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Botswana government to abide by decriminalization ruling

Mokgweetsi Masisi met with LGBTQ activists on Monday

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(Public domain photo)

Botswana President Mokgweetsi Masisi on Monday said his government will abide by a ruling that decriminalized consensual same-sex sexual relations in his country.

Masisi said he would implement the Botswana High Court’s 2019 ruling against sections of the Batswana Penal Code that criminalized homosexuality.

The Batswana government appealed the High Court ruling. The Botswana Court of Appeals last November upheld it.

Agence France-Presse reported Masisi invited representatives of Lesbians, Gays and Bisexuals of Botswana (LEGABIBO), a Batswana LGBTQ rights group that challenged the criminalization law with the support of the Southern Africa Litigation Center, to meet with him at his office in Gaborone, the Batswana capital.

“We demand and expect anybody to respect the decisions of our court,” Masisi told LEGABIBO members, according to Agence France-Presse.

Botswana remains one of only a handful of countries that have decriminalized homosexuality.

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Human rights groups condemn victimization of LGBTQ, intersex people in Zambia

Country’s Catholic archbishop backs anti-gay campaign

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(Photo courtesy of LGBT Zambia's Facebook page)

Human rights organizations and activists have condemned the continued victimization of LGBTQ and intersex people in Zambia.

Anti-LGBTQ and intersex sentiments have been gaining momentum in recent weeks, including Dr. Brian Sampa’s #banbeardtobeard campaign in relation to gay couples. Alick Banda, the archbishop of the Catholic Diocese of Lusaka, and other Zambian religious leaders have also echoed these sentiments.

“In the last 12 months, we have witnessed an increase in the number of incidents and events that promote LGBTQ tendencies contrary to the laws of Zambia and our Zambian culture. Additionally, there has been an increase in the number of incidents of sodomy where boys and men are raped by fellow boys and men with impunity,” said Banda on Sept. 25. “We have witnessed several cases of sodomy and homosexuality on the increase in our society much to the displeasure and disapproval of the general public. Unfortunately, the law enforcement agents and the president who took an oath to protect the Constitution seems to be paying a blind eye. The question that begs an answer is, is it by design or by default.”

Consensual same-sex sexual relations remain criminalized in Zambia.

President Hakainde Hichilema last month reiterated his government does not support LGBTQ and intersex rights in response to Sampa’s protest.

The Global Interface Network, a global NGO that promotes safety and inclusion for all people of faith and especially for people who suffer discrimination because of their sexual orientation, criticized Banda’s comments.

“The statement by the archbishop has the potential to further escalate violence and we are deeply concerned for the wellbeing and safety of members of the 2SLGBTQIA+ community in Zambia,” said the Global Interface Network in a statement it released on Sept. 26. “Religious leaders are the shepherds of their flocks and have a responsibility to provide guidance, care and support to the faith community. Although we understand that for the Archbishop of Lusaka, same sex sexualities and non-normative gender identities are unfamiliar, we do not believe that it is appropriate, especially in a context in which people are already marginalized and subjected to violence and discrimination, for the archbishop to put his stamp of approval on further violence.”

The Global Interface Network in its statement encouraged Banda and the country’s Catholic Church “to enter into a process of fellowship and discernment alongside 2SLGBTQIA+ people of faith and skilled dialogue facilitators in Zambia and to collectively grow in the mission to offer compassion, care and love to the most vulnerable.” 

“The people of Zambia, just as it is the people of the African continent, deserve an opportunity to see humanity beyond heterosexuality,” it said. “That opportunity has the potential for a reclamation of the African people’s history of dealing with diversity, an opportunity of understanding beyond the common narrative of dehumanization.”

Mino, a Zambian LGBTQ and intersex activist, said Sampa has been sharing misleading information on his social media platforms that has influenced religious leaders and others across the country.

“The leader of this ban homosexuality movement has jumped from one cause to the other without success and unfortunately, this has seen him get heavy backing from people who share similar religious views. The whole thing has not been objective, the information he is disseminating is highly inaccurate, and full of untruths about 2SLGBTQIA+ persons. Sadly, the church and in a way the State has also jumped on this bandwagon,” said Mino. 

“Nevertheless, despite the current situation facing the 2SLGBTQIA+ community in Zambia, it is my hope that this opens a balanced dialogue of issues of sexuality and gender,” added Mino. “People must have accurate information on who we are as people and begin to see us as human beings with lives, families, interests, jobs, struggles, just like any other person as currently the 2SLGBTQIA+ community has been reduced to being only sexual beings and cannot be seen beyond that.”

