Africa
Three gay men sentenced to death in northern Nigeria
Sharia court in Bauchi state issued ruling on July 1
Advocacy groups in Nigeria have expressed alarm over the fate of three men who were sentenced to death because they are gay.
According to a Sharia, or Islamic law, court in Ningi in Bauchi state in northeastern Nigeria, the three men ā Abdullahi Beti, 30, Kamilu Yaāu, 20, and Mal. Haruna, 70 ā were arrested in the village of Gwada on June 14.
After hearing the statements by witnesses as well as admittance of guilt by the accused, Judge Munkaāilu Sabo-Ningi on July 1 sentenced them to death by stoning under Section 134 of the Bauchi State Penal Law of 2001 and a provision of Fiquhussunah Jizuāi, a book that is used to interpret Sharia law.
The three men have yet to be executed.
“First of all, the silver lining is that it’s not too late. Normally, the governor has to sign off on the execution before it happens and there is a one month period in which the convicts can appeal their death sentences,” noted the Queer Union for Economic and Social Transformation, a coalition of queer Nigerians.
The group, known by the acronym QUEST, noted the men could not afford a lawyer.
“Their trial continued without them being provided legal representation as the constitution requires and they were all made to plead guilty,” said QUEST. “We need to put pressure on national and religious leaders to weigh in on the unconstitutionality that went on in this process. These people will watch us all die if it means keeping their power. We cannot let their silence go unacknowledged.”
Jide Macaulay, an openly gay Nigerian pastor who was recently appointed chaplain of St. Peter’s House Chaplaincy at Manchester University in the U.K., on social media described the death sentences as barbaric and a violation of human rights.
“This is heartbreaking and the very reason that Pride is a protest. Killing gay people because of who they love is barbaric and an abuse of human rights,” said Macaulay. “We need a new voice of reason to protect the lives of lesbians, gays, bisexuals and transgender citizens in Nigeria. We must seek justice for the lives of these men. Queer Nigerians desperately need a change, a government that will deliver on their human rights, end police brutality and decriminalization of homosexuality. Any sane government will include those who deeply care about the welfare and justice for those most vulnerable. Queer Nigerians contribute to society and the economy. We cannot be ignored.”
Nigeria has penal and criminal codes that dictate crime and punishments for them in the country.
The penal code applies in the north, where there is a Muslim majority, and the criminal code in the southern part of the country, where there is a Christian majority.
Twelve states in northern Nigeria ā Zamfara, Kano, Sokoto, Katsina, Bauchi, Borno, Jigawa, Kebbi, Yobe, Kaduna, Niger and Gombe ā have implemented Sharia law that is applicable in marriage, divorce, inheritace, succession and other personal matters. Sharia courts impose sentences that can range from floggings and amputations to the death penalty.
The 12 Nigerian states that have implemented Sharia law are among the handful of jurisdictions around the world in which homosexuality remains punishable by death.
The last time a Nigerian Sharia court passed a death sentence was in 2016 when Abdulazeez Inyass was sentenced to death for blasphemy against Islam.
Daniel Itai is the Washington Blade’s Africa Correspondent.
Mali
Mali on the verge of criminalizing homosexuality
Country’s Traditional National Council has drafted a new penal code
Mali’s Transitional National Council on Oct. 31 adopted a draft penal code that would criminalize acts of homosexuality.
Minister Mamoudou KassoguƩ after the TNC meeting said any person who advocates or engages in same-sex relations will be prosecuted.
“There are provisions in our laws that prohibit homosexuality in Mali,” he said. “Anyone engaging in this practice, promoting or apologizing for it, will be prosecuted. We will not accept that our customs and values āāare violated by people from elsewhere.”
Nginda Nganga, an African LGBTQ rights activist, said the Malian government should not be concerned about other people’s sexual orientation.
“LGBTQI+ people have always existed, and they always will. Itās a human rights issue, and honestly, I have never understood why some are so concerned about others’ personal choices and private lives,” said Nganga. “Itās strange.”
Eugene Djoko, another African rights activist, said deterring and monitoring one’s sexual orientation will not solve the countryās problems.
“According to the minister, anyone who practices, promotes or glorifies homosexuality will be prosecuted, however, restraining personal liberties is not how you will fix the country’s problems,” said Djoko.
