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State Department urges Ghana to protect LGBTQ rights after activists arrest

Workshop attendees taken into custody after ‘unlawful assembly’

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The State Department on Monday expressed concern over the arrest of 21 LGBTQ activists in Ghana.

Ghananian police on May 20 arrested the activists in the city of Ho. A State Department spokesperson in their statement said the U.S. “promotes efforts worldwide to protect LGBTQI+ populations from violence and abuse, criminalization, discrimination, and stigma, and to empower local movements and persons seeking to advance the rights of LGBTQI+ persons.”

The spokesperson proceeded to say that the situation in Ghana is on the State Department’s radar and called upon the country’s national leaders and citizens to support and preserve the human rights of LGBTQ Ghanaians. 

“We are monitoring the situation closely,” said the spokesperson. “We urge national leaders in Ghana to uphold constitutional human rights protections and to adhere to international human rights obligations and commitments for all individuals. This includes members of the LGBTQI+ community.” 

“We call on all Ghanaians to respect the provisions under Ghana’s constitution that guarantee freedom of speech, expression, and peaceful assembly.”

What caused the arrests?

A training for activists and paralegals on how to advocate for LGBTQ Ghanaians and record any infringements of their human rights took place on May 20. Someone tipped off the authorities, and they arrested event detainees.

Alex Kofi Donkor, founder and director of LGBT+ Rights Ghana, told The Guardian that “the [event] was to train them on paralegal services for vulnerable groups – how we can document issues of abuse, and how best these trained paralegals can provide support.” 

Authorities deemed the event an “unlawful assembly,” and they immediately arrested 16 men and five women. All were denied bail and are due to appear before a judge on June 4. 

Rightify Ghana, a Ghanaian human rights group, in a series of tweets said journalists teamed up with the Ghanaian police when they descended on the event, and took people’s belongings.

“Journalists were the first to storm the place, started taking photos, took their notepads, flip charts, puller banner, books, then locked them while calling the police. The worried victims started crying for help, but today a judge has remanded the 21 queer persons #ReleaseThe21,” said Rightify Ghana. 

Rightify Ghana further expressed their disappointment with the Ghanaian media’s actions as it is an entity that has fervently advocated for freedom of press in the West African nation. 

“Ghanaian media, which has for decades been advocating for press freedom in Ghana, are enablers in the promotion of hate and discrimination against minority groups in the country, especially sexual minorities. No wonder Ghana is here,” said Rightify Ghana. 

The activists’ arrest last week in Ho is the latest of a series of anti-LGBTQ events that have taken place in Ghana.

Ghanaian police officers earlier this year raided and shut down an LGBTQ center.

This action prompted Black celebrities in the West to urge President Nana Akufo-Addo in an open letter to work with LGBTQ community leaders. Some of the celebrities included actor Idris Elba, model Naomi Campbell, and British Vogue Editor-in-Chief Edward Enninful.

In reaction to the recent arrests, prominent human rights groups have expressed their disapproval of LGBTQ human rights abuses in Ghana.

“The arrest of LGBTIQ people holding a lawful, private gathering about protecting and supporting LGBTIQ people in Ghana is shocking, and unacceptable,” said OutRight Action International Executive Director Jessica Stern. “The basic human rights to freedom of assembly and association, enshrined in the country’s constitution, should not be limited by anti-LGBTIQ opinions of bystanders or the police.”

“Those detained should be released immediately, and an investigation into how such a blatant violation of rights could take place has to be held,” added Stern.

“I am deeply saddened that the Ghana police can act on false alarm to arrest and detain innocent citizens,” added Davis Mac-Iyalla, executive director of Interfaith Diversity Network of West Africa. “The human rights defenders arrested and jailed did nothing unlawful, they were exercising their freedom of assembly and association.”

Mac-Iyalla in his statement said “this illegal arrest is a reflection of the high level of discrimination against minorities in Ghana.” 

“I call on the government to condemn the arrest and order the release of the human rights defenders,” added Mac-Iyalla. “I also call on religious leaders and all civil society locally and internationally to add their voices to this call.”

Michael K. Lavers contributed to this story.

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Africa

Eswatini government refuses to allow LGBTQ rights group to legally register

Supreme Court previously ruled in favor of Eswatini Sexual and Gender Minorities

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Members of the Eswatini Sexual and Gender Minorities, an LGBTQ and intersex rights group, after the Eswatini Supreme Court on May 5, 2023, heard arguments in their case in support of legally registering in the country. (Photo courtesy of Eswatini Sexual and Gender Minorities)

The Eswatini Commerce, Industry and Trade Ministry this week said it will not allow an LGBTQ rights group to register.

