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Two South Africa men sentenced to life in prison for raping lesbian

Case underscores violence against LGBTQ people

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Referendum 8, gay news, Washington Blade
(Photo by Bigstock)

Wednesday’s sentencing of two men for raping a 19-year-old lesbian in 2020 has caused mixed reactions among South African LGBTQ rights groups.

The judgment against Getwin Moloto, 30, and Lebohang Makola, 35, which was handed down by the Atteridgeville Regional Court in Pretoria, will see both men serving one life term each.

“On the evening of 16 Dec. 2020, the victim was trying to open a gate at her house, coming from accompanying her partner,” said Lumka Mahanjana, a spokesperson for the North Gauteng Director of Public Prosecutions. “The two, working with a third accomplice, grabbed her and carried her to a shack where they raped her.”

“While Moloto was raping her, he kept on asking her why she was taking their women. However, in the process of raping her, Makola continued to ask her to be his girlfriend,” added Mahanjana. “After the incident, the victim asked if she could use the toilet outside and they agreed, but allowed her to only wear pants. When she got to the door, she ran to her home three houses away and told her mother what had happened. Upon their return, they found the victimā€™s underwear in the yard which was left at Moloto’s shack. Moloto was linked to the crime after he was identified by the victim since she recognized his voice when he was raping her.”

Sibongile Mzinyathi, an advocate for the North Gauteng Director of Public Prosecutions, said crimes that are influenced by hatred towards the LGBTQ community would not be tolerated, and will be prosecuted.

Reacting to the development, Bruce Walker of Pretoria Pride said there was need not to grant anyone parole before serving at least 25 years.

“There must be a minimum of life with no early release for 25 years because the courts and police do not take this seriously,” said Walker. “I think if we lobby for the minimum sentence this will make the courts to take cases like these more seriously.”

At the same time, Ruth Maseko of the Triangle Project said they welcomed the verdict but added the courts needed to do more.

“We are happy with the sentencing as it shows that the courts are factoring in the intolerance we have for sexual violence, which is out of control in this country,” said Maseko. “What we do hope for is some prison reform. People who are serving prison sentences such as these should be educated and informed on the issues of gender-based violence, sexual assault, murder or whatever the crime may be.”

“However, the outcomes of cases are very often dependent on the quality of the investigations and what is put forward to the court,” added Maseko. “One then has to hope that there is a state prosecutor who understands these types of crimes. Sadly, none of this is going to ensure that these crimes stop happening. People’s attitudes need to change, but sentences like these are sending a strong message that these crimes will not be tolerated.”

Although South Africa is considered to be the most progressive country in Africa when it comes to the LGBTQ community, violence continues to be perpetrated towards them due to religious, cultural and societal norms. It often takes place in the concentrated and marginalized areas of the country such as townships and rural areas, as a result, most that identify as LGBTQ have to conform to the “homogenous” norms or face punitive measures as a result of their gender identity, from their community, peers, family and other sects.

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Uganda

Ugandan advocacy groups step up fight against mpox

More than 500 new cases reported in country over last two weeks

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As mpox cases continue to surge in Uganda, LGBTQ rights organizations have raised concerns over its ā€œtroubling increaseā€ among the queer community and have advised it to be on high alert.  

The Uganda Key Populations Consortium, an LGBTQ rights organization, working closely with the Health Ministry and Kampala Capital City Authority and other government bodies to stem the spread of mpox, has warned that queer people in semi-urban areas are the most affected.   

ā€œThese communities have expressed valid concerns regarding stigma and discrimination which may deter individuals from seeking necessary medical attention,ā€ UKPC Director General Richard Lusimbo said.  

Uganda has recorded 512 new mpox cases in the last two weeks, bringing the total number of cases to 2,127 and 12 deaths, as the Health Ministry confirmed on Tuesday. The World Health Organizationā€™s latest multi-country report on the mpox outbreak, released on Jan. 11, indicates that Uganda has recorded 1,552 cases and 12 deaths since the disease was first reported last July..      

The WHO report places the capital Kampala with the highest number of mpox diseases spread through community transmission with an infection incidence of 45 cases per 100,000 people, followed by the Wakiso and Nakasongola districts.

ā€œCases have been reported in at least 49 percent (71 out of 146) of districts in the country, but the epidemic remains largely concentrated in and around Kampala,ā€ the WHO report reads. ā€œSo far, only clade Ib MPXV, linked to the outbreak in the eastern Democratic Republic of the Congo, has been detected in the country, and current evidence indicates that transmission of the virus is occurring exclusively through close, physical human-to-human contact.ā€ 

People between 20-29 are the most affected group, with sexual contact as a major mode of transmission among sex workers and men who have sex with men.

The UKPC has issued an urgent health advisory to the queer community as it collaborates with the Health Ministry and KCCA in responding to the mpox transmission through immediate and long-term actions, including integrating its response with ongoing HIV prevention and care strategies. 

Lusimbo, whose organization has also partnered with WHO and the Most At Risk Populations Initiative, a local health NGO, to stem the spread of mpox stated a unified preventive approach that is inclusive and effective is vital for the health and safety of all Ugandans.   

