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Uganda’s LGBTQ community remains a target

Police in May arrested 44 people at Kampala party

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Ugandan refugees, gay news, Washington Blade
LGBTQ activists gather in Kampala, Uganda, before a Pride event in 2015. LGBTQ Ugandans remain a target, despite advocacy efforts. (Photo courtesy of Uganda Pride)

Despite the annulment of the 2014 Anti-Homosexuality Act that was meant to criminalize the act of same-sex relations by life imprisonment and even capital punishment in Uganda, members of the LGBTQ community continue to face unwarranted reproof.

Several bills have been proposed in Parliament, such as the Anti-Homosexuality Bill, the revised Anti-Homosexuality Bill and just recently bills that would criminalize sex work and gay sex. However, none of these bills saw the light of day thanks to the rigorous fight put down by LGBTQ activists against the government through the Constitutional Court and protests.

Nevertheless, this has not stopped the government and members of the public from cracking down on LGBTQ people.

Who could forget the horrific and traumatic experience that was faced by 44 LGBTQ people at the end of May of this year when police raided a private function that was being held in Kampala that saw the 44 being arrested, assaulted and humiliated by the police, who even went an extra mile of posting their faces on social media and national television.

That petrifying moment is still being relived not only by the 44, but other LGBTQ community members as Iga Isma, executive director of Happy Family Youth Uganda, aptly states.

“In May, police raided a private function that had 44 LGBTQI+ personnel and they were arrested for conducting a gay wedding which was not the case as they were just having a party and since their arrest although they have now been released, they have been receiving a lot of stigma because after they were incarcerated their photos were paraded on social media, national television and it is now difficult for them to move, to get a job or do anything because when they get on the streets people intimidate, harass and assault them so they are facing a lot of challenges. They cannot talk in the community, they cannot buy anything, some of them when they were released from prison actually came back to burned down houses. Their houses were set on fire by some members of the community and others were chased away by their families,” said Isma.

In addition, Isma cited that many members of the LGBTQ community now do not have a sense of belonging as they have been rejected and sidelined by those they deem to be their loved ones.

“In Uganda today, hundreds of LGBTQI+ personnel have no place to call home as they are kicked out by their homophobic and transphobic, conservative communities as well as family members due to stigma and a lot of LGBTQI+ personnel continue to live in the shadows and do not come out due to fear of rejection from their families, colleagues and members of their communities.

However, we as LGBTQI+ organizations are trying to educate members of the community, government and all stakeholders about the LGBTQI+ community because that is the only way we can do away with the repugnant attitude towards the LGBTQI+ community. Though it is difficult due to the homophobic and transphobic communities within our midst, we are trying to change the narrative,” said Isma.

It is now yet to be seen whether or not the new administration, which formed earlier in January under President Yoweri Museveni, who has governed the East African country for the past 35 years, will lift the cumbersome tribulations and aspersions that are continuously being faced by members of the LGBTQ community.

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South America

Colombia’s first leftist president takes office

Gustavo Petro has pledged to support LGBTQ, intersex rights

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Gustavo Petro took office as Colombia's first leftist president on Aug. 7, 2022. (Photo courtesy of the Colombian government)

Former Bogotá Mayor Gustavo Petro on Sunday took office as Colombia’s first leftist president.

The former Colombian senator who was once a member of the M-19 guerrilla movement that disbanded in the 1990s, in June defeated former Bucaramanga Mayor Rodolfo Hernández in the second round of the country’s presidential election. Petro’s running mate, Francia Márquez, on Sunday took office as Colombia’s first female vice president of African descent.

Colombian Vice President Francia Márquez. (Photo courtesy of Márquez’s Twitter page)

Petro before his inauguration named Néstor Osuna, an openly gay man, as the country’s new justice minister.

“I am honored and thankful to President Gustavo Petro for the appointment as Colombia’s justice minister,” tweeted Osuna on Sunday. “I commit myself to working with your team to achieve the change for which so many of our compatriots yearn.”

Petro in his inaugural speech did not specifically reference LGBTQ and intersex Colombians, but OrgulloLGBT.co, the Washington Blade’s media partner in the country, published pictures that show LGBTQ and intersex people were among those who attended the inauguration.

Petro during the campaign pledged to fight violence and discrimination based on sexual orientation and gender identity and to implement policies “for the reaffirmation of gender and sexual orientation identities without barriers for all nonbinary and transgender people in Colombia.” Márquez noted LGBTQ and intersex Colombians after she and Petro won the election.

Wilson Castañeda, director of Caribe Afirmativo, an LGBTQ and intersex rights group in northern Colombia, told the Blade after Petro and Márquez won the election that the campaign held “various meetings” with advocacy groups. Castañeda also noted that Petro, among other things, named Tatiana Piñeros, a transgender woman, to run Bogotá’s social welfare and tourism office when he was mayor.

Castañeda and U.S. Agency for International Development Administrator Samantha Power are among those who attended Sunday’s inauguration that took place in Bogotá’s Bolívar Square.

“Full squares; happy faces; the flags of Colombia, Bogotá; rural, indigenous and LGBTI communities received the president and the vice president in an emotive and historic act that inaugurated the first popular and leftist Colombian government,” tweeted Bogotá Mayor Claudia López on Sunday.

López is married to Angélica Lózano, a bisexual woman who in 2018 became the first LGBTQ and intersex person elected to the Colombian Senate.