The country’s Supreme Court in June ruled the government must allow Eswatini Sexual and Gender Minorities to register.

The Registrar of Companies in 2019 denied the group’s request. Eswatini Sexual and Gender Minorities the following year petitioned the Supreme Court to hear their case. The Supreme Court initially ruled against the group, but it appealed the decision.

“[The] Minister of Commerce and Trade refuses to register ESGM citing the ‘Roman Dutch Law,'” said Eswatini Sexual and Gender Minorities on Thursday in a tweet to its X account. “This was after the Supreme Court ruled unanimously that the refusal to register ESGM by the registrar was unconstitutional.”

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Pakistan resumes issuing ID cards to transgender people

Federal Shariat Court in June ruled against trans rights law

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Kami Sid (Courtesy photo)

Pakistani authorities have resumed the registration of transgender people and issuing identity cards to them after the Supreme Court’s Sharia Appellate Bench on Sept. 25 ruled on the issue.

An Islamic court on June 13 ordered all data acquisition units to halt the registration of trans people and to issue identity cards only to males or females. 

The Supreme Court in 2009 extended civil rights to the trans community. Pakistani MPs in 2018 passed a historic law, the Transgender Persons (Protection of Rights) Act, that guaranteed all the rights available for all citizens to trans people, and prohibited any discrimination based on gender identity.

Jamiat-e-Islami, Jamiat Ulema-e-Islam and Tehreek Labbaik Pakistan and several other Pakistani religious political parties in 2022 raised objections to the law, stating it was un-Islamic. 

The Federal Shariat Court in May struck down three sections of the Transgender Persons (Protection of Rights) Act and said Islamic teachings do not allow anyone to change their gender at their will. The court also said gender assigned at birth shall remain intact. 

The Islamic court’s June 13 verdict prohibited any new registration for an identity card with an X gender marker or update an older one. The National Database and Registration Authority after the ruling issued that halted the registration of trans people. Individuals in Pakistan need ID cards to open bank accounts, seek legal aid, report a crime to the police, ask for medical help and receive a passport. 

NADRA is an independent agency that regulates the government database and registration of sensitive information of citizens. The Federal Shariat Court is a constitutional Islamic court that scrutinizes and determines if laws made in Parliament comply with Sharia laws.

Nayyab Ali, a trans rights activist in Pakistan, during a telephone interview with the Washington Blade said the court’s voting bloc is based on religious elements. She also said right-wing political parties target trans Pakistanis when they do not get publicity.

“Right-wing political parties picked up the transgender issues in Parliament, and started hate speeches on transgender laws,” said Ali. “There is also a divide in the transgender community in Pakistan. Some transgender factions also support right-wing political parties to strengthen their agenda. People inside the government came from the grassroots level of society. Society has an extreme level of phobia and stigma for the transgender population, so when they come to power, they make policies that are against the transgender community.”

Ali told the Blade that former Prime Minister Imran Khan introduced an “Islamic utopia” in Pakistan and implemented an Islamization policy in his day-to-day politics, which created more hatred against trans community and affected society at large. 

Ali on X, formerly known as Twitter, praised the decision that allowed the resumption of issuing ID cards to trans people. Documents the Blade obtained indicate she is one of those who challenged the Federal Shariat Court’s decision.

Kami Sid, a trans activist and executive director of Sub Rang Society, a Pakistan-based LGBTQ rights organization, said the community is happy and quite hopeful for a better future.

“First we as a community were very much worried about the Federal Shariat Court’s decision,” said Sid. “But after several advocacy and meetings we are quite hopeful for the fight against the Federal Shariat Court decision, and now quite relaxed as a transgender activist, I must say the community is happy.”

Kami, like Ali, also challenged the Federal Shariat Court’s decision.

Kami told the Blade conservative parties over the last few years have become more willing to promote an agenda that opposes rights for women, children and trans people. 

“Transgender rights are human rights,” said Kami. “That is why the previous government refrained from commenting on the Shariah Court ruling out of fear of the right-wing parties and because transgender people are not a top priority.”

Kami said the Pakistani government has faced several obstacles this year regarding the U.N. Human Rights Council’s Universal Periodic Review.

Foreign Minister Jalil Abbas Jilani attended the annual UPR meeting in Geneva in January and received approximately 354 human rights-specific recommendations.

Iside Over, an online news website, reports Pakistan may not get an extension over the European Union’s Preferential Trade Arrangement over its failure to improve its human rights record, among other reasons. Kami told the Blade the Generalized System of Preference, or GSP, from the EU has put pressure on the Pakistani government to address human rights-specific issues.