ā€œThe fear of stigma and discrimination can exacerbate the situation by hindering effective response and treatment efforts,ā€ Lusimbo said. 

He noted that the fight against mpox in Uganda is not just limited to managing a health crisis. It also offers the queer community an opportunity to advocate for the rights and dignity of the marginalized groups. 

The UKPC last week unveiled an online survey on the mpox epidemic targeting queer people in Uganda to reliably understand its impact on them and their knowledge about the disease.Ā 

ā€œMpox continues to disproportionately affect mostly our community, especially female sex workers and their clients, and men who have sex with men,ā€ the survey reads. ā€œAs the national secretariat and coordinating body for key populations, UKPC, in partnership with KCCA, has been leading important discussions on the diseaseā€™s public health implications in areas where the impact is most notable.ā€

The report states the survey data will help develop tailored, inclusive, and equitable interventions for the LGBTQ community. The survey also seeks to provide specific numbers of queer people who have contracted mpox and those who have died from the disease.

Uganda Minority Shelters Consortium Coordinator John Grace attributed the lack of data about queer people affected by mpox to privacy concerns, stigma, and discrimination against the community by the homophobic public and state authorities tasked with enforcing anti-homosexuality laws. He said the Anti-Homosexuality Law has created a significant barrier for queer people to report such abuses.

ā€œThis makes it difficult to ascertain the true extent of stigma and discrimination or the impact of misinformation about transmission methods,ā€ Grace said.  

Grace also noted the collaboration between LGBTQ organizations and healthcare providers in tackling mpox has been ā€œinconsistent.ā€ 

ā€œWhile some providers have been welcoming and supportive, others demonstrate a lack of awareness or sensitivity regarding the specific needs of the LGBTQ+ community,ā€ he said.

Despite the homophobic climate in Uganda amid the fight against mpox, Grace noted many LGBTQ organizations have proactively disseminated accurate information to educate queer people about the diseaseā€™s prevention within their communities through educational campaigns and safer sex practices.   

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Ghana

Ghanaā€™s president says anti-LGBTQ bill ā€˜effectively is deadā€™

Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill passed in 2024

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Ghanaian President John Mahama (Photo via John Mahama's official Instagram account)

Advocacy groups in Ghana have welcomed the demise of a bill that would have further criminalized LGBTQ people and outlawed allyship.

President John Mahama on Jan. 14 said the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill that MP Sam George of Ningo-Prampram co-sponsored in 2021 was essentially dead. Mahama made the remarks to a delegation of bishops from the Ghana Catholic Bishopā€™s Conference.

“If we are teaching our values in schools, we wouldnā€™t need to pass a bill to enforce family values,ā€ said Mahama. ā€œMore than just passing the Family Values Bill, we need to agree on a curriculum that instills these values in our children as they grow.ā€

The president also said that although MPs passed the bill last February, parliament dissolved before former President Nana Akufo-Ado, whose term ended earlier this month, signed it.

“I donā€™t know what the promoters of the bill intend to do, but I think we should have a conversation about it again,ā€ said Mahama. ā€œAs far as I know, the bill did not get to the president. So, the convention is that all bills that are not assented to law before the expiration of the life of parliament, expire. So that bill effectively is dead.ā€

LGBT+ Rights Ghana Communications Director Berinyuy Burinyuy said the president’s remarks offer a glimmer of hope for LGBTQ Ghanaians who have long been subjected to systemic discrimination, fear, and violence.

“For many, the mere suggestion that LGBT+ issues could be addressed through education rather than criminalization represents a significant departure from the traditional legislative path championed by the billā€™s proponents,ā€ said Burinyuy. ā€œThis shift implies a possible opening for dialogue and a more inclusive approach, one that recognizes the need for respect and understanding of diverse sexual identities within Ghanaian society.”

Burinyuy, however, asked about how family values will be incorporated into the educational curriculum.

“Will the curriculum provide a comprehensive, nuanced understanding of human sexuality that respects diversity, or will it risk reinforcing discriminatory attitudes under the guise of cultural preservation?ā€ said Burinyuy. ā€œThe fear, particularly among LGBT+ activists is that the emphasis on education could inadvertently foster homophobia in Ghanaian children. If the content is not carefully structured, it could perpetuate harmful stereotypes and deepen existing prejudices.ā€

“While Mahama may not yet be fully committing to a clear policy direction, his statement leaves open the possibility of a more balanced approach, one that allows for a national conversation on sexual rights without rushing into divisive legislation,ā€ added Burinyuy.

We Are All Ghana said Mahamaā€™s comments are a welcomed approach in addressing anti-LGBTQ sentiments and negative stereotyping.

“We need a holistic educational curriculum for our schools,ā€ said We Are All Ghana. ā€œThe children at least deserve to know the truth. There is nothing worse than half baked information.ā€

Yaw Mensah, an LGBTQ activist, said Mahama is teaching Ghanaians to be tolerant of everyone, regardless of their sexual orientation.