Daniel Itai is the Washington Blade’s Africa Correspondent.

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Kenya seeks to ban LGBTQ movies on Netflix

Prohibition expected to take effect by end of year

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The streaming of LGBTQ movies on Netflix in Kenya is set to be restricted as the country tightens the noose on same-sex sexual activity. 

The Kenya Film Classification Board, which is charged with the classification and regulations of films for public consumption, is in final talks with Netflix to restrict same-sex content that violates the country’s laws.

Acting Kenya Film Classification Board CEO Christopher Wambua confirmed that official discussions with Netflix Africa began in October 2021, while noting that access to LGBTQ movies will be restricted before the end of this year. 

“Already we have developed a draft agreement that defines how to conduct their (Netflix) operations in the country after another discussion in April this year,” Wambua said. 

The Kenya Film Classification Board is supposed to share the agreement with Netflix Africa this week for further scrutiny of its provisions before implementing it. The company’s content manager for the continent is a Kenyan based in Nairobi. 

The board has classified LGBTQ content under the “restricted category,” meaning it is not allowed for broadcast, exhibition and distribution to the public. 

The agreement allows Netflix to self-classify movies streamed in Kenya by limiting offensive content that glorifies, normalizes, promotes and propagates homosexuality. 

Consensual same-sex sexual relations are criminalized under Section 165 of Kenya’s Penal Code while the Films and Stage Plays Act gives the board the power to regulate the exhibition, distribution, possession, or broadcasting of content to the public. Its content classification exempts live programming and news.    

“Netflix will have to develop an intelligence safety-worth classification pool that is consistent with the film classification guidelines for Kenya so that the system’s output is aligned with our local laws and regulatory provisions concerning content classification,” stated Wambua.   

The move to permit Netflix and other streaming services to self-classy movies for Kenya will only allow the board to monitor compliance.

“Netflix has indicated a commitment to operate in the country within the purview of the existing laws,” he said. “By the end of October this year we should have finalized the agreement so that by November we pilot the new framework.”

Kenya is the second African country to demand Netfilx ban the streaming of LGBTQ movies.

Egypt’s media regulator this month warned Netflix, Disney+, and other streaming services against broadcasting content that breaches its “societal values” and threatened to take action if not curbed.  

The first Netflix film, “Perfect Strangers,” released earlier this year targeting the Arabic audience sparked criticism in Egypt and the Middle East for having scenes that depict homosexuality. One Egyptian lawmaker even called for Netflix to be banned in the country.

Egypt is among the countries in the Arab World that do not condone homosexuality. 

Egyptian authorities usually prosecute gay men on charges of “immorality” or “debauchery.” Police regularly raid private parties, restaurants and bars to arrest them. 

Egypt’s warning on Sept. 7 came a day after Saudi Arabia, Kuwait, the United Arab Emirates, Qatar, Bahrain and Oman demanded Netflix to drop “offensive content” from its local streaming platforms as it “contradicts Islamic and societal values and principles.”

Egypt and Kenya have the highest number of Netflix subscriptions in Africa.

Kenya in September 2021 banned a gay documentary, “I Am Samuel,” produced by a local filmmaker.

The Kenya Film Classification Board said was “blasphemous” because it promoted “values that are in dissonance with our constitution, culture, values and norms.” The same film, however, has been screened at more than 25 film festivals globally and streamed on iTunes, Vimeo and other international platforms. 

Filmmakers and groups opposed to the government’s LGBTQ films restriction criticized the decision as an abuse of the freedom of expression the Kenyan Constitution guarantees. Courts have dismissed challenges to it.

Apart from the Kenya Film Classification Board reaching a deal with Netflix to restrict LGBTQ content, Wambua disclosed that a new law has already been approved by the outgoing Cabinet to help the board effectively classify and regulate content in this digital era.        

“The new digital platforms allowing streaming of movies make it difficult hence need to do some readjustments in the law to give companies powers to self-classify their videos-on-demand films that apply on auto-visual content. The existing law was for the analogue era,” he noted. 

The proposed law, dubbed the Kenya Film Bill 2021, has yet to be introduced in the Kenyan Parliament, which reconvened on Wednesday after August’s general election.    