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

TikTok in talks with Kenyan government to stop LGBTQ-specific content

Official says ‘draft framework’ will be ready by end of this month

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(Public domain photo)

TikTok is the latest global digital video platform to enter talks with the Kenyan government to stop access to LGBTQ-specific videos and other content prohibited under the country’s laws.  

TikTok, a popular short-form mobile video-streaming platform, is currently in joint talks with government officials to develop a framework for censoring such content classified under the “restricted category.”  

“A draft framework of the content regulation is being worked on by a joint team and it will be ready by the end of this month. The larger regulatory framework will address specific content like LGBTQ, explicit and terrorism materials shared on TikTok,” an official who is familiar with the discussions told the Washington Blade.

The joint team is compelled to develop the framework to regulate TikTok users who enjoy full control of videos they share on the platform without the service providers’ prior approval, unlike Netflix and other movie streaming platforms that readily classify content for users.

Consensual same-sex sexual relations are criminalized under Section 165 of Kenya’s penal code.     

The move to regulate TikTok content arises from a petitioner who wrote to the National Assembly last month demanding the country ban the social media platform for promoting what he deemed harmful and inappropriate content. 

The petitioner, Bob Ndolo, an executive officer for Briget Connect Consultancy, cited violence, explicit sexual videos, hate speech, vulgar language and offensive behavior as content with a “serious threat to cultural and religious values of Kenya” shared on TikTok. 

The petition ignited an uproar among Kenyans, particularly TikTok users who make a living from their videos through monetization. 

They asked the government not to ban the platform, but instead enact a regulatory framework to stop inappropriate content. This request prompted President William Ruto and several senior government officials to convene a virtual meeting with TikTok CEO Shou Zi Chew on Aug. 24 over content regulation under Kenya’s guidelines and monetization.  

Chew during the meeting committed to “moderate content to fit community standards” by removing inappropriate or offensive content from TikTok and pledged to set up an office in Nairobi to serve the African continent.   

The virtual meeting was followed by another physical one at State House between Ruto and TikTok Africa Director Fortune Sibanda on Sept. 2, where it was announced that the social platform is set to launch a national training program to empower its users on creating and promoting so-called positive content. 

TikTok has already stopped monetization for users sharing inappropriate or restricted content and deactivated their accounts as efforts to draft the regulatory work continue.

“A joint artificial intelligence tool is being used in the meantime to detect offensive content for removal and the accounts brought down,” stated the official. “It has significantly reduced inappropriate content for the last few weeks since Kenya and TikTok started engaging.”

The latest Reuters Institute Digital News Report released in June revealed that Kenya leads the world in TikTok usage with an astounding 54 percent share of global consumption. Thailand and South Africa follow with 51 percent and 50 percent respectively.   

The Kenya Film Classification Board, the country’s film regulator, signed an agreement with Netflix in February this year to stop the streaming of LGBTQ-specific movies. The regulatory body is part of the ongoing talks with TikTok. 

The KFCB is also yet to finalize its talks with Showmax and two local video-on-demand platforms to stop the streaming of LGBTQ-specific movies.    

The regulatory body derives its powers from the Films and Stage Act that regulates the exhibition, distribution, possession or broadcasting of content to the public. 

The ever-changing digital technologies that include TikTok and other social media platforms have prompted the KFCB to reconsider its regulatory framework by coming up with new measures. 

One such proposal, dubbed the Kenya Film Bill, would empower the KFCB to classify and regulate content in this digital era to stop ones that go against government-mandated standards. 

The Information, Communication and Technology Ministry last week appointed a special team to look into existing laws and recommend policy and regulatory framework for the digital platforms. The ministry’s senior officials, including Assistant Minister John Tanui, are also taking part in the talks with TikTok.

The ministry’s newly unveiled panel will also ask whether the Kenya Film Bill can be enacted independently or combined with new legislative proposals.  

The regulation of TikTok content in Kenya comes amid the anticipated introduction of the Family Protection Bill in the National Assembly that would criminalize any form of promotion of LGBTQ activities with harsh punishment of at least 10 years in jail or not less than a $67,000 fine or both.     

TikTok in April 2022 suspended the Human Rights Campaign, the largest LGBTQ rights group in the U.S., for a couple of days after it included the word “gay” in a reel against Florida’s ‘Don’t Say Gay’ law. The company determined the post violated “community guidelines.”

A British lawmaker criticized TikTok in September 2019 over reports that it censored LGBTQ-specific content, such as two men kissing or holding hands, and artificially prevented LGBTQ users’ posts from going viral in some countries.

Theo Bertram, TikTok’s director of public policy in Europe, the Middle East and Africa, apologized to the British parliamentary committee and confirmed the company only removes such LGBTQ-specific content if law enforcement agencies in countries of operation request it.

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