (D-Wash.), Sara Jacobs (D-Calif.), and Gregory Meeks (D-N.Y.) introduced it in the U.S. House of Representatives.
“Using taxpayer money to export the Trump administration’s anti-trans, anti-science, and anti-abortion ideological agenda isn’t just immoral — it’s antithetical to efficient, effective, and rights-based foreign assistance,” said Council for Global Equality Senior Policy Fellow Beirne Roose-Snyder on Wednesday in a press release.
Meng in a Congressional Equality Caucus press release added the Trump-Vance administration’s “crusade against healthcare and global aid is putting millions of lives at risk worldwide.”
“No one will flourish under the new expanded global gag rule,” said the New York Democrat. “These policies weaponize foreign aid and will result in greater harm, particularly for women and girls, marginalized communities, and LGBTQI+ individuals.”
“They should never have been implemented at all, let alone without even a basic public comment process,” she added. “This legislation will reverse these dangerous policies.”
District of Columbia
Both sides propose revised orders in Capital Pride stalking case
Defendant Darren Pasha agreed to accept less restrictive directive
An evidentiary hearing in D.C. Superior Court on April 29 in which the Capital Pride Alliance presented three of four planned witnesses to testify in support of its civil complaint that D.C. gay activist Darren Pasha engaged in a year-long effort to harass, intimidate, and stalk its staff, board members, and volunteers ended abruptly at the direction of the judge.
Judge Robert D. Okun announced from the bench that the hearing, which was intended provide Capital Pride an opportunity to present evidence in support of its request to reinstate an anti-stalking order against Pasha that the judge temporarily rescinded on April 17, was no longer needed because Pasha stated at the hearing that he is willing to accept a revised, less restrictive temporary restraining order.
Pasha made that statement after two Capital Pride witnesses — June Crenshaw and Vincenzo Volpe — each testified in support of the stalking allegations against Pasha for over an hour under questioning from Capital Pride attorney Nick Harrison and under cross-examination from Pasha, who is representing himself without an attorney.
After Capital Pride’s third witness, Tifany Royster, testified for just a few minutes, and after the judge called a recess for lunch and to attend to an unrelated case, Pasha announced that after obtaining legal advice he determined that he was unsuited to continue cross-examining the witnesses. He said he would be willing to accept a significantly less restrictive temporary restraining order.
Okun then ruled that the evidentiary hearing was no longer needed and directed Capital Pride and Pasha to submit to him their version of a revised stay away order. He said he would use their proposed revisions to help him develop his own order, which he would issue after deliberating over the matter.
He also scheduled a mandatory remote mediation session for July 23, in which efforts would be made to resolve the case without going to trial. He then adjourned the hearing at 3:50 p.m.
The online Superior Court docket for the case stated after the hearing ended that the judge would issue “a new modified Temporary Protective Order,” but it did not say when it would be issued.
Shortly before the April 29 hearing began at 11 a.m., Harrison filed a “Draft Temporary Anti-Stalking Order” that included a list of 34 “Protected Persons” that Harrison said during the hearing were affiliated with Capital Pride Alliance as staff and board members, volunteers, and others associated with the group.
The proposed order stated, “The defendant shall not contact, attempt to contact, harass, threaten, or otherwise communicate with any protected person, directly or indirectly, including through third parties, social media, electronic communications, or any other means.”
The proposal represented a significant change from Capital Pride’s initial civil complaint against Pasha filed in February that Pasha claimed called for him to stay away at least 200 yards from all Capital pride staff, board members, and volunteers without naming them. Okun granted that stay away request in February but reduced the stay away distance to 100 feet.
Capital Pride attorney Harrison disputes Pasha’s interpretation of the order, saying the 100-foot stay-away was for events, not for individual Capital Pride staff, volunteers, or board members. He said the order prohibited Pasha from engaging in any way with the Capital Pride staffers, volunteers or board members.
But the proposed order Capital Pride at first submitted at the April 29 hearing also called for Pasha to stay away from and to not attend as many as 25 Capital Pride events scheduled to take place this year from April 30 through June 21 and for him to say away from the Capital Pride office located at 1827 Wiltberger St., N.W., which is the building in which it shares with the DC LGBTQ Community Center.
At the April 29 hearing, at Pasha’s request, Okun called on Capital Pride to consider allowing Pasha to attend at least the two largest events — the Capital Pride Parade and Festival — which draw over 500,000 participants.
Harrison said in a follow-up message to the judge following the hearing that Capital Pride would allow Pasha to attend those two events and one other as long as he stays away from “ticketed and controlled access areas.”
At an April 17 status hearing Okun rescinded the earlier stay away order at Pasha’s request, among other things, on grounds that it was too vague and didn’t provide Pasha with sufficient specific information on who to stay away from. It was at that hearing that Okun scheduled the April 29 evidentiary hearing, saying it would give Capital Pride a chance to provide sufficient evidence to justify an anti-stalking order and Pasha an opportunity to challenge the evidence.
In his own response to the initial civil complaint filed in February and in subsequent court filings, Pasha has strongly denied he engaged in stalking and has alleged that the complaint was a form of retaliation against him over a dispute he has had with Capital Pride and its former board president, Ashley Smith.
Like its initial complaint filed in February, Capital Pride filed a multipage document at the start of the April 29 hearing with written testimony from staff members and volunteers who allege that Pasha did engage in stalking, harassment, and intimidating behavior toward them and others.
Like Capital Pride, Pasha following the April 29 hearing, filed his own proposed version of the stay away order with significantly less restrictions than the Capital Pride proposal. Among other things, it calls for him to restrict his contact with Capital Pride CEO Ryan Bos and Crenshaw but says it “does not by its terms restrict the defendant’s communications with any other person, entity, governmental body, or media outlet.”
“Darren Pasha sent multiple messages to us and to the court after the proceedings asking for further modifications — which we are not accepting or responding to,” Harrison told the Blade in response to a request for further comment on Judge’s request for each side to submit proposed revisions of the stay away order.
“We appreciate the court’s time and careful attention to the evidence presented today,” Harrison told the Washington Blade in a written statement after the hearing. “This process was about bringing forward the experiences of individuals who reported a pattern of conduct that caused fear, serious alarm, and emotional distress,” he said.
“Capital Pride Alliance remains committed to ensuring that our events and community spaces are safe, welcoming, and free from harassment and we will continue to take appropriate steps to support and protect our community,” his statement says.
“I am happy with what we have accomplished so far,” Pasha told the Blade after the hearing. “I’m just waiting to see what will happen next. But I want to reiterate this goes back to when someone treats you wrong you speak up,” he said. “Even if I lose this case, I am glad that I spoke up and raised concerns.”
He added, “I will just be confident that in the next couple of months the truth will come out. But for now, I am happy with the progress that we have made regarding this.”
This story will be updated when the judge issues his revised stay away order.
European Union
European Parliament backs EU-wide conversion therapy ban
More than 1.2 million people backed campaign
The European Parliament on Wednesday voted in favor of banning so-called conversion therapy across the European Union.
ACT (Against Conversion Therapy) LGBT in 2024 launched a campaign in support of the ban through the EU’s European Citizens Initiative framework. More than 1.2 million people ultimately signed it.
The proposed ban had the support of 405 MEPs. The European Commission is expected to formally respond to it by May 18.
Seven EU countries — Belgium, Cyprus, France, Malta, Norway, Portugal, and Spain — have banned conversion therapy outright.
Greece in 2022 banned the practice for minors. German lawmakers in 2020 passed a law that prohibits conversion therapy for minors and for adults who have not consented to undergoing the widely discredited practice.
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