The bill would recognize Kenya Film Classification Board key mandates of regulating the creation, broadcasting, distribution, possession and exhibition of films through the issuance of licenses to filmmakers, distributors and exhibitors. The bill would also recognize the Kenya Film Classification Board’s role in classifying films under various categories such as films that are either restricted or prohibited.  

The Kenya Film Classification Board is engaging with other regulatory government agencies to have minimal adjustments on self-classifications through miscellaneous amendments to restrict LGBTQ content to avoid any delay in enacting the proposed law.   

“If this is done even before we overhaul the existing law, we would have the requisite provisions that are necessary to allow us to accommodate the business model of videos-on-demand (VODs) which are on digital demand,” Wambua said. 

The Washington Blade has reached out to Netflix for comment.

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Zambia president reiterates opposition to LGBTQ, intersex rights

Hakainde Hichilema made comments in response to anti-LGBTQ protest

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Dr. Brian Sampa has organized protests against LGBTQ and intersex rights in Zambia. (Photo via Dr. Brian Sampa's Facebook page)

Zambian President Hakainde Hichilema on Monday reiterated his government does not support LGBTQ and intersex rights.

In a video posted to his Facebook page on Monday, Hichilema said Zambia is a country deeply rooted in Christianity and therefore does not support same sex relations. The president’s remarks came after Dr. Brian Sampa on Sept. 15 held an anti-LGBTQ rights protest.

The police stopped Sampa’s protest, which was to have taken place at the State House in Lusaka, the country’s capital. Officers said he did not have the necessary permits and told him and the handful of other protesters to instead approach the country’s Gender Ministry.

“Zambia is a Christian nation it’s clear! We all agree, but sometimes we want to extract sections of our communities and say these are not Christians. Religion in diversity. Churches in diversity but one body of Christ and I want to say it is not right,” said Hichilema in his video. “I have been following what is happening in the country and to say that the new dawn government is promoting lesbian rights or gay rights that is not right. We have said it before in opposition and now in government that we do not support gay, lesbian rights as a government.” 

“The records are there,” he added. “The media houses carry those records from years back but now in the last recent days people are propagating in churches preaching about lesbian rights that is divisive you know, the new dawn government this and that it’s not right let’s focus on unity, let’s focus on materiality, things that matter for this country, our children keeping them in school matters more than the peripheral petty side of a divisive behavior.” 

Sampa, meanwhile, has said he will be leading another anti-LGBTQ protest under the banner #BanNdevupaNdevu (#BanBeardonBeard) on Sept. 28. He said he plans to deliver a letter to the State House pertaining to what he labelled “the rise in unnatural acts like homosexuality.”

“Our fight is non-political. It’s for Zambians regardless of your color, creed, religion or political affiliation,” said Sampa on Facebook. “The president needs to be making it clear to those ambassadors from some countries our stance about homosexuality. Here we chase ambassadors who support homosexuals because it’s criminal under our constitution. The government has got power to end all this, but we are lacking political will against homosexuality. Use the law to the latter.”

“Parents make time to talk to your children and visit them in boarding schools,” he added. “Male boarding schools are no longer safe. The homosexuals are sodomizing children as they initiate them into this bad vice.”

Sampa also posted to Facebook a picture of a bed with what appears to be human feces on sheets. Sampa said it was a result of too much anal sex and cautioned that heterosexuals should be concerned if their partner wants to engage in it.

“Before you join them no matter the amount they will offer you, remember this picture. This is a picture of a bed used by a person with fecal incontinence due to anal sex what you are seeing are feces leaking from the anus because the sphincter muscle is destroyed due to anal sex,” he said. “This is an example of a male-to-male relationship. Don’t be deceived; the anus is not a sexual organ. Would a normal person be happy to dip their penis in feces? Nobody enjoys the smell of feces unless there is some psychological problem.”

“For ladies, how to know that you are dating a homosexual,” added Sampa. “If the guy keeps demanding for anal sex make sure you report him to the police.”

Zambia criminalizes same-sex sexual activity between men and between women. Sentences include a maximum penalty of 14 years in jail.

A court in 2019 convicted two gay men of engaging in same-sex sexual activity and sentenced them to 15 years in prison. They received a presidential pardon in 2020 amid international pressure, but reports of discrimination and violence against LGBTQ and intersex Zambians remain commonplace.

Daniel Itai is the Washington Blade’s Africa Correspondent.

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