Amnesty International in its 2023/2024 report said violence and discrimination against people based on descent remained prevalent in Mali. The report highlighted several killings based on this type of discrimination.
Although Mali does not recognize same-sex marriages, the country’s constitution and penal code does not criminalize consensual same-sex sexual relations or LGBTQ identity. The TNC’s Oct. 31 vote, however, will change the situation for the country’s LGBTQ community, even though President Assimi GoĆÆta has not approved them.
The LGBTQ community before the Oct. 31 vote already faced a lot of stigma, especially from fellow Malians.
Mali is largely an Islamic country, and Sharia law does not tolerate same-sex sexual relations. The majority of Malians view homosexuality as a Western import.
People in some regions who are found to be part of the LGBTQ community can face punishments that range from so-called conversion therapy to amputation, flogging, and even death. Many LGBTQ Malians and those who advocate on their behalf remain in the closet or work behind closed doors. Some have opted to leave Mali and seek refuge in countries that protect LGBTQ rights.
The actual ramifications of KassoguĆ©’s statements as they relate to consensual same-sex sexual relations or LGBTQ advocacy in the country remain unclear.
Arrests of LGBTQ people or activists on the basis of sexual orientation are rare, but Malian society tends to handle them under the guise of religious and cultural beliefs as opposed to a law enforcement issue. Law enforcement officials cite acts of indecency when they arrest those who identify as LGBTQ or activists.
GoĆÆta, for his part, has yet to explicitly make any public comment on LGBTQ-specific issues. He has, however, often spoke about his support for Islamic and African values.
Kenya
Kenyan court awards two gay men $31K
Couple subjected to genital examination, given HIV tests after āunnatural sexā arrest
A Kenyan court has awarded two gay men charged with āunnatural sexā for engaging in consensual sexual relations a total of Sh4 million ($31,000) in compensation.
This is after the Magistrates Court in the coastal city of Mombasa ruled the authorities violated the menās rights in obtaining evidence.
During the arrest, the two men were forcefully subjected to genital examination and HIV tests against their constitutional rights to privacy and the rights of an arrested person, including being allowed to speak with a lawyer.
Section 162 of Kenya’s penal code criminalizes consensual same-sex relations with a 14-year jail term. Prosecutors wanted the court to find the two gay men, who were arrested in 2021, guilty of the offense.
In a ruling issued on Oct. 24, the court, while awarding each of the men Sh2 million ($15,600) in compensation, faulted prosecutorsā unlawful extraction of evidence.
The Center for Minority Rights and Strategic Litigation, a local LGBTQ rights organization, last year petitioned the court not to admit the evidence for having been obtained unlawfully, to stop the hearing, and for the accused to be compensated.
In the petition, CMRSL cited infringement on the gay menās right to human dignity: A ban on cruel, inhuman, or degrading treatment, the rights to privacy and a fair trial, rights of an arrested person, and violation of their freedom and security as the constitution and international law mandates.
āThis provision (Section 162 of the penal code) has historically been used by the State to target and harass LGBTQ+ persons based on their gender identity and sexual orientation,ā CMRSL Legal Manager Michael Kioko told the Washington Blade.
The High Court in 2019 declined to decriminalize sections of the penal code that ban homosexuality in response to queer rights organizationsā petition that argued the State cannot criminalize consensual same-sex sexual relations between adults. The constitutionality of laws that criminalize homosexuality is still contested in the appeals court, based on the argument they infringe on the rights to privacy and human dignity.
CMRSL termed the latest ruling āa crucial step toward dignity and human rights for allā while noting that the case was critical in its legal representation efforts to protect the fundamental rights of queer people in Kenya.
The Oct. 24 decision affirms the Mombasa appeals court’s 2018 ruling that struck down the use of forced anal testing in homosexuality cases by terming it as unlawful. Kenyaās National Gay and Lesbian Human Rights Commission brought the case.
The appeals court verdict stemmed from a 2015 case where police in Mombasa obtained a court order to force two gay men to undergo anal examinations and HIV testing at a local clinic after authorities arrested them and charged them with unnatural sex.
NGLHRC, in challenging the court order, argued forced anal examinations are cruel, inhuman, degrading, and breached local and international medical ethics and human rights.