“Mahama is indirectly saying LGBT persons are not Ghanaā€™s problems. Letā€™s teach families values that accept and respect everyone. Ghanaian values should be tolerance, respect, honesty, hardworking, hospitality, and integrity,ā€ said Mensah. ā€œThose need to be taught and not the hate, discrimination, barbarism, greediness, and hypocrisy that we are seeing in many leaders which transcends into the young ones.”

George has yet to comment on Mensahā€™s comments about his bill.

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Uganda

Ugandan minister: Western human rights sanctions forced country to join BRICS

President Yoweri Museveni signed Anti-Homosexuality Act in 2023

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Ugandan Foreign Affairs Minister Henry Oryem has revealed U.S. and EU sanctions over the countryā€™s Anti-Homosexuality Act and other human rights violations have pushed Kampala to join the BRICS bloc.

Oryem noted Western powersā€™ decision to sanction other countries without U.N. input is against international norms, and Uganda needed to shield itself from such actions by aligning with the bloc that includes China, Russia, India, South Africa, Brazil, Egypt, the United Arab Emirates, Ethiopia, Iran, and Indonesia. (Consensual same-sex sexual relations remain criminalized in the United Arab Emirates, Egypt, and Ethiopia. Iran is among the countries in which consensual same-sex sexual relations remain punishable by death.)

Kampala officially became a BRICS member on Jan. 1, joining eight other countries whose applications for admission were approved last October during the blocā€™s 16th annual summit in Kazan, Russia.  

ā€œThe United States and European Union, whenever they impose sanctions, expect all those other countries to make sure they abide by those sanctions and if you donā€™t, you face penalties or even they sanction you,ā€ Oryem said. 

Oryem spoke before parliamentā€™s Foreign Affairs Committee on Tuesday.

MPs asked him to explain the circumstances that led Uganda to join BRICS and the countryā€™s financial obligation from the membership.      

ā€œNow because of that and the recent events, you have realized that the United States and European Union have started freezing assets of countries in their nations without UN resolutions which is a breach of international world order,ā€ Oryem said. ā€œUganda canā€™t just standby and look at these changes and not be part of these changes. It will not be right.ā€

Oryem also said President Yoweri Museveniā€™s Cabinet discussed and approved the matter before he directed the Foreign Affairs Ministry to write to the BRICS Secretariat about admitting Uganda into the bloc.

The U.S. and other Western governments condemned Museveniā€™s decision to sign the Anti-Homosexuality Act, and announced a series of sanctions against Kampala. 

Washington, for example, imposed visa restrictions on government officials who championed the Anti-Homosexuality Act, re-evaluated its foreign aid and investment engagement with Uganda, including the Presidentā€™s Emergency Plan for AIDS Relief (PEPFAR), and reviewed Kampalaā€™s duty-free trade with the U.S. under the African Growth and Opportunity Act for sub-Saharan African countries.

The U.S. in May 2024 imposed sanctions on House Speaker Anita Among and four other senior Ugandan government officials accused of corruption and significant human rights violations.

Although the EU criticized the enactment of the Anti-Homosexuality Act, the 27-member bloc did not sanction Kampala, despite pressure from queer rights activists. The state-funded Uganda Human Rights Commission and several other human rights groups and queer activists, meanwhile, continue to pressure the government to withdraw implementation of the law.

UHRC Chair Mariam Wangadya, who called on the government to decriminalize homosexuality last month, has said her commission has received reports that indicate security officers who enforce the Anti-Homosexuality Act have subjected marginalized communities to discrimination and inhuman and degrading treatment

ā€œAs a signatory to several international and regional human rights conventions, Uganda is committed to ensuring non-discrimination and equality before the law,ā€ Wangadya said.  ā€œAt the domestic level, Ugandaā€™s constitution, under Article 21, prohibits discrimination based on gender, ensuring equality before the law, regardless of sex, race, ethnicity, or social status.ā€

Museveniā€™s son comes out against Anti-Homosexuality Act

Museveniā€™s son, Army Chief General Muhoozi Kainerugaba, has also emerged as a critic of the Anti-Homosexuality Act.

ā€œI was totally shocked and very hurt. Japanese are warriors like us. I respect them very much. I asked them how we were oppressing them. Then they told me about the AHA,ā€ he said on X on Jan. 3 while talking about how the Japanese questioned him over Ugandaā€™s persecution of queer people during his recent visit to Tokyo. ā€œCompatriots, let’s get rid of that small law. Our friends around the world are misunderstanding us.ā€

Kainerugaba, who is positioning himself as Museveniā€™s successor, had already declared an interest in running for president in 2026 before he withdrew last September in favor of his 80-year-old father who has been in power for more than three decades.

In his X post, Kainerugaba also indicated that ā€œwe shall remove this Anti-Homosexuality Act in 2026.ā€ He left the platform six days later after his posts threatened Ugandaā€™s diplomatic relations.

ā€œThey (gays) are sick people, but since the Creator made them … what do we do? Even ā€˜kibokoā€™ (whips) might not work. We shall pray for them,ā€ Kainerugaba said. 

The Supreme Court is currently considering a case that challenges the Anti-Homosexuality Act. The Constitutional Court last April upheld the law.

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