Lozano in March won re-election in the country’s national elections. Colombians also elected five openly LGBTQ and intersex people to the country’s House of Representatives.

Tamara Argote in March became the first non-binary person elected to the Colombian Congress.

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Africa

Landmark intersex rights law takes effect in Kenya

Activists praise Children Act 2022

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(Photo courtesy of Rarrarorro via Bigstock)

A new law that took effect late last month in Kenya has granted equal rights and recognition to intersex people 

Intersex people are now recognized as Kenya’s third gender with an ‘I’ gender marker in response to the Children Act 2022. Kenya is the first African country that has granted the intersex community this universal right.

The new law requires intersex children to be treated with dignity and have equal access to basic services like medical treatment and education, in addition to social protection services as a special need. It also requires the accomodation of intersex children in child protection centers and other facilities.

Courts are also required to consider the needs of intersex children who are on trial — including the calling of an expert witness — before they issue any ruling. The law further stipulates that anyone can be a foster parent without restrictions of gender, age or marital status.

It also protects intersex children from so-called sex normalization surgeries, and such procedures will only be done with a doctor’s recommendation. Those who violate the law will face at least three years in jail and a fine of at least $5,000.

“This is a great and major milestone globally for Kenya. We are now way ahead and can teach our neighbors and the whole globe good practices,” said Jedidah Wakonyo, a human rights lawyer and former chair of the Intersex Persons Society of Kenya

The long journey for recognition started dramatically in 2006 when some human rights organizations petitioned courts about a detainee who had been accused of a violent robbery.

Authorities perceived the suspect was a man after police strip-searched him before he entered prison.

This followed numerous court battles by intersex people who demanded the right to recognition as another gender in their birth certificates.

Being denied birth certificates from the discriminatiory law that only recognized male and female genders further limited their access to national identity cards, passports and other crucial documents and government services.      

The Births and Deaths Registration Act under the new law’s Section 7 (3) “shall take measures to ensure correct documentation and registration of intersex children at birth.” 

Intersex people commonly have a combination of male and female gonads (ovaries or testicles) or ambiguous genitalia. 

Wakonyo, who also chaired the Intersex Persons Implementation Coordination Committee and was named the International Court of Justice’s 2020 jurist of the year, describes the law’s enactment as a historic moment because of its comprehensive definition of an intersex person.

It defines an intersex child as “a child with a congenital condition in which the biological sex characteristics cannot be exclusively categorized in the common binary of female or male due to inherent and mixed anatomical, hormonal, gonadal or chromosomal patterns which could be apparent before, at birth, in childhood, puberty or adulthood.”

Kenyan law considers anyone under 17 to be a child.

“Defining an intersex from a child’s perspective while taking care of many aspects and not just the physical notion of being intersex is the best practice because in future they don’t find themselves in the state of gender confusion between males and females like the current situation,” stated Wakonyo. 

This provision essentially protects intersex persons from being deprived of their constitutional rights of gender recognition under the country’s Bill of Rights.

Veronica Mwangi, the deputy director at Kenya’s National Commission on Human Rights, that helped secure the law’s implementation, said it addresses issues for which the intersex community has been fighting for years.    

“It is very progressive and we are glad about the gains because it provides for the existence of the intersex which all state actors have to accept. Full implementation is what we now need to focus on,” she said.

The law took effect roughly five years after Kenya became the first African nation and the second country in the world after Australia to count intersex people in a Census. The 2019 survey showed 1,524 Kenyans were intersex.

Intersex rights groups had initially petitioned the courts for a total ban of surgeries on intersex children unless they were a medical emergency.

Wakonyo backs the provision for a doctor’s approval on grounds that the surgeries will only be done “in the best interest of the intersex child, informed consent of the parents and the participation of the child depending on the age.” Wakonyo and other activists say the relaxation of the requirements for adopting intersex children not only seeks to end the problem of neglect and abandonment but also the stigma that has left some to die by suicide.

The law safeguards adoptive parents’ rights and parental responsibility and intersex children from child labor, online expuse and other forms of exploitation.

“Intersex children who are just like other children will no longer be killed at birth because of their gender ambiguity,” said Wakonyo.   

Despite the law’s huge benefits for the intersex community, Wakonyo notes it is a “very significant foundation” for the group because gender-specific accommodations in social gatherings and facilities remain needed.

Another historic win for intersex Kenyans this year was the Kenyan National Commission on Human Rights’ decision to hire an intersex commissioner.

“Dr. Dennis Wamalwa applied as an intersex (person), interviewed as an intersex (person), and the shortlist comprised male, female, and ‘I’ gender for intersex. He emerged (at the) top and his intersex friends and associates came to witness his swearing,” stated Wakonyo, who also served as a Kenyan National Commission on Human Rights commissioner.

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Canada

Montreal Pride organizers cancel parade

A lack of security personnel prompted last-minute decision

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(Courtesy of 𝐅𝐢𝐞𝐫𝐭é 𝐌𝐨𝐧𝐭𝐫é𝐚𝐥 𝐏𝐫𝐢𝐝𝐞/Facebook)

Citing a lack of adequate security personnel, the organizers of the Fierté Montréal Pride Parade abruptly cancelled Sunday’s parade. The event organizers told the Canadian Broadcasting Corporation the decision was made in collaboration with Montréal police.

CBC reported that other Pride events taking place at the Esplanade du Parc olympique from 2 p.m. local time, including the closing show with Pabllo Vittar, will go on as as planned. Tens of thousands of people were expected to attend the parade.

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