The latest ruling exonerating the two gay men from prosecution is among numerous cases in which CMRSL has represented queer people in court to defend and protect LGBTQ rights in the country.
The case against a gay man in Mombasa charged with an unnatural act (a same-sex affair) and represented by CMRSL in court saw the matter dropped last September. The court last June acquitted transgender women in Lamu charged with committing gross indecent acts between males against provisions of the penal code.
CMRSL represented the trans women.
The group has deployed community paralegals and field monitors to monitor, document, and report queer rights violations.
āThey (field monitors) work closely with LGBTQ+ community paralegals to link survivors to justice by providing legal support and connecting those to pro bono lawyers and legal aid services,ā Kioko said. āOn average, our monitors handle around 10 cases each month, ensuring that violations are addressed and survivors receive the necessary legal pathways to seek justice.ā
CMRSL in partnership with several queer lobby groups, is also challenging the Kenya Films Classification Board in court for banning a movie titled āI Am Samuelā on the pretext it contained gay scenes that violate Kenyan law.
The Kenya Films Classification Board in 2018 also banned the āRafikiā because it contains lesbian-specific content. Petitioners who challenged the ban in court argue the decision violates freedom of expression and other constitutional provisions.
Ghana
Ghanaian cardinal reiterates support of LGBTQ people
Country’s Supreme Court considering challenge of anti-LGBTQ law
A Catholic cardinal in Ghana has reiterated his support for LGBTQ people.
Peter Turkson has been vocal against the criminalization of LGBTQ people, advocates, and organizations. He is also among the few African cardinals who have supported the Fiducia Supplicans (Supplicating Trust) document that Pope Francis released last year.
The document offers a narrow set of conditions under which a priest or deacon can offer a blessing to a same-sex couple or unmarried heterosexual couples.
In an interview with TV3 News, a Ghanaian television station, Turkson expressed his grave concerns over the Human Sexual Rights and Family Values Bill currently before the Supreme Court.
The bill, among other things, would further criminalize LGBTQ people and make advocacy on their behalf illegal.
Lawmakers in February approved the measure. President Nana Akufo-Addo has said he will not sign it until the Supreme Court issues its ruling.
Turkson said homosexuality is not new to Ghanaian culture and those who identify as LGBTQ should be treated like any other person.
“Who controls how one is born? And if one is born this way, how does it in itself constitute a crime? You criminalize them for what,” he asked.
Turkson also said there should be respect for diverse views, urging against the criminalization of identity.
Father Peter Knox from the Jesuit Institute in South Africa said there is an almost what he described as a neurotic denial of the fact there are African people who are attracted to people of the same sex.
āThe fact that people of the same sex enter into a permanent, loving, supportive, stable, fruitful relationships is beyond the imagination of many Africans. The very notion runs contrary to what many theologians and pastors claim is African culture,ā said Knox.
Knox also questioned why homosexuality is regarded as a Western concept, noting South Africa offers asylum to many LGBTQ Africans who are fleeing persecution from their countries of origin.
āFor decades South Africa has recognized the refugee status of people who are persecuted or whose lives are endangered because of their sexual orientation,” he noted. “For those who do not try to make it to Europe, South Africa is often a second-best destination.”
Knox noted one South African parish has a support group for LGBTQ parishioners.
“It is noteworthy that none of the members of the group are so-called Europeans. They all come from African countries,” he said. “One also hopes for more prophetic protection of a severely marginalized group on this continent.”
Cardinal Maurice Piat of Mauritius, along withĀ Turkson, is the only other of the continent’s 22 Catholic cardinals who hasĀ spoken publicly in support of LGBTQ people. Non-Catholic officials in Africa have largely dismissed Francis’s document.
Cardinal Stephen Ameyu, archbishop of Juba in South Sudan, has said the church’s role is to respond to sinners with mercy. He questioned the blessings of same-sex marriages last December during a press conference at a Christmas event.
“The church takes mercy first. Thatās why sometimes we are concerned about people who are criminals, people who have killed people. We turn to them in mercy,” said Ameyu. “So, the state of life that somebody lives does not exclude one from the concern of the church. Be merciful to others provide services to others who need the services, and the church can do a lot in order to convince people in their state of sins to come back to the church and be converted.”
Francis in 2023 visited South Sudan and the Democratic Republic of Congo.
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